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HomeMy WebLinkAboutAGMT - Quality Code Publishing (Editorial & Legal Review - Municipal Code) 3 PROFESSIONAL SERVICES AGREEMENT Between OF SEAL lz,N,1 1*i s So's -tt,1 Svc",o'• City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Quality Code Publishing 7701 15th Avenue, N.W. Seattle, WA 98117 (206) 216-9500 — (800) 328-4348 This Professional Service Agreement ("the Agreement") is made as of 3-1 '' 2-04 , 2014 (the "Effective Date"), by and between Quality Code Publishing ("Consultant"), a Washington Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). S7296-0001\1236808v 1.doc a • RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manger may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work is excess of$10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall until terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than $6,000 for Phase I. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A. 2 of 9 S7296-0001\1236808v1.doc 3 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Nancy L. Helmer is the Consultant's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: 3 of 9 S7296-0001\1 236808v 1.d o c To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Clerk To Consultant: Quality Code Publishing 7701 15th Avenue, N.W. Seattle, WA 98117 Attn: Nancy L. Helmer 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all time be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 4 of 9 S7296-0001\1236808v 1.doc 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, 5 of 9 S7296-0001\1 236808v 1.d o c employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity 6 of 9 S7296-0001 S7296-0001\1 236808v 1.d oc herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 7 of 9 S7296-0001\1236808v 1.doc 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 20.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing 8 of 9 S7296-0001\1 236808v 1.d oc party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT By: ilk!' ft 'AIM( By: 1 . IA, g.. Ingram, CIyyy •er -V Nancy L. ,'elmer, President Qua i y Code Publishing Attest: ' r • BY: K. .�i. , /..,,/ L nda Devi e, ity Jerk Approved as to Form: By: Quinn Barrow, CI y Attorney 9 of 9 S7296-0001\1236808v1.doc Exhibit A Scope of Services and Fee Schedule PART I - SCOPE OF SERVICES Upon receipt of the necessary materials from the City, QCP shall: PHASE I 1. EDITORIAL REVIEW. Using the current 2004 Code, pre-2004 Code and all ordinances adopted since the pre-2004 Code was last updated QCP will compare the pre-2004 Code with the current code and prepare a list of sections that are in the pre-2004 Code but not in the current code. The City will review this list of sections to determine whether to add these sections into the current code or repeal them. Once this step has been completed, QCP will: 1.1. History notes. QCP will perform an editorial review of all ordinances in order to recreate and add the ordinance history to the appropriate sections. All enactments, amendments and repeals will be incorporated by the codifier into the text and historical citations added to each section tracing the legislative origin of that section. Each code section shall include a notation showing the origin of the section, and any amendments made thereto. 1.2. Cross references table and footnotes. Cross references tables will be prepared to tie together related sections of the current code with the prior municipal code. Proper explanation will also be made in the form of footnotes to relevant provisions of the code. 1.3. Ordinance list. Tables showing the disposition of each municipal ordinance will be prepared and included in the code volume. Repealed and omitted special ordinances will be so noted. 2. CODE ANALYSIS & LEGAL REVIEW. Using the manuscript created in the Editorial Review, QCP's Attorney will carefully review the City's materials, including: the City's current Code, the pre-2004 Code, Charter and all existing ordinances of a general and permanent nature or which impose a fine, penalty or forfeiture. 2.1. Internal comparison of material. QCP will carefully organize and review all of the materials, including the draft code and ordinances for internal discrepancies such as outdated fees, vague or awkward language, inaccuracies, duplications and conflicts with other ordinances or sections. 2.2. Charter comparison. The code and ordinances will be compared against the Charter and Charter amendments, if any, to identify conflicts or discrepancies between provisions. 2.3. Statutory and case law comparison. Every code provision will be compared against state statutes and current, relevant, federal and state case laws to identify conflicts, inconsistencies, preemptions and other potential problems. Exhibit A-1 V 2.4. Report. The results of the above analysis will be presented to the City in a written report for review at the convenience of the City's representatives. The final report will be delivered to the City, no later than three (3) months after authorization to proceed has been received from the City. 3. EDITORIAL REVIEW CONFERENCE. QCP will schedule an editorial conference to be held on-site to discuss the findings of the editorial and legal review, offer professional recommendations, and establish editorial procedures for republishing the code. Immediately following the conference, QCP will prepare a memorandum summarizing the decisions reached during the conference to be emailed to the City. 3.1. Editorial procedures. Before beginning Phase II, QCP would establish stylistic procedures for editing the republished code and future supplements, including, if requested: making sure all code language is gender neutral, correcting out-of-date official job titles and department names and standardizing how numbers are expressed. 4. SCHEDULE FOR COMPLETION. Editorial Review 1-2 months Code Analysis & Legal Review 2-3 months PHASE II 5. UPDATE & REPUBLISH THE CODE. QCP will update, reformat and republish the Code as follows: 5.1. Editorial work. Following the established Editorial Procedures, the Code shall be carefully edited for proper code style, grammar, punctuation and spelling, as well as for numerical and editorial consistency. No substantive changes shall be made in the language of the code without the authorization of the City. 5.2. Incorporate ordinances. QCP will incorporate into the code, in the appropriate places, all ordinances enacted subsequent to the last codified ordinance. The amended or repealed provisions will be removed and the new provisions inserted. 5.3. Index. QCP's experienced legal indexers will prepare a detailed alphabetical subject index, referencing each section of the code. The cross-reference style and format of the index shall be set after consultation with the City. The City shall be the sole determiner of whether the index is sufficiently detailed; any additional levels of detail shall be provided at no charge to the City. 5.4. Proofreading. QCP will proofread the entire code for accuracy. QCP is responsible for the typographical correctness of the code. Any errors attributable to QCP will be corrected at no charge to the City. Exhibit A-2 Noir 5.5. Incorporate map, diagram, chart and table pages. QCP's experienced staff will incorporate into the code, in the appropriate places, all map, diagram, chart and/or table pages as requested by the City. 5.6. Statutory reference table. QCP will include a table listing state laws which pertain to, or affect, the County's local code provisions. 5.7. Ordinance list and disposition table. QCP's experienced editors will update this table with the appropriate disposition of each County ordinance. Repealed and omitted special ordinances will be so noted. 5.8. Stock. The code will be printed on 20 lb. white bond paper or equivalent. The City may elect to have the code printed on one side of each sheet of paper, or on both sides. (Note: a page is one side of a sheet of paper). 5.9. Page style & format. The page style will be consistent with the format chosen by the City: 8'/2 x 11 inches, one or two-column page style. Samples attached. 5.10. Printing. QCP will print the number of copies as specified by the City. Additional copies of the entire code, or portions thereof, may be ordered by the City as they are needed. 6. SALE OF CODES. The city has exclusive rights to sell copies of the completed code and looseleaf supplements. 7. ELECTRONIC PUBLISHING & INTERNET SERVICE. QCP will provide a "hosted" Code for publication on the Internet and search software, linked from the City's Website, including a search engine that highlights the search terms identified by code section and viewing and printing options. QCP will create a searchable Internet database for posting on QCP's website with a link to the City's site. As the code is updated, we will post the changes to your code on the Internet at the same time that we send your printed supplements. An example of our Internet services can be viewed at www.qcode.us/codes/huntingtonbeach/. No license is required for the browse and search options. 7.1. Online code security and backup. QCP's public web server is hosted by Verio in a secure, climate-controlled data center featuring 24/7 monitoring and support. Since 2005 we have achieved over 99.99% uptime, with only two unplanned outages that lasted more than a few minutes. Web data is backed up daily, both to a mirrored disk and to tape. Original word-processing documents, PDF files, and SQL database backups are also stored on our own in-house file servers and backed up daily using off-site "cloud" backups. We also retain a backup "snapshot" of each customer's MS-Word files as they exist at the time of each printed supplement. We are currently in the process of migrating to Amazon EC2 web servers, hosted at Amazon's California data centers, paired with a cloud backup solution. Exhibit A-3 7.2. Code on CD/DVD. Subscribers to our electronic publishing services will receive an electronic copy of the code on CD/DVD in MS Word. As the code is updated, an updated CD/DVD will be sent to the City along with the printed supplement. 8. SCHEDULE FOR COMPLETION. Update & republish code 2-3 months Create searchable database & post code to Internet: .3-5 days after code delivers PHASE III 9. SUPPLEMENT SERVICES. QCP will provide ongoing updates for the City, on a semi-annual schedule as directed by the City. New ordinances will be codified to match the style of the code and all history notes, cross references, tables and indexes shall be updated. Prior to beginning a regularly scheduled supplement, QCP will contact the City Clerk to confirm that QCP has received all the necessary ordinances. QCP's editors will prepare each supplement by completing the following steps: 9.1. Editing. QCP will confirm with the City Clerk that they have received all ordinances. QCP will organize the new ordinances by subject and will insert all amendments into their proper places in the code text. Provisions that have been repealed will be deleted from the code text. Any conflicts, inconsistencies, duplications, or discrepancies created by the new material shall be brought to the attention of the City prior to initiating the code update. 9.2. Update Related Parts. All history notes, tables, cross-references and index entries will be updated to reflect the new material. 9.3. Insertion guide. Each supplement will include a page with instructions for inserting the new pages and removing obsolete ones. 9.4. Updated computerized copy. QCP will provide an updated copy of the code on CD/DVD in MS Word format, along with each printed supplement. 9.5. Internet publishing. QCP shall publish new supplements on the Internet upon completion of the supplements. 9.6. Proofreading. Any errors attributable to QCP will be corrected and replacement pages shipped to the City Clerk within 10 business days of notification, at no charge to the City. 9.7. Turnaround time. Time is of the essence. For the laws of the City to be effective, they must be accessible and easily available to the public. It is the intention of the QCP, with the cooperation of the City, to deliver each regularly scheduled supplement to the City within 30 days after the established supplement cutoff date. Exhibit A-4 9.8. Termination. The City may terminate the supplement service by canceling in writing at least 30 days prior to the editorial cutoff date for any regularly scheduled supplement. PART II - PRICES AND PAYMENT TERMS' 10. PHASE I Editorial Review—20-40 hours @ $50.00 per hour $1,000.00—$2,000.002 Code Analysis & Legal Review(flat fee) $3,200.00 In-person Editorial Review Conference No Charge 11. PHASE II Update & republish code (1 printed copy) per printed page $6.00 Creation of searchable database No Charge Internet initial set-up fee $50.00 CD/DVD with updated code in MS Word & PDF $25.00 12. PHASE III —ONGOING SUPPLEMENT SERVICE Supplement charge per page, including online updating (1 printed copy) $17.50 Extra charge per page for map, diagram, chart, &table pages No Charge Internet monthly maintenance & storage fee $40.00 CD/DVD after each supplement with updated code in MS Word & PDF of supplement $25.00 13. OPTIONAL SERVICES CODE ALERT—online ordinance tracking service Monthly fee $25.00 Per ordinance charge $30.00 14. Shipping and handling will be prepaid by QCP and invoiced to the City upon delivery. 