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CAG2024-101 - Original - Keller Associates, Inc. - West Hill Booster Pump Station - 03/04/2024
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Karin Bayes for Drew Holcomb Public Works Date Sent: Date Required: 0 02/21/2024 2/28/2024 Q Mayor or Designee to Sign. Date of Council Approval: Q Q Interlocal Agreement Uploaded to Website 2/20/2024 Budget Account Number: Grant? Yes NoF71 W20047.64190.110 Budget? Yes EINo Type: N/A Vendor Name: Category Keller Associates, Inc. Contract Vendor Number: Sub-Category: Original 0 Project Name: West Hill Booster Pump Station cProject Details: Consultant shall provide planning, design and bid phase services r_ for the West Hill Booster Pump Station. c Basis for Selection of Contractor: Agreement $374,900 Other E *Memo to Mayor must be attached i Start Date: 3/4/24 Upon Execution Termination Date: 6/2/2025 Q Local Business? Yes F—]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace. Business License Verification: ❑Yes In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified Notice required prior to disclosure? Contract Number:= F—]YesF—]No CAG2024-101 Comments: H i 3 f0 IM C C a1 Vf � Date Received:City Attorney: 3/1/24 Date Routed:Mayor's Office 3/1/24 City Clerk's Office 3/7/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 NI KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Keller Associates, Inc. DBA Keller Associates of Idaho, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Keller Associates, Inc. DBA Keller Associates of Idaho, Inc. organized under the laws of the State of Idaho, located and doing business at 735 Fifth Street, Suite A, Clarkston, WA 99403, Phone: (509) 295-6095, Contact: Stillman Norton (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Consultant shall provide planning, design and bid phase services for the West Hill Booster Pump Station. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by June 2, 2025. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Hundred Seventy Four Thousand, Nine Hundred Dollars ($374,900), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. The City agrees that the Consultant may reuse documents, such as a detail or calculation spreadsheet, in its future projects. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. I City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: Digitally signed by Larry S. Rupp Date:2024.02.28 By: 12:10-18-07'00' By Print Name: Larry S . Rupp Print Name: Dana Ralph Its President/CEO Its Mayor DATE: 2/2 8/2 0 2 4 DATE: 03/04/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Stillman Norton Chad Bieren, P.E. Keller Associates, Inc. DBA Keller Associates of City of Kent Idaho, Inc. 220 Fourth Avenue South 735 Fifth Street, Suite A Kent, WA 98032 Clarkston, WA 99403 (253) 856-5500 (telephone) (509) 295-6095 (telephone) publicworks@kentwa.gov (email) stillman@kellerassociates.com email APPROVED AS TO FORM: Kent Law Department ATTEST: k�;u A�IA Kent City Clerk kb-1/25/24 CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as 'the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. Digitally signed by Larry S. Rupp Date:2024.02.28 By: 12:11:29-07'00' For: Keller Associates Title: President/CEO Date: 2/28/2024 EEO COMPLIANCE DOCUMENTS - 4 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 Exhibit A City of Kent, WA WEST HILL BOOSTER PUMP STATION SCOPE OF WORK PROJECT DESCRIPTION The City of Kent,Washington ("City") has contracted with Keller Associates, Inc. ("Consultant")to provide planning, design, and bid phase services for the West Hill Booster Pump Station (BPS). The Consultant's scope of work has been developed based on the following project description. As the project moves forward,some of the information may change or be refined, and additional information will become known, resulting in the possible need to change, refine, or supplement the scope of work. The City is in the process of improving the water service and supply to the 587 pressure-zone (PZ).These improvements include adding additional flow and storage capacity.The first portion of this work has previously been completed with the commissioning of a new West Hill Reservoir in 2022 to provide the required storage capacity.The work under this contract will be for planning, design, and bid support phase for a new West Hill BPS.The new BPS will boost water from the lower 240 PZ and deliver approximately 2,000 gpm of flow to the upper 587 PZ. The BPS is expected to be constructed on City-owned property and funded through the City's water utility budget.The exact location of the new BPS will be evaluated and finalized during the planning phase of the project.The City's preferred site is located in hilly terrain on the south side of Veterans Dr. west of the Veterans Dr. bridge. With the preferred site, there is potential for the requirement of significant fill }* material and/or earth retaining SUCTION POC structures.The extent of the site • .� • hg w,VETERANS DR BRIDGE '�,� improvements will be evaluated EXISTING 16"RJ DI PIPE during the planning phase. Other site 0 4` considerations will include site <__�� ;ty., layout,grading, drainage,vehicle {f�NFDES MOINES RDA` access, backup generator and fuel u tank, hydraulic constraints, and re I coordinate with power, sewer and other utilities. { i 1 The BPS is expected be constructed of CMU blocks with trusses, metal roof, with access hatch for pump removal, and will be designed to look LEGEND and operate similar to other existing NEW WATERMAIN City-owned water facilities.The DISTRIBUTION POC t. h 12"CONNECTION AT - - ,'a, EXISTING WATERMAIN ••••••••••• UUIIdIng WIII be sized to MILITARY&38TH_ accommodate mechanical and j NEW BOOSTER PUMP STATION electrical equipment, controls and telemetry equipment, and vertical _ .RESERVOIR e and horizontal maintenance _ ' POINT OF CONNECTION POC clearances.The building design will e' include architectural, natural REV 5,2024-02-27 P-000023-207.A SCOPE OF WORK—EXHIBIT A Page 1 of 10 lighting, structural, plumbing, HVAC, and facility& process electrical and building permit support. The process design will build upon the City selected preferences identified in the Project Report and will include additional evaluations as described in the scope of work.The design will incorporate City,Washington State Department of Health (DOH), and the Hydraulic Institute design standards. Project delivery will be initiated using a design-bid-build approach and include bid support services, see below for more details. The water main (WM) portion of this project will be designed separately, either by the City or by the Consultant under a separate contract.This scope assumes that the water main design will be completed concurrently with the booster station design. Construction phase services will be contracted under a separate contract with the City of Kent Construction Department. The Consultant's services are limited to those services outlined in the following scope of work. SCOPE OF WORK TASK 1: PROJECT MANAGEMENT Consultant Responsibilities: 1.1. General Project Management. Provide general project administration services including contract administration, project accounting, progress reports, scheduling, and internal project administration. 1.2. Monthly Coordination Meetings.The Consultant will host monthly virtual coordination meetings during the design tasks(tasks 2 and 3) with City staff.The Consultant will provide and distribute meeting agenda and minutes including key decisions and action items. The purpose of these meetings is to coordinate progress, document key decisions by the City, and coordinate projects needs between the City and Consultant. City Responsibilities: • Provide a prompt review and payment on all project invoices. Assumptions: • Project management budget assumes a project schedule of up to 12 months. See additional assumptions under remaining tasks that impact the overall assumed schedule. • Includes up to 12 monthly coordination meetings.The purpose of monthly coordination meetings will not be to review and provide partial deliverables, rather these meetings will be used to coordinate items from the Consultant and allow for feedback from the City.This assumption applies to this task and subsequent tasks. • Project is being funded by the City. Deliverables: • Monthly invoices and project update summaries. • Meeting notes for monthly coordination meetings. TASK 2: PRE-DESIGN SERVICES Consultant Responsibilities: 2.1. Kickoff Meeting. Participate in a project kickoff meeting. Prepare agenda and meeting notes.The purpose of this meeting will be to review/establish City design criteria, review the overall project schedule including major milestones and meetings, review project constraints and objectives, discuss available data and published materials that will be made available by the City, and review process for deliverables including process for City review and approval. REV 5,2024-02-27 P-000023-207.A SCOPE OF WORK—EXHIBIT A Page 2 of 10 2.2. Request for Information. Review and assess available project information. Prepare request for information for data to be used in the design process. 2.3. Site Visit and Workshop.Visit two to three City sites and document with photo and field notes. Meet with City staff including operations personnel. Document City preferences for development of design criteria and City preferences. 2.4. Design Criteria. Document design criteria that will serve as basis for design. 2.5. Water Demand Analysis. Complete an independent evaluation of water demands for the West Hill and 587 pressure zone using data provided by the City.This evaluation is anticipated to include a review of daily production data for a period of two years for the sources supplying the system. It is also anticipated to include a review of SCADA data for the supply source(s) and tank levels during a peak summer period to assess the diurnal curves of the upper pressure zone. Utilize the existing number of equivalent dwelling units in the upper pressure zone (provided by the City) to estimate a typical demand per EDU. Model Evaluation Support. Coordinate with the City to provide updated model analysis using the updated existing flows design criteria.The updated analysis is anticipated to include normal operations and peak/ emergency operations where other supplemental sources to the UPZ may be off-line or where fire flow or peak demands may require supplemental supply from the booster station. The analysis should consider alternative booster station sites and if necessary, alternative pipe material sizes to assess design suction and discharge pressures for typical winter, summer, and emergency operational conditions, Including potential operation with the new reservoir off-line. Consultant will coordinate with the City to identify scenarios, review modeling results and provide comments where additional modeling may be recommended. The Consultant will participate in a round table pre-scoping meeting with City Staff and the water system modeler(RH2)to discuss the modeling tasks, scenarios, objectives, and task schedule. 2.6. BPS Siting Evaluation. Evaluate up to three alternative booster station sites including the City preferred site (see Figure above) and two alternative site located along the Veterans Dr. corridor. Efforts include reviewing available reports, a site visit, capital cost evaluation for each alternative, and considerations of non-cost factors and City priorities. 2.7. Booster Station Alternatives. Evaluate up to two design alternatives with the City for the preferred site. Alternative evaluations are anticipated to be limited to the following booster station components: a. Concept mechanical plan and section layout. b. Building layouts—evaluate up to two building layout options.This is anticipated to include integrated retaining wall recessed into a hill side and a standard CMU building placed on a flat area. c. Pump type selection—evaluate up to two pump types including pump curves to assess whether pumps are capable of operating within desired flow ranges and low suction head conditions. Pump types will be limited to the City's preferred manufacturer/type and one other manufacture/type. Evaluate pump operations for the range of operating conditions anticipated based on the demand analysis. Consider pump efficiencies, performance, and operations. Make recommendation on pump configurations that will satisfy minimum and maximum pumping capacities. d. General booster station communication and control strategy—evaluate options for general control and alarming, including local controls and alarms, and SCADA system. BPS will be designed for up to three modes of operation (ie. tank level, discharge pressure and zone pressure). The control system will be designed to alarm, callout and shutdown the pumps if low suction pressure is detected. REV 5,2024-02-27 P-000023-207.A SCOPE OF WORK—EXHIBIT A Page 3 of 10 2.8. 30%Concept Drawings. Develop 30%concept design showing site civil layout and booster station orientation on the alternative sites. Concept to include general grading concepts and reflect considerations for alternative booster station dimensions, building footprint,generator and fuel tank location, access, landscaping, pump to waste, stormwater disposal, pressure relief piping, yard piping, and access for maintenance. 2.9. Surge and Pipe Material Analysis.As part of the initial modeling efforts, provide RH2 with criteria to evaluate potential surge conditions at the round table workshop. Surge evaluation by RH2 to assume restrained joint ductile iron pipe (RJ DIP). Evaluate alternative surge mitigation strategies, i.e. surge tank, surge arrestor valve, etc. Evaluate up to two surge tank manufacturers or technologies and make recommendations to the City on surge mitigation. Document findings in the Project Report. 2.10. Electrical and Controls. Coordinate with City and power utility (Puget Sound Energy) to identify power constraints and City SCADA communication preferences. Prepare one-line diagram for power distribution and a piping and instrumentation diagram (P&ID)showing process flow, instrumentation, and expected controls. 2.11. Workshop Meeting. Meet with City to review concepts and alternatives and select preferred alternative for design including site, mechanical and building layouts, and pump selection. 2.12. Prepare Draft Project Report Amendment. Prepare a draft amendment to 2020 West Hill Reservoir and Booster Pump Station Project Report previously approved by DOH on September 17, 2020.This amendment will only update the booster station elements of the previously prepared report. Submit to City for review. 2.13. Final Protect Report Amendment. Incorporate City input and submit to DOH for review. Address DOH comments in final draft of the Project Report Amendment. City Responsibilities: • It is assumed that RH2 may take up to two months to complete the surge analysis and any modeling checks requested by Consultant. If additional time is required by RH2 to complete these services, an amendment to Consultant's schedule may be needed. • Coordinate with water system modeler(RH2) to document existing and future demands for the booster station in the model and compare to the updated demand analysis. • Provide payment to water system modeler for all associated fees required. • Provide meeting space for project meetings. • Provide requested information, including input on booster station design criteria, City preferences and preferred alternatives. Provide input on project objectives, space and performance requirements, expandability needs, and budgetary limitations. • Provide topographic, property boundary, and right-of-way surveying required for the booster station in AutoCAD format. Include copy of point file (CSV or TXT format is preferred),field book, and other pertinent notes and photos. Provide directions on what points should be identified in the plans for benchmarks and control. Provide information indicating what vertical and horizontal datums were used. Owner to be solely responsible for providing all necessary survey for the project with minimal coordination efforts needed from the Consultant. • Review and provide one set of written consolidated comments on the Draft Project Report. Review and approve final concept design, including concept site, mechanical layouts and equipment tagging system. • Select surge tank and project watermain material based on surge and pipe material analysis. • Townhall workshops are to be hosted and chaired by the City.The Consultant is not required to attend. • Provide preferred pumping manufacturers and technologies for evaluation. REV 5,2024-02-27 P-000023-207.A SCOPE OF WORK—EXHIBIT A Page 4 of 10 Assumptions: • A full booster station cost estimate will not be prepared with the Project Report Amendment. Consultant will simply inflate the cost estimate values reported in the 2020 report. If a more detailed cost estimate is required by DOH, an amendment to this scope will be needed. • Provide timely review of deliverables and provide one set of written consolidated comments on the draft Project Report Amendment and 30%design deliverables. It is anticipated that City reviews will not take more than 3 weeks for each deliverable. If extended review times are needed an amendment may be needed. • Consultant shall be entitled to rely on the accuracy and completeness of the survey and water modeling information provided by City.This assumption applies to this task and subsequent tasks. • Demand data, including SCADA information, will be provided in a spreadsheet format. • Site visit and workshop assumes travel time and necessary lodgings to and from the site for two employees. • Land and easement acquisition, negotiations, and legal descriptions are not included. • BPS location and size will result from the City selecting one of the alternatives presented in the Project Report. • Water quality monitoring is not required for the project. • Chlorine injection will not be a part of this project. • Three phase power is readily available and located adjacent to the site. • Three-dimensional dynamic modeling for pump vibrations is not included in this scope of work. • Geotechnical exploration, if required, will be provided by others or added as an additional service. Project assumes that existing geotechnical reports will be used as basis for site and building design. • Scope of work includes responding to one round of comments from DOH and the City Building Department. • BPS building will be constructed of CMU with similar architectural elements to the 640 Zone BPS, built in 2019. • Pumps will operate on VFD's. • Backup power generator&fuel tank will be located outside the building and be setup similar to other City water facilities. • Communication from the new BPS to the City SCADA computer will be through a radio antenna. • Radio path survey, if required, will be provided by others. • Consultant to use City CAD standards in drawing sets. • Provide advanced notice for City survey crew to perform work, preferably 30-days. • Pump station budget was developed assuming the BPS will have 2-duty, 1-standby and space for a future 41" pump and be capable of providing approximately 2,000 gpm firm capacity and 1,000 gpm redundant capacity. Design points will be finalized during the Project Report. • Unless otherwise noted, meetings/workshops may include a combination of in-person or virtual attendees. Virtual meetings will be held using MS Teams.This assumption applies to this task as well as subsequent tasks. • Any systemic changes to equipment tagging following the City's 30% review will be considered additional services. • The City will provide one set of consolidated review comments at each project milestone following the Consultant's deliverables. City review comments will include comments from designated City staff members based on the design elements listed below for each deliverable.This assumption applies to this task and subsequent tasks. 0 30% Phase: Site layout, utility layout, building layout, mechanical layout,general grading and drainage concepts, HVAC concepts, electrical one-line diagram, and P&ID. 0 60% Phase:Site design,grading design, erosion control concepts, stormwater design, utility design (yard piping), mechanical design (interior piping, pumps, and infrastructure), building design (structural and architectural elements), HVAC design, plumbing design, and electrical and REV 5,2024-02-27 P-000023-207.A SCOPE OF WORK—EXHIBIT A Page 5 of 10 controls design. 0 90% Phase: Same elements as 60%design as well as panel design. 0 100% Phase: Same elements as 90%design. • The progressive planning and design process will be structured to efficiently incorporate City and DOH comments at the appropriate phase of the project. Review comments received on items that were on previous deliverables are considered additional services to address any rework. Review comments that are intended for later phases of design will be noted in a Comment Tracker and be addressed at the appropriate time.This assumption applies to this task and subsequent tasks. • All of City's comments will come through a single individual and will be consolidated on a single document (BlueBeam session, word file, and/or excel) and will be provided to Consultant in a single transaction.This assumption applies to this task and subsequent tasks. Deliverables: • Kickoff meeting agenda and meeting notes. • Agenda and meeting minutes for Workshop Meeting. • Request for Information. • Draft and Final Project Report (1 PDF), including 30%concept drawings (11x17). TASK 3: FINAL DESIGN Consultant Responsibilities: 3.1. Plan Sheets. Prepare general, survey, site civil, landscaping, grading, utilities,traffic control plans and details, erosion control plan, structural, architectural, plumbing, HVAC, mechanical, electrical, and instrumentation and control plan sheets for the site, booster station, and yard piping. Instrumentation and control plan sheets will include a P&ID, instrument location plan, network diagram instrument list, and input/output schedule. Panel layout drawings including a full bill of material (BOM) and instrument wiring will be completed by System Interface (SI) per the controls design. Coordinate location of pumps, piping layout, spacing, electrical equipment, generator and fuel tank, overhead crane, skylights/roof hatches, security cameras, building access, overhead door, HVAC equipment, plumbing drains, and other appurtenances with the City. Prepare 60%and 90% review sets. 3.2. Technical Information Report. Prepare technical information report(TIR) in accordance with City of Kent Surface Water Design Manual Section 2.3.1.1. including the required ten sections as outlined. Submit to City for review at 90%design. 3.3. Specifications. Coordinate and incorporate City requirements, supplemental conditions, and Kent Special Provisions (KSP)for civil items and project constraints. Prepare technical specifications.Technical specifications will be an appendix prepared to detail the materials, processes, and the products that areto be used in the construction of the BPS.The Consultant will prepare bid items, in the measure and payment section,for all items not covered in the KSP. Prepare table of contents for the 60% review set, and complete draft technical specifications for the 90%review set. 3.4. 60% Design and Review Workshop Meeting. Submit 60%design review drawings, specifications table of contents and project comment tracker to the City. Participate in an in-person 60%design review workshop meeting. 3.5. 90% Design and Review Workshop Meeting. Submit 90%design review drawings, specifications, and project comment tracker to the City. Participate in an in-person 90%design review workshop meeting. 3.6. DOH Submittal(s). DOH design checklists will be completed and submitted along with the final plans and specifications to DOH for review. Address review comments and resubmit, as required. a. Submit to City of Kent Building Department& Public Works Department at 90%for review(final permit will be obtained by Contractor). b. Submit to Puget Sound Energy at 90% Design. REV 5,2024-02-27 P-000023-207.A SCOPE OF WORK—EXHIBIT A Page 6 of 10 3.7. Final Approval. Upon City and DOH review, Consultant will incorporate appropriate revisions into a final set of stamped drawings and specifications that will be used for bidding. Respond to DOH comments and provide resubmittal to DOH if required. 3.8. Opinion of Probable Cost. Prepare an AACE Class 3 opinion of probable cost at 60%and Class 2 at 90%and final design. City Responsibilities: • Provide timely review of deliverables and provide one set of written consolidated comments on the 60%, 90%and 100%design deliverables. It is anticipated that City reviews will not take more than 3 weeks for each deliverable. If extended review times are needed an amendment may be needed. • Provide legal and risk reviews of the bid documents. Assist in identifying permits and approvals for which Contractor will be responsible. • City to provide front-end construction contract documents (Division 00) and prepare the measure and payment spec section (note: the Consultant will provide measure and payment section for items not included in the KSP). • Pay for any associated permitting fees not assigned to the Contractor. • Assemble and submit SEPA documents including associated fees. • Assemble and submit Cultural Monitoring documents including an Inadvertent Discovery Plan (IDP)to the State for approval, including associated fees. • Provide marked up drawings on the landscaping plan indicating the desired landscaping elements limited to plants,trees, shrubs, bushes and other vegetation, basic curbing, surface treatment and irrigated areas. Provide list of names of plants to be used in the landscaping plan. • Coordinate submittal of review plans and specs with the Building Department. • Consultant will be compensated for additional services for City-requested out of scope items and for rework triggered by City-requested changes to previously agreed upon design criteria and concepts. Previously agreed upon design criteria and concepts may be documented in meeting minutes, emails, or the comment tracker. Assumptions: • Site visit and workshop assumes travel time and necessary lodgings to and from the site for two employees. • Landscaping design will be limited to decorative rock areas, shrubbery and small areas of grass(if applicable) as directed by the City. Bushes, shrubs,trees,vegetation, and other general aesthetics will be under the direction of the City staff.The landscaping plan will be incorporated in the 90%design plan set. • Irrigation design will be a performance specification and designed by the irrigation contractor. Irrigation plans will show location of water meter, backflow protector and timer. Remaining system components will be design by others. • Architectural elements are assumed to be similar and modeled after existing pumping facilities. • Extensive architectural features and architectural rendering are not included in the booster station design. Such extensive architectural design work will be added as additional serves if a licensed architect is required to satisfy building department requirements. • Contractor will be required to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP), and secure associated permits. • Shoring (if required)will be designed by the Contractor. • Building permit will be obtained by the Contractor. • Design scope is based on the "preferred" location as shown in the figure provided above. If the City selects a different site or building type the contract will be updated to reflect the change in scope. • Additional professional time for correspondence and meetings, due to an City initiated change in the project design, preparing additional bidding-related documents (i.e. contract prequalification, equipment prepurchase, and alternative bids), participating in project peer reviews or value REV 5,2024-02-27 P-000023-207.A SCOPE OF WORK—EXHIBIT A Page 7 of 10 engineering, and/or project support above and beyond that described is considered an additional service. • Since Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions,the Consultant does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of probable construction cost prepared by the Consultant. • The following design standards and references are to be followed where relevant during the development of the project: • City of Kent Standards Specifications(KSP) and Drawings • Washington Department of Transportation (WSDOT) • Existing City of Kent water facilities • DOH Water System Design Manual • Hydraulic Institute Design standards • AutoCAD is to be used to prepare drawings and AutoCAD Civil 3D or Revit may be used for the site and building design. Spreadsheets will be prepared in Microsoft Excel and text documents in Microsoft Word. • Equipment Pre-Purchase is not included but can be added as an additional service. • Consultant will submit to DOH for review at 100% Design. • Assumes only one re-submittal for each agency review, including DOH,the City Building Department, and Puget Sound Energy. • Industry best practices and the Consultants standards will be used to develop equipment, instrumentation, conduit, and conductor numbering and tagging. • This scope assumes that energy code requirements are exempt based on Washington State Energy Code, Commercial Provisions, Section C403.1 Exception 1. If the BPS is required to meet energy code requirements,then this work can be performed as an additional service. • Erosion control plan will be finalized and executed by the Contractor during construction. • Arc Flash Study will be performed during construction and under a separate contract. Deliverables: • 60%design drawing submittal (11x17) in PDF format and specification table of contents. • 90%design drawings submittal (11x17), including landscaping plan, and specifications in PDF format. • 100%stamped design submittal (11x17 and 2204) and specifications in PDF format. • Opinion of probable cost for 60%, 90%and 100%submittal. • Building permit submittal following 100%design, including checklist. TASK 4: SERVICES DURING BIDDING Consultant Responsibilities: 4.1. Addenda RFI's and Contractor Questions. If required, respond to bidder questions, and prepare up to three addenda during the bidding process to clarify, correct, or change the issued documents. 