15. If a sales tax is applicable to this work, the amount of such tax will be added to the costs quoted in this contract. 16. Payment Schedule: Balance due upon delivery of the republished code books to the City. Balances which remain unpaid more than 30 days after delivery of the codebooks are subject to a late charge of 1.5% per month. QCP guarantees these prices will not increase on or before July 1,2017. 2 The total cost for the review will depend on the number and size of the ordinances that need to be reviewed to add the history notes, cross reference tables and footnotes and update/create the Ordinance list. However, based on our professional experience, we estimate the project will take between 20-40 hours or between $1,000 and $2,000 to complete. Exhibit A-5 PART III —SAMPLE PAGES The attached sample pages are provided to illustrate how not all two-column and one- column pages style are the same. Depending on the point size, leading, margins and font, the number of words per page can vary significantly. Attached are sample pages set in both Times Roman &Arial. Attached are six sample pages marked, in the right-hand bottom corner, as follows: QCP 2c500 Sample Page - This is our standard two-column page style. In the past this page style was the style most often chosen by customers. However in the last few years more customers are choosing a one- column page style. QCP 1c500 Sample Page - The one-column page style is the style preferred by most Planning Departments for the Zoning Code as a one- column format more easily accommodates the many tables, charts, maps and diagrams typically found in Zoning Codes. QCP 1c500Hl Sample Page - QCP created this page style specifically for Planning Departments. In this page style the subsection lettering and numbering is progressively indented for easy readability. Please note all page styles have been set with the same text for easy comparison. They have also been set in the same three tiered numbering system utilized by QCP and the City. Exhibit A-6 15.108.010 Chapter 15.108 1. In the case of sales which must be preceded by furnishing to prospective pur- FLOODPLAIN RISK NOTIFICATION chasers of a public report pursuant to Section 11018.1 of the California Business and Pro- Sections: fessions Code or a disclosure statement pur- 15.108.010 Purpose. suant to Section 1102.2 of the California Civil 15.108.020 Definitions. Code, the seller and any real estate agent or 15.108.030 Notice to purchasers of new broker representing the seller shall ensure that construction. the notice of the flood danger either accompa- 15.108.040 Contractual assumption of nies or is included in the public report or the the risk of flooding. disclosure statement. 15.108.050 Restrictions on new 2. In the case of sales to which subsec- structures in the Natomas tion (B)(1) of this section does not apply, the area. seller any and real estate agent or broker rep- 15.108.060 Additional restrictions. resenting the seller shall provide the notice of the flood danger to the prospective purchaser 15.108.010 Purpose. as soon as practicable before the transfer of This chapter establishes mechanisms the title; and whereby persons seeking to build, or other- 3. In the event that escrow services are wise obtain an interest in such structures in utilized in connection with any sales subject to areas of the one hundred (100) year floodplain this section, the primary escrow agent shall designated as zone A, AO, AH, A1-30, AE, verify that the notice of the flood danger has A99, AR, AR/A1-30, AR/AE, AR/AO, or AR/AH been delivered as required under subsections on the city flood insurance rate map ("FIRM") (B)(1) and (B)(2) of this section. If for any rea- may be notified of the risk of flooding. (Ord. son the prospective purchaser has not re- 98-022 §4: prior code § 9.27.1100) ceived the notice, then the primary escrow agent shall provide the notice to the prospec- 15.108.020 Definitions. tive purchaser through the escrow process The definitions from Section 15.104.020 prior to the transfer of title. of this title shall apply to this chapter. (Ord. 98- C. This section shall apply to all sales 022 § 6: prior code § 9.27.1102) of new construction which occur on or after July 6, 1998, provided that at the time of the 15.108.030 Notice to purchasers of new sale the affected structure is located in zone construction. A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, A. In connection with the sale of any AR/AE, AR/AO, or AR/AH. (Ord. 98-022 § 7: new construction located in any designated prior code § 9.27.1103) zone A, AO, AH, A1-30, AE, A99, AR, AR/A1- 30, AR/AE, AR/AO, or AR/AH, the seller, any 15.108.040 Contractual assumption of the real estate agent, or broker representing the risk of flooding. seller, and the primary escrow agent involved A. As of July 6, 1998, no building per- in the transaction shall: mit shall be issued for any new construction or 1. Provide the prospective purchaser substantial improvements located in zone A, with written notice of the flood danger in a AO, AH, A1-30, AE, A99, AR, AR/A1-30, form of acceptable to the city attorney; and AR/AE, AR/AO, or AR/AH unless the owners 2. Obtain the prospective purchaser's of the new construction or the persons con- signed acknowledgment of receipt of the no- tracting for the substantial improvements exe- tice. cute an agreement with the city, in a form ac- B. The written notice required by this ceptable to the city attorney, whereby such section shall be provided as follows: persons: 123 (QCP 2c500 Sample Page) 15.108.050 1. Are notified of and expressly as- structure unless that structure complies with sume the risk that the new construction or the requirements of Sections 15.104.040 and substantial improvements may be subject to 15.104.050 of this title, relating to floodplain flood-related property damage; management. The city planning commission or 2. Unconditionally waive any claim of the director may, however, grant a variance liability on the part of the city, or its officers, from these requirements in accordance with agents or employees for any flood-related the provisions of Subchapter B, Title 44, Code property damage premised on the issuance of of Federal Regulations (CFR), Section 60.6, a permit for the new construction or substan- as amended ("FEMA Variance"). The proce- tial improvements; dure for granting such a variance shall be as 3. Expressly agree, in connection with follows: the transfer of an ownership interest in the 1. The applicant shall provide the fol- new construction or substantial improvements, lowing information about the project for which to notify the transferee of the flood danger and a variance is sought: obtain on behalf of the city the transferee's a. The size of each parcel on which waiver of any claim for flood-related property any new structure is to be constructed; damage premised on the issuance of a permit b. The date on which each such parcel for the new construction or substantial im- was legally created; provements; and c. The owner(s) of each parcel as of 4. Agree to assume the defense of and January 1, 1990; indemnify the city and its officers, employees d. A description of the structure(s) pro- and agents from against all claims for any posed to be constructed; flood-related property damage premised on e. The hardship that would result if no the issuance of a permit for the new construc- variance is granted; tion or substantial improvements, provided: f. The proposed elevation in relation to a. The indemnifiers shall be released mean sea level of the lowest floor (including from this indemnification pledge if, at such basement) of all residential structures to be time as the city seeks to enforce this pledge, constructed as part of the project; the indemnifiers demonstrate that they have g. The proposed elevation in relation to fully complied with the provisions of the mean sea level to which any such structures agreement requiring that they give notice of will be flood-proofed; the flood danger to third parties obtaining an h. The base flood elevation assigned to interest in the new construction or substantial the project site on the USCOE January 1989 improvements. (Ord. 98-022 § 8: prior code § working maps or any amendments thereto; 9.27.1104) and i. The extent to which any water 15.108.050 Restrictions on new structures course will be altered or relocated as a result in the Natomas area. of the project. Until the city council determines by reso- 2. The applicant shall pay a filing and lution, based on information provided by the investigation fee, established by city council USCOE, that the levee stabilization project in resolution, at the time the application is filed. the Natomas area is complete or will be corn- 3. The director shall be authorized to pleted prior to the commencement of the next grant a variance under this subsection A when flood season, issuance of building permits for the director determines that the following crite- structures located in any part of the Natomas ria have been satisfied in addition to the crite- area lying within the A-99 zone shall be re- ria set forth in the FEMA variance: stricted as follows: a. The variance is requested for the A. No building permit shall be issued purpose of constructing a new single family for the construction of any new residential (QCP 2c500 Sample Page) 124 15.108.050 structure which will be occupied by the appli- commission may appeal to the city council at cant. any time within ten (10) days after the deci- b. The parcel on which this structure is sion. The city council may extend the time to be constructed was legally created prior to within which an appeal may be filed upon a January 1, 1990, and was owned by the appli- finding that prejudice will not result thereby. cant as of that date. Such appeal shall be filed on the form pro- When these criteria are not met, the di- vided by the director. Thereupon the appeal rector shall schedule a hearing by the planning documents and the city planning file shall be commission. In the event the director ap- transmitted to the city council within a period proves a variance application, the director of ten (10) days. shall provide written notice of the approval to B. No building permit shall be issued all persons who submit a written request for for the construction of any new nonresidential notice of any action taken under this subsec- structure, or any substantial improvement of tion A and shall inform such persons of their an existing nonresidential structure resulting in right to appeal. a substantial increase in ground floor square 4. At least one public hearing shall be footage, in connection with a project accepted held on each variance application referred to for plan check on or after April 15, 1990, the planning commission. Notice of the hear- unless the structure either: ing shall be given in the following manner: 1. Complies with the requirements of a. The director shall post notice of the Section 15.104.050(A)(3) of this title; hearing on the property involved in the pro- 2. Is designed to equalize hydrostatic ceedings in a conspicuous place at least flood forces on the exterior walls by allowing seven days prior to the date of the hearing. for the entry and exit of flood water as follows: b. Written notice of the hearing shall be a. Openings covered by glazing or mailed by the director at least ten (10) days overhead doors may be assumed to allow en- prior to the hearing to all persons who submit try and exit of flood water. These openings written requests to the director for notification shall be provided at the rate of three square of any hearings held pursuant to this variance inches for each square foot of floor area. The procedure, and to the owners of all property location of the required openings shall be rea- which adjoins the property involved in the pro- sonably distributed along the perimeter of the ceedings or is separated only by a street, al- building, and shall be located within two feet of ley, right-of-way, or other