4.2. Conformed Documents.The Consultant to provide conformed documents, ie. updated drawings and specifications, by implementing bid phase changes by addendum resulting from Contractor RFI's. City Responsibilities: • Advertise solicitation for bids and post advertisement to plan rooms and pay associated fees. • Host and chair the bid opening meeting. • Distribute addenda's, maintain plan holders list, receive, manage and distribute addenda, conduct the bid opening, and review the bids. • Provide legal services if required. • Evaluate the bids. REV 5,2024-02-27 P-000023-207.A SCOPE OF WORK—EXHIBIT A Page 8 of 10 • Award the bid. Assumptions: • One bid package and one bidding process to a single Contractor is assumed. If multiple bid packages or rebidding or addressing bid protests is required,these services will be provided as an additional service. • Bidding is assumed to take place in the first quarter of 2025. If delayed till 2026 or later, an amendment to the budget may be needed to account for changes in billing rates. • Assumes the Consultant is not required to attend the pre-bid meeting or the bid opening, any changes would be considered an additional service. • Assumes up to 3 addenda and 30 RFI's, any additional addenda's or RFI's would be considered an additional service. Deliverables: • Bid advertisement for the City's use and distribution. • One electronic copy in PDF format of the bidding documents including 11"x17" plans. ADDITIONAL SERVICES(not included in scope of work) • Special use permits, environmental services, or additional permitting beyond those described in the scope of work • Power Energy Rebate Support—Coordinate with power provider about what improvements will qualify for energy rebate/credit program • Public outreach/meetings or stakeholder outreach support • Field investigations, including subsurface investigations,to check available record drawings • Construction phase services • Funding administration support • Project site tours beyond those included in the scope of work • Easements and right-of-way acquisition support • Multiple bid alternative items (ABI's) (i.e. alternative booster station footprints or construction materials)for bidding purposes • Arc Flash Study REV 5,2024-02-27 P-000023-207.A SCOPE OF WORK—EXHIBIT A Page 9 of 10 SCHEDULE Consultant anticipates the following project schedule.The number of days associated with each of the tasks are approximate and assume timely delivery of requested information. Actual schedule may vary: Schedule Anticipated Task (calendar Month of Schedule Assumptions days) Completion Task 2 — Project Report 120 days July 2024 Project Report Amendment will be submitted to Amendment City and DOH within 120 days from receiving all requested information from RFI #1 from City. RFI items are anticipated to be received within one month of receiving a signed contract. Task 3—60% Design 60 days September 60% Design Plans will be completed within 60 days Complete 2024 after receiving Project Report approval from DOH. DOH review assumed to take up to 30 days. Task 3—90% Design 60 days December 90% Design Plans will be completed within 60 days Complete 2024 after receiving City comments from the 60% review design meeting. City comments are anticipated to take no more than 21 days. Task 3—100% Design 30 days February 100% Design Plans and Specifications will be Submission to 2025 completed and submitted to DOH within 30 days DOH after receiving City comments from the 90% review design meeting. City comments are anticipated to take no more than 21 days. COMPENSATION As compensation for services to be performed by Consultant,the City will pay Consultant as described in the following table.While individual task budgets may be exceeded,the total authorized budget amount shall not be exceeded without written authorization from the City. Task Type Amount Task 1— Project Management T&M $15,800 Task 2— Pre-Design Services T&M $86,200 Task 3— Final Design T&M $259,600 Task 4— Services During Bidding T&M $13,300 TOTAL COST $374,900 T&M=Time and Materials REV 5,2024-02-27 P-000023-207.A SCOPE OF WORK—EXHIBIT A Page 10 of 10 Scope of Work-Exhibit A KELLER =n:m L M, Zz" uass sa so I Ix I.IA1 5',mo sT-- Exhibit B Insurance Requirements Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Professional Liability or Errors & Omissions insurance appropriate to the Consultant's profession. Workers' Compensation coverage for the employees of Consultant and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate, and a $1,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Professional Liability or Errors & Omissions insurance shall be written with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Consultant's insurance policies and shall not contribute to the Consultant's insurance policies. 2. Consultant's insurer must deliver or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Consultant's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Consultant's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Consultant must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. The City waives no rights, and the Consultant is not excused from performance if Consultant fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Consultant. KELLASS-01 ANGUYEN ACaRO CERTIFICATE OF LIABILITY INSURANCE DA FTDIYYYY) 21121212/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Annie Nguyen The Hartwell Corporation PHONE FAX PO Box 400 (A/C,No,EXt):(208)459-1678 1(A/C,No): Caldwell,ID83606 ADRIE :Annie thehartwellcorp.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:RLI Insurance Company 13056 INSURED INSURER B:Contractors Bonding and Insurance Company 37206 Keller Associates,Inc. INSURER C:Hartford Insurance Company 100 E Bower Street,Suite 110 INSURER D:XL Specialty Insurance Co. 37885 Meridian,ID 83642 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IN SD WVD MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE �X OCCUR PSB0010440 12/1/2023 12/1/2024 DAMAGE TO RENTED 1,000,000 X X PREMISES Ea occurrence $ X PPB304 MED EXP(Any oneperson) $ 10,000 X PPB313 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY�X ipw� �X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X PSA0003377 12/1/2023 12/1/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE X X CKB0200201 12/1/2023 12/1/2024 AGGREGATE $ 5,000,000 DED I X RETENTION$ 10,000 Products/C-O $ 5,000,000 C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YI❑NN N/A X 34WEGBB8T8B 12/1/2023 12/1/2024 1,000,000 OFFICER/MEMBER EXCLUDED? E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Professional Liabili DPR5020222 12/1/2023 12/1/2024 Each Claim 5,000,000 D Retro date 12/1/1993 DPR5020222 12/1/2023 12/1/2024 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent-West Hill Booster Pump Station The City of Kent,Washington,its officers,agents and employees are additional insureds with respect to auto and general liability,as provided by policy forms (specimens attached)Umbrella follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave.S. Kent Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number:PSB0010440 RLI Insurance Company (4)Leased personal property which you have b. Limited in Paragraph 4.Limitations in Section a contractual responsibility to insure, I. RLIPacIC®BUSINESSOWNERS COVERAGE FORM unless otherwise provided for under 4. Limitations Paragraph 1.b.(2);and a. We will not pay for loss of or damage to: (5) Exterior building glass,if you are a tenant (1)Steam boilers,steam pipes,steam en- and no Limit of Insurance is shown in the gins or steam turbines caused by or Various provisions in this policy restrict coverage.Read the (6)Your personal property in apartments, Declarations for Building property. The resulting from any condition or event inside entire policy carefully to determine rights,duties and what rooms or common areas furnished by you glass must be owned by you or in your such equipment.But we will payfor loss of is and is not covered. as landlord; care,custodycontrol; or or damage to such equipment caused by Throughout this Coverage Form the words"you'and"your" (7)Personal property owned by you that is 2. Property Not Covered or resulting from an explosion of gases or refer to the Named Insured shown in the Declarations.The used to maintain or service the buildings or Covered Property does not include: fuel within the furnace of any fired vessel words"we","us"and"our"refer to the Company providing structures or the premises,including: or within the flues or passages through this insurance. a. Aircraft,automobiles,molortrucks and other which the gases of combustion pass. (a) Fire extinguishing equipment; vehicles subject to motor vehicle registration; (2)Hot water boilers or other water heating In SECTION II—LIABILITY,the word"insured"means any b Outdoor fumiture; b. "Money"or"securities"except as provided in a ui ment caused b or resulting from an person or organization qualifying as such under Paragraph () P P q P Y 9 Y C.Who Is An Insured. (c) Floor coverings; the: condition or even[inside such boilers or (1) Money And Securities Optional Coverage; equipment,other than an explosion. Other words and phrases that appear in quotation marks (d)Appliances used for refrigerating, or (3)Property that is missing,where the only have special meaning.Refer to Paragraph H.Property ventilating, cooking, dishwashing or evidence of the loss or damage is a Definitions in SECTION I—PROPERTY and Paragraph F. laundering; (2) Employee Dishonesty Optional Coverage; shortage disclosed on taking inventory,or Liability And Medical Expenses Definitions in SECTION c. Contraband,or property in the course of illegal other instances where there is no physical II—LIABILITY. (e) Lawn maintenance and snow removal equipment;and transportation or trade; evidence to show what happened to the SECTION I—PROPERTY d. Land(including land on which the property is property.This limitation does not apply to (f) Alarm systems; located),water,growing crops; the Optional Coverage for Money and A. Coverage Securities. (6) If not covered by other insurance: e. Outdoor radio ortelevision antennas(including 4 Pro a that has been transferred to a Co will pay for direct physical loss of or damage to a Additions under construction,alters- satellite dishes)and their lead-in wiring,masts () s Covered Property at the remises described in the () person or to a place outside the described P us P or towers,signs(other than signs attached to Declarations caused b or resultingfrom an Covered bons and repairs to the buildings or premises on the basis of unauthorized Y y structures; buildings),trees,shrubs the plants,and lawns, instructions. Cause of Loss. all except as provided in[he Outdoor Property 1. Covered Property (b)Materials, equipment, supplies and Coverage Extension. (5)The interior of any building or structure temporary structures, on or within f. Watercraft(including motors,equipment and caused by or resulting from rain,snow, Covered Property includes Buildings as described 1,000 feet of the described premises, sleet,ice,sand or dust,whether driven by under Paragraph a. below, Business Personal used for making additions,alterations accessories)while afloat; wind or not,unless: Property as described under Paragraph b.below, or repairs to the buildings or g. Accounts,bills,food stamps,other evidences (a)The building or structure first sustains or both,depending on whether a Limitof Insurance structures. of debt, accounts receivable or "valuable damage by a Covered Cause of Loss is shown in the Declarations for that type of papers and records"; except as otherwise to its roof or walls through which the property. Regardless of whether coverage is b. Business Personal Property located in or on provided in this policy; rain,snow,sleet,ice,sand or dust shown in the Declarations for Buildings,Business the buildings a[the described premises or in h. "Computer(s)"which are permanently installed enters;or Personal Property,or both,there is no coverage the open(or in a vehicle)within 1,000 feet of or designed to be permanently installed in an the described premises,including: 9 P Y Y (b)The loss or damage is caused by or for property described under Paragraph 2. aircraft,watercraft,motortruck or other vehicle results from thawing of snow,sleet or Property Not Covered. (1)Property you own that is used in your subject to motor vehicle registration. This ice on the building or structure. a. Buildings,meaning the buildings and struc- business; paragraph does not apply to "compuler(s)" It. We will not pay for loss of or damage to the tures at the premises described in the Dec- (2)Property of others that is in your care, while held as"stock", following types of property unless caused by larations,including: custody or control,except as otherwise I. "Electronic data",except as provided under the"specified causes of loss"or building glass provided in Loss Payment Property Loss Additional Coverages—Electronic Data.This breakage: (1)Completed additions; Condition Paragraph E.5.d.3 ; Paragraph I.does not a our"stock"of 9 P ()(b) 9 P apply to Y (1)Animals,and then only if they are killed or (2) Fixtures, including outdoor fixtures and (3)Tenant's improvements and betterments. prepackaged software. their destruction is made necessary. swimming pools; Improvements and betterments are j. Animals,unless owned by others and boarded (2)Fragile articles such as glassware, (3) Permanently installed: fixtures, alterations, installations or by you,or if owned by you,only as"stock" statuary,marble,chinaware and porcelain, (a)Machinery;and additions: while inside of buildings. if broken.This restriction does not apply to: (a) Made apart of the building or structure 3. Covered Causes Of Loss (a)Glass that is part of the exterior or inle- (b)Equipment; you occupy but do not own;and Risks of direct physical loss unless the loss is: rior of a building or structure; (4) Fences; (b)You acquired or made at your ex- Paragraph a. Excluded in Para h B. Exclusions in (b)Containers of property held for sale;or (5) Retaining walls,whether or not attached; pense but cannot legally remove; Section I;or (c) Photographic or scientific instrument lenses. PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 1 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 2 of 49 c. For loss or damage by theft,the following types (a)The total of the actual debris removal The basic amount payable for debris (1) For the purpose of this Additional Cov- of property are covered only up to the limits expense plus the amount we pay for removal expense under the terms of erage — Collapse, abrupt collapse shown: direct physical loss or damage ex- Paragraph (3) is calculated as follows: means an abrupt falling down or (1)$2,500 for furs,fur garments and garments coeds the Limit of Insurance on the $80,000($79,500+$500)x.25=$20,000; caving in of a building or any part of trimmed with fur. Covered Property that has sustained capped at $10,500). The cap applies building with the result that the loss or damage. because the sum of the loss payable building or part of the building cannot (2)$2,500 for jewelry,watches,watch move- (b)The actual debris removal expense ($79,500)and the basic amount payable be occupied for its intended purpose. marts, jewels, pearls, precious and for debris removal expense ($10,500) semipreciousplus the sum of the deductible plu stones,bullion,gold,silver, exceeds twenty-five percent ps the%)of cannot exceed the Limit of Insurance (2)We will pay for direct physical loss or platinum and other precious alloys or ($90,000). damage to Covered Property,caused metals.This limit does not apply to jewelry amount that we pay for direct physical by abrupt collapse of a building or any and watches worth$100 or less per item. loss or damage to the Covered The additional amount payable for debris part of a building that is insured under Property that has sustained loss or removal expense is provided in ac- this policy or that contains Covered (3)$2,500 for patterns,dies,molds and forms. damage. cordance with the terns of Paragraph(4), Property insured under this policy,if because the debris removal expense such collapse is caused by one or 5. Additional Coverages Therefore, if Paragraphs (4)(a) and/or ($30,000) exceeds twenty-five percent rare of the following: a. Debris Removal (4)(b)apply,our total payment for direct (25%) of the loss payable plus the physical loss or damage and debris re- deductible($30,000 is 37.5%of$80,000), (a)Building decay that is hidden from (1) Subject to Paragraphs(3)and(4),we will moval expense may reach but will never and because the sum of the loss payable view,unless the presence of such pay your expense to remove debris of exceed the Limit of Insurance on the and debris removal expense($79,500+ decay is known to an insured prior Covered Property caused by or resulting Covered Property that has sustained loss $30,000=$109,500)would exceed the to collapse; from a Covered Cause of Loss that occurs or damage,plus$25,000. Limit of Insurance($90,000).The addi- during the policy period.The expenses will tional amount of covered debris removal (b)Insect or vermin damage that is be paid only if they are reported to us in (5) Examples hidden from view,unless the pres- expense is $19,500. Thus the total ence of such damage is known to writing within one hundred eighty Example#1 payable for debris removal expense in this 9 days of the date of direct physical lossss o or r le is the entire 30,000. an insured prior to collapse; exam Limit of Insurance $ 90,000 P damage. Amount of Deductible $ 500 b. Preservation Of Property (c)Use of defective material or meth- (2) Debris Removal does not apply to costs to: Amount of Loss $ 50,000 ods in construction,remodeling or If it is necessary to move Covered Prop- renovation if the abrupt collapse (a)Extract"pollutants"from land or water; Amount of Loss Payable $ 49,500 arty from the described premises to or ($50,000—$500) preserve it from loss or damage by a occurs during the course of the Debris Removal Expense $ 10,000 Covered Cause of Loss,we will pay for construction, remodeling or (b)Remove,restore or replace polluted renovation. land or water. Debris Removal Expense $ 10,000 any direct physical loss of or damage to Payable that property: (d)Use of defective material or meth- (3) Subject to the exceptions in Paragraph(4), ($10,000 is 20%of$50,000) (1)While it is being moved or while ods in construction,remodeling or the following provisions apply: The debris removal expense is less than temporarily stored at another location; renovation if the abrupt collapse (a)The most that we will pay for the total twenty-five percent(25%)ofthe sum of the and occurs after the construction,re- of direct physical loss or damage plus loss payable plus the deductible.The sum 2 Onl if the loss or dama a occurs with- modeling or renovation is com- debris removal expense is the Limit of of the loss payable and the debris removal () y 9 plate,but only if the collapse is Insurance applicable to the Covered expense($49,500+$10,000=$59,500)is first moved in ninety moved. Property afterihe property is caused in part by: . Property that has sustained loss or less than the Limit Insurance.Therefore c. Fire Department Service Charge (i) A cause of loss listed in Para- damage. the full amount of debris i removal expense graph(2)(a)or(2)(b); is payable in accordance with the terms of When the fire department is called to save (b)Subject to Paragraph(a)above,the Paragraph(3). or protect Covered Property from a Cov- (II)One or more of the"specified amount we will pay for debris removal causes of loss"; Bred Cause of Loss,we will pay up to expense is limited to twenty-five Example#2 $25,000,unless a different limit is shown (ill)Breakage of building glass; percent (25%) of the sum of the Limit of Insurance $ 90,000 in the Declarations,for your liability for fire deductible plus the amount that we Amount of Deductible $ 500 department service charges: (Iv)Weight of people or personal pay for direct physical loss or damage property;or Amount of Loss $ 80,000 1 Assumed b contract or agreement s the Covered Property that has () ; 9 sustained loss or damage. Amour[of Loss Payable $ 79,500 prior to loss;or (v)Weight of min that collects on ($80,000—$500) (2)Required by local ordinance. a roof. (4)We will pay up to an additional$25,000 for Debris Removal Expense $ 30,000 (3)This Additional Coverage—Collapse expense, location, debris removal ex for each lti d. Collapse P Debris Removal Expense does not apply to: in any one occurrence of physical loss or Payable The coverage provided under this Addi- damage to Covered Property,if one or Basic Amount $ 10,500 tional Coverage—Collapse applies only to (a)A building or any part of a building both of the following circumstances apply: Additional Amount $ 19,500 an abrupt collapse as described and that is in danger of falling down or limited in Paragraphs d.(1)through d.(7). caving in; PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 3 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 4 of 49 (b)A part of a building that is The coverage stated in this Paragraph personal properly in the open or ii. Executives; standing,even if it has separated (5)does not apply to personal property personal property in a vehicle,the !if. Department Managers; from another part of the building; if marring and/or scratching is the only described premises include the or damage to that personal property area within 1,000 feet of the site at iv. Employees under con- (c)A building that is standing or any caused by the collapse. which the described premises are tract;and art of a building that is standing, located. p g g, (5)This Additional Coverage—Collapse v. Additional Exemptions even if it shows evidence of does not apply to personal property With respect to the requirements shown in the Declare- cracking,bulging,sagging,bend- that has not abruptly fallen down or set forth in the preceding pam- tions as: ing,leaning,settling,shrinkage or caved in,even if the personal property graph,if you occupy only part of • Job Classifications;or expansion. shows evidence of cracking,bulging, the site at which the described (4)With respect to the following property: sagging, bending, leaning, settling, premises are located, your • Employees. (a)Awnings; shrinkage or expansion. premises means: ()if Include: (7)This Additional Coverage—Collapse (i) The portion of the building i. payroll; (b)Gutters and downspouts; will not increase the Limits of In- which you rent, lease or (c)Yard fixtures; surance provided in this policy. occupy;and ii. Employee benefits, if (S)The term Covered Cause of Loss (if)Any area within the building or directly related to payroll; (d)Outdoor swimming pools; includes the Additional Coverage— on the site at which the de- !if. FICA payments you pay; (e)Piers,wharves and docks; Collapse as described and limited in scribed premises are located, iv. Union dues you pay;and (f) Beach or diving platforms or Paragraphs d.(1)through d.(7). if that area services,or is used appurtenances; a. Water Damage,Other Liquids,Powder to gain access to, the de- v. Workers' compensation Or Molten Material Damage scribed premises. premiums. (g)Retaining walls;and (b)We will only pay for loss of (2) Extended Business Income (h)Walks,roadways and other paved If loss or damage caused by or resulting Business Income,including ordi- from covered water or other liquid,powder (a)If the necessary suspension of surfaces; nary payroll expense that you or molten material occurs,we will also pay ^ your "operations" produces a if an abrupt collapse is caused by a the cost to tear out and replace any part of sustain during the period of Business Income loss payable of cause of loss listed in Paragraphs the building or structure to repair damage restoration"and that occurs within under this policy,we will pay for ) 2 twelve (12)consecutive months the actual loss of Business In- loss ()(d),we will pay for to the system or appliance from which the l l osss a after the dale of direct physical or damage to that property only if water or other substance escapes. come you incur during the period such loss or damage is a direct result loss or damage. that: We will not pay the cost to repair any de- of the abrupt collapse of a building (c)Business Income means the: insured under this policy and the fact that caused the loss damage;but (i) Begins on the date property property is Covered Property under damaged will pay the cost to repp air i replace (i) Net Income(Net Profit Loss except finished stock is this policy. damaged parts of fee extinguishing before income taxes)) that actually repaired, rebuilt or equipment if the damage: would have been earned or replaced and"operations"are (5)If personal property abruptly falls incurred if no physical loss or resumed;and down or caves in and such collapse is (1) Results is discharge of any substance damage had occurred,but not not the result of abrupt collapse of a term an automatic fire protection sys- including any Net Income that (if)Ends on the earlier of: building, we will tam;or pay for loss or would likely have been earned i. The date you could re- damage to Covered Property caused (2) Is directly caused by freezing. as a result of an increase in store your "operations", by such collapse of personal property f. Business Income the volume of business due to with reasonable speed,to only if: favorable business conditions the level which would (a)The collapse of personal property (1) Business Income caused by the impact of the generate the Business In- was caused by a cause of loss (a)We will pay for the actual loss of Covered Cause of Loss on come amount that would listed in Paragraphs(2)(a)through Business Income you sustain due customers or on other busi- have existed if no direct (2)(d)of this Additional Coverage; to the necessary suspension of nesses;and physical loss or damage your "operations" during the (if)Continuing normal operating had occurred;or (b)The personal property which col- "period of restoration". The expenses incurred,including ii. Ninety lapses is inside a building;and p y 9 y (er consecutive suspension must be caused by payroll. days after the date de- (c)The property which collapses is direct physical loss of or damage termined in Paragraph (d)Ordinary payroll expenses: not of a kind listed in Paragraph to property at the described (a)(i) above, unless a (4), regardless of whether that premises. The loss or damage (1) Means payroll expenses for greater number of con- kind of property is considered to must be caused by or result from all your employees except: secutive days is shown in be personal property or real a Covered Cause of Loss.With I. Officers; the Declarations. property. respect to loss of or damage to PPS 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 5 of 49 PPS 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 6 of 49 However,Extended Business In- (2)Extra Expense means expense Covered Cause of Loss that occurs during Civil Authority coverage for necessary come does not apply to loss of incurred: the policy period.The expenses will be Extra Expense will begin immediatelyatter Business Income incurred as a (a)To avoid or minimize the paid only if they are reported to us in the lime of the first action of civil authority result of unfavorable business suspension of business and to writing within one hundred eighty(180) that prohibits access to the described conditionscaused bytheimpaclof days of the date on which the Covered premises and will end: the Covered Cause of Loss in the continue"operations": area where the described rem- Cause of Loss occurs. p (i) Al the described premises;or (1) Four(4)consecutive weeks after the ises are located. This Additional Coverage does not apply date of that action;or (if)Al replacement premises or at (b)Loss of Business Income must be temporary locations, in- to costs to test for,monitor or assess the (2)When your Civil Authority coverage for caused b direct physical loss or existence, concentration or effects of Y P Y cluding relocation expenses, Business Income ends; damage at the described pram- and costs to equip and "pollutants". But we will pay for testing ises caused by or resulting from operate the replacement or which n the in the course of whichever is later. an Covered Cause of Loss. extracting the"pollutants"from the land or Y temporary locations. water. The definitions of Business Income and (3)With respect to the coverage provided (b)To minimize the suspension of Extra Expense contained in the Business in this Additional Coverage,suspen- business if you cannot continue The most we will pay for each location un- Income and Extra Expense Additional sion means: der this Additional Coverage is$25,000 for Coverages alsoapplytothis Civil Authority "operations". the sum of all such expenses arising out of a The partial slowdown or complete P 9 Additional Coverage.The Civil Authority () P P (c)To: Covered Causes of Loss occurring during Additional Coverage is not subject to the cessation of your business active- each separate twelve 12 month period of ities;or (1) Repair or replace any prop- P ( ) P Limits of Insurance of SECTION I — erty;or this policy. PROPERTY. (b)That is part or all a the described premises is rendered unlenant- (if)Research,replace or restore I. Civil Authority j. Money Orders And "Counterfeit able, if coverage for Business the lost information on dam- When a Covered Cause of Loss causes Money" Income applies. aged "valuable papers and damageto property other than property at records"; p p y p pe� We will pay for loss resulting directly from (4)This Additional Coverage is not the described premises,we will pay for the your having accepted in good faith,in ex- subject to the Limits of Insurance of to the extent it reduces the amount actual loss of Business Income you change for merchandise, "money" or SECTION I—PROPERTY. of loss that otherwise would have sustain and necessary Extra Expense services: Extra Ex been payable under this Addi- caused by action of civil authority that g' Expense tional Coverage or Additional prohibits access to the described (1) Money orders issued by any post (1)We will pay necessary Extra Expense Coverage f.Business Income. premises, provided that both of the office,express company or bank that you incurduring the"period of restore- following apply: are not paid upon presentation;or tion"that you would not have incurred (3)With respect to the coverage provided i there had been no direct physical in this Additional Coverage,suspen- (1)Access to the area immediately h sur- (2)"Counterfeit money"that is acquired f loss or damage to property at the sion means: rounding the damaged property is pro- during the regular course of business. described premises.The loss or dam- (a)The partial slowdown or complete hibited by civil authority as a result of The most we will pay for any loss under age must be caused by or result from cessation of your business the damage,and the described prem- this Additional Coverage is$1,000. a Covered Cause of Loss.With re- activities;or ises are within that area but are not sPact to loss of or damage to personal more than one hundred miles from the k. Forgery Or Alteration property in the open or personal (b)That a part or all of the described damaged property;and property in a vehicle,the described premises is rendered unlenant- (1)We will pay for loss resulting directly premises indude the area within 1,000 able, if coverage for Business (2)The action of civil authority is taken in from forgery or alteration of, any feet of the site at which the described Income applies. response to dangerous physical check,draft,prornissory note,bill of premises are located. conditions resulting from the damage exchange or similar written promise of (4)We will only pay for Extra Expense or continuation of the Covered Cause payment in"money",that you or your With respect to the requirements set that occurs within twelve(12) con- of Loss that caused the damage,or agent has issued,or that was issued forth in the preceding paragraph,ifyou secutive months after the date of the action is taken to enable a civil by someone who impersonates you or occupy only part of the site at which direct physical loss or damage.This authority to have unimpeded access to your agent. the described premises are located, Additional Coverage is not subject the damaged property. your premises means: to the Limits of Insurance of SECTION (2) If you are sued for refusing to pay the (a)The portion of the building which I—PROPERTY. Civil Authority coverage for Business In- check,draft,prontissory note,bill of you rent,lease or occupy;and h. Pollutant Clean-up And Removal come will begin twenty-four(24) hours exchange or similar written promise of after the time of the first action of civil payment in"money',on the basis that (b)Any area within the building or on We will payyourexpense to extract"pollut- authority that prohibits access to the it has been forged or altered,and you the site at which the described ants"from land or water at the described described premises and will apply for a have our written consent to defend premises are located,if that area premises if the discharge,dispersal,seep- period of up to four(4)consecutive weeks against the suit,we will pay for any services,oris used to gain access age,migration,release or escape of the from the date on which such coverage reasonable legal expenses that you to,the described premises. "pollutants"is caused by or results from a began. incur in that defense. PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 7 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 8 of 49 (3)For the purpose of this coverage, (b)Any costs associated with the en- (6)This Additional Coverage is not sub- (4) If you do not resume"operations",or check includes a substitute check as forcement of an ordinance or law ject to the terms of the Ordinance Or do not resume"operations'as quickly defined in the Check Clearing for the which requires any insured or Law Exclusion,to the extent that such as possible,we will pay based on the 21st Century Act,and will be treated others to test for,monitor,clean Exclusion would conflict with the length of time it would have taken to the same as the original it replaced. up, remove, contain, treat, provisions of this Additional Coverage. resume "operations' as quickly as 4 The=at we will a for an loss,in- detoxify or neutralize,or in any possible. clu() y y way respond to or assess the (9)The costs addressed in the Loss Pay- Adding legal expenses, under this effects of"pollutants","fungi",wet ment Property Loss Condition in (5) Dependent property means property Additional Coverage is$2,500,unless g rot or dry rot. SECTION I — PROPERTY do not owned by others whom you depend on a higher Limit of Insurance is shown in to: the Declarations. (6)The most we will pay under this Addi- include the increased cost attributable tional Coverage,for each described to enforcement of an ordinance or law. (a)Deliver materials or services to I. Increased Cost Of Construction The amount payable under this Addi- you,or to others for your account. building insured under SECTION I— tional Coverage,as stated in Para- But services does not mean water, (1)This Additional Coverage applies only PROPERTY, is$10,000. If a dam- communication(6)of this Additional Coverage, communication or power supply to buildings insured on a replacement aged building(s)is covered under a services; cost basis. blanket Limit of Insurance which is not subject to such limitation. (2)In the event of damage by a Covered applies to more than one building or m. Business Income and Extra Expense (b)Accept your products or services; Cause of Loss to a building that is item of property,then the most we will From Dependent Properties (c)Manufacture your products for Covered Property, we will pay the pay under this Additional Coverage, delivery to your customers under increased costs incurred to comply for each damaged building, is (1)We will pay for the actual loss of Busi- contract for sale;or with enforcement of an ordinance or $10,000. ness Income and Extra Expense you (d)Attract customers to your law in the course of repair,rebuilding The amount payable under this sustain due to physical loss or dam- business. or replacement of damaged parts of Additional Coverage is additional age at the premises of a dependent that property, subject to the limi- insurance. property caused by or resulting from The dependent property must be tations stated in Paragraphs (3) any Covered Cause of Loss. located in the coverage territory of this through (9) of this Additional (7)With respect to this Additional However, this Additional Coverage policy. Coverage. Coverage: does not apply when the only loss to (6)The coverage period for Business In- (3)The ordinance or law referred to in (a)We will not pay for the Increased dependent property n loss or damage come under this Additional Coverage: Paragraph(2)of this Additional Cov- Cost of Construction: to "electronic data", including de- (a)Begins twenty-four (24) hours erage is an ordinance or law that regu- (1) Until the property is actually struction or corruption of"electronic after the time of direct physical lates the construction or repair of repaired or replaced,at the data". If the dependent property loss or damage caused by or buildings or establishes zoning or land same or another premises; sustains loss or damage to"electronic resulting from any Covered Cause use requirements at the described and data"and other property, coverage of Loss at the premises of the premises,and is in force at the time of (it)Unless the repairs or replace- under this Additional Coverage will not dependent property;and loss. ment are made as soon as continue once the other property is (b)Ends on the date when the (4)Under this Additional Coverage,we reasonably possible after the repaired,rebuilt or replaced. property at the premises of the will not pay any costs due to an loss or damage, not to ex- dependent property should be ordinance or law that: ceed two(2)years.We may The most we will pay under this Addi- repaired,rebuilt or replaced with tional Coverage is$5,000 unless a reasonable speed and similar extend this period in writing s P (a)You were required to comply with higher Limit of Insurance is indicated uali before the loss,even when the during the two(2)years. in the Dedarations. q ty building was undamaged;and (b)If the building is repaired or (7)The Business Income coverage per- replaced the same premises or (2)We will reduce the amount of your iod,as stated in Paragraph(5),does , (b)You failed to comply with. if you elect to rebuild at another Business Income loss, other than not include any increased period (5)Under this Additional Coverage,we premises,the most we will pay for Extra Expense,to the extent you can required due to the enforcement of will not pay for: the Increased Cost of Construc- resume"operations',in whole or in any ordinance or law that: tion is the increased cost of con- part,by using any other available: (a)Regulates the construction,use or (a)The enforcement law nl of any ores struction at the same premises. repair, or requires the tearing nance or law which requires (a)Source of materials;or P q 9 demolition, repair, replacement, (c)If the ordinance or law requires down of any property;or reconstruction, remodeling or relocation to another premises, (b)Outlet for your products. (b)Requires any insured or others to remediation of property due to the most we will pay for the (3)We will reduce the amount of your test for, monitor, dean up, re- contamination by'pollutants"or Increased Cost of Construction is Extra Expense loss to the extent you move,contain,treat,detoxify or due to the presence, growth, the increased cost of construction can return"operations"to normal and neutralize,or in any way respond proliferation,spread or any activity at the new premises. discontinue such Extra Expense. to, or assess the effects of of"fungi",wet rot or dry rot;or 'pollutants". PPS 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 9 of 49 PPS 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 10 of 49 The expiration date of this policy will loss will be valued at the cost of (2)With respect to the coverage pro- any interruption which begins in one not reduce the Business Income replacement of the media on which the vided under this Additional Coverage, policy year and continues or results in coverage period. "electronic data" was stored, with the Covered Causes of Loss are additional loss or expense in a sub- (8)The definitions of Business Income blank media of substantially identical subject to the following: sequent policy year(s),all loss and and Extra Expense contained in the type. (a)Coverage under this Additional expense is deemed to be sustained or Business Income Additional Cover- (2)The Covered Causes of Loss Coverage—Interruption Of Coati incurred in the policy year in which the age and Extra Expense Additional applicable to Business Personal puter Operations is limited to the interruption began. Coverage also applies to this Property include a computer virus, "specified causes of loss" and (4)This Additional Coverage—Interrup- Business Income and Extra Expense harmful code or similar instruction Collapse. tion Of Computer Operations does not From Dependent Properties Addi- introduced into or enacted on a com- apply to loss sustained or expense tional Coverage. puter system (including "electronic (b)If the s endorsed to Coverage incurred after the end of the"period of Form is endorsed to add a Cov- data")or a network to which it is con- restoration", even if the amount of n. Glass Expenses nected, designed to damage or tired Cause of Loss, the aoss insurance stated in(3)above has not (1)We vAll pay for expenses incurred to destroy any part of the system or tional Covered Cause of Loss been exhausted. put up temporary plates or board up disrupt its normal operation.But there does not apply to the coverage openings if repair or replacement of is no coverage for loss or damage provided under this Additional (6)Coverage for Business Income does Coverage damaged glass is delayed. caused by or resulting from . not apply when a suspension of manipulation of a computer system (c)The Covered Causes of Loss "operations"is caused by destruction (2)We will pay for expenses incurred to (including "electronic data") by any include a computer virus,harmful or corruption of"electronic data",or remove or replace obstructions when any loss or damage to "electronic repairing or replacing glass that is part employee,inducting a temporary or code or similar instruction intro- data", except as provided under leased employee,or by entity re- doted into or enacted on a of a building.This does not include re- tained by you,or for you,to inspect, computer system(including eleo- Paragraphs (1) through (4) of this moving or replacing window displays. design,install,modify,maintain,repair tron c data")or a network to which Additional Coverage. o. Fire Extinguisher Systems Recharge or replace that system. it is connected,designed to dam- (6)Coverage for Extra Expense does Expense (3)The most we will pay under this age or destroy any part of the not apply when action is taken to for(1)We will pay: tional Coverage—Electronic Datato for system or disrupt its normal avoid or minimize a suspension of all loss or damage sustained in any operation.But there is no cover- "operations"caused by destruction or (a)The cost recharging or - age for an interruption related to corruption ,or an tion of"electronic data" ing,whichever ver is less,youurr fire one policy year, regardless of the p y number of occurrences of loss or manipulation of a computer sys- loss or damage to"electronic data", extinguishers and fire extinguish- e number of premises, tem(including"electronic data") except as provided under Paragraphs damage or th ing systems(incuding hydrostatic locations the computer systems by any employee, including a (1) through (4) of this Additional testing if needed)if they are dis- temporary or leased employee,or Coverage. involved,is$10,000,unless a higher overe g charged on or within 1, feet of by an entity retained by you,or for the described premises;;an and Limit of Insurance is shown in the you, to inspect, design, install, r. Limited Coverage For"Fungi",Wet Rol Det occurrenons.ce ti loss payment st the modify,maintain,repair or replace Or Dry Rot (b)For loss or damage to Covered first occurrence does not exhaust this Properly if such loss or damage is amount,[hen the balance is available that system. (1)The coverage described in Pare- the result of an accidental dis- for subsequent loss or damage (3)The most we will pay under this Addi- graphs r.(2) and r.(6) only applies charge of chemicals from a fire sustained in,but not after,that policy tional Coverage — Interruption Of when the"fungi",wet rot or dry rot are extinguisher or a fire extinguish- year.With respect to an occurrence Computer Operations for all loss the result of a"specified cause of loss" ing system which begins in one policy year and sustained and expense incurred in any other than fire or lightning that occurs (2)No coverage will apply if the fire exfin- continues or results in additional loss one policy year, regardless of the during the policy period and only if all or damage in a subsequent policy number of interruptions or the number reasonable means were used to save g installation system is discharged during ears all loss or damage is deemed of and reserve the property from further installation or testing. t O� 9 premises, locations or computer P P P Y to be sustained in the policy year in systems involved,is$10,000 unless a damage at the time of and after that (3)The most we will pay under this Addi- which the occurrence began. higher Limit of Insurance is shown in occurrence. tional Coverage is$10,000 in any one Interruption Of Computerthe Declarations. If loss payment occurrence. q. p Operations relating to the first interruption does (2)We will pay for loss or damage by (1) Subject to all provisions of this Addi- not exhaust this amount, then the "fungi",wet rot or dry rot.As used in p. Electronic Data tional Coverage,you may extend the balance is available for loss or this Limited Coverage,the term loss or damage means: (1)Subject to the provisions of this Addi- insurance that applies to Business expense sustained or incurred as a tional Coverage,we will pay for the Income and Extra Expense to apply to result of subsequent interruptions in (a)Direct physical loss or damage to cost to replace or restore"electronic a suspension of"operations"caused that policy year.A balance remaining Covered Property caused by data"which has been destroyed or by an interruption in computer opera- at the end of a policy year does not "fungi",wet rot ordry rot,including corrupted by a Covered Cause of tions due to destruction or corruption increase the amount of insurance in the cost of removal of the"fungi", Loss.To the extent that"electronic of"electronic data"due to a Covered the next policy year.With respect to wet rot or dry rot; data"is not replaced or restored,the Cause of Loss. PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 11 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 12 of 49 (b)The cost to tear out and replace (6)The following applies only if Business (3)The most we will pay under this (1) Similar use as the building de- any part of the building or other Income and/or Extra Expense Cover- Additional Coverage is$25,000 in any scribed in the Declarations;or property as needed to gain access age applies to the described prem- one occurrence. Use as a warehouse. to the"fungi",wet rot or dry rot; ises and only if the suspension of (!I) and "operations"satisfies all the terms and t. Claims Data Expense The most we will pay for loss or conditions of the applicable Business (1)We will pay the reasonable expenses damage under this Extension is (c)The cost of testing performed after Income and/or Extra Expense you incur in preparing daim data when $250,000 at each building. removal, repair, replacement or Additional Coverage. we require such data to show the 2 Business Personal restoration of the damaged prop- () Property arty is completed,provided there (a)If the loss which resulted in extent of loss.This includes the cost of is a reason to believe that"fungi", "fungi",wet rot or dry rot does not taking inventories,making appraisals, If this policy covers Business Personal wet rot or dry rot are present. in itself necessitate a suspension preparing income statements, and Property, you may extend that of"operations",but such suspen- preparing other documentation. insurance to apply to: (3)The coverage described under this sion is necessary due to loss or (2) Under this Additional Coverage,we (a)Business Personal Property, Limited Coverage is limited to damage to property caused by $15,000.Regardless of the number of "fungi",wet rot or dry rot,then our will not pay for; including such property that you claims,this limit is the most we will pay payment under the Business (a)Any expenses incurred,directed, newly acquire,at any location you acquire; for the total of all loss or damage Income and/or Extra Expense is or billed by or payable to attor- arising out of all occurrences of limited to the amount of loss neys,insurance adjusters or their (b)Business Personal Property, "specified causes of loss"(other than and/or expense sustained in a associates or subsidiaries; including such property that you fire or lightning)which take place in a period of not more than thirty(30) newly acquire located at your days. The days need not be (b)Any costs in connection with twelve gins ng of period(starting with y y Paragraph E.2.,Appraisal;or newly constructed ttheto or acquired the beginning of the present annual consecutive. pp buildings at the location described policy period). With respect to a (b)If a covered suspension of"opera- (c)Any expenses incurred,directed, in the Declarations;or particular occurrence of loss which tions" was caused by loss or or billed by or payable to insur- results in"fungi",wet rotor dry rot,we damage other than"fungi",wet rot ance brokers or agents,or their (c)Business Personal Property that will not pay more than the total of or dry rot, but remediation of associates or subsidiaries,without you newly acquire,located at the $15,000 even if the"fungi",wet not or "fungi",wet rot or dry rot prolongs our written consent prior to such described premises. dry rot continues to be present or the"period of restoration",we will expenses being incurred. This Extension does not apply to per- active, or recurs, in a later policy pay for loss and/or expense sus- (3)The most we will pay for preparation of sonal property that you temporarily ac- period. tained during the delay(regard- claim data under this Additional Cover quire in the course of installing or per- 4 The coverage provided under this Lim- less of when such a delay occurs y forming work on such property or your () 9 P durin the""period of restoration", in an one occurrence is premises g P ) regardless of the number of remises wholesale activities. ited Coverage does not increase the but such coverage is limited to g P applicable Limit of Insurance on any thirty(30)days.The days need involved. The most we will pay for loss or Covered Property. If a particular not be censer hive. 6. Coverage Extensions damage under this Extension is occurrence results in loss or damage s. Expediting Expenses In addition to the Limits of Insurance of $100,000 at each building. by"fungi",wet rot or dry rot,and other loss or damage,we will not pay more, (1)We will pay for the reasonable and SECTION I—PROPERTY,you may extend (3)Period Of Coverage for the total of all loss or damage,than necessary additional expenses you the insurance provided by this policy as With respect to insurance on or at the applicable Limit of Insurance on incur for direct physical loss of or provided below. each newly acquired or constructed the affected Covered Property. damage to Covered Property caused Except as otherwise provided,the following property,coverage will end when any by or resulting from a Covered Cause Extensions apply to property located in or on of the following first occurs: If there is covered loss or damage to of Loss,to make temporary repairs, Covered Property, not caused by expedite permanent repairs, or the building described in the Declarations or in (a)This policy expires; "fungi",wet rot or dry rot,loss payment expedite permanent replacement,at the open(or in a vehicle)within 1,000 feel of (b)One hundred eighty(180)days will not be limited by the terms of this the remises sustaining loss or dam- the described premises. expire after P g p' you acquire the Limited Coverage,except to the extent age. Expediting expenses include a. Newly Acquired Or Constructed property or begin construction of that"fungi",wet rot or dry rot causes overtime wages and the extra cost of Property that part of the building that would an increase in the loss.Any such express or other rapid means of (1)Buildings qualify as covered property;or increase in the loss will be subject to transportation. Expediting expenses the terms of this Limited Coverage. do not include expenses you incur for If this policy covers Buildings,you may (c)You report values to us;or (5)The terms of this Limited Coverage do the temporary rental of property or extend that insurance to apply to: (d)The property is more specifically temporary replacement of damaged insured. not increase or reduce the coverage property. (a)Your new buildings while being provided under the Water Damage, built on the described premises; We will charge you additional premium Other Liquids, Powder Or Molten (2)This Additional Coverage does not and for values reported from the date you Material Damage or Collapse Addi- apply to the Optional Coverage for ac ire the roe or begin con- tional Coverages. Equipment Breakdown Protection (b)Buildings you acquire at premises struuction of thatp art of the gbuildin Coverage. other than the one described, P 9 intended for: thatwould qualify as covered property. PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 13 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 14 of 49 b. Personal Property Off-Premises custody or control caused by or (g)Paragraph B.3. (g)Paragraph B.6.,Accounts Receiv- You may extend the insurance provided by resulting from a Covered Cause of f. Accounts Receivable able Exclusion. this policy to apply to your Covered Loss. This Coverage Extension g. Outdoor Signs Property, includes the cost to research,replace (1)You may extend the insurance that p rly, than"money'and"decor or restore the lost information on applies to Business Personal Property (1) If you are the building owner and a hies',"valuable e papers and records"or "valuable papers and records" for to apply to accounts receivable.We limit of insurance is shown in the accounts receivable, while it is in the which duplicates do not exist. will pay: declarations for Building, you may course of transit or at a premises you do y not own,lease or operate.The most we (2)This Coverage Extension does not (a)All amounts due from your extend that insuranceto apply to direct will pay for loss or damage under this apply to: customers that you are unable to physical loss of or damage to outdoor Extension is$10,000. collect; signs: (a)Property held as samples or for (a)Owned by you;or c. Outdoor Property delivery after sale;and (b)Interest charges on any loan re- (1)You may extend the insurance pro- (b)Property in storage away from the quired to offset amounts you are (b)Owned by others but in your care, vided by this policy to apply to direct premises shown in the unable to collect pending our custody or control. physical loss of or damage to the Declarations. payment of these amounts; (2) If you are a tenant and a limit of following types of outdoor property at (3)The most we will pay under this Cover- (c)Collection expenses in excess of insurance is shown in the declarations the described premises caused by or your normal collection expenses for Business Personal Property,you resulting from a Covered Cause of age Extension for loss or damage to that are made necessary by loss may extend this insurance to apply to one occurrence Loss: "valuable papers and records' any or damage;and direct physical loss of or damage to (a) Radio and television antennas premises is$10,000 the described,unless a higher (d)Other reasonable expenses that outdoor signs: (including satellite dishes); Limit of Insurance for"valuable papers you incur to reestablish your (a)Owned by you;or (b)Bridges,walks,roadways,patios and records" is shown in the records of accounts receivable; (b)Owned by others that you are and other paved surfaces;or Declarations. that result from direct physical loss or contractually obligated to repair or For"valuable papers and records"not damage by any Covered Cause of replace. (c)Trees,shrubs,plants,and lawns. at the described remises the most we Loss to our records of accounts P y (3) Paragraph A.3.,Covered Causes Of (2)The most we will pay for loss or will pay is$5,000. receivable. Loss,and Paragraph B.Exclusions damage under this Extension is (4) Loss or damage to"valuable papers (2)The most we will pay underthis Cover- in SECTION I—PROPERTY,do not $2,500 at each described location, and records"will be valued at the cost age Extension for loss or damage in apply to this Coverage Extension, unless higher Limit of Insurance for of restoration or replacement of the any one occurrence at the described except for: Outdoorr Property is she — in in the lost or damaged information.To the remises is$10,000,unless a higher Declarations, but not more than 9 p 9 (a)Paragraph B.i.c.,Governmental $1,000 for any one tree,shrub,plant, extent that the contents of the Limit of Insurance for accounts Action; or lawn. "valuable papers and records"are not receivable is shown in the (b)Paragraph B.1.d., Nuclear restored, the "valuable papers and Declarations. Hazard;and d. Personal Effects records"will be valued at the cost of For accounts receivable not at the de- replacement with blank materials of (c)Paragraph BAIA., War And You may extend the insurance that applies substantially identical type. scribed premises,the most we will pay Military Action. to Business Personal Property to apply to is$5,000. personal effects owned by you,your off- (5) Paragraph B. Exclusions in (3)Paragraph B. Exclusions in (4)We will not pay for loss or damage cers,your partners or"members",your SECTION I—PROPERTY does not caused by or resulting from: "managers" or your employees. This apply to this Coverage Extension SECTION I PROPERTY does not extension does not apply to: except for: apply to this Coverage Extension (a)Wear and tear; except for: (b)Hidden or latent defect; (1)Tools or equipment used in your busi- (a)Paragraph B.i.c.,Governmental rah B.1.c.,Governmental (a)Paragraph p (c)Rust; ness;or Action; Action; (2)Loss or damage by theft. (b)Paragraph B.1.d., Nuclear (d)Corrosion;or .1.d Hazard; (b)Paragraph B ., Nuclear (a)Mechanical breakdown. The most we will pay for loss or damage Hazard; under this Extension is$2,500 at each de- (c)Paragraph B.1.f., War And (c)Paragraph B.i.f., War And h. Appurtenant Buildings scribed premises. Military Action; MilitaryAction; 1 If this policy covers Building, () p y g,you may e. Valuable Papers And Records (d)Paragraph B.21.,Dishonesty; (d)Paragraph B.2.f.,Dishonesty; extend that insurance to applyto direct (1)You may extend the insurance that (a)Paragraph B.2.g., False physical loss or damage to "ap- applies to Business Personal Property Pretense; (e)Paragraph B.2.g., False purtenant buildings"owned by you,or to apply direct physical loss or dam- Pretense; owned by others that you are age to"valuable papers and records" (f) Paragraph B.2.m.