easement. Failure to the ground surface or lowest floor level. give notice or failure of any person to receive b. Alternate means for entry and exit of notice shall not invalidate any proceeding flood water may be designed. Systems shall conducted hereunder. be sized to allow flood water to enter or exit at 5. Any person dissatisfied with any ac- a sufficient rate to keep up with an external tion of the director may appeal therefrom to rise or drop in static head equal to one foot per the planning commission at any time within hour (one ft./hour). A static head differential of five days after notice of the decision is given two feet may be assumed between interior (unless additional time is granted by the plan- and exterior water surfaces for design pur- ning commission). Such an appeal is taken by poses. filing a notice of appeal with the director. Upon C. No building permit shall be issued filing of a notice of appeal, the director shall for a commercial/residential structure unless within ten (10) days transmit to the secretary the structure complies with the design re- of the planning commission all papers and quirements of subsection B of this section and documents on file with the director relating to the structure is approved pursuant to this sub- the appeal. section C. Such approval may be granted by 6. An applicant or any person ag- the planning commission or city council as part grieved by the determination of the planning of a discretionary project approval (e.g., gen- 125 (QCP 2c500 Sample Page) 15.108.050 eral plan or community plan amendment, re- complish this objective. These conditions may zoning, planned unit development approval, include measure designed to: special permit approval, or tentative subdivi- a. Alert occupants to the potential for sion map or parcel map approval) or may be flooding in the Natomas area; approved by the director where such discre- b. Avoid occupancy of floors below the tionary project approval does not relate di- base flood elevation shown on the January rectly to the proposed commercial/residential 1989 USCOE working maps following the is- structure. Any such approvals shall be granted suance of a river/stream warning by the city as subject to the following requirements: part of the city's four stage emergency warn- 1. The applicant shall provide the fol- ing and response program; and lowing information about the structure for c. Evacuate occupants to safety in the which approval is being sought: event of flooding. (Prior code § 9.27.1106) a. The proposed elevation in relation to mean sea level of the lowest floor of the struc- ture; b. The proposed elevation in relation to mean sea level to which the structure will be floodproofed; and c. The base flood elevation assigned to the project site on the USCOE January 1989 working maps or any amendments thereto. 2. The application for approval shall be accompanied by proof that the applicant has given notice to the owners of all property which adjoins the property involved in the pro- ceedings or which is separated only by a street, alley public right-of-way or other ease- ment, public use or recreational use. The no- tice shall describe the scope and nature of the requested approval. After a decision on the application, the director shall provide written notice by mail to the owners of all property ad- joining the subject property of the decision and of their right to appeal the decision to the planning commission within ten (10) days of the notice. No fee shall be charged for an ap- peal to the planning commission by any ag- grieved person other than the applicant. 3. Approval of the structure shall re- quire a finding based on evidence presented in the application that the proposed structure will be located, designed, constructed, used, operated and maintained so as to avoid addi- tional flood-related threats to public safety. In this regard, the city council, planning commis- sion or director, as the case may be, may at- tach such conditions to the approval of the structure as may be deemed necessary to ac- (QCP 2c500 Sample Page) 126 15.108.010 Chapter 15.108 FLOODPLAIN RISK NOTIFICATION Sections: 15.108.010 Purpose. 15.108.020 Definitions. 15.108.030 Notice to purchasers of new construction. 15.108.040 Contractual assumption of the risk of flooding. 15.108.050 Restrictions on new structures in the Natomas area. 15.108.060 Additional restrictions. 15.108.010 Purpose. This chapter establishes mechanisms whereby persons seeking to build, or otherwise obtain an interest in such structures in areas of the one hundred (100) year floodplain designated as zone A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, or AR/AH on the city flood insur- ance rate map ("FIRM") may be notified of the risk of flooding. (Ord. 98-022 § 4: prior code § 9.27.1100) 15.108.020 Definitions. The definitions from Section 15.104.020 of this title shall apply to this chapter. (Ord. 98-022 § 6: prior code § 9.27.1102) 15.108.030 Notice to purchasers of new construction. A. In connection with the sale of any new construction located in any designated zone A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, or AR/AH, the seller, any real estate agent, or broker representing the seller, and the primary escrow agent involved in the transaction shall: 1. Provide the prospective purchaser with written notice of the flood danger in a form of ac- ceptable to the city attorney; and 2. Obtain the prospective purchaser's signed acknowledgment of receipt of the notice. B. The written notice required by this section shall be provided as follows: 1. In the case of sales which must be preceded by furnishing to prospective purchasers of a public report pursuant to Section 11018.1 of the California Business and Professions Code or a disclosure statement pursuant to Section 1102.2 of the California Civil Code, the seller and any real estate agent or broker representing the seller shall ensure that the notice of the flood danger either accompanies or is included in the public report or the disclosure statement. 2. In the case of sales to which subsection (B)(1) of this section does not apply, the seller any and real estate agent or broker representing the seller shall provide the notice of the flood danger to the prospective purchaser as soon as practicable before the transfer of the title; and 3. In the event that escrow services are utilized in connection with any sales subject to this section, the primary escrow agent shall verify that the notice of the flood danger has been deliv- ered as required under subsections (B)(1) and (B)(2) of this section. If for any reason the prospec- tive purchaser has not received the notice, then the primary escrow agent shall provide the notice to the prospective purchaser through the escrow process prior to the transfer of title. C. This section shall apply to all sales of new construction which occur on or after July 6, 1998, provided that at the time of the sale the affected structure is located in zone A, AO, AH, A1- 30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, or AR/AH. (Ord. 98-022 § 7: prior code § 9.27.1103) 123 (QCP 1c500 Sample Page) 15.108.050 15.108.040 Contractual assumption of the risk of flooding. A. As of July 6, 1998, no building permit shall be issued for any new construction or sub- stantial improvements located in zone A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, or AR/AH unless the owners of the new construction or the persons contracting for the substantial improvements execute an agreement with the city, in a form acceptable to the city attorney, whereby such persons: 1. Are notified of and expressly assume the risk that the new construction or substantial improvements may be subject to flood-related property damage; 2. Unconditionally waive any claim of liability on the part of the city, or its officers, agents or employees for any flood-related property damage premised on the issuance of a permit for the new construction or substantial improvements; 3. Expressly agree, in connection with the transfer of an ownership interest in the new con- struction or substantial improvements, to notify the transferee of the flood danger and obtain on behalf of the city the transferee's waiver of any claim for flood-related property damage premised on the issuance of a permit for the new construction or substantial improvements; and 4. Agree to assume the defense of and indemnify the city and its officers, employees and agents from against all claims for any flood-related property damage premised on the issuance of a permit for the new construction or substantial improvements, provided: a. The indemnifiers shall be released from this indemnification pledge if, at such time as the city seeks to enforce this pledge, the indemnifiers demonstrate that they have fully complied with the provisions of the agreement requiring that they give notice of the flood danger to third par- ties obtaining an interest in the new construction or substantial improvements. (Ord. 98-022 § 8: prior code §9.27.1104) 15.108.050 Restrictions on new structures in the Natomas area. Until the city council determines by resolution, based on information provided by the USCOE, that the levee stabilization project in the Natomas area is complete or will be completed prior to the commencement of the next flood season, issuance of building permits for structures located in any part of the Natomas area lying within the A-99 zone shall be restricted as follows: A. No building permit shall be issued for the construction of any new residential structure unless that structure complies with the requirements of Sections 15.104.040 and 15.104.050 of this title, relating to floodplain management. The city planning commission or the director may, however, grant a variance from these requirements in accordance with the provisions of Subchap- ter B, Title 44, Code of Federal Regulations (CFR), Section 60.6, as amended ("FEMA Variance"). The procedure for granting such a variance shall be as follows: 1. The applicant shall provide the following information about the project for which a vari- ance is sought: a. The size of each parcel on which any new structure is to be constructed; b. The date on which each such parcel was legally created; c. The owner(s) of each parcel as of January 1, 1990; d. A description of the structure(s) proposed to be constructed; e. The hardship that would result if no variance is granted; f. The proposed elevation in relation to mean sea level of the lowest floor (including base- ment)of all residential structures to be constructed as part of the project; g. The proposed elevation in relation to mean sea level to which any such structures will be floodproofed; h. The base flood elevation assigned to the project site on the USCOE January 1989 work- ing maps or any amendments thereto; and (QCP 1c500 Sample Page) 124 15.108.050 i. The extent to which any water course will be altered or relocated as a result of the pro- ject. 2. The applicant shall pay a filing and investigation fee, established by city council resolu- tion, at the time the application is filed. 3. The director shall be authorized to grant a variance under this subsection A when the director determines that the following criteria have been satisfied in addition to the criteria set forth in the FEMA variance: a. The variance is requested for the purpose of constructing a new single family structure which will be occupied by the applicant. b. The parcel on which this structure is to be constructed was legally created prior to Janu- ary 1, 1990, and was owned by the applicant as of that date. When these criteria are not met, the director shall schedule a hearing by the planning com- mission. In the event the director approves a variance application, the director shall provide written notice of the approval to all persons who submit a written request for notice of any action taken under this subsection A and shall inform such persons of their right to appeal. 4. At least one public hearing shall be held on each variance application referred to the planning commission. Notice of the hearing shall be given in the following manner: a. The director shall post notice of the hearing on the property involved in the proceedings in a conspicuous place at least seven days prior to the date of the hearing. b. Written notice of the hearing shall be mailed by the director at least ten (10) days prior to the hearing to all persons who submit written requests to the director for notification of any hear- ings held pursuant to this variance procedure, and to the owners of all property which adjoins the property involved in the proceedings or is separated only by a street, alley, right-of-way, or other easement. Failure to give notice or failure of any person to receive notice shall not invalidate any proceeding conducted hereunder. 