(2), Errors Or (f) Paragraph B.3.;and contractually obligated to repair or that you own,or that are in your care, Omissions;and replace. PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 15 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 16 of 49 (2)If this policy covers Business Personal b. Earth Movement d. Nuclear Hazard g. Water Property, you may extend that in- (1)Earthquake,including any earth sinking, 1 Flood, surface water, waves (including surance to apply to direct physical loss Nuclear reaction or radiation,or radioactive () ( r, or damage to Business Personal rising or shifting related to such event; contamination,however caused. tidal wave and tsunami),tides,tidal water, o overflow of any body of water,or spray Properly located in or on"appurtenant (2)Landslide, including any earth sinking, But if nuclear reaction or radiation,or radio- from any of these,all whether or not driven buildings'. rising or shifting related to such event; active contamination,results in fire,we will pay Y by wind(including storm surge); (3)'Appurtenant buildings"are buildings (3)Mine subsidence,meaning subsidence of for the loss or damage caused by that fire.or structures, for which no limit of a man-made mine,whether or not mining (2)Mudslide or mudflow; insurance is shown,that are located activity has ceased; e. Utility Services (3)Water that backs up or overflows or is on or within 1,000 feel of premises (4)Earth sinking (other than sinkhole col- The failure of power,communication,water or otherwise discharged from a sewer,drain, described in the Declarations, lapse), rising or shifting including soil other utility service supplied to the described sump,sump pump or related equipment; including: conditions which cause settling,cracking premises,however caused,if the failure: (4)Water under the ground surface pressing (a)Storage buildings; or other disarrangement of foundations or (1)Originates away from the described on,or flowing or seeping through: other parts of realty. Soil conditions (b)Carports; include contraction,expansion,freezing, premises;or (a) Foundations, walls,floors or paved thawing,erosion, improperlycorn acted surfaces; (c)Garages; g. p (2)Originates al the described premises,but soil and the action of water under the only if such failure involves equipment (b)Basements,whether paved or not;or (d)Pump houses;or ground surface. used to supply the utility service to the (c) Doors,windows or other openings;or (a)Above ground tanks; But if Earth Movement,as described in Par- described premises from a source away (5)Waterborne material carried or otherwise (4) The most we will pay for loss or agraphs(1)through(4)above,results in fire or from the described premises. moved by any of the water referred to in damage under this Coverage Ex- explosion,we will pay for the loss or damage Paragraph 1 g g caused by that fire or explosion. Failure of any utility service includes lack of g p (). ss, or d b m material tension in any one occurrence for any sufficient capacity and reduction in supply. carried or otherwise moved by mudslide or combination of physical loss or (5)Volcanic eruption,explosion or effusion. mudflow. damage is$50,000. But if volcanic eruption,explosion or ef- Loss or damage caused by a surge of power is This exclusion applies regardless of whether fusion results in fire, building glass also excluded,if the surge would not have B. Exclusions fusion but for an event causing a failure of any of the above,in n act f (t)through breakage or volcanic action,we will pay for g (5), is caused by an act of nature or is 1. We will not pay for loss or damage caused directly the loss or damage caused by that fire, power. otherwise caused.An example of a situation to or indirectly by any of the following.Such loss or building glass breakage or volcanic action. But if the failure or surge of power,or the which this exclusion applies is the situation damage is excluded regardless of any other cause Volcanic action means direct loss or failure of communication,water or other utility where a dam,levee,seawall orother boundary or event that contributes concurrently or in any damage resulting from the eruption of a service,results in a Covered Cause of Loss, or containment system fails in whole or in part, sequence to the loss. These exclusions apply volcano when the loss or damage is we will pay for the loss or damage caused by for any reason,to contain the water. whether or not the loss event results in widespread caused by: that Covered Cause of Loss. damage or affects a substantial area. But if any of the above,in Paragraphs(1) a. Ordinance Or Law (a)Airborne volcanic blast or airborne Communication services include but are not through (5), results in fire, explosion or shock waves; limited to service relating to Internet access or sprinkler leakage,we will pay for the loss or (1)The enforcement of any ordinance or law: (b)Ash,dust or particulate matter;or access to any electronic,cellular or satellite damage caused by that fire, explosion or network (a)Regulating the construction, use or (c) Lava flow. . sprinkler leakage. repair of any property;or h. Certain Computer-related Losses All volcanic eruptionsthal occur within any This exclusion does not apply to loss or (b)Requiring the trading down of any one hundred sixty-eight(168)hour period damage to "computer(s)" and "electronic (1)The failure,malfunction or inadequacy of: property,including the cost of remov- will constitute a single occurrence. data". (a)Any of the following,whether belong- ing its debris. Volcanic action does not include the cost f. War And Military Action ing to any insured or to others: (2)This exclusion,Ordinance Or Law,applies to remove ash,dust or particulate matter (1) "Computer" hardware, including whether the loss results from: that does not cause direct physical loss of (1)War,including undeclared or civil war; microprocessors or other elec- (a)An ordinance or law that is enforced or damage to Covered Property. (2)Warlike action by a military force,including tronic data processing equipment even if the property has not been c. Governmental Action action in hindering or defending against an as may be described elsewhere in damaged;or actual or expected attack, by any this policy; Seizure or destruction of property by order of n or other authoril overnment,soverei if "Corn uter" a lication software (b)The increased costs incurred to governmental authority. g g y () p pp using military personnel or otheragents;or or other"electronic data"as may comply with an ordinance or law in the But we will pay for loss or damage caused by be described elsewhere in this course of construction, repair,mno- or resulting from acts of destruction ordered by (3) Insurrection, rebellion, revolution, usur- policy; vation, remodeling or demolition of governmental authority and taken at the time ped power,or action taken by govern- property or removal of its debris, of a fire to prevent its spread,if the fire would mental authority in hindering or defending (III)"Computer" operating systems following a physical loss to that be covered under this policy. against any of these. and related software; property. PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 17 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 18 of 49 (iv)"Computer"networks; j. Virus Or Bacteria b. Consequential Losses g. False Pretense (v) Microprocessors ("computer" (1)Any virus,bacterium or other microor- Delay,loss of use or loss of market. Voluntary parting with any property by you or chips)not part of any"computer" ganism that induces or is capable of anyone else to whom you have entrusted the system;or inducing physical distress,illness or c. Smoke,Vapor,Gas property if induced to do so by any fraudulent (A)Any other computerized elec- disease. Smoke, vapor or gas from agricultural scheme,trick,device or false pretense. tronic equipment or components; (2) However,the exclusion in Paragraph smudging or industrial operations. h. Exposed Property or (1)does not apply to loss or damage d. Steam Apparatus Rain,snow,ice or sleet to personal property in caused by or resulting from"fungi", the open. (b)Any other products,and any services, wet rot or dry rot.Such loss or damage Explosion of steam boilers, steam pipes, data or functions that directly or is addressed in Exclusion i.; steam engines or steam turbines owned or i. Collapse indirectly use or rely upon, in any leased by you,or operated under your control. manner, an of the items listed in (3)With respect to any loss or damage (1)Collapse,including any of the following Y Bu[if explosion of steam boilers,steam pipes, conditions of Paragraph a above; subject to the exclusion in Paragraph property or any part of the () (1),such exclusion supersedes any steam engines or steam turbines results in fire property: due to the inability to correctly recognize, exclusion relating to"pollutants". or combustion explosion,we will pay for the loss or damage caused by that fire or (a)An abrupt falling down or caving in; distinguish,interpret oraccept one or more 2. We will not pay for loss or damage caused by combustion explosion.We will also a for loss dates or times.An example is the inability or resultingfrom an of the following: P pay (b)Loss of structural integrity,inducting of computer software to recognize the year Y g' or damage caused by or resulting from the separation of pads of the property or 2000. a. Electrical Apparatus explosion of gases orfuel within the furnace of property in danger of falling down or Artificially generated electrical,magnetic any fired vessel or within the flues or passages caving in;or (2)Any advice,consultation,design,evalu- through which the gases of combustion pass. ation, inspection, installation, main- or electromagnetic energy that damages, (c)Any cracking, bulging, sagging, tenance,repair,replacement or supervi- disturbs,disrupts or otherwise interferes e. Frozen Plumbing bending,leaning,settling,shrinkage sion provided or done by you or for you to with any: Water,other liquids,powderor molten material or expansion L(such condition relates determine,rectifyor test for,an potential 1 Electrical or electronic wire,device, to Paragraph i.(1)(a)or i.(1)(b). Y P () that leaks or flows from plumbing,heating,air or actual problems described in Pam- appliance,system or network;or conditioning or other equipment(except fire But if collapse results in a Covered Cause graph(1)above. (2) Device,appliance,system or network protective systems)caused by or resulting of Loss at the described premises,we will However, if excluded loss or damage, as utilizing cellularor satellite technology. from freezing,unless: pay for the loss or damage caused by that Covered Cause of Loss. described in Paragraph(1)above results in a For the purpose of this exclusion,elec (1)You do your best to maintain heat in the "specified cause of loss"under SECTION I— trical,magnetic or electromagnetic energy building or structure;or (2)This Exclusion i.,does not apply: PROPERTY,we will pay only for the loss or includes but is not limited to: (a)To the extent that coverage is pro- damage caused by such"specified cause of (2)You drain the equipment and shut off the vided under the Additional Coverage— loss". (1) Electrical current,including arcing; supply if the heat is not maintained. Collapse;or We f. Dishonesty will not pay for repair, replacement or (2) Electrical charge produced or b (b)To collapse caused by one or more of conducted by a magnetic or electro- modificationthe of any items in Paragraph(1)(a) magnetic field; Dishonest or criminal acts by you,anyone else the following: or(1)(b)to correct any deficiencies or change with an interest in the property, any features. (3) Pulse of electromagnetic energy;or P P rty,rs any ff your (i) The Breakage "specified causes la loss"; or their partners, "members", officers, (ii)Breakage of building glass; I. "Fungi",Wet Rot Or Dry Rot (4) Electromagnetic waves or micro- "managers", employees,directors,trustees, waves. authorized representatives or anyone to whom (Ili)Weight of rain that collects on a Presence,growth,proliferation,spread or any you entrust the property for any purpose: roof;or damage caused b activity of"fungi",wet rot or dry rot. But if fire results,y will pay for the loss or y fire. (1)Acting alone or in collusion with others;or (iv)Weight of people or personal But if'fungi",wet rot or dry rot result in a property. We Will pay for loss or damage to'com- 2 Whether or not occurringduring the hours "specified cause of loss", by will pay for the puter(s)"due to artificially generated else- () g j. Pollution loss or damage caused by that"specified of employment. cause of loss". tricel,magnetic or electromagnetic energy We will not pay for loss or damage caused by if such loss or damage is caused by or re- This exclusion does not apply to acts of de- or resulting from the discharge, dispersal, This exclusion does not apply: sults from: struction by your employees; but theft by seepage, migration, release or escape of (1)When'fungi",wet rot or dry rot result from (1)An occurrence that took place within employees is not covered. "pollutants"unless the discharge,dispersal, fire or lightning;or 1000 feet of the described premises; With respect to accounts receivable and seepage,migration,release or escape is itself or "valuable papers and records",this exclusion caused by any of the"specified causes of (2)To the extent that coverage is provided in (2) Interruption of electric power supply, does not apply to carriers for hire. loss".But if the discharge,dispersal,seepage, the Limited Coverage For"Fungi",Wet Rot migration,release or escape of"pollutants" Or Dry Rot Additional Coverage, with power surge,blackout or brownout if This exclusion does not apply to coverage that results in a"specified cause of loss",we will respect to loss or damage by a cause of the cause of such occurrence look is provided under the Employee Dishonesty pay for the loss or damage caused by that loss other than fire or lightning. place within 1,000 feet of the Optional Coverage. "specified cause of loss". described premises. PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 19 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 20 of 49 k. Neglect However,we will pay for direct physical loss or Loss Or Damage To Products a. Loss or damage caused by or resulting from damage caused by resulting fire or explosion if alteration, falsification, concealment or Neglect of an insured to use all reasonable these causes of loss would be covered by this We will not pay for loss or damage to any y or destruction of records of accounts receivable means to save and preserve property from coverage form. c salon e,goods or other product caused by or done to conceal the wrongful giving,taking or further damage al and after the time of loss. resulting from error or omissions any person or withholding of"money","securities"or other o. Electrical Disturbance entity(including those having possession under an I. Other Types Of Loss arrangement where work or a portion of the work property. Electrical f magnetic injury,disturbance or 9 (1)Wear and tear; erasure of"electronic data",except as pro- is outsourced)in any stage of the development, This exclusion applies only to the extent of the (2) Rust or other corrosion,decay,deterio- vided for under the Additional Coverages of production or use of the product, including wrongful giving,taking orwithholding. ration, hidden or latent defect or any SECTION I—PROPERTY. planning,testing,processing,packaging,install- b. Loss or damage caused by or resulting from qualitlation, maintenance or repair. This exclusion or destroy in property that causes itto damage However,we will a for direct loss or dama a bookkeeping,accounting or billing errors or or destro itself; pay g applies to any effect that compromises the form, omissions. Y caused by lightning. substance or quality of the product.But if such (3)Smog; p. Continuous Or Repeated Seepage Or error or omission results in a Covered Cause of c. Any loss or damage that requires any audit of (4 Settling,cracking,shrinking or ex Leakage Of Water Loss,we will pay for the loss or damage caused by records or any inventory computation to prove ) g expansion; that Covered Cause of Loss. its factual existence. 5 Nestingor infestation, or discharge or Continuous or repeated seepage or leakage of () g water,or the presence or condensation of 5. Business Income And Extra Expense C. Limits Of Insurance release ofwasle products or secretions,by humidity,moisture or vapor,that occurs over a Exclusions 1. The most we will pay for loss or damage in any one insects,birds,rodents or other animals; period of fourteen(14)days or more. occurrence is the applicable Limits of Insurance of (6) Mechanical breakdown,including rupture a. We will not pay for: SECTION I—PROPERTY shown in the Dec- or bursting caused by centrifugal force. 3. We will not pay for loss resulting from any of the following Paragraphs a.or damage caused by or (1)Any Extra Expense,or increase of Busi- larations. f This exclusion does not apply with re- ness Income loss,caused by or resulting sped to the breakdown of"compuler(s)"; through c.But if an excluded cause of loss that is from: 2. The amounts of insurance applicable to the listed in Paragraphs a.through c.results in a Coverage Extensions and the following Additional (7)The following causes of loss to personal Covered Cause of Loss,we will pay for the loss or (a) Delay in rebuilding, repairing or Coverages apply in accordance with the terms of property: damage caused by that Covered Cause of Loss. replacing the property or resuming such coverages and are in addition to the Limits of (a)Dampness or dryness of atmosphere; a. Weather Conditions "operations",due to interference at the Insurance of SECTION I—PROPERTY: location of the rebuilding, repair or a. Fire Department Service Charge; (b)Changes in or extremes of tempera- Weather conditions.But this exclusion only replacement by strikers or other ture;or applies if weather conditions contribute in any persons;or b. Pollutant Clean-up And Removal; way with a cause or event excluded in c. Increased Cos[Of Construction; (c)Marring or scratching. Paragraph B.1.above to produce the loss or (b)Suspension,lapse or cancellation of But if an excluded cause of loss that is listed in damage. any license,lease or contract.But if d. Business Income From Dependent Properties; Paragraphs(1)through(7)above results in a b. Acts Or Decisions the suspension,lapse or cancellation and "specified cause of loss"or building glass is directly caused by the suspension of e. Claim Data Expense. breakage,we will pay for the loss or damage Acts or decisions,including the failure to act or "operations",we will cover such loss caused by that"specified cause of loss"or decide,of any person,group,organization or that affects your Business Income 3. Building Limit—Automatic Increase building glass breakage. governmental body. during the"period of restoration"and a. In accordance with Paragraph CA.b.,the Limit any extension of the "period of of m. Errors Or Omissions c. Negligent Work restoration" in accordance with the Insurance for Buildings will automatically increase Faulty,inadequate or defective: terms of the Extended Business n four percent (4%), unless s Errors or omissions in: different percentage of annual increase is (1) Programming, (1)Planning,zoning,development,surveying, Income Additional Coverage. shown in the Declarations. as described processing or storing data,under"electronic data"or in siting; (2)Any other consequential loss. b. The amount of increase is calculated as any"computer"operations;or (2)Design, specifications, workmanship, b. With respect to this exclusion, suspension follows: repair, construction, renovation, remod- means: (2) Processing or copying"valuable papers (1)Multiply the Building limit that applied on sling,grading,compaction; the most recent of the policy inception and records". (1)The partial slowdown or complete cos- P Y P (3)Materials used in repair, construction, sation of your business activities;and date,the policy anniversary date,or any However,we will pay for direct physical loss or renovation or remodeling;or other policy change amending the Building damage caused by resulting fire or explosion if (2)That a part or all of the described premises limit by: these causes of loss would be covered by this (4)Maintenance; is rendered untenantable,if coverage for coverage form. of part or all of any property on or off the Business Income applies. (a)The percentage of annual increase described premises. shown in the Declarations,expressed n. Installation,Testing,Repair 6. Accounts Receivable Exclusion as a decimal(example:7%is.07);or Errors or deficient in design, installation, 4. Additional Exclusion The following additional exclusion applies to the Y 9 9 PP (b).04, if no percentage of annual in- testing,maintenance,modification or repair of The following applies only to the property specified Accounts Receivable Coverage Extension: crease is shown in the Declarations; your"computer"system including"electronic in this Additional Exclusion. and data". We will not pay for: PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 21 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 22 of 49 (2) Multiply the number calculated in accor- a. Money and Securities; (4)Take all reasonable steps to protect the 5. Loss Payment dance with b.(1)by the number of days b. Employee Dishonesty; Covered Property from further damage, In the event of loss or damage covered by this since the beginning of the current policy and keep a record of your expenses Policy: year,or the effective date of the most c. Outdoor Signs;and necessary to protect the Covered Prop- P y: recent policy change amending the d. Forgery or Alteration. arty,for consideration in the settlement of a. At our option,we will either: Building limit,divided by 365. the claim.This will not increase the Limits But this Optional Coverage Deductible will not of Insurance of SECTION I—PROPERTY. (1)Pay the value of lost or damaged property; Example: increase the Deductible shown in the Declarations. However, we will not pay for any (2)Pay the cost of repairing or replacing the If: This Deductible will be used to satisfy the subsequent loss or damage resulting from lost or damaged property; The applicable Building limit is$100,000. The requirements ofthe Deductiblein the Declarations. 9 P P Y: a cause of loss that is not a Covered annual percentage increase is 4%.The number of 3. No deductible applies to the following Additional Cause of Loss.Also,if feasible,set the (3)Take all or any part of the property at an days since the beginning of the policy year(or last Coverages: damaged property aside and in the best agreed or appraised value;or policy change)is 146. a. Fire Department Service Charge; possible order for examination. (4)Repair,rebuild or replace the property with The amount of increase is b. Business Income; (5)At our request,give us complete inven- other property of like kind and quality, tories of the damaged and undamaged subject to Paragraph d.(1)(e)below. $100,000 x.04 x 146.365=$1600. c. Extra Expense; property.Include quantities,costs,values 4. Business Personal Property Limit—Seasonal d. Civil Authority;and and amount of loss claimed. b. We will give notice of our intentions within thirty Increase (30)days after we receive the sworn proof of e. Fire Extinguisher Systems Recharge Expense. (6)As often as may be reasonably required, loss. a. Subject to Paragraph 5.b., the Limit of permit us to inspect the property proving Insurance for Business Personal Property is E. Property Loss Conditions the loss or damage and examine your c. We will not pay you more than your financial automatically increased by: 1. Abandonment books and records. interest in the Covered Property. (1)The Business Personal Property—Sea- There can be no abandonment of any property to Also permit us to take samples of dam- d. Except as provided in Paragraphs(2)through sonal Increase percentage shown in the us. aged and undamaged property for in- (7) below, we will determine the value of Declarations;or 2. Appraisal spection,testing and analysis,and permit Covered Property as follows: (2)Twenty-five percent(25%)if no Business us to make copies from your books and (1)At replacement cost without deduction for Personal Property—Seasonal Increase If we and you disagree on the amount of loss, records. depreciation,subject to the following: either may make written demand for an appraisal percentage is shown in the Declarations; (7)Send us a signed,sworn proof of loss of the loss.In this event,each party will select a containing the information we request to (a) If, at the time of loss,the Limit of to provide for seasonal variances. competent and impartial appraiser. The two investigate the claim.You must do this Insurance on the lost or damaged b. The increase described in Paragraph 5.a will appraisers will select an umpire.If they cannot roe is eighty percent 60% or g p within sixty(60)days after our request.We property rlY 9 ty P ( ) agree,either may request that selection be made more of the full replacement cost of apply only if the Limit of Insurance shown for will supply you with the necessary fortes. Business Personal Property in the Dec- by a judge of a court having jurisdiction.The the property immediately before the Iarations is at least one hundred percent appraisers will state separately the amount of loss. (8)Cooperate with us in the investigation or loss,we will pay the cost to repair or (100%)of your average monthly values during If they fail to agree, they will submit their settlement of the claim. replace, after application of the the lesser of: differences to the umpire.A decision agreed to by (9) Resume all or part of your"operations"as deductible and without deduction for any two will be binding.Each party will: quickly as possible. depreciation,but not more than the (1)The twelve (12) months immediately least of the followingamounts: preceding the date the loss or damage a. Pay its chosen appraiser;and b. We may examine any insured under oath, occurs;or b. Bear the other expenses of the appraisal and while not in the presence of any other insured (1) The Limit of Insurance under (2)The period of time you have been in umpire equally. and at such times as may be reasonably SECTION I—PROPERTY that business as of the date the loss or damage If there is an appraisal,we will still retain our right required, about any matter relating to this applies to the lost or damagedinsurance or the claim,including an insured's property; occurs. to deny the claim. books and records. In the event of an D. Deductibles 3. Duties In The Event Of Loss Or Damage examination,an insured's answers must be (ii)The cost to replace,on the same 1. We will not pay for loss or damage in any one a. You must see that the following are done in the signed. premises, the lost or damaged property with other property: occurrence until the amount of loss or damage event of loss or damage to Covered Property: 4. Legal Action Against Us exceeds the Deductible shown in the Declarations. (1)Notify the police if a law may have been No one may bring a legal action against us under 1. Of comparable material and We will then pay the amount of loss or damage in quality;and excess of the Deductible up to the applicable Limit broken. this insurance unless: of Insurance of SECTION I—PROPERTY. (2)Give us prompt notice of the loss or a. There has been full compliance with all of the ii. Used for the same purpose;or 2. Regardless of the amount of the Deductible,the damage. Include a description of the terms of this insurance;and (III)The amount that you actually most we will deduct from any loss or damage under property involved. b. The action is brought within two(2)years after spend that is necessary to repair all of the following Optional Coverages in any one (3)As soon as possible,give us a description the date on which the direct physical loss or or replace the lost or damaged occurrence is the Optional Coverage Deductible of how, when and where the loss or damage occurred. property. shown in the Declarations: damage occurred. PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 23 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 24 of 49 If a building is rebuilt at a new prem- (a)The cost to repair,rebuild or replace If your lease contains a renewal op- f. We may elect to defend you against suits ises,the cost is limited to the cost does not include the increased cost tion,the expiration of the renewal op- arising from claims of owners of property.We which would have been incurred had attributable to enforcement of any tion period will replace the expiration will do this at our expense. the building been built at the original ordinance or law regulating the con- of the lease in this procedure. premises. slmction,use or repair ofany property. (c) Nothing if others pay for repairs or g• We will pay for covered loss or damage within We (30)days after we receive the sworn (b)If,at the time of loss,the Limit of (2) If the Actual Cash Value—Buildings option replacement. proof of loss,provided you have complied with Insurance applicable to the lost or applies, as shown in the Declarations, (6)Applicable only to the Optional Coverages: all of the terms of this policy;and damaged property is less than eighty Paragraph(1)above does not apply to percent(80%)of the full replacement Buildings.Instead,we will determine the (a)"Money"at its face value;and (1)We have reached agreement with you on cost of the property immediately value of Buildings at actual cash value. (b)"Securities"at their value at the dose the amount of loss;or before the loss,we will pay the greater (3)The following property at actual cash of business on the day the loss is (2)An appraisal award has been made. of the following amounts,but not more value: discovered. than the Limit of Insurance thatapplies (a)Used or secondhand merchandise (7)Applicable only to Accounts Receivable: h. A party wall is a wall that separates and is common to the property: held in storage or for sale; to adjoining buildings that are owned by different (a)If you cannot accurately establish the parties.In settling covered losses involving a party (1) The actual cash value of the lost (b)Property of others. However, if an amount of accounts receivable out- wall,we will pay a proportion of the loss to the party or damaged property;or item(s)of personal property of others standing as of the time of loss or wall based on your interest in the wall in proportion is subject to a written contract which damage: to the interest of the owner of the adjoining (it)A proportion of the cost to repair governs your liability for loss or dam- (1) We will determine the total of the building.However,if you elect to repair or replace or replace the lost or damaged age to that item(s),then valuation of average monthly amounts of ac- your building and the owner of the adjoining property,after application of the that item(s) will be based on the counts receivable for the twelve building elects not to repair or replace that building, deductible and without deduction amount for which you are liable under (12)months immediately preced- we will pay you the full value of the loss to the party for depredation.This proportion such contract,but not to exceed the ing the month in which the loss or wall,subject to all applicable policy provisions in- will equal the ratio of the applica- lesser of the replacement cost of the damage occurs;and ble Limit of Insurance to eighty property or the applicable Limit of chiding Limits of Insurance and all other provisions percent(80%)of the cost of repair Insurance; (it)We will adjust that total for any of this Loss Payment Condition. Our payment or replacement. normal Fluctuations in the amount under the provisions of this paragraph does not P (c)Household contents,except personal of accounts receivable for the alter any right of subrogation we may have against c You may make a claim for loss or property in apartments or rooms fur- month in which the loss or darn an entity,() y nished b you as landlord; ni including the owner It insurer t of the the ad- damage covered by this insurance on y y age occurred or for any demon- joining building,and does not alter the terms of the an actual cash value basis instead of (d)Manuscripts;and strated variance from the average Transfer Of Rights Of Recovery Against Others To on a replacement cost basis.In the (a)Works of art,antiques or rare articles, for that month. Us Condition in this policy. event you elect to have loss or including etchings,pictures,statuary, (b)The following will be deducted from damage settled on an actual cash marble,bronzes,porcelain and brio-a- the total amount of accounts recehv- 6. Recovered Property value basis,you may still make a claim brac. able, however that amount is If either you or we recover any property after loss on a replacement cost basis if you (4)Glass at the cost of replacement with established: settlement,that party must give the other prompt notify us of your intent to do so within i The amount of the accounts for notice.At your option,you may retain the property. one hundred eighty(180)days after safety glazing material if required by law. () But then you must return to us the amount we aid the loss or damage. (5)Tenants'Improvements and Betterments which there is no loss or damage; to you for the property.We will pay recovery at: (it)The amount of the accounts that expenses and the expenses to repair the (d)We will not pay on a replacement cost you are able to reestablish or basis for any loss or damage: (a)Replacement cost"rf you make repairs collect; recovered property, subject to the Limits of promptly. Insurance of SECTION I—PROPERTY. (1) Until the lost or damaged property b A proportion of our original cost if you (Ili)An amount to allow for probable is actually repaired or replaced; () p p y bad debts that you are normally 7. Resumption Of Operations and do not make repairs promptly.We will unable to collect;and determine the propportionate value as We will reduce the amount of your: (u) p p Unless the repairs or replacement follows: (iv)All unearned interest and service charges. a. Business Income loss, other than Extra are made as soon as reasonably (1) Multiply the original cost by the Expense,to the extent you can resume your possible after the loss or damage. number of days from the loss or e. Our payment for loss of or damage to personal "operations",in whole or in part,by using However,if the cos[to repair or re- damage to the expiration of the property of others will only be for the account damaged or undamaged property(including lease;and of the owners of the property.We may adjust merchandise or stock) at the described place the damaged building property losses with the owners of lost or damaged is$2,500 or less,we will settle the loss (it)Divide the amount determined in property if other than you. If we pay the premises or elsewhere. according to the provisions of Para- (1)above by the number of days owners,such payments will satisfy your claims b. Extra Expense loss to the extent you can d.1 a and d.1 b above from the installation of improve- graphs ( not actual r against us for the owners'property.We will not return"operations"to normal and discontinue whether or not the actual repair or menu to the expiration of the pay the owners more than their financial such Extra Expense. replacement is complete. lease. interest in the Covered Property. PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 25 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 26 of 49 8. Vacancy F. Property General Conditions f. If we cancel this policy,we will give written b. In addition to the Limitations and Exclusions a. Description Of Terms 1. Control Of Property notice to the mortgageholder at least: applicable to SECTION I—PROPERTY,we (1)Ten(10)days before the effective date of will not pay for loss: (1)As used in this Vacancy Condition,the Any act or neglect of any person other than you cancellation if we cancel for your non- (1)Resulting from accounting or arithmetical term building and the term vacant have the beyond your direction or control will not affect this payment of premium;or errors or omissions; meanings set forth in Paragraphs(a)and insurance. (b)below: (2)Thirty(30)days before the effective date (2)Due to the giving or surrendering of The breach of any condition ofthis Coverage Form of cancellation if we cancel for any other property in any exchange or purchase;or (a)When this policy is issued to a tenant, at any one or more locations will not affect reason. and with respect to that tenant's coverage at any location where,at the time of loss (3)Of property contained in any"money"- interest in Covered Property,building or damage,the breach of condition does not exist. g. If we elect not to renew this policy,we will give operated device unless the amount of means the unit or suite rented or written notice to the mortgageholder at least "money"deposited in it is recorded by a leased to the tenant.Such building is 2. Mortgageholders ten(10)days before the expiration date of this continuous recording instrument in the vacant when it does not contain a. The term"mortgageholder"includes trustee. policy. device. enough business personal property to b. We will pay for covered loss of or damage to 3. No Benefit To Bailee c. The most we will pay for loss in any one conduct customary operations. buildings or structures to each mortgageholder No person or organization,other than you,having occurrence is: (b)When this policy is issued to the owner shown in the Declarations in their order of custody of Covered Property will benefit from this (1)The limit shown in the Declarations for or general lessee of a building, precedence,as interests may appear. insurance. Inside the Premises for "money" and building means the entire building. c. The mortgageholder has the right to receive 4. Policy Period,Coverage Territory "securities"while: Such building is vacant unless at least loss payment even if the mortgageholder has (a) In or on the described premises;or thirty-one percent(31%)of its total started foreclosure or similar action on the Under SECTION I—PROPERTY: square footage is: building or structure. a. We cover loss or damage commencing: (b)Within a bank or savings institution; and (1) Rented to a lessee or sublessee d. If we den our claim because of our acts or (1) During the policy period shown in the and used b the lessee or sub- y y Y Declarations;and (2)The limit shown i i the Declarations for Y because you have failed to comply with the lessee to conduct its customary terms of this policy,the mortgageholder will Outside s" Premises for"money"and P Yloss (2)Within the coverage territory or, with "securities"while anywhere else. operations;and/or still have the right to receive loss payment if respect to property in transit,while it is (it)Used by the building owner to the mortgageholder: between points in the coverage territory. d. All loss: conduct customary operations. (1) Pays any premium due underthis policy at b. The coverage territory is: (1)Caused by one or more persons;or () Building under construction or renovation (1)The United States of America(including its 2 s our request if you have failed to do so; (2) Involving a single act or series of related are not considered vacant. (2)Submits a signed, swam proof of loss territories and possessions); acts; b. Vacancy Provisions within sixty(60)days after receiving notice (2)Puerto Rico;and is considered one occurrence. from us of your failure to do so;and e. You must keep records of all"money"and has the building where loss or damage occurs (3)Canada. has been vacant for more than sixty60 (3)Has notified us of any change i owner- 'securities" we can verify the amount of any ( ) ship,occupancy or substantial change ange in G. Optional Coverages lossss or or damage. consecutive days before that loss or damage risk known to the mortgageholder. occurs: If shown as applicable in the Declarations,the following 2. Employee Dishonesty All of the terms of this policy will then apply Optional Coverages also apply.These coverages are a. We will pay for direct loss of or damage to (1)We will not pay for any loss or damage direct) to the mortgageholder. subject to the terms and conditions applicable to Y caused by any of the following even if they property coverage in this policy,except as provided Business Personal Property and"money"and "securities" resulting from dishonest acts are Covered Causes of Loss: e. If we pay the deny payment to for any loss or below. g damage and deny payment to you because of committed by any of your employees acting (a)Vandalism; youractsor becauseyou havefailed tocomply 1. Money And Securities alone orin collusion with otherpersons(except (b)Sprinkler leakage, unless you have with the terms of this policy: a. We will pay for loss of"money"and"securities" you or your partner)with the manifest intent to: protected the system against freezing; used in your business while at a bank or Cause you o sustain loss or damage;P Y 9 9; (1)The mortgageholder's rights under the 1()C t i l d e;and y g mortgage will be transferred to us to the savings institution,within your living quarters also (c)Building glass breakage; extent of the amount we pay;and or the living quarters of your partners or any (2)Obtain financial benefit(other than sale- (d)Water damage; employee having use and custody of the (2)The mortgageholder's right to recover the property, at the described premises, or in ries, commissions, fees, bonuses, pro- (e)Theft;or full amount of the mortgageholder's claim transit between any of these places,resulting motions,awards,profit sharing,pensions will not be impaired. directly from: or other employee benefits earned in the (f) Attempted theft. normal course of employment)for: At our option,we may pay to the mortgage- (1)Theft,meaning any act of stealing; a An employee;or (2)With respect to Covered Causes of Loss holder the whole principal on the mortgage () Y other than those listed in Paragraphs (2)Disappearance;or plus any accrued interest.In this event,your (b)Any other person or organization. (1)(a)through(1)(f)above,we will reduce mortgage and note will be transferred to us (3)Destruction. the amount we would otherwise pay forthe and you will pay your remaining mortgage debt b. We will not pay for loss or damage: loss or damage by fifteen percent(15%). to us. PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 27 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 28 of 49 (1) Resulting from any dishonest or criminal g. We will pay only for covered loss or damage (4)Any natural person who is a former 5. "Manager"means a person serving in a directorial act that you or any of your partners or sustained during the policy period and dis- employee, director, partner, member, capacity for a limited liability company. "members"commit whether acting alone covered no later than one year from the end of manager, representative or trustee re- g. "Member"means an owner of a limited liability or in collusion with other persons. the policy period. tained as a consultant while performing y 2 Resulting from an dishonest act com- h. If you(or any predecessor in interest)sus- services for you;or company represented by its membership interest, () 9 Y who also may serve as a"manager". miffed b an of our employees exce t tained loss or damage during the policy period y y Y (except (5)Any natural person who is i guest student as provided in Paragraph a.),"managers' of any prior insurance that you could have or intern pursuing studies or duties, 7• "Money"means: or directors: recovered under that insurance except that the excluding, however, any such person time within which to discover Ions or damage a. Currency,coins and bank notes in current use a Whether actin alone or in collusion while having care and custody of properly and having a face value;and () 9 had expired, we will pay for it under this 9 with other persons;or Optional Coverage,provided: outside any building you occupy in conducting your business. b. Travelers checks,register checks and money (b)While performing services for you or (1)This Optional Coverage became effective orders held for sale to the public. otherwise. at the time of cancellation or termination of But employee does not mean: the prior insurance;and 1 An a ent, broker, factor, commission B. "Operations" means your business activities (3)The only proof of which as to its existence () y g occurring at the described premises. or amount is: (2)The loss or damage would have been merchant, consignee, independent con- (a)An inventory computation;or covered by this Optional Coverage had it tractor or representative of the same 9. "Period of restoration": been in effect when the acts or events general character;or a. Means the period of time that: (b)A profit and loss computation. causing the loss or damage were com- (2)Any"manager",director or trustee except c. The most we will pay for loss or damage in any miffed or occurred. while performing acts coming within the (1)Begins: one occurrence is the Limit of Insurance for i. The insurance under Paragraph h.above is usual duties of an employee. (a) Immediately after the time of direct Employee Dishonesty shown in the part of,not in addition to,the Limit of Insurance Declarations. applying to this Optional Coverage and is H. Property Definitions physical loss or damage for Business :limited to the lesser of the amount recoverable Income Coverage unless a waiting d. All loss or damage: 1. "Computer"means period of time is shown in the under: 1 Caused b one or more persons;or a. Programmable electronic equipment that is Declarations;or () Y P (1)This Optional Coverage as of its effective (2) Involving a single actor series of acts; date;or ()Immediately used to store,retrieve and process data;and b after the time of direct is considered one occurrence. (2)The prior insurance had it remained in b. Associated peripheral equipment that provides physical loss or damage for Extra effect. communication, including input and output Expense Coverage; e. If any loss is covered: j. With respect to the Employee Dishonesty y functions such as printing and auxiliary caused b or resultingfrom any Covered (1) Partly by this insurance;and Optional Coverage in Paragraph such as data transmission.ph G.3., ern- Cause of Loss at the described premises; (2) Partly by any prior cancelled or terminated ployee means: "Computer"does notindude those used to operate and insurance that we or any affiliate had (1)Any natural person: production type machinery or equipment. (2)Ends on the earlier of: issued to you or any predecessor in 2. "Counterfeit money" means an imitation of interest; (a)While in your service or for thirty(30) (a)The date when the property at the days after termination of service; "money"that is intended to deceive and to be taken described premises should be re- the most we will pay is the larger of the amount as genuine. recoverable under this insurance or the prior (b)Who you compensate directly by paired,rebuilt or replaced with rea- r wages or commissions;and 3. "Electronic data" means information, facts or sonable speed and similar quality;or insurance. computer programs stored as or on,created or (c)Who you have the right to direct and b The date when business is resumed at We will pay only for loss or damage you control while performing services for used on, In transmitted m or from computer () P 9 anew permanent location. sustain through acts committed or events you; software (including systems and applications occurring during the policy period.Regardless software), on hard or floppy disks, CD-ROMs, b. Does not include any increased period of the number of years this policy remains in (2)Any natural person who is furnished tapes,drives,cells,data processing devices or any required due to the enforcement of any or- force or the number of premiums paid,no Limit temporarily to you: other repositories of computer software which are dinance or law that: of Insurance cumulates from year to year or (a)To substitute for a permanent ern- used with electronically controlled equipment.The period to period. ployee as defined in Paragraph(1) term computer programs, referred to in the (1)Regulates the construction,use or repair, above,who is on leave;or foregoing description of electronic data,means a or requires the tearing down of any f. This Optional Coverage is cancelled as to any set of related electronic instructions which direct property;or employee immediately upon discovery by: (b)To meet seasonal or short-term workload conditions; the operations and functions of a"computer'or (2)Requires any insured or others to test for, (1)You;or device connected to it, which enable the monitor,clean up,remove,contain,treat, (3)Any natural person who is leased to you "computer"or device to receive,process,store, (2)Any of your partners,"members", man- under a written agreement between you retrieve or send data. detoxify or neutralize, or in any way agers",officers or directors not in collusion and a labor leasing firm,to perform duties respond to or assess the effects of with the employee; related to the conduct of your business, 4. "Fungi" means any type or form of fungus, "pollutants". of any dishonest act committed by that em- but does not mean a temporary employee including mold or mildew,and any mycoloxins, The expiration date of this policy will not cut ployee before or after being hired by you. as defined in Paragraph(2)above; spores,scents or by-products produced or re- short the"period of restoration". leased by fungi. PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 29 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 30 of 49 10."Pollutants"means any solid,liquid,gaseous or a. Documents; (c) Prior to the policy period,no insured (a)All expenses we incur. thermal irritant or contaminant,including smoke, listed under Paragraph C.I.Who Is An vapor,soot,fumes,acids,alkalis,chemicals and b. Manuscripts;and Insured and no"employee"authorized (b)Up to$250 for cost of bail bonds waste.Waste includes materials to be recycled, c. Records; by you to give or receive notice of an required because of accidents or reconditioned or reclaimed. "occurrence"or claim,knew that the traffic law violations arising out of the including abstracts,books,deeds,drawings,films, "bodily injury"or"property damage" use of any vehicle to which Business 11."Securities"means negotiable and non-negotiable maps or mortgages. had occurred,in whole or in part.If Liability Coverage for"bodily injury" instruments or contracts representing either such a listed insured or authorized applies.We do not have to furnish "money"or other property and includes: But"valuable papers and records"does not mean "employee"knew,prior to the policy these bonds. "money"or"securities" period, that the "bodily or a. Tokens,tickets, revenue and other stamps . (whether represented by actual stamps or SECTION II—LABILITY "property damage"occurred,then any ()The cost of bonds to release attach- unused value in a meter)in current use;and continuation,change or resumption of ments, but only for bond amounts A. Coverages such "bodily injury" or "property within our Limit of Insurance.We do b. Evidences of debt issued in connection with damage" during or after the policy not have to furnish these bonds. credit or charge cards,which cards are not 1. Business Liability period will be deemed to have been issued by you; a. We will pay those sums that the insured known before the policy period. (d)All reasonable expenses incurred by but does not include"money". becomes legally obligated to a as damages the insured at our requester assist us y g y g pay g (2)To "personal and advertising injury" in the investigation or defense of the because of"bodily injury',"property damage" caused by an offense arising out of your 12."Specified causes of loss"means the following: claim or"suit including actual loss of or"personal and advertising injury"to which business, but only if the offense was earnings up too$250 a day because of Fire; lightning; explosion; windstorm or hail; this insurance applies.We will have the right committed in the "coverage territory" time off from work. smoke;aircraft or vehicles;riot or civil commotion; and duty to defend the insured against any during the policy period. vandalism; leakage from fire extinguishing "suit"seeking those damages.However,we c. "Bodily injury"or"property damage"which (a)All court costs taxed against the in- equipment; sinkhole collapse; volcanic action; will have no duty to defend the insured against occurs during the policy period and was not, sured in the"suit". However,these falling objects;weight of snow,ice or sleet;water any"suit"seeking damages for"bodily injury", prior to the policy period,known to have oc- payments do not include attorneys' damage. "property damage"or"personal and adver- curred by any insured listed under Paragraph fees or attorneys' expenses taxed a. Sinkhole collapse means the sudden sinking tising injury"to which this insurance does not C.I.Who Is An Insured or any"employee" against the insured. or collapse of land into underground empty apply.We may,at our discretion,investigate authorized by you to give or receive notice of spaces created by the action of water on any"occurrence"or any offense and settle any an "occurrence" or claim, includes any (f) Prejudgment interest awarded against limestone or dolomite.This cause of loss does claim or"suit"that may result.But: continuation,change or resumption of"bodily the insured on that part of the injury"policy olic or"property P ro period. PY e damage"after the end of judgment we pay.If we make an offer not include: (1)The amount we will pay for damages is the a the Limit of Insurance,we will . ge to (1)The cost of filling sinkholes;or limited as described in Paragraph D.— not pay any prejudgment interest Liability And Medical Expenses Limits its d. "Bodily injury"or"property damage"will be based on that period of time after the (2)Sinking or collapse of land into man-made Of Insurance in SECTION II—LIABILITY; deemed ar have been known to have occurred offer. underground cavities. and at the earliest time when any insured listed under Paragraph C.I.Who Is An Insured or All interest on the full amount of an b. Falling objects does not include loss of or (g) Y damage to: (2)Our right and duty to defend end when we any"employee"authorized by you to give or judgment that accrues after entry of have used up the applicable Limit of receive notice of an"occurrence"or claim: the judgment and before we have (1) Personal property in the open;or Insurance in the payment of judgments or (1)Reports all,or any part,of the"bodily paid,offered to pay,or deposited in (2)The interior of a building or structure,or settlements or medical expenses. injury"or"property damage"to us or any court the part of the judgment that is property inside a building or structure, No other obligation or liability to pay sums or other insurer; within our Limit of Insurance. unless the roof or an outside wall of the perform acts or services is covered unless 2 Receives a written or verbal demand or building or structure is first damaged by a () These payments will not reduce the limit of falling object. explicitly provided for under Paragraph claim for damages because of the"bodily liability. Coverage Extension — Supplementary injury"or"property damage";or c. Water damage means accidental discharge or Payments. (3) Becomes aware by any other means that (2) If we defend an insured against a"suit" leakage of water or steam as the direct result "bodily injury"or"property damage"has and an indemnitee of the insured is also of the breaking apart or cracking of any part of b. This insurance applies: occurred or has begun to occur. named as a party rtY to the"suit",we will a system or appliance(other than a sump (1)To"bodily injury"and"property damage" defend that indemnitee if all of the fol- system including its related equipment and only if: e. Damages because of"bodily injury"include lowing conditions are met: damages claimed by any person or organi- parts)containing water or steam. zation for care,loss of services or death re- a The "suit" against the indemnitee (a)The"bodily injury'or"property dam- () 9 13."Stock"means merchandise held in storage or for age"is caused by an"occurrence"that sulting at any time from the"bodily injury". seeks damages for which the insured sale, raw materials and in-process or finished takes place in the"coverage territory"; f. Coverage Extension — Supplementary has assumed the liability of the goods,including supplies used in their packing or Payments indemnitee in a contract or agreement shipping. (b)The"bodily injury"or"property dam- that is an"insured contract", age"occurs during the policy period; (1)We will pay,with respect to any claim we 14."Valuable papers and records"means inscribed, and investigate or settle,or any"suit"against (b)This insurance applies to such liability printed or written: an insured we defend: assumed by the insured; PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 31 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 32 of 49 (c)The obligation to defend,or the cost of deemed to be damages for"bodily injury" a. Expected Or Intended Injury d. Workers'Compensation And Similar Laws the defense of,that indemnitee,has and"property damage"and will not reduce "Bodily injury"or"property damage"expected Any obligation of the insured under a workers' also been assumed by the insured in the Limits of Insurance. or intended from the standpoint of the insured. compensation, disability benefits or un- the same"insured contrail"; Our obligation to defend an insured's in- This exclusion does not apply to"bodily injury" employment com compensation law or an similar 9 PPY Y�1 ry" P Y (d)The allegations in the"suit"and the demnitee and to pay for attorneys'fees resulting from the use of reasonable force to law. information we know about the"oc- and necessary lifigation expenses as protect persons or property. e. Employer's Liability cunence"are such that no conflict Supplementary Payments ends when: b. Contractual Liability appears to exist between the interests "Bodily injury"to: (a)We have used up the applicable Limit of the insured and the interests of the of Insurance in the payment of judg- "Bodily injury"or property damage"for which (1)An"employee"of the insured arising out of indemnitee; ments or settlements;or the insured obligated pay damages by and in the course of: (e)The indemnitee and the insured ask reason of the assumption of liability in a us to conduct and control the defense (b)The conditions set forth above,or the contract or agreement.This exclusion does not (a) Employment by the insured;or of that indemnitee against such"suit" terms of the agreement described in apply to liability for damages: (b)Performing duties related to the and agree that we can assign the Paragraph(2)(f)above are no longer (1)That the insured would have in the ab- conduct of the insured's business;or � same counsel to defend the insured sence of the contract or agreement;or (2)The spouse,child,parent,brother or sister and the indemnitee;and 2. Medical Expenses of that"employee"as a consequence of (2)Assumed in a contract or agreement that(f) Theindemnitee: a. We will pay medical expenses as described is an "insured contract", provided the Paragraph(1)above. (1) Agrees in writing to: below for"bodily injury"caused byanaccident: "bodily injury"or"property damage"occurs This exclusion applies: subsequent to the execution of the 1 Whether the insured may i. Cooperate with us in the in- (1)On premises you own or rent; () y liable as an contract or agreement. Solely for the employer or in an other capacity; fe se of th settlement or de- (2)On ways nextfo premises you own or rent; purposes of liability assumed in an"in- Y and fense of the"suit"; or sured contract",reasonable attorney fees (2)To any obligation to share damages with H. Immediately send us copies of and necessary litigation expenses in- or repay someone else who must pay any demands,notices,sum 13)Because of your operations; curred by or for a party other than an damages because of the injury. monses or legal papers re- provided that: insured are deemed to be damages be- This exclusion does not apply to liability as- ceived in connection with the m cause of "bodily injury" or "property sued by the insured under an "insured "suit"; la)The accident takes place in the dams a",provided:"coverage territory" and during the g p contract". !if. Notify any other insurer policy period; (a) Liability to such party for,or for the f. Pollution whose coverage is available cost of,that party's defense has also to the indemnitee;and (b)The expenses are incurred and re- been assumed in the same"insured (1)"Bodily injury" or "property damage" ported to nt one yearofthe date arising out of the actual, alleged or iv. Cooperate with us with re- of the accideident;;in and contract";and threatened discharge,dispersal,seepage, sped to coordinating other (b)Such attorney fees and litigation migration, release or escape of applicable insurance avail- (c)The injured person submits to ex- h f f f expenses are or defense o that a amination,al our expense,by physi- p party "pollutants": able[o the indemnitee;and against a civil or alternative dispute cians of our choice as often as we resolution proceeding in which dam- (a) to of from any premises, site or (if)Provides us with written aufhori- reasonably require. p g location which is or was at any time zafion to: ages to which this insurance applies owned or occupied by,or rented or b. We will make these payments regardless of are alleged. loaned to,an insured.However,this i. Obtain records and other fault.These payments will not exceed the y information related to the Limits of Insurance of SECTION II — c. Liquor Liability subparagraph does not apply to: "suit";and LIABILITY.We will pay reasonable expenses "Bodily injury"or"property damage"for which (1) "Bodily injury"if sustained within a H. Conduct and control the de- for: any insured may be held liable by reason of: building and caused by smoke, fense of the indemnitee in fumes,vapor or soot produced by such"suit". (1)First aid administered at the time of an (1)Causing or contributing to the intoxication or originating from equipment that accident; of any person; is used to heat,cool or dehumidify (3)So long as the conditions in Paragraph(2) (2)Necessary medical, surgical, x-ray and (2)The furnishing of alcoholic beverages to a the building,or equipment that is are met,attorneys'fees incurred by us in dental services,including prosthetic de- person under the legal drinking age or used to heat water for personal the defense of that indemnitee,necessary vices;and under the influence of alcohol;or use,by the building's occupants or litigation expenses incurred by us and their guests; necessary litigation expenses incurred by (3)Necessary ambulance, hospital, profes- (3)Any statute, ordinance or regulation the indemnitee at our request Will be paid sional nursing and funeral services. relating to the sale,gift,distribution or use (if)"Bodily injury"or"property dam- as Supplementary Payments. Notwith- of alcoholic beverages. age"for which you may be held B. Exclusions standing the provisions of Paragraph This exclusion applies only if you are in the t liable,if you are l contractor and B.1.b.