5. Any person dissatisfied with any action of the director may appeal therefrom to the plan- ning commission at any time within five days after notice of the decision is given (unless additional time is granted by the planning commission). Such an appeal is taken by filing a notice of appeal with the director. Upon filing of a notice of appeal, the director shall within ten (10) days transmit to the secretary of the planning commission all papers and documents on file with the director relat- ing to the appeal. 6. An applicant or any person aggrieved by the determination of the planning commission may appeal to the city council at any time within ten (10) days after the decision. The city council may extend the time within which an appeal may be filed upon a finding that prejudice will not re- sult thereby. Such appeal shall be filed on the form provided by the director. Thereupon the appeal documents and the city planning file shall be transmitted to the city council within a period of ten (10) days. B. No building permit shall be issued for the construction of any new nonresidential struc- ture, or any substantial improvement of an existing nonresidential structure resulting in a substan- tial increase in ground floor square footage, in connection with a project accepted for plan check on or after April 15, 1990, unless the structure either: 1. Complies with the requirements of Section 15.104.050(A)(3)of this title; 2. Is designed to equalize hydrostatic flood forces on the exterior walls by allowing for the entry and exit of flood water as follows: a. Openings covered by glazing or overhead doors may be assumed to allow entry and exit of flood water. These openings shall be provided at the rate of three square inches for each square foot of floor area. The location of the required openings shall be reasonably distributed along the perimeter of the building, and shall be located within two feet of the ground surface or lowest floor level. 125 (QCP 1c500 Sample Page) 15.108.050 b. Alternate means for entry and exit of flood water may be designed. Systems shall be sized to allow flood water to enter or exit at a sufficient rate to keep up with an external rise or drop in static head equal to one foot per hour(one ft./hour). A static head differential of two feet may be assumed between interior and exterior water surfaces for design purposes. C. No building permit shall be issued for a commercial/residential structure unless the struc- ture complies with the design requirements of subsection B of this section and the structure is ap- proved pursuant to this subsection C. Such approval may be granted by the planning commission or city council as part of a discretionary project approval (e.g., general plan or community plan amendment, rezoning, planned unit development approval, special permit approval, or tentative subdivision map or parcel map approval) or may be approved by the director where such discre- tionary project approval does not relate directly to the proposed commercial/residential structure. Any such approvals shall be granted subject to the following requirements: 1. The applicant shall provide the following information about the structure for which ap- proval is being sought: a. The proposed elevation in relation to mean sea level of the lowest floor of the structure; b. The proposed elevation in relation to mean sea level to which the structure will be flood- proofed; and c. The base flood elevation assigned to the project site on the USCOE January 1989 work- ing maps or any amendments thereto. 2. The application for approval shall be accompanied by proof that the applicant has given notice to the owners of all property which adjoins the property involved in the proceedings or which is separated only by a street, alley public right-of-way or other easement, public use or recreational use. The notice shall describe the scope and nature of the requested approval. After a decision on the application, the director shall provide written notice by mail to the owners of all property adjoin- ing the subject property of the decision and of their right to appeal the decision to the planning commission within ten (10) days of the notice. No fee shall be charged for an appeal to the plan- ning commission by any aggrieved person other than the applicant. 3. Approval of the structure shall require a finding based on evidence presented in the ap- plication that the proposed structure will be located, designed, constructed, used, operated and maintained so as to avoid additional flood-related threats to public safety. In this regard, the city council, planning commission or director, as the case may be, may attach such conditions to the approval of the structure as may be deemed necessary to accomplish this objective. These condi- tions may include measure designed to: a. Alert occupants to the potential for flooding in the Natomas area; b. Avoid occupancy of floors below the base flood elevation shown on the January 1989 USCOE working maps following the issuance of a river/stream warning by the city as part of the city's four stage emergency warning and response program; and c. Evacuate occupants to safety in the event of flooding. (Prior code § 9.27.1106) (QCP 1c500 Sample Page) 126 15.108.010 Chapter 15.108 FLOODPLAIN RISK NOTIFICATION Sections: 15.108.010 Purpose. 15.108.020 Definitions. 15.108.030 Notice to purchasers of new construction. 15.108.040 Contractual assumption of the risk of flooding. 15.108.050 Restrictions on new structures in the Natomas area. 15.108.060 Additional restrictions. 15.108.010 Purpose. This chapter establishes mechanisms whereby persons seeking to build, or otherwise obtain an interest in such structures in areas of the one hundred (100) year floodplain designated as zone A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, or AR/AH on the city flood insurance rate map ("FIRM") may be notified of the risk of flooding. (Ord. 98-022 §4: prior code § 9.27.1100) 15.108.020 Definitions. The definitions from Section 15.104.020 of this title shall apply to this chapter. (Ord. 98-022 § 6: prior code § 9.27.1102) 15.108.030 Notice to purchasers of new construction. A. In connection with the sale of any new construction located in any designated zone A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, or AR/AH, the seller, any real estate agent, or broker representing the seller, and the primary escrow agent involved in the trans- action shall: 1. Provide the prospective purchaser with written notice of the flood danger in a form of ac- ceptable to the city attorney; and 2. Obtain the prospective purchaser's signed acknowledgment of receipt of the notice. B. The written notice required by this section shall be provided as follows: 1. In the case of sales which must be preceded by furnishing to prospective purchasers of a public report pursuant to Section 11018.1 of the California Business and Professions Code or a disclosure statement pursuant to Section 1102.2 of the California Civil Code, the seller and any real estate agent or broker representing the seller shall ensure that the notice of the flood danger either accompanies or is included in the public report or the disclosure statement. 2. In the case of sales to which subsection (B)(1) of this section does not apply, the seller any and real estate agent or broker representing the seller shall provide the notice of the flood danger to the prospective purchaser as soon as practicable before the transfer of the title; and 3. In the event that escrow services are utilized in connection with any sales subject to this section, the primary escrow agent shall verify that the notice of the flood danger has been delivered as required under subsections (B)(1) and (B)(2) of this section. If for any reason the prospective purchaser has not received the notice, then the primary escrow 123 (QCP 1c500H1 Sample Page) 15.108.040 agent shall provide the notice to the prospective purchaser through the escrow process prior to the transfer of title. C. This section shall apply to all sales of new construction which occur on or after July 6, 1998, provided that at the time of the sale the affected structure is located in zone A, AO, AH, A1- 30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, or AR/AH. (Ord. 98-022 § 7: prior code § 9.27.1103) 15.108.040 Contractual assumption of the risk of flooding. A. As of July 6, 1998, no building permit shall be issued for any new construction or substantial improvements located in zone A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, or AR/AH unless the owners of the new construction or the persons contracting for the substan- tial improvements execute an agreement with the city, in a form acceptable to the city attor- ney, whereby such persons: 1. Are notified of and expressly assume the risk that the new construction or substantial improvements may be subject to flood-related property damage; 2. Unconditionally waive any claim of liability on the part of the city, or its officers, agents or employees for any flood-related property damage premised on the issuance of a permit for the new construction or substantial improvements; 3. Expressly agree, in connection with the transfer of an ownership interest in the new con- struction or substantial improvements, to notify the transferee of the flood danger and obtain on behalf of the city the transferee's waiver of any claim for flood-related property damage premised on the issuance of a permit for the new construction or substantial improvements; and 4. Agree to assume the defense of and indemnify the city and its officers, employees and agents from against all claims for any flood-related property damage premised on the is- suance of a permit for the new construction or substantial improvements, provided: a. The indemnifiers shall be released from this indemnification pledge if, at such time as the city seeks to enforce this pledge, the indemnifiers demonstrate that they have fully complied with the provisions of the agreement requiring that they give no- tice of the flood danger to third parties obtaining an interest in the new construction or substantial improvements. (Ord. 98-022 § 8: prior code § 9.27.1104) 15.108.050 Restrictions on new structures in the Natomas area. Until the city council determines by resolution, based on information provided by the USCOE, that the levee stabilization project in the Natomas area is complete or will be completed prior to the commencement of the next flood season, issuance of building permits for structures located in any part of the Natomas area lying within the A-99 zone shall be restricted as follows: A. No building permit shall be issued for the construction of any new residential structure unless that structure complies with the requirements of Sections 15.104.040 and 15.104.050 of this title, relating to floodplain management. The city planning commission or the director may, however, grant a variance from these requirements in accordance with the provisions of Sub- chapter B, Title 44, Code of Federal Regulations (CFR), Section 60.6, as amended ("FEMA Variance"). The procedure for granting such a variance shall be as follows: 1. The applicant shall provide the following information about the project for which a vari- ance is sought: (QCP 1c500H1 Sample Page) 124 15.108.050 6. An applicant or any person aggrieved by the determination of the planning commission may appeal to the city council at any time within ten (10) days after the decision. The city council may extend the time within which an appeal may be filed upon a finding that prejudice will not result thereby. Such appeal shall be filed on the form provided by the director. Thereupon the appeal documents and the city planning file shall be transmitted to the city council within a period of ten (10) days. B. No building permit shall be issued for the construction of any new nonresidential structure, or any substantial improvement of an existing nonresidential structure resulting in a substantial increase in ground floor square footage, in connection with a project accepted for plan check on or after April 15, 1990, unless the structure either: 1. Complies with the requirements of Section 15.104.050(A)(3) of this title; 2. Is designed to equalize hydrostatic flood forces on the exterior walls by allowing for the entry and exit of flood water as follows: a. Openings covered by glazing or overhead doors may be assumed to allow entry and exit of flood water. These openings shall be provided at the rate of three square inches for each square foot of floor area. The location of the required openings shall be reasonably distributed along the perimeter of the building, and shall be located within two feet of the ground surface or lowest floor level. b. Alternate means for entry and exit of flood water may be designed. Systems shall be sized to allow flood water to enter or exit at a sufficient rate to keep up with an external rise or drop in static head equal to one foot per hour(one ft./hour). A static head differential of two feet may be assumed between interior and exterior water surfaces for design purposes. C. No building permit shall be issued for a commercial/residential structure unless the structure complies with the design requirements of subsection B of this section and the structure is ap- proved pursuant to this subsection C. Such approval may be granted by the planning com- mission or city council as part of a discretionary project approval (e.g., general plan or com- munity plan amendment, rezoning, planned unit development approval, special permit ap- proval, or tentative subdivision map or parcel map approval) or may be approved by the di- rector where such discretionary project approval does not relate directly to the proposed commercial/residential structure. Any such approvals shall be granted subject to the following requirements: 1. The applicant shall provide the following information about the structure for which ap- proval is being sought: a. The proposed elevation in relation to mean sea level of the lowest floor of the struc- ture; b. The proposed elevation in relation to mean sea level to which the structure will be floodproofed; and c. The base flood elevation assigned to the project site on the USCOE January 1989 working maps or any amendments thereto. 