(2) Exclusions in SECTION II— 1. Applicable To Business Liability Coverage he owner or lessee of such LIABILITY, such payments will not be business of manufacturing,distributing,sell- premises, site or location has This insurance does not apply to: ing,serving or furnishing alcoholic beverages. been added to your policy as an PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 33 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 34 of 49 additional insured with respect to fluids,or if such fuels,lubricants or g. Aircraft,Auto Or Watercraft (it)Air compressors, pumps and your ongoing operations per- other operating fluids are brought generators, including spraying, formed for that additional insured on or to the premises, site or "Bodily injury"or"property damage''arising out welding r , building cleaning, geo- at that premises,site or location location with the intent that they be of the ownership, maintenance, use or physical exploration,lighting and and such premises,site or loca- discharged,dispersed or released entrustment to others of any aircraft,"auto"or well servicing equipment. tion is not and never was owned as part of the operations being watercraft owned or operated by or rented or or occupied by, or rented or performed by such insured,con- loaned to any insured.Use includes operation In. Mobile Equipment loaned to,any insured,other than tractor or subcontractor; and"loading or unloading". "Bodily injury"or"property damage"arising out that additional insured;or " This exclusion applies even if the claims allege of: (it)"Bodily injury"or property dam- negligence or other wrongdoing in the (iii)"Bodily injury"or'property dam- age"sustained within a building9 9 (1)The transportation of"mobile equipment" age"arising out of heat,smoke or and caused by the release of supervision, hiring, employment,training or by an"auto"owned or operated by or fumes from a"hostile fire"; gases,fumes or vapors from ma- monitoring of others by an insured, if the rented or loaned to any insured;or terials brought into that building in "occurrence"which caused the"bodily injury' (b)At or from any premises, site or g g or"property damage"involved the ownership, (2)The use of"mobile equipment"in,or while connection with operations being in practice for,or while being prepared for, location which is in was at any time maintenance,use or entrustment to others of p g d p performed by you or on your be- an prearranged ratio used by ling,any insured disposal, pr for any aircraft,"auto"or watercraft that is owned Y P c 9.speed,demolition the handling,storage,disposal,proc- half by a contractor or subcon- or operated by or rented or loaned to any or stunting activity. essing or treatment of waste; tractor;or insured. i. War c Which are or were at an time trans- (Itt)'Bodily injury"or"property dam- () y This exclusion does not apply to: "Bodily injury","property damage"or"personal ported,handled,stored,treated,dis- age"arising out of heat,smoke or pp y and advertising injury", however caused, posed of,or processed as waste by or fumes from a"hostile fire". (1)A watercraft while ashore on premises you arising,directly or indirectly,out of: for (a)At or from any premises, site or own or rent; (1)War,including undeclared civil war; (1) Any insured;or location on which any insured or any (2)A watercraft you do not own that is: contractors or subcontractors working (2)Warlike action by a military force,including (it)Any person or organization for directly or indirectly on any insured's (a) Less than fifty-one(51)feet long;and action in hindering or defending against an whom you may be legally re- behalf are performing operations if the actual or expected attack,by any govern- sponsible;or operations are to test for, monitor, (b)Not being used to carry persons or ment,sovereign or other authority using (d)At or from any premises, site or clean up, remove, contain, treat, property for a charge; military personnel or other agents;or location on which any insured or any detoxify or neutralize,or in any way (3) Parking an"auto"on,or on the ways next (3) Insurrection,rebellion,revolution,usurp- contractors or subcontractors working respond to,or assess the effects of, to,premises you own or rent,provided the ed power,or action taken by government directly or indirectly on any insured's "pollutants". "auto"is not owned by or rented or loaned authority in hindering or defending against behalf are performing operations if the (2)Any loss,cost or expense arising out of to you or the insured; any of these. "pollutants"are brought on or to the premises, site or location in con- any. (4) Liability assumed under any "insured j. Professional Services nection with such operations by such (a) Request,demand,order or statutory contract"for the ownership,maintenance "Bodily injury","property damage"or"personal insured,contractor or subcontractor. or regulatory requirement that any or use of aircraft or watercraft;or and advertising injury"caused by the rendering However,this subparagraph does not insured or others lest for, monitor, (5)"Bodily injury" or "property damage" or failure to render any professional service. apply to: clean up,remove,contain,treat,de- arising out of: This includes but is not limited to: toxify or neutralize,or in any way re- (i) "Bodily injury"or"property parr~ (1)Legal,accounting or advertising services; age"arising out of the escape of spond to,or assess the effects of, (a)The operation of machinery or "pollutants";or equipment that is attached to,or part (2)Preparing,approving,or rafailing to prepare fuels,lubricants or other operating of, land vehicle that would qualify fluids which are needed to perform (b)Claim or"suit"by or on behalf of a approve maps, drawings, opinions, the normal electrical,hydraulic or governmental authorty for damages under r the definition of "mobile reports,surveys,change orders,designs mechanical functions necessary because of testing for, monitoring, equipment"if it were not subject it a or specifications; for the operation of"mobile equip- cleaning u removing, containing, compulsory or financial responsibility (3)Supervisory, inspection or engineering p q p" g p. g. g. law or other motor vehicle insurance p ry' p g g services; ment"or its parts,if such fuels, treating,detoxifying or neutralizing,or lubricants or other operating fluids in an wayresponding to, or as- or motor vehicle registration law where g y p g it is licensed or principally garaged;or (4)Medical,surgical,dental,x-ray or nursing escape from a vehicle part sessing the effects of,"pollutants". services treatment,advice or instruction; designed to hold,store or receive However,thisparagraph does not apply to (b)The operation of any of the following them. This exception does not machinery or equipment: (5)Any health or therapeutic service treat- the "bodily injury" or liability for damages because of"property ment,advice or instruction; apply if Cherry p "property e damage"that the insured would have in (1) ickers and similar devices p pe the g"arises out of the absence of such request,demand, mounted on automobile or truck (5)Any service, treatment, advice or in- the intentional discharge, dis- order or statutory or regulatory require- chassis and used to raise or lower struction for the purpose of appearance or persal or release of the fuels, skin enhancement, hair removal or re- lubricants or other operating mentor such claim or"suit"byoron behalf workers;and p g of a governmental authority. placement or personal grooming; PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 35 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 36 of 49 (7)Optometry or optical or hearing aid ser- Paragraph(2)of this exclusion does not apply if such product,work or property is withdrawn (9)Arising out of the actual, alleged or vices including the prescribing,prepara- if the premises are"yourwork"and were never or recalled from the market or from use by any threatened discharge,dispersal,seepage, tion,fitting,demonstration or distribution of occupied,rented or held for rental by you. person or organization because of a known or migration, release or escape of ophthalmic lenses and similar products or suspected defect,deficiency,inadequacy or "pollutants"at any time; hearing aid devices; Paragraphs d hs t a (4), liability and ss of this derex- dangerous condition in it. clusion do not apply to liability assumed under (10)With respect to any loss,cost or expense (8) Body piercing services;and a sidetrack agreement. p. Personal And Advertising Injury arising out of any: (9) Services in the practice of pharmacy. Paragraph(6)of this exclusion does not ap- "Personal and advertising injury": (a) Request,demand or order that any This exclusion applies even if the claims allege ply to "property damage" included in the (1)Caused by or at the direction of the insured insured or others test for, monitor, negligence or other wrongdoing in the "products-completed operations hazard". with the knowledge that the act would clean-up,remove,contain,treat,de- supervision, hiring, employment,training or violate the rights of another and would toxify or neutralize or in any way re- monitoring of others by an insured, if the I. Damage To Your Product inflict"personal and advertising injury"; spend to,or assess the effects of, "pollutants";or "occurrence"which caused the"bodily injury" "Property damage"to"your product"arising (2)Arising out of oral or written publication of or"property damage",or the offense which out of it or any part of it. material,if done by or at the direction of (b)Claim or"suit"by or on behalf of a caused the"personal and advertising injury", overnmental authorityfor damages involved the rendering or failure to render of m. Damage To Your Work the insured with knowledge of its falsity; because of testing for, moni[o ng, any professional service. "Property damage"to"your work"arising out (3)Arising out of oral or written publication of cleaning up, removing, containing, k. Damage To Property of it or any part of it and included in the material whose first publication took place treating,detoxifying or neutralizing or "products-completed operations hazard". before the beginning of the policy period; in any way responding to,or assess- "Property damage"[o: (4) For which the insured has assumed ing the effects of,"pollutants". 1 Property you own, rent or occupy, This exclusion does not apply if the damaged () p rty y py, in- liability in a contract or agreement.This 11 Arisin out of an electronic chatroom or work or the work out of which be damage ( ) 9 cluding any costs or expenses incurred by exclusion does not apply to liability for bulletin board the insured hosts,owns or you,or an other person,organization or arises was performed on your behalf by a damages that the insured would have in Y Y P 9 subcontractor. g over which the insured exercises control; entity,for repair,replacement,enhance- the absence of the contract or agreement; ment,restoration or maintenance of such n. Damage To Impaired Property Or Property (5)Arising out of a breach of contract,except (12)Arising out ofthe infringement of copyright, property for any reason, including Not Physically Injured an implied contract to use another's patent,trademark,trade secret or other prevention of injury to a person or damage advertising idea in your"advertisement"; intellectual property rights. Under this to another's property; "Property damage"to"impaired property"or exclusion,such other intellectual property (2) Premises you sell,give away or abandon, property that has not been physically injured, (6)Arising out ofthe failure of goods,products rights do not include the use of another's arising out of: or services to conform with any statement advertising idea in your"advertisement". if the"property damage"arises out of any of quality or performance made in your part of those premises; (1)A defect, deficiency, inadequacy or However,this exclusion does not apply to (3) Properly loaned to you; dangerous condition in"your product"or "advertisement"; infringement,in your"advertisement",of "your work";or (7)Arising out of the wrong description of the copyright,trade dress or slogan. (4) Personal property in the care,custody or price of goods,products or services stated control of the insured; (2)A delay or failure by you or anyone acting in your"advertisement", (13)Arising out of the unauthorized use of on your behalf to perform a contract or another's name or product in your email (5)That particular part of real property on agreement in accordance with its terms. (8)Committed by an insured whose business address,domain name or melalags,or which you or any contractor or subcon- is: any other similar tactics to mislead an- tractorworking directly or indirectly on your This exclusion does notapplyto theloss ofuse other's potential customers. behalf is performing operations, if the of other property arising out of sudden and (a)Advertising,broadcasting,publishing accidental physical injury to"your product"or or telecasting; q. Electronic Data "property damage" arises out of those P Y� 1 ry Y operations;or "your work"after it has been put to its intended (b)Designing or determining content of Damages arising out of the loss of,loss of use (6)That particular part of any property that use. websites for others;or g P y of, damage to, corruption of, inability to must be restored,repaired or replaced o. Recall Of Products, Work Or Impaired (c)An Internet search,access,content or access,or inability to manipulate electronic because "your work" was incorrectly Property service provider. data. performed on it. Damages claimed for any loss,cost or ex- However,this exclusion does not apply to As used in this exclusion, electronic data Paragraphs(1),(3)and(4)of this exclusion do pense incurred by you or others for the loss of Paragraphs 14.a.,b.and c.of"personal means information, facts or computer pro- not apply to"property damage"(other than use, withdrawal, recall, inspection, repair, and advertising injury"under Paragraph F. grams stored as or on,created or used on,or damage by fire)to premises,including the replacement,adjustment,removal or disposal Liability And Medical Expenses transmitted to or from computer software contents of such premises,rented to you for a of: Definitions. (including systems and applications software), period of seven or fewer consecutive days.A For the purposes of this exclusion,the on hard or floppy disks,CD-ROMs,tapes, P PP 9 placing of frames, borders or links, or separate Limit of Insurance applies to Damage (1)"Your product"; drives,cells,data processing devices or any To Premises Rented To You as described in (2)"Your work";or advertising,for you or others any-where on other repositories of computer software which are used with electronically controlled Paragraph D. Liability And Medical the Internet,by itself,is not considered the Expenses Limit Of Insurance in SECTION (3)"Impaired property"; business of advertising, broadcasting, equipment. The term computer programs, II—LIABILITY. publishing ortelecasting. referred to in the foregoing description of PPS 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 37 of 49 PPS 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 38 of 49 electronic data, means a set of related d. To a person,whether or not an"employee"of c. Under Business Liability Coverage, to such equipment or device is electronic instructions which direct the any insured,it benefits for the"bodily injury" "bodily injury"or"property damage"m- located consists of or contains operations and functions of a computer or are payable or must be provided under a sulting from the"hazardous properties"of more than twenty-five(25)grams device connected to it, which enable the workers'compensation or disability benefits the"nuclear material";if: of plutonium or uranium 233 or computer or device to receive,process,store, law or a similar law. (1)The"nuclear material": any combination thereof,or more retrieve or send data. than two hundred fifty(250)grams e. To a person injured while practicing, in- a Is at an nuclear facility'owned of uranium 235; r. Criminal Acts () Y" y' striding orparticipating in any physical s. by,or operated by or on behalf of, g "Personal and advertising injury"arising out of ercises or games,sports or athletic contests. (d)Any structure,basin,excavation, a criminal act committed by or at the direction an insured;or premises or place prepared or of the insured. f. Included within the "products-completed (b)Has been discharged or dispersed used for the storage or disposal of s. Recording And Distribution Of Material Or operations hazard". therefrom; "waste"; Information In Violation Of Law g• Excluded under Business Liability Coverage. (2)The"nuclear material"is contained in and includes the site on which any of "Bodily injury","property damage",or"per- 3. A licable To Both Business Liabili "spent fuel" or'Waste"at any time pos- the foregoing is located, all opera- PP ty sessed, handled, used, processed, lions conducted on such site and all sonal and advertising injury"arising directly or Coverage And Medical Expenses Coverage— stored,transported or disposed of by premises used for such operations; indirectly out of any action or omission that Nuclear Energy Liability Exclusion violates or is alleged to violate: or on behalf of an insured;or () 4 "Nuclear material" means "source (1)The Telephone Consumer Protection AG This insurance does not apply: (3)The "bodily injury" or "property material","special nuclear material"or damage"arises out of the furnishing addition to such law; injury"or"property damage": O Y PP"by-product material"; (TCPA),including any amendment of or a. Under Business Liability Coverage,to"bodily by an insured of services,materials, 5 "Nuclear reactor"means an a a - parts or equipment in connection with ralus designed or used to sustain (2)The CAN-SPAM Actof2003,including any (1)With respect to which an insured under the the planning, construction,maintem- nuclear fission in a self-supporting amendment of or addition to such law; policy is also an insured under a nuclear ance,operation or use of any"nuclear chain reaction or to contain a crifical (3)The Fair Credit Reporting Act(FCRA),and energy liability policy issued by the facility";but if such facility is located mass of fissionable material; any amendment of or addition to such law, Nuclear Energy Liability Insurance As- within the United States of America,its (6)"Property damage"includes all forms including the Fair and Accurate Credit sociation,Mutual Atomic Energy Liability territories or possessions or Canada, this Exclusion 3 applies only to of radioactive contamination of Transaction Act(FACTA);or Underwriters or Nuclear Insurance As- O PP Y property; (4)Any federal,state or local statute,ordi- sociation of Canada,or would be an in- "property damage"to such"nuclear nance or regulation,other than the TCPA, sured under any such policy but for its facility"and any property thereat. (7)"Source material"has the meaning termination upon exhaustion of its limit of d. As used in this exclusion: given it in the Atomic Energy Act of CAN-SPAM Act of2003 or FCRA and their liability;or y law amendatory amendments and additions, that ad- 1954 in an ry (1)"By-product material"has the meaning thereof;; dresses,prohibits,or limits the printing, (2)Resulting from the"hazardous properties" given it in the Atomic Energy Act of S "Special nuclear material" has the dissemination,disposal,collecting,record- of"nuclear material"and with respect to () P P 1954 or in any law amendatory ing,sending,transmitting,communicating which: thereof; meaning given it in the Atomic Energy or distribution of material or information. Act of 1954 or in any law amendatory (a)Any person or organization is required (2)"Hazardous properties"include radi- thereof; Exclusions E TI N f.,— h.,I IT I.,o n. to maintain financial protection pur- oactive,toxic or explosive properties; and o.in SECTION II—LIABILITY do not suant to the Atomic Energy Act of (9)"Spent fuel"means any fuel element apply to damage by fire to premises while 1954,or any law amendatorythereof; (3)"Nuclear facility"means: or fuel component, solid or liquid, rented to you,or temporarily occupied by you which has been used or exposed to m with permission of the owner.A separate Da - or (a)Any"nuclear reactor'; radiation in a"nuclear reactor"; age To Premises Rented To You Limit of (b)The insured is,or had this policy not (b)Any equipment or device de- (10)"Waste"means any waste material: Insurance applies to this coverage as de- been issued would be,entitled to in- signed or used for. scribed in Paragraph D.Liability And Medical demni from the United Stales of (a)Containing"by-product material" b ty (i) Separating the isotopes of other than the tailings or wastes Expenses Limits of Insurance in SECTION America,or any agency thereof,under uranium or plutonium; produced by the extraction or II—LIABILITY. any agreement entered into by the (if)Processing or utilizing"spent concentration of uranium or United States of America, or any 2. Applicable To Medical Expenses Coverage fuel";or thorium from any ore processed agency thereof,with any person or We will not pay expenses for"bodily injury": organization. (!it)Handling,processing or pack- primarily for its"source material" aging"waste"; content;and a. To any insured,except"volunteer workers'. b. Under Medical Expenses Coverage,to b. To a person hired to do work for or on behalf expenses incurred with respect to"bodily (c)Any equipment, device used for (b)Resulting from the operation by P the processing, fabricating or any person or organization of any of an insured or a tenant of an insured. injury"resulting from the"hazardous prop- "nuclear facility" included under Y Y alloying of"special nuclear matey- c. To a person inured on that art of remises of the of"nuclear material"and arising out !at"if at any time the total amount Paragraphs (a) and (b) of the P 1 P P of the operation of "nuclear fatality"by you own or rent that the person normally any person or organization. of such material in the custody of definition of"nuclear facility". occupies. the insured at the premises where PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 39 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 40 of 49 C. Who Is An Insured (c) For which there is any obligation to 2. The most we will pay for the sum of all damages The Limits of Insurance of SECTION II — 1. If you are designated in the Declarations as: share damages with or repay some- because of all: LIABILITY apply separately to each consecutive one else who must pay damages annual period and to any remaining period of less a. An individual,you and your spouse are in- because of the injury described in a. "Bodily injury","property damage"and medical than twelve (12) months, starting with the sureds,but only with respect to the conduct of Paragraph(a)or(b);or expenses arising out of any one"occurrence"; beginning of the policy period shown in the a business of which you are the sole owner. and Declarations,unless the policy period is extended (d)Arising out of his or her providing or period of less than b. A partnership or joint venture,you are an failing to provide professional health b. "Personal and advertising injury"sustained by after issuance for an additional P insured.Your members, your partners and care services. any one person or organization; twelve(12)months.In that case,the additional period will be deemed art of the last preceding their spouses are also insureds,but only with P P P 9 respect to the conduct of your business. (2)"Property damage"to property: is the Liability and Medical Expenses limit shown period for purposes of determining the Limits of c. A limited liability company,you are an insured. (a)Owned,occupied or used by, in the Declarations.But the most we will pay for all Insurance. Your members are also insureds,but only with medical expenses because of "bodily injury" E. Liability And Medical Expenses General respect to the conduct of your business.Your (b)Rented to,in the care,custody or con- sustained by any one person is the Medical Conditions managers are insureds,but only with respect trol of,or over which physical control Expenses limit shown in the Declarations. 1. Bankruptcy to their duties as your managers. is being exercised for any purpose by 3. The most we will pay under Business Liability Bankruptcy or insolvency of the insured or of the d. An organization other than a partnership,joint you,any of your"employees',"volunteer Coverage for damages because of "property insured's estate will not relieve us of our venture or limited liability company,you are an workers",any partner or member(if you damage"to a premises while rented to you or in obligations under this policy. insured.Your"executive officers"and directors are a partnership or joint venture),or any the case of fire while rented to you or temporarily are insureds,but only with respect to their member (if you are a limited liability occupied by you with permission of the owner is 2. Duties In The Event Of Occurrence,Offense, duties as your officers or directors. Your company). the applicable Damage To Premises Rented To Claim Or Suit stockholders are also insureds,but only with You limit shown for that premises in the Dec, a. You must see to it that we are notified as soon respect to their liability as stockholders. b. Any person(other than your"employee"or Iarations.For a premises temporarily occupied by as practicable of an"occurrence"or an offense "volunteer worker'),or any organization while you,the applicable limit will be the highest Damage which may result in a claim.To the extent e. A trust,you are an insured.Your trustees are acting as your real estate manager. To Premises Rented To You limit shown in the possible,notice should include: also insureds,but only with respect to their duties as trustees. c. Any person or organization having proper Declarations. (1)How,when and where the'occurrence"or temporary custody of your property if you die, offense took lace; 2. Each of the following is also an insured: but only: 4. Aggregate Limits P a. Your"volunteer workers"onlywhile performing The most we will a for: (2)The names and addresses of any injured (1)With respect to liability arising out of the pay persons and witnesses;and duties related to the conduct of your business, maintenance or use of that property;and or your"employees",other than either your a. All"bodily injury"and"property damage"that (3)The nature and location of any injury or "executive officers"(if you are an organization (2)Until your legal representative has been is included in the "products-completed damage arising out of the"occurrence"or other than a partnership, joint venture or appointed. operations hazard"is twice the Liability and offense. limited liability company)or your managers(if d. Your legal representative if you die,but only Medical Expenses limit. b. If a claim is made or"suit"is brought against you are a limited liability company),but only for with respect to duties as such.That re re- an insured,you must: acts within the scope of their employment by p P b. All: Y snder ve will have all your rights and duties 1 Immediate) r p you or while performing duties related to the () y record Me specifics of the conduct of your business.However,none of under this policy. (1)"Bodily injury" and "property damage" except damages because of"bodily injury" claim or"suit"and the date received;and these"employees"or"volunteer workers"are No person or organization is an insured with re- or "property damage" included in the (2)Notify us as soon as practicable. insureds for: spect to the conduct of any current or past part- "products-completed operations hazard"; You must see to it that we receive written 1 "Bodilyinjury" "personal and advertisingnership,joint venture or limited liability company () ry"or p that is not shown as a Named Insured in the 2 Plus medical expenses; notice of the claim or"suit"as soon as prac- injury': Declarations. () p ticable. (a)To you,to your partners or members (3) Plus all"personal and advertising injury" c. You and any other involved insured must: (if you are a partnership or joint van- D. Liability And Medical Expenses Limits Of caused by offenses committed; ture),to your members(if you are a Insurance (1) Immediately send us copies of any de- limited liability company),or to a co- 1. The Limits of Insurance of SECTION II — is twice the Liability and Medical Expenses limit. mands, notices, summonses or legal papers received in connection with the "employee"while in the course of his LIABILITY shown in the Declarations and the rules Subject to Paragraph a.or b.above,whichever claim or"suit"; or her employment or performing du- below fix the most we will pay regardless of the applies,the Damage To Premises Rented To You ties related to the conduct of your number of: Limit is the most we will pay for damages because (2)Authorize us to obtain records and other business,or to your other"volunteer of"property damage"to any one premises,while information; workers"while performing duties re- a. Insureds; lated to the conduct of our business; rented to you,or in the case of fire,while rented to y b. Claims made or"suits"brought;or you or temporarily occupied by you with permission (3)Cooperate with us in the investigation or (b)To the spouse,child,parent,brother of the owner. settlement of the claim or defense against Persons or organizations making daims or the"suit";and or sister of that co-"employee"as a c. consequence of Paragraph(a)above; bringing"suits". PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 41 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 42 of 49 (4)Assist us,upon our request,in the en- a. A land motor vehicle, trailer or semitrailer a. It incorporates"your product"or"your work" (b)Giving directions or instructions,or forcement of any right against any person designed for travel on public roads,including that is known or thought to be defective,de- failing to give them,if that is the pri- or organization that may be liable to the any attached machinery or equipment;or ficient,inadequate or dangerous;or mary cause of the injury or damage;or insured because of injury or damage to b. Any 1 other land vehicle that is subject to a b. You have failed to fulfill the terms of a contract which this insurance may also apply. (3)Under which the insured,if s architect, compulsory or financial responsibility law or or agreement; engineer or surveyor,assumes liability for d. No insured will,except at that insured's own other motor vehicle insurance or motor vehicle if such property can be restored to use by: an injury or damage arising out of the cost,voluntarily make a payment,assume any registration law where it is licensed or (1)The repair, replacement,adjustment or insured's rendering or failure to render obligation,or incur any expense,other than for principally garaged. removal of"your product"or"your work", professional services, including those first aid,without our consent. However, "auto" does not include "mobile or listed in Paragraph (2) above and su- 3. Legal Action Against Us equipment". (2)Your fulfilling the terms of the contract or perAsory, inspection or engineering No person or organization has a right under this 3. "Bodily injury"means bodily injury,sickness or agreement. services. p g disease sustained by a person,including death 9. "Insured contract"means: 10."Leased worker"means a person leased to you by policy: resultingfrom an of these al an time. a labor leasing firm under an agreement between Y Y a. th contract for lease n premises.However, you and the labor leasing firm,to perform duties a. To join us in a party dy or otherwise bring us into q, "Coverage territory"means: that portion of the contract for a lease of related to the conduct of your business."Leased a"suit"asking for damages from an insured;or premises that indemnifies any person or a. The United States of America(including its organization for damage by fire to premises worker"does not include a"temporary worker". b. To sue us on this policy unless all of its terms territories and possessions),Puerto Rico and while rented to you or temporarily occupied by 11."Loading or unloading"means the handling of have been fully complied with. Canada; you with permission of the owner is not an pp rInternational "insured contract"; A person or organization may sue us to recover on b. Inter national waters or airspace,but only if the a. After it is moved from the place where it is an agreed settlement or on a final judgment injury or damage occurs in the course of travel b. A sidetrack agreement; accepted for movement into or onto an aircraft, against an insured;but we will not be liable for or transportation between any places included c. Any easement or license agreement,except in watercraft or"auto"; damages that are not payable under the terms of in Paragraph a.above;or connection with construction or demolition this policy or that are in excess of the applicable o n or within fifty( )50 feet of a b. While it is in or on an aircraft,watercraft or g Limit of Insurance.Ana reed settlement means a c. All other parts damage arises ouutt the world if the injury or operations of: railroad; "auto";or settlement and release of liability signed by us,the d. An obligation,as required by ordinance,to c. While it is being moved from an aircraft, insured and the claimant or the claimant's legal (1)Goods or products made or sold by you in representative. the territory described in Paragraph a. indemnify a municipality,except in connection watercraft or"auto"to the place where it is above; with work for a municipality; finally delivered; 4. Separation Of Insureds (2)The activities of a person whose home is 9 or unloading"but e. An elevator maintenance agreement; "loading does not include the 9° Except with respect to the Limits of Insurance of in the territory described in Paragraph a. f. That part of any other contract or agreement movement of property by means of a mechanical SECTION II—LIABILITY,and any rights or duties above,but is away for a short time on your pertaining to your business (including an device,other than a hand truck,that is not attached specifically assigned in this policy to the first business;or indemnification of a municipality in connection to the aircraft,watercraft or"auto". Named Insured,this insurance applies: 12."Mob with work performed for a municipality)under "Mobile equipment"means any of the following (3)"Personal and advertising injury"offenses which you assume the tort liability of another ob of land vehicles,including attached a. As if each Named Insured were the only that take place through the Internet or party to pay for"bodily injury"or"property typesg any Named Insured;and similar electronic means of corn- damage"to a third person or organization.Tort machinery or equipment: munication; liability means a liability that would be imposed a. Bulldozers,farm machinery,forklifts and other b. Separately to each insured against whom by law in the absence of any contract or vehicles designed for use principally off public claim is made or"suit"is brought. provided the insured's responsibility to pay agreement. g p p y damages is determined in a"suit"on the merits in g roads; F. Liability And Medical Expenses Definitions the territory described in Paragraph a.above or in Paragraph f.does not include that part of any b. Vehicles maintained for use solely on or next 1. "Advertisement"means a notice that is broadcast a settlement we agree to. contract or agreement: to premises you own or rent; or published to the general public or specific 5. "Employee" includes a "leased worker". "Em- (1)That indemnifies a railroad for "bodily market segments about your goods,products or ployee"does not include a"temporary worker". injury"or"property damage"arising out of c. Vehicles that travel on crawler treads; services for the purpose of attracting customers or construction or demolition operations, d. Vehicles,whether self-propelled or not,on supporters.For the purposes of this definition: 6. "Executive officer"means a person holding any of within fifty(50)feet of any railroad property which are permanently mounted: the officer positions created by your charter, and affecting any railroad bridge or trestle, (1)Power cranes,shovels,loaders,diggers or a. Notices that are published include material constitution,bylaws or any other similar governing tracks, roadbeds, tunnel, underpass or placed on the Internet or on similar electronic document. crossing; drills;or means of communication;and 7, "Hostile fire" means one which becomes un- (2)That indemnifies an architect,engineer or (2)Road construction or resurfacing equip- b. Regarding websites,only that part of a website controllable or breaks out from where it was in- surveyor for injury or damage arising out ment such as graders,scrapers or rollers; that is about your goods,products or services tended to be. of: e. Vehicles not described in Paragraph a.,b.,c. for the purposes of attracting customers or 8. "Impaired property"means tangible property,other (a)Preparing, approving or failing to or d.above that are not self-propelled and are supporters is considered an advertisement. than"your product"or"your work",that cannot be prepare or approve maps,drawings, maintained primarily to provide mobility to 2. "Auto"means: used or is less useful because: opinions, reports, surveys, change permanently attached equipment of the orders,designs or specifications;or following types: PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 43 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 44 of 49 (1)Air compressors,pumps and generators, d. Oral or written publication,in any manner,of (1)The transportation of property,unless the a. Means: including spraying, welding, building material that slanders or libels a person or injury or damage arises out of a condition (1)Any goods or products,other than real cleaning,geophysical exploration,lighting organization or disparages a person's or or- in or on a vehicle not owned or operated and well servicingequipment;or anization's goods,products or services; b property, manufactured, sold, handled, g g p y you,and that condition was created by distributed or disposed of by: (2)Cherry pickers and similardevices used to e. Oral or written publication,in any manner,of the"loading or unloading"of that vehicle raise or lower workers; material that violates a person's right of by any insured;or (a)You; privacy; (2)The existence of tools, uninstalled (b)Others trading under your name;or f. Vehicles not described in Paragraph a.,b.,c. or d.above maintained primarily for purposes f. The use of another's advertising idea in your equipment or abandoned or unused (c)A person or organization whose busi- other than the transportation of persons or "advertisement";or materials. ness or assets you have acquired;and cargo. g. Infringing upon another's copyright, trade 17."Property damage"means: (2)Containers(other than vehicles), mate- However, self-propelled vehicles with the dress or slogan in your"advertisement". a. Physical injury to tangible property,including rials, parts or equipment furnished in all resulting loss of use of that roe All connection with such goods or products. following types of permanently attached 15."Pollutants"mean any solid,liquid,gaseous or g property.�' equipment are not"mobile equipment"but will thermal irritant or contaminant,including smoke, such loss of use shall be deemed to occur at b. Includes: be considered"autos": the time of the physical injury that caused it;or vapor,soot,fumes,acids,alkalis,chemicals and (1)Warranties or representations made at (1) Equipment designed primarily for: waste.Waste includes materials to be recycled, b. Loss of use of tangible property that is not anytimewith respect to the fitness,quality, reconditioned or reclaimed. physically injured.All such loss of use shall be durability, performance or use of"your (a)Snow removal; deemed to occur at the time of the "oc- product";and 16."Products-completed operations hazard": currence"that caused it. (b)Road maintenance,but not construc- (2)The providing of failure to provide lion or resurfacing;or a. Includes all "bodily injury" and "property For the purposes of this insurance,electronic data warnings or instructions. damage"occurring away from premises you is not tangible property (c)Street cleaning; own or rent and arising out of"your product"or 9 p P c. Does not include vending machines or other "your work"except: As used in this definition,electronic data means property rented to or located for the use of (2)Cherry pickers and similar devices information,facts or programs stored as,created others but not sold. mounted on automobile or truck chassis (1)Products that are still in your physical or used on,or transmitted to or from computer 22."Your work": and used to raise or lower workers;and possession;or software, including systems and applications 2 Work that has not et been completed or software,hard or floppy a. Means: (3)Air compressors,pumps and generators, () Y P ppy disks,CD-ROMs,tapes, including spraying, welding, building abandoned.However,"your work"will be drives,cells,data processing devices or any other (1)Work or operations performed by you or on cleaning,geophysical exploration,lighting deemed completed at the earliest of the media which are used with electronically controlled your behalf;and and well servicing equipment. following times: equipment. (2)Materials,parts or equipment furnished in However,"mobile equipment"does not include (a)When all of the work called for in your 18."Suit"means a civil proceeding in which damages connection with such work or operations. land vehicles that are subject to a compulsory contract has been completed. because of"bodily injury","property damage",or b. Includes: or financial responsibility law or other motor b When all of[he work to be done at the "personal and advertising injury"to which this motor () insurance applies are alleged."Suit"includes: (1)Warranties or representations made at vehicle insurance or motor vehicle registration job site has been completed if your anytimewith respect to the fitness,quality, law where they are licensed or principally ga- contract calls for work at more than a. An arbitration proceeding in which such durability, performance or use of"your raged.Land vehicles subject to a compulsory one job site. damages are claimed and to which the insured work";and or financial responsibility law or other motor must submit or does submit with our consent; vehicle insurance law or motor vehicle (c)When that part of the work done at the or (2)The providing of or failure to provide registration law are considered"autos". job site has been put to its intended warnings or instructions. use by any other person or trr or b. Any other alternative dispute resolution pro- SECTION III — COMMON POLICY CONDITIONS 13."Occurrence" means an accident, including lion other than another contractor or ceeding in which such damages are claimed continuous or repeated exposure to substantially subcontractor working on the same and to which the insured submits with our (APPLICABLE TO SECTION I — PROPERTY AND the same general harmful conditions. project. consent. SECTION II—LIABILITY) 14."Personal and advertising injury"means injury, Work that may need service,maintenance, 19."Temporary worker" means a person who is A. Cancellation including consequential"bodily injury",arising out correction,repair or replacement,but which is furnished to you to substitute for a permanent 1. The first Named Insured shown in the Declarations of one or more of the following offenses: otherwise complete, will be treated as "employee"on leave a to meet seasonal or short- may cancel this policy by mailing or delivering to us a. False arrest,detention or imprisonment; completed. term workload conditions. advance written notice of cancellation. The"bodily injury"or"property damage"must 20."Volunteer worker"means a person who is not your 2. We may cancel this policy by mailing or delivering b. Malicious prosecution; occur away from premises you own or rent, "employee",and who donates his or her work and to the first Named Insured written notice of c. The wrongful eviction from,wrongful entry into, unless your business includes the selling, acts at the direction of and within the scope of cancellation at least: or invasion of the right of private occupancy of handling or distribution of"your product"for duties determined by you,and is not paid a fee, a room,dwelling or premises that a person consumption on premises you own or rent. salary or other compensation by you or anyone a. Five(5)days before the effective date of can- occu occupies,committed b or on behalf of its else for their work performed for you. cellation if any one of the following conditions P Y b. Does not include"bodily injury"or"property exists at any building that is Covered Property owner,landlord or lessor; damage"arising out of: 21."Your product":9 9 P in this policy; PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 45 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 46 of 49 (1)The building has been vacant or unoc- 5. If this policy is cancelled,we will send the first 4. Paragraph 2.of this condition does not apply to any I. Premiums cupied sixty (60) or more consecutive Named Insured any premium refund due.If we inspections,surveys,reports or recommendations days.This does not apply to: cancel,the refund will be pro rate. If the first we may make relative to certification,under state 1. The first Named Insured shown in the (a)Seasonal unoccupancy;or Named Insured cancels,the refund may be less or municipal statutes,ordinances or regulations,of Declarations: than pro rats.The cancellation will be effective boilers,pressure vessels or elevators. a. Is responsible for the payment of all premiums; (b)Buildings in the course ofcons(ruction, even ifwe have not madeoroffered a refund. renovation or addition. F. Insurance Under Two Or More Coverages and 6. If notice is mailed,proof of mailing will be sufficient If two or more of this policy's coverages apply to the b. Will be the payee for any return premiums we Buildings with sixty-five percent(65%)or proof of notice. same loss or damage,we will not pay more than the pay, more of the rental units orfloorarea vacant B. Changes actual amount of the loss or damage. or unoccupied are considered unoccupied 2. The premium shown in the Declarations was under this provision. This policy contains all the agreements between you G. Liberalization computed based on rates in effect at the time the (2)After damage by a Covered Cause of and us concerning the insurance afforded.The first If we adopt any revision that would broaden the policy was issued.On each renewal,continuation Named Insured shown in the Declarations is coverage under this policy without additional premium Loss,permanent repairs to the building: 9 P Y P w anniversary of the effective date of this policy, authorized to make changes in the terms of this policy within forty-five 45 days Prior to or Burin the policy (a)Have not started,and with our consent.This policy's terms can be amended he ( ) Y P 9 P y our will compute the premium in accordance with period,the broadened coverage will immediately apply our rates and rules then in effect. or waived only by endorsement issued by us and made to this policy. (b)Have not been contracted for, P Y. within thirty a part of this policy. 3. With our consent,you may continue this policy in a (30)days of initial payment of N. Other Insurance C. Concealment,Misrepresentation Or Fraud force by paying a continuation premium for each loss. 1. For SECTION I PROPERTY,A.Coverage,if successive one year period.The premium must be: This policy is void in any case of fraud by you as it there is other insurance covering the same loss or (3)The building has: relates to this policy at any time.It is also void if you or damage,we will pay onlyfor the amount of covered a. Paid to us prior to the anniversary date;and (a)An outstanding order to vacate; any other insured,at any time,intentionally conceal or loss or damage in excess of the amount due from (b)An outstanding demolition order;or misrepresent a material fact concerning: that other insurance,whether you can collect on it b above.etermfined in accordance with Paragraph 2. (c)Been declared unsafe by govern- 1. This policy; or not.But we will not pay more than the applicable mental authority. 2. The Covered Property; Limit of Insurance of SECTION I—PROPERTY. Our forms then in effect will apply.If you do not pay 2. For SECTION II—Liability,A.Coverages: the continuation premium,this policy will expire on (4) Fixed and salvageable items have been or 3. Your interest in the Covered Property;or the first anniversary date thalwe have not received are being removed from the building and 4. A claim under this policy. a. Except for coverage purchased specifically to the premium. are not being replaced. This does not apply in excess of the applicable Limits of D. Examination Of Your Books And Records Insurance of Business Liability Coverage and 4. Undeclared exposures or change in our business apply nt such removal that is necessary or ty g po g y incidental to any renovation or remodeling. We may examine and audit your books and records as which lists this policy in its schedule of un- operation, acquisition or use of locations may they relate to this policy at any time during the policy derlying insurance,Business Liability Cover- occur during the policy period that are not shown (5) Failure to: period and up to three(3)years afterward. age available to any person or entity qualifying in the Declarations. If so,we may require an (a)Furnish necessary heat,water,sewer E. Inspections And Surveys as an insured or additional insured under the additional premium. That premium will be service or electricity for thirty (30) Business Liability Coverage is excess over any determined in accordance with our rates and rules consecutive days or more, except 1. We have the right to: other insurance or self-insurance, whether then in effect. during a period of seasonal unoccu- a. Make inspections and surveys at any time; primary,umbrella,excess,contingent,or on premium Audit pancy;or b. Give you reports on the conditions we find;and any other basis including insurance available as an additional insured unless this coverage 1. This policy is subject to audit if a premium (b)Pay property taxes that are owing and c. Recommend changes. is written to provide primary,non-contributory designated as an advance premium is shown in the have been outstanding for more than 2• We are not obligated to make an inspections, coverage for such additional insured. one year following the date due, g y ins PDeclarations.We will compute the final premium except that this provision will not apply surveys, reports or recommendations and any b. When this insurance is excess,we will have no due when we determine your actual exposures. such actions we do undertake relate only to in- du under Business Liability Coverage to where you are in a bona fide dispute surability and the premiums to be charged.We do duty y e 2. Premium shown in this policy as advance premium with the fazing authority regarding not make safety inspections.We do not undertake defend any claim.If for which there may is a deposit premium only.At the close of each payment of such taxes. to perform the duty of any person or organization be other insurance.If no other insurer defends, audit period we will compute the earned premium we will defend subject to any claim we or any for that period and send notice to the first Named b. Ten(10)days before the effective date of to provide for the health or safety of workers or the P cancellation if we cancel for nonpayment of person al entity qualifying as an insured or Insured.The due date for audit r public.And we do not warrant that conditions: premiums is the additional insured under this Business Liability date shown as the due date on the bill.If the sum premium. a. Are safe and healthful;or Coverage may have against any insurer or c. Thirty30 days before the effective date of entity. of the advance and audit premiums paid for the ( ) Y b. Comply with laws, regulations, codes or policy period is greater than the earned premium, cancellation if we cancel for any other reason. standards. 3. When this insurance is excess,we will have no we will return the excess to the first Named 3. We will mail or deliver our noticeto the first Named 3. Paragraphs 1.and 2.of this condition apply not duty under Business Liability Coverage to defend Insured. Insured's last mailing address known to us. only to us,but also to any rating,advisory,rate any claim or"suit"that any other insurer has a duty 4. Notice of cancellation will slate the effective date service or similar organization which makes in- to defend. If no other insurer defends,we will 3. The first Named Insured must keep records of the of cancellation.The policy period will end on that sumnce inspections, surveys, reports or rec- undertake to do so,but we will be entitled to the information we need for premium computation,and date. omance inspections, insured's rights against all those other insurers. send us copies at such times as we may request. PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 47 of 49 PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 48 of 49 K. Transfer Of Rights Of Recovery Against Others To You may also accept the usual bills of lading or us shipping receipts limiting the liability of carders. 1. Applicable to Businessowners Property Coverage: This will not restrict your insurance. If any person or organization to or for whom we 2. Applicable to Businessowners Liability Coverage: make payment under this policy has rights to If the insured has rights to recover all or part of any recover damages from another,those rights are payment we have made under this policy,those transferred to us to the extent of our payment.That rights are transferred to us.The insured must do person or organization must do everything nothing after loss to impair them.At our request, necessary to secure our rights and must do nothing the insured will bring"suit"or transfer those rights after loss to impair them.But you may waive your to us and help us enforce them.This condition rights against another party in writing: does not apply to Medical Expenses Coverage. a. Prior to a loss to your Covered Property. L. Transfer Of Your Rights And Duties Under This b. After a loss to your Covered Property only if,at Policy time of loss,that party is one of the following: Your rights and duties under this policy may not be (1)Someone insured by this insurance; transferred without our written consent except in the (2)A business firm: case of death of an individual Named Insured. (a)Owned or controlled by you;or If you die,your rights and duties will be transferred to your legal representative but only while acting within (b)That owns or controls you;or the scope of duties as your legal representative.Until (3)Your tenant. your legal representative is appointed,anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. PPB 10101 22 Contains copyrighted material of Insurance Services Office,Inc. Page 49 of 49 Policy Number:CKB0200201 Contractors Bonding and Insurance Company COMMERCIAL EXCESS LIABILITY COVERAGE FORM (Occurrence Form) Various provisions in this policy restrict coverage. Read the proceeding which, in our opinion, may create entire policy carefully to determine rights, duties and what liability under the terms of this policy. If we assume is and is not covered. such right and opportunity,we shall not continue to Throughout this policy the words "you" and "your" refer to defend or participate in the defense of any claim or the"Named Insured"shown in the Declarations.The words suit after the applicable limit of liability of this policy "we," "us" and "our" refer to the Company providing this has been exhausted. insurance. 2. We shall not pay any expenses except asfollows: The word "insured" means any person or organization a. If the insured is legally liable for interest which qualifying as an insured person under the terms of the accrues on a judgment after the entry of the underlying insurance. judgment and before we have paid, offered to pay, or deposited in court the amount of the Other words and phrases that appear in bold print have judgment to which this policy applies, then we special meaning. Refer to SECTION II— DEFINITIONS. will pay the interest on the amount of the In consideration of the payment of premium, in reliance judgment to which this policy applies. upon the statements in the Declarations and Schedule of b. If an expense is incurred directly by us and Underlying Insurance which are made a part of this policy, solely at our discretion, then we will pay such and subject to the terms, conditions and exclusions of this expense. policy we agree with you as follows: c. If a payment for damages is made under this SECTION I— INSURING AGREEMENT policy, then we will pay related prejudgment interest for which the insured is legally liable, A. Coverage provided: Subject to the other provisions of this policy,we will pay (1) The underlying insurance pays pre- on behalf of the insured the insured's ultimate net judgment interest; and loss if such loss results from an occurrence insured (2) Our share of prejudgment interest shall not by underlying insurance. However, the insurance exceed the proportion that payment for afforded by this policy shall apply: (a) only in excess of damages under this policy bears to the the underlying insurance; (b) only after the under- total damages determined by final lying insurance has been exhausted by payment of judgment or settlement. the limits of liability of such insurance; and (c) only if caused by an occurrence which takes place duringthe 3. Subject to all of the foregoing: policy period and in the coverage territory as defined in a. If the defense expense payments are included the underlying insurance. If the underlying insur- within the limit of liability of the underlying ance does not pay a loss, for reasons other than insurance by the terms of that policy,then any exhaustion of an aggregate limit of liability, then we such expense payment we make shall reduce shall not pay such loss. the limit of liability of this policy. This policy, except where provisions to the contrary b. If the underlying insurance does not include appear herein, is subject to all of the conditions, defense expense payments within its limit of agreements, exclusions, endorsements and limitations liability by the terms of that policy, then any of and shall follow the underlying insurance in all such expense payment we make shall not respects. reduce the limit of liability of this policy. B. Defense And Expense Of Claims And Suits C. Limits Of Liability 1. We shall not be obligated to assume charge of or 1. The limit of liability stated in the Declarations as participate in the settlement or defense of any applicable to each occurrence shall be the total claim made, or suit brought, or proceedings limit of our liability for all ultimate net loss instituted against the insured. However, we shall sustained by any one person or as the result of any have the right and opportunity to be associated one occurrence as applied to the appropriate with the insured in the defense of any claim, suit or coverage. CBX 101 05 18 Page 1 of 6 2. Subject to the limit of liability for each occurrence: (2) Being transported or towed by an a. The limit of liability stated in the Declarations automobile; as general aggregate is the most we will pay (3) Otherwise in the course of transit by or on during each policy period for all ultimate net behalf of an insured; loss, except ultimate net loss because of injury and damage included in the products- (4) Being stored, disposed of, treated or completed operations hazard or for covered processed in or upon an automobile; or claims involving automobile liability; and (5) Being moved from an automobile to the b. The limit of liability stated in the Declarations place where such property or pollutants as products-completed operations aggregate are finally delivered, disposed of or is the most we will pay during each policy abandoned by an insured; period for all ultimate net loss because of b. At or from any premises, site or location which injury and damage included in the products- is or was at any time, owned or occupied by, completed operations hazard. or rented or loaned to, any insured; 3. This insurance shall apply only as excess of the c. At or from any premises, site or location which underlying insurance limits of liability shown in is or was at any time used by or for any insured the Declarations. However, if the limit of liability of or others for the handling, storage, disposal, the underlying insurance shown in the Declara- processing or treatment of waste; tions has been reduced or exhausted because of payments for an occurrence which took place d. Which are or were at any time transported, during our policy period, then this policy shall apply handled, stored, treated, disposed of, or as excess of such reduced limit of liability of the processed as waste by or for any insured or underlying insurance. any person or organization for whom any SECTION II— DEFINITIONS insured may be legally responsible;or A. Ultimate net loss means all sums actually paid, or e. At or from any premises, site or location on which the insured is legally obligated to pay, as which any insured or any contractors or sub- damages in settlement or satisfaction of claims or suits contractors working directly or indirectly on any for which insurance is afforded under this policy, after insured's behalf are performing operations; proper deduction for all recoveries or salvage. (1) If the pollutants are brought on or to the Ultimate net loss shall include defense expense premises, site or location in connection payments made by the insurer of the underlying with such operations by such insured, insurance, provided that such expenses are included contractor or subcontractor; or within the limit of insurance of the underlying (2) If the operations are to test for, monitor, insurance by the terms of that policy. clean up, remove, contain, treat, detoxify B. Underlying insurance means the policy or policies of or neutralize or in any way respond to, or insurance in the Schedule of Underlying Insurance. assess the effects of pollutants. SECTION III— EXCLUSIONS Paragraphs 1.a.(4) and 1.b. through 1.e. abovedo not apply to fuels, lubricants,fluids, exhaust gases Regardless of whether or not such coverage is afforded by or other similar pollutants that are needed for or any underlying insurance, this policy does not apply: result from the normal electrical, hydraulic or A. Pollution mechanical functioning of an automobile or its 1. Advertising injury, bodily injury, personal injury or parts, if the pollutants escape, seep or migrate or property damage arising out of the actual, alleged are discharged, dispersed or released directly from or threatened discharge, dispersal, seepage, mi- an auto part designed by its manufacturer to hold, gration, release or escape of pollutants: store, receive or dispose of such pollutants. a. That are, or that are contained in any property Paragraphs 1.b. through 1.e. above do not apply that is: to pollutants not in or upon an automobile if: (1) Being moved from the place where such a. The pollutants or any property in which the property or pollutants are accepted by an pollutants are contained are upset,overturned insured for movement into or onto an or damaged as a result of the maintenance or automobile; use of an automobile; CBX 101 05 18 Page 2 of 6 b. The discharge, dispersal, seepage, migration, a. With respect to which an insured under this release or escape of the pollutants is caused policy is also an insured under a nuclearener- directly by such upset, overturn or damage; gy liability policy issued by Nuclear Energy and Liability Insurance Association, Mutual Atomic c. The bodily injury or property damage is not Energy Liability Underwriters or Nuclearinsur- otherwise excluded under Paragraph 1.a. of ance Association of Canada, or would be an this exclusion. insured under any such policy but for its termination upon exhaustion of its limit of Paragraph 1.e.