2. The application for approval shall be accompanied by proof that the applicant has given notice to the owners of all property which adjoins the property involved in the proceed- ings or which is separated only by a street, alley public right-of-way or other easement, public use or recreational use. The notice shall describe the scope and nature of the re- quested approval. After a decision on the application, the director shall provide written notice by mail to the owners of all property adjoining the subject property of the decision (QCP 1c500H1 Sample Page) 126 15.108.050 a. The size of each parcel on which any new structure is to be constructed; b. The date on which each such parcel was legally created; c. The owner(s)of each parcel as of January 1, 1990; d. A description of the structure(s) proposed to be constructed; e. The hardship that would result if no variance is granted; f. The proposed elevation in relation to mean sea level of the lowest floor (including basement) of all residential structures to be constructed as part of the project; g. The proposed elevation in relation to mean sea level to which any such structures will be flood-proofed; h. The base flood elevation assigned to the project site on the USCOE January 1989 working maps or any amendments thereto; and i. The extent to which any water course will be altered or relocated as a result of the project. 2. The applicant shall pay a filing and investigation fee, established by city council resolu- tion, at the time the application is filed. 3. The director shall be authorized to grant a variance under this subsection A when the di- rector determines that the following criteria have been satisfied in addition to the criteria set forth in the FEMA variance: a. The variance is requested for the purpose of constructing a new single family struc- ture which will be occupied by the applicant. b. The parcel on which this structure is to be constructed was legally created prior to January 1, 1990, and was owned by the applicant as of that date. When these criteria are not met, the director shall schedule a hearing by the plan- ning commission. In the event the director approves a variance application, the di- rector shall provide written notice of the approval to all persons who submit a writ- ten request for notice of any action taken under this subsection A and shall inform such persons of their right to appeal. 4. At least one public hearing shall be held on each variance application referred to the planning commission. Notice of the hearing shall be given in the following manner: a. The director shall post notice of the hearing on the property involved in the proceed- ings in a conspicuous place at least seven days prior to the date of the hearing. b. Written notice of the hearing shall be mailed by the director at least ten (10) days prior to the hearing to all persons who submit written requests to the director for no- tification of any hearings held pursuant to this variance procedure, and to the own- ers of all property which adjoins the property involved in the proceedings or is sepa- rated only by a street, alley, right-of-way, or other easement. Failure to give notice or failure of any person to receive notice shall not invalidate any proceeding con- ducted hereunder. 5. Any person dissatisfied with any action of the director may appeal therefrom to the plan- ning commission at any time within five days after notice of the decision is given (unless additional time is granted by the planning commission). Such an appeal is taken by filing a notice of appeal with the director. Upon filing of a notice of appeal, the director shall within ten (10) days transmit to the secretary of the planning commission all papers and documents on file with the director relating to the appeal. 125 (QCP 1c500H1 Sample Page) 15.108.050 and of their right to appeal the decision to the planning commission within ten (10) days of the notice. No fee shall be charged for an appeal to the planning commission by any aggrieved person other than the applicant. 3. Approval of the structure shall require a finding based on evidence presented in the ap- plication that the proposed structure will be located, designed, constructed, used, oper- ated and maintained so as to avoid additional flood-related threats to public safety. In this regard, the city council, planning commission or director, as the case may be, may attach such conditions to the approval of the structure as may be deemed necessary to accomplish this objective. These conditions may include measure designed to: a. Alert occupants to the potential for flooding in the Natomas area; b. Avoid occupancy of floors below the base flood elevation shown on the January 1989 USCOE working maps following the issuance of a river/stream warning by the city as part of the city's four stage emergency warning and response program; and c. Evacuate occupants to safety in the event of flooding. (Prior code § 9.27.1106) 127 (QCP 1c500H1 Sample Page) ------"41 4111110 J QUAL-03 OP ID:TG .A�'c.°R° CERTIFICATE OF LIABILITY INSURANCE DATE 02/06aYYYY) 02106!14 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 poticy(ies) must 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 Lovsted-Worthington LLC 206-285-7735 NAME: __ _ P.O.Box 807 Bothell WA 98041 206-285-3461_(tyg,No,E — I((C,No): 424 Third Ave W E-MAIL S: Seattle,WA 98119 --- — -- Steven Colson INSURER(S)AFFORDING COVERAGE I NAIC S INSURER A:Mutual of Enumclaw 114761 INSURED Quality Code Publishing INSURER B:Federal Insurance Company I Nancy Helmer — 7701 15th Ave NW INSURER c Seattle,WA 98117 INSURER 0: INSURER E: I -INSURER F: I 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. LLTTR TYPE OF INSURANCE INNSR� E POLICY NUMBER POLICY EFF POLICY EXP LIMITS � iZl�R �(MM/DD/YYYY] IMMIDD/YYYY) GENERAL LIABILITY I I EACH OCCURRENCE I E 1,000,000 A X COMMERCIAL GENERAL LIABILITY X CPP0009B19 12/20/13 12/20/14 PREMISE ga occurrence) I s 300,000 I I CLAIMS-MADE X I OCCUR 1 MED EXP(Any one person) I S 10,000 B X Media Liability 68023746 03/14/13 I 03/14/14 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG S 2,000,000 X (POLICY IT JEC j 7 LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 000,000 (Ea accident) S r A ANY AUTO CP0009819 12/20/13 12/20/14 BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) X HIRED AUTOS X I NON-OWNED ( PROPERTY DAMAGE S AUTOS I (Per accident) I I f S UMBRELLA LAB _I OCCUR EACH OCCURRENCE i$ EXCESS LIAR CLAIMS-MADE { I AGGREGATE S DED I i RETENTIONS I I S WORKERS COMPENSATION I I WC STATU- i pH- AND EMPLOYERS'LIABILITY ?ZORL'I,{(�(ITS 1 . ER A ANY PROPRIETOR/PARTNER/EXECUTIVE V f N CPP0009819 i 12/20/13 12/20/14 E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? N 1 A (Mandatory in NH) STOP GAP/EMPLOYERS LIAB E.L.DISEASE-EA EMPLOYEE!S 1,000,000 N s,describe under DESCRIPTION OF OPERATIONS below I E DISEASE-POLICY LIMIT I S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) The City of Seal Beach, its directors, officials, officers, employees, agents and volunteers if required by written contract or agreement. Coverage is Primary. $5000 ded applies to Media Liability. CERTIFICATE HOLDER CANCELLATION C1TYS-5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. Attn City Clerk 211 8th Street AUTHORIZED REPRESENTATIVE Seal Beach,CA 90740 �l �11(.L't i ( A0.4- 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CPP coo 1 s ..,MMERCIAL GENERAL LIABILITY • • CG 20 26 07 04- THIS ENDORSEMENT CHANGES THE POLICY,'PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED • • PERSON OR ORGANIZATION • • This endorsement modifies insurance provided under•the following: • COMMERCIAL GENERAL LIABILITY COVERAGE PART • • SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) BLANKET ADDITIONAL INSURED • • • • • • • Information rewired to complete this Schedule, if not shown above, will be shown in the Declarations. • Section II - Who Is An Insured'is amended to in-' Worts or the acts or omissions of those acting on dude as an additional insured the person(s) or or- your behalf: ganization(s) shown in the Schedule, but only with . A. In the performance of your ongoing operations; respect to liability for bodily injury'', property • • damages or "personal and advertising injury" or • caused, in whole or in part, by your acts or omis- B. In connection with your premises owned by or rented to you. • • • • • • • • • • • • • • • • CG 20 26 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM • —.REPRINTED FROM THE FORMS LIBRARY"^ IL 01 46 09 07 WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. The conditions in this endorsement replace any within 60 days after receipt of funds fat- similar conditions in the policy that are less favorable lowing satisfactory adjustment or adju- to the insured. dication of loss resulting from a fire; A. Cancellation c. Because of its physical condition, the 1. The first Named Insured shown in the Dec- structure is in danger of collapse; larations may cancel this policy by mailing d. Because of its physical condition,a va- or delivering to us advance written notice of cation or demolition order has been is- cancellation. sued for the structure, or it has been 2. We may cancel this policy by mailing or de- declared unsafe in accordance with ap- livering to the first Named Insured and the plicabie law; first Named insured's agent or broker written e. Fixed and salvageable items have been notice of cancellation, including the actual removed from the structure, indicating reason for the cancellation, to the last mail- an intent to vacate the structure; Ing address known to us, at least: 1. Without reasonable explanation, heat, a. 10 days before the effective date of water,sewer, and electricity are not fur- cancellation if we cancel for nonpay- fished for the structure for 60 consec- ment of premium;or utive days;or b. 45 days before the effective date of g. The structure is not maintained in sub- cancellation if we cancel for any other stantiat compliance with fire, safety and reason; building codes. except as provided in Paragraphs 3. and 4. 4. If: below. a. You are an individual; 3. We may cancel the Commercial Property b. A covered auto you own is of the Coverage Part and the Capital Assets Pro- "private passenger type";and gram(Output Policy) Coverage Part, if made a part of this policy, by mailing or delivering c. The policy does not cover garage, au- to the first Named Insured and the first tomobile sales agency, repair shop, Named Insured's agent or broker written no- service station or public parking place Lice of cancellation at least 5 days before the operations hazards; effective date of cancellation for any struc- we may cancel the Commercial Automobile ture where 2 or more of the following condi- Coverage Part by mailing or delivering to the tiaras exist: Named Insured and the first Named In- a. Without reasonable explanation, the sured's agent or broker written notice of structure is unoccupied for more than cancellation, including the actual reason for 60 consecutive days, or at least 65% of cancellation, to the last mailing address the rental units are unoccupied for more known to us: than 120 consecutive days unless the a. At least 10 days before the effective structure is maintained for seasonal cc- date of cancellation if we cancel for cupancy or is under construction or re- non a pair; p yment of premium;or b. Without reasonable explanation, pro- b. At least 10 days before the effective grass toward completion of permanent date of cancellation for any other reason if repairs to the structure has not occurred d the policy is in effect less than 30 days;or e ISO Properties, Inc..2006 0.01 46 09 07 Page 1 o13 EP ^•'REFRIUTEDFROM THE FORMS LIBRARY^•' c. At least 20 days before the effective not less than 97% of any unearned por- date of cancellation for other than non- lion in excess of$500. payment if the policy is in effect 30 days or more;or The cancellation will be effective even if d. At least 20 days before the effective we have not made or offered a refund. date of cancellation if the policy is in ef- B. if notice is mailed, proof of making wilt be tect for 60 days or more or is a renewal sufficient proof of notice. or continuation policy, and the reason 13. Changes for cancellation is that your driver's li- cense or that of any driver who cus- The policy contains all the agreements between tomarily uses a covered "auto" has you and us concerning the insurance afforded. been suspended or revoked during poi- The first Named Insured shown in the Declare- icy period. tions Is authorized to make changes in the terms 5. We will also mail or deliver to any mortgage of this policy with our consent. This policy's holder, pledgee or other person shown in #arms can be amended or waived only by en- this policy to have an interest in any lass oli issued by us and made a part of this p which may occur under this policy, at their policcement y. last mailing address known to us,written no- C. Examination Of Your Books And Records lice of cancellation,prior to the effective date of cancellation. If cancelfation is for reasons We may examine and audit your books and other than those contained in Paragraph A.3. records as they relate to this policy at any time du above, this notice will be the same as that the policy period and up to three years mailed or delivered to the first Named In- afterward. sured. If cancellation is for a reason con- D. Inspection And Surveys tailed in Paragraph A.3.above,we will mail or deliver this notice at least 20 days prior to 1. We have the right to: the effective data of cancellation, a. Make inspections and surveys at any 6. Notice of cancellation will state the effective time; date of cancellation. The policy period will b. Give you reports on the conditions we end on that date. find;and 7. If this policy is canceled, we will send the first Named insured any premium refund c. Recommend changes. due.It we cancel,the refund will be pro rata. 2. We are not obligated to make any in- tf the first Named Insured cancels,the refund spections, surveys, reports or recommenda- will be at least 90% of the pro rata refund fans and any such actions we do undertake unless the following applies: relate only to insurability and the premiums a. For Division Two — Equipment Break_ to be charged. We do not make safety in- . down, the first Named Insured can- spections. We do not undertake to perform Geis, the refund will be at least 75% of the duty of any person or organization to the pro rata refund, provide for the health or safety of workers or the public. And we do not warrant that con- b. If: ditions: (1) You are an individual; a. Are safe or healthful;or (2) A covered auto you own is of the b. Comply with laws, regulations,codes or "private passenger type"; standards. (3) The policy does not cover garage, 3. Paragraphs 1. and 2. of this condition apply automobile sales agency, repair not only to us, but also to any rating, advi- shop,service station or public park- spry, rate service or similar organization ing place operations hazards;and which makes insurance Inspections, sur- (4) The first Named Insured cancels; vet's, reports or recommendations the refund will be not less than 90% of 4. Paragraph 2.of this condition does not apply any unearned portion not exceeding to any inspections, surveys, reports or any plus unearned of any unearned portion recommendations we may make relative to over$100 but not exceeding$500, and certification, under state or municipal Page 2 of 3 • ""REPRINTED FEW THE FORMS LIBRARY" statutes, ordinances or regulations, of boil- premium,to the first Named Insured and ers, pressure vessels or elevators. the first Named Insured's insurance E. Premiums agent or broker, at least 20 days before the expiration date; The first Named Insured shown In the Declara- tions: b. Other coverage acceptable to the in- sured has been procured prior to the 1. Is responsible for the payment of all premi- expiration date of the policy;or urns;and c. The policy clearly states that it Is not 2. Will be the payee for any return premiums renewable, and is for a specific line, tYe pay subclassification, or type of coverage F. Transfer Of Your Rights And Duties Under that is not offered on a renewable basis. This Policy 2. if; Your rights and duties under this policy may not a. You are an individual; be transferred without our written consent except b. A covered auto you own is of the in the case of death of an individual named in- "private passenger type";and sured. If you die, your rights and duties will be trans- c. The policy does not cover garage, au- If to your legal representative but only while service le sales agency, repair place acting within the scope y service station or public parking place 9 cope of duties as your legal operations hazards; representative. Until your legal representative is appointed,anyone having proper temporary GUS- the following applies to nonrenewal of the tody of your property will have your rights and Commercial Automobile Coverage Part in duties but only with respect to that property. place of G.1.: G. Nonrenewal a. We may elect not to renew or continue this policy by mailing or delivering to you 1. We may elect not to renew this policy by and your agent or broker written notice mailing or delivering written notice of nonre- at least 20 days before the end of the newel,stating the reasons for nonrenewal,to policy period including the actual reason the first Named Insured and the first Named for nonrenewal. li the policy period is insureds agent or broker,at their last mailing more than one year, we will have the addresses known to us. We will also mall to right not to renew or continue it only at any mortgage holder, pledgee or other per- an anniversary of its original effective son shown in this policy to have an Interest date. if we offer to renew or continue in any loss which may occur under this poi- and you do not accept, this policy will icy, at their last mailing address known to us, terminate at the end of the current pot- written notice of nonrenewat.We will mail or icy period. Failure to pay the required deliver these notices at least 45 days before renewal or continuation premium when the: due shall mean that you have not ac- a. Expiration of the policy;or cepted our offer. b. Anniversary date of this policy if this b. We will not refuse to renew [lability Coverage or Collision Coverage solely policy has been written for a term of more than one year, because an Insured" has submitted claims under Comprehensive Coverage Otherwise, we Will renew this policy unless: or Towing and Labor Coverage, a. The first Named Insured fails to pay the c. If we fail to mail or deliver proper notice renewal premium after we have of nonrenewal and you obtain other in- expressed our willingness to renew, in- surance this policy will end on the ef- duding a statement of the renewal fective date of that insurance, IL 01 46 09 07 Pago 7 of 0 EP Verify Workers'Comp Premium Sta - Employer Liability Certificate Page 1 of 1 Washington State Department of Employer Liability Labor and Industries 4 Certificate Department of Labor and Industries Employer Liability Certificate Date: 05/01/2013 UBI #: 602 434 588 Legal Business Name: QUALITY CODE PUBLISHING LLC Account#: 075,149-00 'Doing Business As'Name: QUALITY CODE PUBLISHING LLC Estimated Workers Reported: Quarter 4 of Year 2012 "4 to 6 Workers" (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? No Account Representative: T1 /(360)902-4817 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation(See RCW 51.12.050 and 51.16.190). https://fortres s.wa.gov/lni/crpsi/AcctInfoPrint.aspx?AccountId=07514900&AccountManage... 5/1/2013 l '1 DATE(MMlDDIY1'YV) ACORO CERTIFICATE OF LIABILITY INSURANCE ki......--- 01:01;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 Kevin Greer NAME Paradigm Risk Management PHONE 312-332-6900 FAX 1016 West Jackson Blvd. irvC. E-M No,I:>dl lArc;No). E-MAIL RECEIVED Kevin Greer`a@prm-ins.com Chicago, IL 60607 RE ADDREss: _ f\C l i 1 V INSURER(S)AFFORDING COVERAGE NAIC X INSURER A: The Charter Oak Fire Insurance Company 25615 INSURED FEB 1 4 2074 INSURER B: Travelers Property Casualty Company of America 25674 Quality Code Publishing.LLC CITY CLER)<. INSURER c: Travelers Indemnity Company 19046 2150 N 107th Street.Ste 200 Seattle.WA 98133 CITY OF SEAL BEACH INSURER 0: Axis Insurance Company 37273 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 I 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 ADM SUER POLICY EFF r POLICY EXP --- UNITS -- LTR INSR WVD POLICY NUMBER :IMMIDDJYYYYI i IMMXIO YYYY) X COMMERCIAL GENERAL LIABLRY EACH OCCURRENCE S 1,000,000 CLAIMS MADE x'OCCUR - DAMAGE TO RENTED 1,000,000 P, MI$EBILACCurrancei S_ A P-630-4P243453-COF-24 01/01/2024 :01/01/2025 MEDEXP(MY One Person i S 10,000 PERSONAL(LADVINJURY S N/A GENI AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000.000 O- x POLICY JECT LOC PRODUCTS-COMPIOPAGG S 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGL.E LIMIT E 1,000,000 x ANY AUTO BODILY INJURY(Per person) S A OWNED SCHEDULED 810-4P247403-24-43-G 01/01/2024 01/01/2025 BODILY INJURY(Per accident) S AUTOS ONLY I AUTOS x HIRED x NOTN OWNED PROPERTY DAMAGE S AUTOS ONLY _ AUOS ONLY _,(Per accident) ___..... _- _ • - S )( UMBRELLA UAB r-x OCCUR '. EACH OCCURRENCE S 12,000.000 B EXCESS LIAB j CLAIMS-MADE CUP-4P258466-24-43 01/01/2024 01/01/2025 .AGGREGATE S 12,000,000 —DED RETENTIONS _ S +WORKERSCOMPENSATION x PER STRTUTE I0T AND EMPLOYERS'LIABILITY -- ANYPROPRIETOR+PARTNER+EXECUTIVE YIN EL EACH ACCIDENT $ 1,000,000 G. OFFICMEMBER EXCLUDED? I N I 1 N IA UB-4P245919-24-43-G 01/01/2024 01/01/2025 (MandatoEPJry In NH) E.L DISEASE-EA EMPLOYEE S 1,000,000 II yes.desmibe under �QESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 D Professional Liability P-001-000066542-06 01/01/2024 01101/2025 $10,000,000 Each $10,000,000 Annual Claim Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached If more space,s required) The City of Seal Beach, its elected or appointed officers,officials,employees,agents or volunteers are included as additional insureds if required by written contract or agreement,with the exception of Workers'Compensation or Professional Liability. Coverage is primary& non-contributory and Waiver of Subrogation if required by written contract or agreement and allowed by law. CERTIFICATE HOLDER CANCELLATION City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:City Clerk, THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN 211 8 Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach. CA 90740 AUTHORIZED REP i,•1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS (1) Any "bodily injury", "property damage" or The following is added to SECTION II — WHO IS AN "personal injury" arising out of the providing, INSURED: or failure to provide, any professional Any person or organization that you agree in a architectural, engineering or surveying written contract or agreement to include as an services, including: additional insured on this Coverage Part is an (a) The preparing, approving, or failing to insured, but only: prepare or approve, maps, shop a. With respect to liability for "bodily injury" or drawings, opinions, reports, surveys, "property damage" that occurs, or for "personal field orders or change orders, or the injury" caused by an offense that is committed, preparing, approving, or failing to subsequent to the signing of that contract or prepare or approve, drawings and agreement and while that part of the contract or specifications; and agreement is in effect; and b. If, and onlyto the extent that, such injury or (b) Supervisory, inspection, architectural or ry engineering activities. damage is caused by acts or omissions of you or your subcontractor in the performance of "your (2) Any "bodily injury" or "property damage" work" to which the written contract or agreement caused by "your work" and included in the applies. Such person or organization does not "products-completed operations hazard" qualify as an additional insured with respect to unless the written contract or agreement the independent acts or omissions of such specifically requires you to provide such person or organization. coverage for that additional insured during The insurance provided to such additional insured is the policy period. subject to the following provisions: c. The additional insured must comply with the a. If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum limits required by the written contract or (1) Give us written notice as soon as practicable agreement, the insurance provided to the of an "occurrence" or an offense which may additional insured will be limited to such result in a claim.To the extent possible, such minimum required limits. For the purposes of notice should include: determining whether this limitation applies, the (a) How, when and where the "occurrence" minimum limits required by the written contract or or offense took place; agreement will be considered to include the minimum limits of any Umbrella or Excess (b) The names and addresses of any injured liability coverage required for the additional persons and witnesses; and insured by that written contract or agreement. (c) The nature and location of any injury or This provision will not increase the limits of damage arising out of the "occurrence" insurance described in Section III — Limits Of Insurance. or offense. b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against insured does not apply to: the additional insured: CG D2 46 04 19 ©2018 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY Policy Number: P-630-4P243453-COF-24 (a) Immediately record the specifics of the (4) Tender the defense and indemnity of any claim or"suit" and the date received;and claim or "suit" to any provider of other (b) Notify us as soon as practicable and see insurance which would cover such additional to it that we receive written notice of the insured for a loss we cover. However, this claim or"suit" as soon as practicable. condition does not affect whether the insurance provided to such additional (3) Immediately send us copies of all legal insured is primary to other insurance papers received in connection with the claim available to such additional insured which or "suit", cooperate with us in the covers that person or organization as a investigation or settlement of the claim or named insured as described in Paragraph 4., defense against the "suit", and otherwise Other Insurance, of Section IV —Commercial comply with all policy conditions. General Liability Conditions. Page 2 of 2 ©2018 The Travelers Indemnity Company.All rights reserved. CG D2 46 04 19 Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (1) The "bodily injury" or"property damage" is the entire policy carefully to determine rights, duties and caused by an "occurrence"that takes place what is and is not covered. in the"coverage territory"; Throughout this policy the words "you" and "your' refer (2) The "bodily injury" or "property damage" to the Named Insured shown in the Declarations, and occurs during the policy period; and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is "our' refer to the company providing this insurance. An Insured and no "employee" authorized The word "insured" means any person or organization by you to give or receive notice of an qualifying as such under Section II — Who Is An "occurrence" or claim knew that the"bodily Insured. injury' or"property damage" had occurred, Other words and phrases that appear in quotation in whole or in part. If such a listed insured marks have special meaning. Refer to Section V — or authorized "employee" knew, prior to the Definitions. policy period, that the "bodily injury' or "property damage" occurred, then any SECTION I—COVERAGES continuation, change or resumption of such COVERAGE A—BODILY INJURY AND PROPERTY "bodily injury" or"property damage" during DAMAGE LIABILITY or after the policy period will be deemed to have been known prior to the policy period. 1. Insuring Agreement a. We will pay those sums that the insured c. "Bodily injury" or "property damage" which becomes legally obligated to pay as damages occurs during the policy period and was not, because of"bodily injury" or"property damage" prior to the policy period, known to have to which this insurance applies. We will have occurred by any insured listed under Paragraph the right and duty to defend the insured against 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive "suit"suit seeking those damages. However, we will have no duty to defend the insured notice of an "occurrence"or claim, includes any against any "suit" seeking damages for"bodily continuation, change or resumption of that injury' or "property damage" to which this "bodily injury" or "property damage" after the insurance does not apply. We may, at our end of the policy period. discretion, investigate any "occurrence" and d. "Bodily injury' or "property damage" will be settle any claim or"suit"that may result. But: deemed to have been known to have occurred (1) The amount we will pay for damages is at the earliest time when any insured listed limited as described in Section III — Limits under Paragraph 1. of Section II — Who Is An Of Insurance; and Insured or any"employee" authorized by you to give or receive notice of an "occurrence" or (2) Our right and duty to defend end when we claim: have used up the applicable limit of insurance in the payment of judgments or (1) Reports all, or any part, of the "bodily settlements under Coverages A or B or injury' or "property damage" to us or any medical expenses under Coverage C. other insurer; (2) Receives a written or verbal demand or No other obligation or liability to pay sums or claim for damages because of the "bodily perform acts or services is covered unless explicitly provided for under Supplementary injury or"property damage"; or Payments. (3) Becomes aware by any other means that b. This insurance applies to "bodily injury" and "bodily injury or "property damage" has "property damage"only if: occurred or has begun to occur. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: P 630 4P243453 COF 24 e. Damages because of "bodily injury' include (3) Any statute, ordinance or regulation relating damages claimed by any person or organization to the sale, gift, distribution or use of for care, loss of services or death resulting at alcoholic beverages. any time from the"bodily injury'. This exclusion applies only if you are in the 2. Exclusions business of manufacturing, distributing, selling, This insurance does not apply to: serving or furnishing alcoholic beverages. For a. Expected Or Intended Injury the purposes of this exclusion, permitting a person to bring alcoholic beverages on your "Bodily injury'or"property damage"expected or premises, for consumption on your premises, intended from the standpoint of the insured. whether or not a fee is charged or a license is This exclusion does not apply to"bodily injury" required for such activity, is not by itself or"property damage" resulting from the use of considered the business of selling, serving or reasonable force to protect persons or property. furnishing alcoholic beverages. b. Contractual Liability d. Workers' Compensation And Similar Laws "Bodily injury' or "property damage" for which Any obligation of the insured under a workers' the insured is obligated to pay damages by compensation, disability benefits or reason of the assumption of liability in a unemployment compensation law or any similar contract or agreement. This exclusion does not law. apply to liability for damages: e. Employer's Liability (1) That the insured would have in the absence "Bodily injury'to: of the contract or agreement;or Assumed in a contract or agreement that is (1) An "employee of the insured arising out of (2) and in the course of: an "insured contract", provided that the (a) Employment by the insured; or "bodily injury' or"property damage" occurs subsequent to the execution of the contract (b) Performing duties related to the or agreement. Solely for the purposes of conduct of the insured's business; or liability assumed in an "insured contract", (2) The spouse, child, parent, brother or sister reasonable attorneys' fees and necessary of that "employee" as a consequence of litigation expenses incurred by or for a party Paragraph (1)above. other than an insured will be deemed to be damages because of "bodily injury' or This exclusion applies whether the insured may "property damage", provided that: be liable as an employer or in any other capacity and to any obligation to share damages with or (a) Liability to such party for, or for the repay someone else who must pay damages cost of, that party's defense has also because of the injury. been assumed in the same "insured contract"; and This exclusion does not apply to liability assumed by the insured under an "insured (b) Such attorneys' fees and litigation contract". expenses are for defense of that party against a civil or alternative dispute f• Pollution resolution proceeding in which (1) "Bodily injury' or"property damage" arising damages to which this insurance out of the actual, alleged or threatened applies are alleged. discharge, dispersal, seepage, migration, c. Liquor Liability release or escape of"pollutants": "Bodily injury' or "property damage" for which (a) At or from any premises, site or any insured may be held liable by reason of: location which is or was at any time owned or occupied by, or rented or (1) Causing or contributing to the intoxication loaned to, any insured. However, this of any person; subparagraph does not apply to: (2) The furnishing of alcoholic beverages to a (i) "Bodily injury' if sustained within a person under the legal drinking age or building and caused by smoke, under the influence of alcohol;or fumes, vapor or soot produced by or originating from equipment that Page 2 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY is used to heat, cool or dehumidify to perform the normal electrical, the building, or produced by or hydraulic or mechanical functions originating from equipment that is necessary for the operation of used to heat water for personal "mobile equipment" or its parts, if use by the building's occupants or such fuels, lubricants or other their guests; operating fluids escape from a (ii) "Bodily injury' or "property vehicle part designed to hold, store damage" for which you may be or receive them. This exception held liable, if you are a contractor does not apply if the"bodily injury" and the owner or lessee of such or"property damage" arises out of premises, site or location has been the intentional discharge, dispersal added to your policy as an or release of the fuels, lubricants additional insured with respect to or other operating fluids, or if such your ongoing operations performed fuels, lubricants or other operating for that additional insured at that fluids are brought on or to the premises, site or location and such premises, site or location with the premises, site or location is not intent that they be discharged, and never was owned or occupied dispersed or released as part of by, or rented or loaned to, any the operations being performed by insured, other than that additional such insured, contractor or insured; or subcontractor; (iii) "Bodily injury" or "property (ii) "Bodilyinjury' or "property damage" arising out of heat, in try smoke or fumes from a "hostile damage" sustained within a sm fire"; building and caused by the release of gases, fumes or vapors from (b) At or from any premises, site or materials brought into that building location which is or was at any time in connection with operations being used by or for any insured or others for performed by you or on your behalf the handling, storage, disposal, by a contractor or subcontractor; or processing or treatment of waste; (c) If such "pollutants" are or were at any (iii) "Bodily injury' or "property damage arising out of heat, time transported, handled, stored, smoke or fumes from a "hostile treated, disposed of, or processed as waste by or for: fire"; or (i) Any insured; or (e) At or from any premises, site or (ii) location on which any insured or any Any person or organization for you may be legally contractors or subcontractors working whom responsible; directly or indirectly on any insured's behalf are or were at any time (d) At or from any premises, site or performing operations to test for, location on which any insured or any monitor, clean up, remove, contain, contractors or subcontractors working treat, detoxify or neutralize, or in any directly or indirectly on any insured's way respond to, or assess the effects behalf are performing operations if the of, "pollutants". "pollutants" are brought on or to the premises, site or location in connection (2) Any loss, cost or expense arising out of with such operations by such insured, any: contractor or subcontractor. However, this subparagraph does not apply to: (a) Request, demand, order or statutory or regulatory requirement that any insured (i) "Bodily injuy or "property or others test for, monitor, clean up, damage" arising out of the escape remove, contain, treat, detoxify or of fuels, lubricants or other neutralize, or in any way respond to, or operating fluids which are needed assess the effects of,"pollutants"; or CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: P-630-4P243453-COF-24 (b) Claim or suit by or on behalf of any (b) The operation of any of the machinery govemmental authority or any other or equipment listed in Paragraph f.(2) person or organization because of or f.(3) of the definition of "mobile testing for, monitoring, cleaning up, equipment"; or removing, containing, treating, (6) An aircraft that is: detoxifying or neutralizing, or in any way responding to, or assessing the (a) Chartered with a pilot to any insured; effects of,"pollutants". (b) Not owned by any insured;and g. Aircraft,Auto Or Watercraft (c) Not being used to carry any person or "Bodily injury' or"property damage" arising out property for a charge. of the ownership, maintenance, use or h. Mobile Equipment entrustment to others of any aircraft, "auto" or "Bodily injury" or"property damage" arising out watercraft owned or operated by or rented or of: loaned to any insured. Use includes operation and"loading or unloading". (1) The transportation of "mobile equipment" by an "auto" owned or operated by or This exclusion applies even if the claims rented or loaned to any insured; or against any insured allege negligence or other (2) The use of "mobile equipment" in, or while wrongdoing in the supervision, hiring, employment, training or monitoring of others by in practice for, or while being prepared for, that insured, if the "occurrence" which caused any prearranged racing, speed, demolition, the"bodily injury" or"property damage" involved or stunting activity. the ownership, maintenance, use or i. War entrustment to others of any aircraft, "auto" or "Bodily injury" or"property damage" arising out watercraft that is owned or operated by or of: rented or loaned to any insured. This exclusion does not apply to: (1) War, including undeclared or civil war; (1) A watercraft while ashore on premises you (2) Warlike action by a military force, including own or rent; action in hindering or defending against an actual or expected attack, by any (2) A watercraft you do not own that is: government, sovereign or other authority (a) 50 feet long or less; and using military personnel or other agents; or (b) Not being used to carry any person or (3) Insurrection, rebellion, revolution, usurped property for a charge; power, or action taken by governmental (3) Parking an "auto" on, or on the ways next authority in hindering or defending against any of these. to, premises you own or rent, provided the "auto" is not owned by or rented or loaned j. Damage To Property to you or the insured; "Property damage"to: (4) Liability assumed under any "insured (1) Property you own, rent, or occupy, contract"for the ownership, maintenance or including any costs or expenses incurred use of aircraft or watercraft; by you, or any other person,organization or (5) "Bodily injury" or"property damage" arising entity, for repair, replacement, out of: enhancement, restoration or maintenance of such property for any reason, including (a) The operation of machinery or prevention of injury to a person or damage equipment that is attached to, or part to another's property; of, a land vehicle that would qualify as "mobile equipment" under the definition (2) Premises you sell, give away or abandon, if of "mobile equipment" if such land the "property damage" arises out of any vehicle were not subject to a part of those premises; compulsory or financial responsibility (3) Property loaned to you; law, or other motor vehicle insurance (4) Personal property in the care, custody or law, where it is licensed or principally garaged; or control of the insured; Page 4 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, if n. Recall Of Products,Work Or Impaired the "property damage" arises out of those Property operations; or Damages claimed for any loss, cost or expense (6) That particular part of any property that incurred by you or others for the loss of use, must be restored, repaired or replaced withdrawal, recall, inspection, repair, because "your work" was incorrectly replacement, adjustment, removal or disposal performed on it. of: Paragraphs (1), (3) and (4) of this exclusion do (1) "Your product"; not apply to "premises damage". A separate (2) "Your work"; or limit of insurance applies to"premises damage" as described in Paragraph 6. of Section III — (3) "Impaired property'; Limits Of Insurance. if such product, work, or property is withdrawn Paragraph (2)of this exclusion does not apply if or recalled from the market or from use by any the premises are "your work" and were never person or organization because of a known or occupied, rented or held for rental by you. suspected defect, deficiency, inadequacy or dangerous condition in it. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed o. Personal And Advertising Injury under a sidetrack agreement. "Bodily injury" arising out of "personal and Paragraph (6) of this exclusion does not apply advertising injury'. to"property damage" included in the"products- p. Electronic Data completed operations hazard". Damages arising out of the loss of, loss of use k. Damage To Your Product of, damage to, corruption of, inability to access, "Property damage" to"your product" arising out or inability to manipulate"electronic data". of it or any part of it. However, this exclusion does not apply to I. Damage To Your Work liability for damages because of"bodily injury". "Property damage" to"your work" arising out of q. Unsolicited Communication it or any part of it and included in the"products- "Bodily injury" or"property damage" arising out completed operations hazard". of any actual or alleged violation of any law that This exclusion does not apply if the damaged restricts or prohibits the sending, transmitting work or the work out of which the damage or distributing of"unsolicited communication". arises was performed on your behalf by a subcontractor. r. Access Or Disclosure Of Confidential Or Personal Information m. Damage To Impaired Property Or Property Not Physically Injured "Bodily injury" or"property damage" arising out of any access to or disclosure of any person's "Property damage" to "impaired property' or or organization's confidential or personal property that has not been physically injured, information. arising out of: (1) A defect, deficiency, inadequacy or s. Asbestos dangerous condition in "your product" or (1) "Bodily injury' or"property damage" arising "your work"; or out of the actual or alleged presence or (2) A delay or failure by you or anyone acting actual, alleged or threatened dispersal of on your behalf to perform a contract or asbestos, asbestos fibers or products agreement in accordance with its terms. containing asbestos, provided that the "bodily injury' or "property damage" is This exclusion does not apply to the loss of use caused or contributed to by the hazardous of other property arising out of sudden and properties of asbestos. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: P 630 4P243453 COF 24 (2) "Bodily injury' or"property damage" arising employment-related practices described in out of the actual or alleged presence or Paragraph (a), (b), or(c)above is directed. actual, alleged or threatened dispersal of This exclusion applies whether the insured may any solid, liquid, gaseous or thermal irritant be liable as an employer or in any other capacity or contaminant, including smoke, vapors, and to any obligation to share damages with or soot, fumes, acids, alkalis, chemicals and repay someone else who must pay damages waste, and that are part of any claim or because of the"bodily injury'. "suit" which also alleges any "bodily injury" Exclusions c. through n. do not apply to "premises or "property damage" described in damage". A separate limit of insurance applies to Paragraph(1)above. "premises damage" as described in Paragraph 6.of (3) Any loss, cost or expense arising out of Section III—Limits Of Insurance. any: COVERAGE B—PERSONAL AND ADVERTISING (a) Request, demand, order or statutory or INJURY LIABILITY regulatory requirement that any insured 1. Insuring Agreement or others test for, monitor, clean up, a. We will pay those sums that the insured remove, contain, treat, detoxify or becomes legally obligated to pay as damages neutralize, or in any way respond to, or because of "personal and advertising injury" to assess the effects of, asbestos, which this insurance applies. We will have the asbestos fibers or products containing right and duty to defend the insured against any asbestos; or "suit" seeking those damages. However,we will (b) Claim or suit by or on behalf of any have no duty to defend the insured against any governmental authority or any other "suit" seeking damages for "personal and person or organization because of advertising injury" to which this insurance does testing for, monitoring, cleaning up, not apply. We may, at our discretion, removing, containing, treating, investigate any offense and settle any claim or detoxifying or neutralizing, or in any "suit"that may result. But: way responding to, or assessing the (1) The amount we will pay for damages is effects of, asbestos, asbestos fibers or limited as described in Section III — Limits products containing asbestos. Of Insurance; and t. Employment-Related Practices (2) Our right and duty to defend end when we "Bodily injury"to: have used up the applicable limit of (1) A person arising out of any: insurance in the payment of judgments or (a) Refusal to employ that person; settlements under Coverages A or B or (b) Termination of that person's medical expenses under Coverage C. employment; or No other obligation or liability to pay sums or (c) Employment-related practice, policy, perform acts or services is covered unless act or omission, such as coercion, explicitly provided for under Supplementary demotion, evaluation, reassignment, Payments. discipline, failure to promote or b. This insurance applies to "personal and advance, harassment, humiliation, advertising injury" caused by an offense arising discrimination, libel, slander, violation out of your business but only if the offense was of the person's right of privacy, committed in the "coverage territory' during the malicious prosecution or false arrest, policy period. detention or imprisonment applied to or 2. Exclusions directed at that person, regardless of whether such practice, policy, act or This insurance does not apply to: omission occurs, is applied or is a. Knowing Violation Of Rights Of Another committed before, during or after the "Personal and advertising injury" caused by or time of that person's employment; or at the direction of the insured with the (2) The spouse, child, parent, brother or sister knowledge that the act would violate the rights of that person as a consequence of"bodily of another and would inflict "personal and injury" to that person at whom any of the advertising injury'. Page 6 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY This exclusion does not apply to "personal against a civil or alternative dispute injury'caused by malicious prosecution. resolution proceeding in which b. Material Published With Knowledge Of damages to which this insurance Falsity applies are alleged. "Personal and advertising injury' arising out of f. Breach Of Contract oral or written publication, including publication "Advertising injury" arising out of a breach of by electronic means, of material, if done by or at contract. the direction of the insured with knowledge of g. Quality Or Performance Of Goods—Failure its falsity. To Conform To Statements c. Material Published Or Used Prior To Policy "Advertising injury" arising out of the