(1) above does not apply to bodily liability; or injury or property damage arising out of the escape of fuels, lubricants or other operating fluids which b. Resulting from the hazardous properties of are needed to perform the normal electrical, nuclear material and with respect to which (a) hydraulic or mechanical functions necessary for any person or organization is required to the operation of mobile equipment or its parts, if maintain financial protection pursuant to the such fuels, lubricants or other operating fluids Atomic Energy Act of 1954, or any law escape from a vehicle part designed to hold, store amendatory thereof, or (b) the insured is, or or receive them. This exception does not apply if had this policy not been issued would be, entitled to indemnity from the United States of the fuels, lubricants or other operating fluids are America, or any agency thereof, under any intentionally discharged, dispersed or released, or if such fuels, lubricants or other operating fluids are agreement entered into by the United States of America, or any agency thereof, with any brought on or to the premises, site or location with the intent to be discharged, dispersed or released person or organization. as part of the operations being performed by such 2. Under any Medical Payment Coverage, or under insured, contractor or subcontractor. any Supplementary Payments provision relatingto Paragraphs 1.b. and 1.e.(1) above do not apply to first aid, to expenses incurred with respect to bodily injury or property damage arising out of ultimate net loss resulting from the hazardous heat, smoke or fumes from a hostile fire. properties of nuclear material and arising out of the operation of a nuclear facility by any person or 2. Any loss, cost or expense arising out of any: organization; a. Request, demand or order that any insured or 3. Under any Liability Coverage, to ultimate net loss others test for, monitor, clean up, remove, resulting from the hazardous properties of nuclear contain, treat, detoxify or neutralize, or in any material, if: way respond to, or assess the effects of pollutants; or a. The nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf b. Claim or suit by or on behalf of any gov- of, an insured, or (b) has been discharged or ernmental authority or others for damages dispersed therefrom; because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or b. The nuclear material is contained in spent fuel neutralizing, or in any way responding to, or or waste at any time possessed, handled, assessing the effects of pollutants. used, processed, stored, transported or dis- As used in this exclusion: posed of by or on behalf of an insured; or 1. Hostile fire means one which becomes uncon- c. The loss arises out of the furnishing by an trollable or breaks out from where it was intended insured of services, materials, parts or to be; and equipment in connection with the planning, construction, maintenance, operation or use of 2. Pollutants means any solid, liquid, gaseous or any nuclear facility. If such facility is located thermal irritant or contaminant, including smoke, within the United States of America, its vapor, soot, fumes, acids, alkalis, chemicals and territories or possessions or Canada, this waste. Waste includes materials to be recycled, Exclusion 3. applies only to ultimate net loss reconditioned, reclaimed or disposed of. to such nuclear facility and any property B. Nuclear Energy Liability Exclusion (Broad Form) thereat. This policy does not apply: As used in this policy: 1. Under any Liability Coverage, to ultimate net Hazardous properties include radioactive, toxic or loss: explosive properties; CBX 101 05 18 Page 3 of 6 Nuclear material means source material, special SECTION IV—CONDITIONS nuclear material or by-product material; A. Appeal — In the event you or any underlying insurer Source material, special nuclear material and by- elect not to appeal a judgment in excess of the amount product material have the meanings given them in the of any underlying insurance, we may elect to appeal. Atomic Energy Act of 1954 or in any law amendatory Our limit of liability shall not be increased because of thereof; such appeal. Any appeal we elect to make will be at Spent fuel means any fuel element or fuel component, our cost and expense. solid or liquid, which has been used or exposed to B. Assignment — Your interest in this policy may not be radiation in a nuclear reactor; transferred to another; except by an endorsement Waste means any waste material (1) containing by- issued by us which gives our consent. If you die, this product material other than the tailings or waste policy shall apply: (1) to your legal representative, but produced by the extraction or concentration of uranium only while acting within the scope of their duties as or thorium from any ore processed primarily for its such; and (2) with respect to your property, to the source material content, and (2) resulting from the person having proper temporary custody as an operation by any person or organization of any nuclear insured, but only until the appointment and qualification facility included within the definition of nuclear facility of the legal representative. under Paragraph (a) or(b)thereof; C. Changes — This policy may be changed only by an Nuclear facility means: endorsement issued to form a part of the policy. Notice to you or to our agent or knowledge possessed by us, (a) Any nuclear reactor; by our agent or by any other person shall not affect a (b) Any equipment or device designed or used for: (1) waiver or a change in any part of this policy. Nor will separating the isotopes of uranium or plutonium, such notice or knowledge prevent us from asserting (2) processing or utilizing spent fuel, or (3) any right under the terms of this policy. handling, processing or packaging waste; D. Cancellation (c) Any equipment or device used for the processing, 1. The first Named Insured shown in the Declarations fabricating or alloying of special nuclear material if may cancel this policy by mailing or delivering to us at any time the total amount of such material in the or any of our authorized agents advance written custody of the insured at the premises wheresuch notice of cancellation. equipment or device is located consists of or con- tains more than 25 grams of plutonium or uranium 2. We may cancel this policy by mailing or delivering 233 or any combination thereof, or more than 250 to the first Named Insured written notice of can- grams of uranium 235; cellation at least: (d) Any structure, basin, excavation, premises or a. Ten (10)days before the effective date of can- place prepared or used for the storage or disposal cellation if we cancel for nonpayment of of waste; premium; or And includes the site on which any of the foregoing b. Thirty (30) days before the effective date of is located, all operations conducted on such site cancellation if we cancel for any other reason. and all premises used for such operations; 3. We will mail or deliver our notice to the first Named Nuclear reactor means any apparatus designed or Insured's last mailing address known to us. used to sustain nuclear fission in a self-supporting 4. Notice of cancellation will state the effective date chain reaction or to contain a critical mass of of cancellation. The policy period will end on that fissionable material; date. Ultimate net loss includes all forms of radioactive 5. If this policy is cancelled, we will send the first contamination of property. Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first C. Workers' Compensation And Similar Laws Named Insured cancels, the refund will be This policy does not apply: computed at ninety percent(90%)of pro rata. The cancellation will be effective even if we have not To any obligation of the insured under a workers' made or offered a refund. compensation, disability benefits or unemployment compensation law or any similar law. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. CBX 101 05 18 Page 4 of 6 E. Duties In The Event Of Occurrence, Claim Or Suit H. Premium — Premiums for this policy shall be stated in the Declarations and computed in accordance with our You must see to it that we receive prompt written notice rules, rates, rating plans, premiums, and minimum of an occurrence which may result in a claim under this premiums applicable to this insurance. If this policy is policy. Notice should include how, when and where the issued for a period in excess of one year, the premium occurrence took place. The names and addresses of for this policy may be revised on each annual any injured persons and witnesses must be included. anni- versary. Any such revision will be in accordance with If a claim is made or suit brought against any insured, our manuals in effect at that time. you must see to it that we receive prompt written notice If the policy is issued on a non-auditable basis, the Flat of the claim or suit. Rate Premium becomes the policy premium. You and any other insured involved must: If the policy is issued on an auditable basis, the 1. Immediately send us copies of any demands, premium designated on the Declarations page as Ad- notices, summonses or legal papers received in vance Premium shall be credited to the amount of connection with the claim or suit; earned premium due at the end of the policy period. At 2. Authorize us to obtain records and other the close of each audit period, the earned premium information; shall be computed for such period. Upon notice to you, it shall become due and payable. If the total earned 3. Cooperate with us in the investigation, settlement, premium exceeds the Advance Premium previously or defense of the claim or suit; and paid, the amount by which the earned premium ex- 4. Assist us, upon our request, in the enforcement of ceeds the Advance Premium shall be due and payable any right against any person or organization which to us by you. In no case shall the earned premium be may be liable to the insured because of injury or less than the Minimum Premium shown on the damage to which this insurance may also apply. Declarations page. It is a requirement of this policy that you do not make You shall maintain records of such information as is any admission of liability. You shall not, unless we necessary for premium computation. You shall send agree, incur any expense or make any payment.If you copies of such records to us at the end of this policy do, such liability, expense or payment will be at your period. You shall also send us copies of such records own cost. at such times during the policy period as we may direct. F. Bankruptcy Of The Underlying Insurer—In the event I. Legal Action Against Us — No legal action shall be of the bankruptcy or insolvency of the insurer of any brought against us unless the insured has fully com- underlying insurance, the insurance afforded by this plied with all terms of this policy. In addition, no legal policy shall not replace such underlying insurance. action shall be brought against us until the amount of Rather, this policy shall apply in the same manner as the insured's obligation to pay has been finally deter- though such underlying insurance were available mined. The insured's obligation to pay must be finally and collectible. determined either by judgment against the insured G. Maintenance Of Underlying Insurance—You agree after actual trial or by written agreement between us, to maintain all underlying insurance in full force and the insured and the claimant. effect as scheduled in the Schedule of Underlying J. Conformity—Terms of this policy which are in conflict Insurance at the inception of this policy and during our with the laws of the state wherein this policy is issued policy period except for reduction of aggregate limits of are hereby amended to conform to such laws. liability by payment of losses. If any underlying insurance is not maintained in full effect by the K. Other Insurance — If other insurance, whether collec- insured, or if there is any material change in the terms, tible or not, is available to the insured covering a loss conditions or scope of coverage, by endorsement or also covered by this policy, other than insurance that is otherwise, of any underlying insurance, the insur- specifically excess of the insurance afforded by this ance afforded by this policy shall apply in the same policy, the insurance afforded by this policy shall be in manner as though such underlying insurance had excess of, and shall not contribute with, such other been in full effect, so maintained and unchanged. insurance. You agree to notify us promptly if any underlying insur-ance is cancelled or terminated. CBX 101 05 18 Page 5 of 6 L. Subrogation — In the event of any payment underthis N. Inspection And Audit—We shall be permitted but not policy,the insured must notify us of any of the insured's obligated to inspect your property and operations at rights of recovery against any person or organization. any time. Neither our rights to make inspections, nor We shall be subrogated to all such rights. The insured the making thereof, nor any report thereon shall shall execute and deliver instruments and papers and constitute an undertaking, on behalf of or for the benefit do whatever else is necessary to secure such rights. of you or others, to determine or warrant that such The insured shall do nothing after loss to prejudice property or operations are safe. such rights. We may examine and audit your books and records at Any amount recovered through subrogation or any time during the policy period and extensions otherwise shall be apportioned in the inverse order of thereof and within three (3) years after the final payment of the claim or claims involved to the extent of termination of this policy, as far as they relate to the actual payment thereof by all interests. The expenses subject matter of this insurance. of all such recoveries and proceedings in connection O. Separation Of Insureds — Except with respect to the therewith shall be apportioned in the ratio of respective limits of liability this insurance applies as if each Named recoveries. With respect to proceedings conducted Insured were the only Named Insured and separately solely by us, if there is no recovery, we will bear the to each insured against whom claim is made or suit is expense thereof. If there is a recovery, we shall be brought. reimbursed in full from such recovery for the amount of all expenses incurred by us before apportionment of P. Payment Of Loss — It is a condition of this policy that such recovery as herein provided. the insurance afforded under this policy shall apply M. Salvage — All salvage, recoveries, or payments only after the underlying insurance has been recovered or received subsequent to a loss settlement exhausted by payment of its limits of liability. Upon final under this policy shall be applied as if recovered or determination by settlement, award or verdict of the received prior to such settlement. All necessary liability of the insured, we will promptly pay you as you adjustments shall then be made between the insured shall pay, or be required to pay, the amounts of any and us. Nothing in this clause shall be construed to losses falling within the terms or limits of this insurance. All losses covered under this policy shall be due and mean that losses under this policy are not recoverable until the insured's ultimate net loss has been finally payable by us within thirty (30) days after they are ascertained. respectively claimed and proof of loss filed with us in conformity with this policy. Bankruptcy or insolvency of the insured shall not relieve us of any of our obligations hereunder. CBX 101 05 18 Page 6 of 6 Policy Number: PSB0010440 RLI Insurance Company Named Insured: Keller Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° NOTICE OF CANCELLATION OR NONRENEWAL — DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: City of Kent Email Address: US Mail Address: ID If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (30) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. PPK 2108 05 11 Page 1 of 1 Policy Number: PSA0003377 RLI Insurance Company Named Insured: Keller Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° NOTICE OF CANCELLATION OR NONRENEWAL — DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: City of Kent Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (30) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. PPK 2108 05 11 Page 1 of 1 Policy Number: PSA0003377 RLI Insurance Company Named Insured: Keller Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage— Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition —Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition —Railroad Easement Q. Coverage Extensions—Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 Page 1 of 5 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured of the operations contemplated by such contract. The The following is added to the SECTION II — waiver applies only to the person or organization COVERED AUTOS LIABILITY COVERAGE, Para- designated in such contract. graph A.1. Who Is An Insured Provision: E. Employee Hired Autos Any business entity newly acquired or formed by you 1. The following is added to the SECTION II — during the policy period, provided you own fifty COVERED AUTOS LIABILITY COVERAGE, percent (50%) or more of the business entity and the Paragraph A.1. Who Is An Insured Provision: business entity is not separately insured for Bus-iness An "employee" of yours is an "insured" while Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following operating an "auto" hired or rented under a the acquisition or formation of the business entity. contract or agreement in that"employee's" name, with your permission, while performing duties This provision does not apply to any person or related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement. B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b. For Hired Auto Physical Damage Coverage, graph A.1. Who Is An Insured Provision: the following are deemed to be covered Any"employee" of yours is an "insured"while using a "autos" you own: covered "auto" you don't own, hire or borrow in your (1) Any covered "auto" you lease, hire, rent business or your personal affairs. or borrow; and C. Blanket Additional Insured (2) Any covered "auto" hired or rented by The following is added to the SECTION II — your"employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.1. Who Is An Insured Provision: permission, while performing duties Any person or organization that you are required to related to the conduct of your business. include as an additional insured on this coverage form However, any"auto"that is leased, hired, in a contract or agreement that is executed by you rented or borrowed with a driver is not a before the"bodily injury"or"property damage"occurs covered "auto". is an "insured" for liability coverage, but only for F. Fellow Employee Coverage damages to which this insurance applies and only to SECTION II — COVERED AUTOS LIABILITY the extent that person or organization qualifies as an COVERAGE, Exclusion B.S. does not apply if you "insured" under the Who Is An Insured provision have workers compensation insurance in-force contained in SECTION II — COVERED AUTOS LIABILITY COVERAGE. covering all of your employees. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition of you are required to do so in a contract or agreement the following: that is executed by you before the "bodily injury" or "property damage" occurs. In the event of a total"loss"to a covered"auto"shown in the Schedule of Declarations, we will pay any D. Blanket Waiver Of Subrogation unpaid amount due on the lease or loan for a covered "auto", less: The following is added to the SECTION IV — BUSI- 1. The amount paid under the PHYSICAL NESS AUTO CONDITIONS, A. Loss Conditions, 5. DAMAGE COVERAGE section of the policy; and Transfer Of Rights Of Recovery Against Others To Us: 2. Any: We waive any right of recovery we may have against a. Overdue lease/loan payments at the time of any person or organization to the extent required of the"loss"; you by a contract executed prior to any "accident" or "loss", provided that the"accident"or"loss"arises out PPA 300 03 13 Page 2 of 5 b. Financial penalties imposed under a lease for (2) An adjustment for depreciation and physical excessive use, abnormal wear and tear or condition will be made in the event of a total high mileage. "loss". c. Security deposits not returned by the lessor; (3) If a repair or replacement results in better d. Costs for extended warranties, Credit Life than like kind or quality,we will not pay for the Insurance, Health, Accident or Disability betterment. Insurance purchased with the loan or lease; (4) A deductible equal to the highest Physical and Damage deductible applicable to any owned e. Carry-over balances from previous loans or auto will apply. leases. (5) This Coverage Extension will not apply to: H. Glass Repair—Waiver Of Deductible (a) Any "auto" that is hired, rented or SECTION III — PHYSICAL DAMAGE COVERAGE, borrowed with a driver; or D. Deductible is amended by adding the following: (b) Any "auto" that is hired, rented or No deductible for a covered "auto" will apply to glass borrowed from your"employee". damage if the glass is repaired rather than replaced. K. Hired Auto Physical Damage—Loss Of Use I. Personal Effects Coverage The following is added to SECTION III — PHYSICAL The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: Extensions: e. We will pay sums which you legally must pay to c. Personal Effects Coverage the lessor of a covered "auto" which you have leased without a driver for thirty(30) days or less In the event of a total theft loss of your covered for the lessor's loss of use of the covered "auto", "auto"we will pay up to$400 for"loss"to wearing provided: apparel and other personal effects which are: (1) This insurance provides comprehensive, (1) Owned by an "insured"; and specified causes of loss or collision covered (2) In or on your covered "auto"; on the covered "auto"; No deductible applies to Personal Effects (2) The loss of use results from the covered " Coverage. auto" being damaged in an "accident" while you are leasing it. J. Hired Auto Physical Damage Coverage We will pay up to a maximum limit of $1,500 for The following is added to SECTION III — PHYSICAL this covered extension. DAMAGE COVERAGE, A. Coverage, 4. Coverage L. Hired Car—Worldwide Coverage Extensions: d. Hired Auto Physical Damage Coverage The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage If hired "autos" are covered "autos" for Liability Extensions: Coverage and this policy also provides Physical f. Hired Car—Worldwide Coverage Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to (1) We will pay all sums an"insured"legally must "autos"that you hire, rent or borrow subject to the pay as damages because of"bodily injury"or following: "property damage" to which this insurance (1) The most we will pay for "loss" in any one applies, caused by an "accident" which "accident" to a hired, rented or borrowed occurs outside of the United States of "auto" is the lesser of: America, the territories and possessions of the United States of America, Puerto Rico (a) $60,000 and Canada resulting from the maintenance, (b) The actual cash value of the damaged or or use of any covered "auto" of the private stolen property as of the time of the passenger type you lease, hire, rent or borrow without a driver for thirty (30) days or "loss"; or less. (c) The cost of repairing or replacing the (2) With respect to any claim made or "suit" damaged or stolen property with other instituted outside the United States of property of like kind and quality. America, the territories and possessions of the United States of America, Puerto Rico, and Canada: PPA 300 03 13 Page 3 of 5 (a) You shall undertake the investigation, M. Temporary Transportation Expenses settlement and defense of such claims SECTION III — PHYSICAL DAMAGE COVERAGE, and "suits" and keep us advised of all proceedings and actions. A.4. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced (b) You will not make any settlement without by the following: our consent. a. Transportation Expenses (c) We will reimburse you: (1) We will pay up to a maximum of $1,500 for (i) For the amount of damages be- temporary transportation expense incurred cause of liability imposed upon you by you because of Physical Damage to a by law on account of"bodily injury'or covered "auto". "property damage" to which this insurance applies, and (2) We will pay only for those covered "autos"for which you carry Comprehensive,Colli-sion or (ii) For all reasonable expenses incurred Specified Case of Loss Coverage. with our consent in connection with the investigation, settlement or (3) We will pay only for those expenses incurred defense of such claims or "suits". by you during the period of time that begins Reimbursement for expenses will be twenty-four (24) hours after the covered part of the Limit of Insurance for "loss"and ends at the time when the covered liability coverage shown in the "auto" can be reasonable repaired or Business Auto Coverage replaced. Declarations, and not in addition to (4) This coverage does not apply while there are such limits. spare or reserve "autos" available to you for (3) The limit of Insurance for Liability Coverage your operations. shown in the Business Auto Coverage Declarations is the most we will reimburse N. Amended Bodily Injury Definition — Mental you for the sum of all damages imposed on Anguish you, as set forth in paragraph 2.c. above, and The following is added to SECTION V — all expenses incurred by you arising out of DEFINITIONS, Definition C.: any single"accident' or"loss". "Bodily injury" also includes mental anguish, but only (4) You must maintain the greater of the follow- when the mental anguish arises from other bodily ing primary auto liability insurance limits: injury, sickness or disease. (a) Compulsory admitted insurance with O. Airbag Coverage limits required to be in force to satisfy the legal requirements of the jurisdiction The following is added to SECTION III — PHYSICAL where the accident occurs; or DAMAGE COVERAGE B. Exclusions 3.a.: (b) Insurance limits required by law and However, this exclusion will not apply to accidental issued by a government entity or by an discharge of an airbag due to mechanical or electrical insurer licensed or permitted by law to do breakdown. business in the jurisdiction where the "accident" occurs; or P. Amended Insured Contract Definition — Railroad Easement (c) Auto liability insurance limits of at least $300,000 combined single limit or SECTION V — DEFINITIONS paragraph H. "Insured $100,000 per person/$300,000 per acci- contact' is modified as follows: dent Bodily Injury, $100,000 Property 1. Paragraph H.3. is replaced by the following: Damage. If you fail to comply with the above, this 3. Any easement or license agreement. insurance is not invalidated. However, in the 2. Paragraph H.6.a. is deleted. event of a"loss",we will pay only to the extent that we would have been liable had you so Q. Coverage Extensions — Audio, Visual And Data complied. Electronic Equipment Not Designed Solely For The Production Of Sound (5) The insurance provided by this coverage extension is excess over any other collec- SECTION III—PHYSICAL DAMAGE COVERAGE B. tible insurance available to you whether on a Exclusions, exception paragraph a.to exclusion 4.c. primary, excess contingent or any other and 4.d. is deleted and replaced with the following: basis. PPA 300 03 13 Page 4 of 5 a. Equipment and accessories used with such (2) A partner if you are a partnership; or equipment, except for tapes, records, discs or (3) An executive officer or insurance manager, if other electronic media device, provided such you are a corporation. equipment is permanently installed in the covered "auto" at the time of the "loss" or is removable S. Unintentional Errors Or Omissions from the housing unit which is permanently SECTION IV— BUSINESS AUTO CONDITIONS, B. installed in the covered "auto" at the time of the "loss", and such equipment is designed to be General Conditions; 2. Concealment Misrepre- solely operated by use of the power from the sentation Or Fraud is amended by adding the "autos" electrical system, in or upon the covered following: "autos"; or The unintentional omission of, or unintentional error R. Notice Of And Knowledge Of Occurrence in, any information given by you shall not prejudice your rights under this insurance. However this pro- SECTION IV — BUSINESS AUTO CONDITIONS, vision does not affect our right to collect additional A.2. Duties In The Event Of Accident, Claim Suit premium or exercise our right of cancellation or Or Loss, subparagraph a. is deleted and replaced nonrenewal. with the following: T. Towing Coverage a. In the event of "accident", claim, "suit" or "loss", SECTION III — PHYSICAL DAMAGE COVERAGE, you must give us or our authorized repre- A.2. Towing, is deleted and replaced by the sentative prompt notice of the "accident"or"loss" including: following: (1) How,when and where the"accident"or"loss" 2. We will pay up to$750 for towing and labor costs occurred; incurred each time a covered "auto" is disabled due to a covered cause of loss. However: (2) The"insured's" name and address; and a. All labor must be performed at the place of (3) To the extent possible, the names and disablement; and addresses of any injured person and witnesses. b. If the covered auto is a private passenger type no deductible applies; and Your duty to give us or our authorized representative prompt notice of the "accident" or C. If the covered auto is not of the private "loss"applies only when the"accident" or"loss" is passenger type our obligation to pay will be known to: reduced by a $250 deductible per disablement. (1) You, if you are an individual; ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPA 300 03 13 Page 5 of 5 -4k THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 34 WEG BB8T8B Endorsement Number: Effective Date: 12/01/23 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Keller Associates, Inc. 100 E BOWER ST STE 110 MERIDIAN ID 83642 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization for whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: 12/01/23 Policy Expiration Date: 12/01/24 KENT W A 5 H I N G T O N DATE: February 20, 2024 TO: Kent City Council SUBJECT: Agreement with Keller Associates, Inc. - West Hill Booster Pump Station - Authorize MOTION: I move to authorize the Mayor to sign the Consultant Services Agreement with Keller Associates, LLC, for the design of the West Hill Booster Pump Station, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The City of Kent is beginning the design of a water booster pump station (BPS) which will be primarily used to fill the new West Hill Reservoir. The proposed BPS will largely replace the three aging pump stations currently filling the reservoir, providing more redundancy for water supply on the West Hill. This new pump station will pump up the West Hill through a new 16-inch transmission main which is currently in design. BUDGET IMPACT: This project has been budgeted in the Water Utility Capital Budget. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. Keller Associates Inc. - West Hill Booster Pump Station Agreement (PDF) 02/06/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 2/20/2024 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: John Boyd, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner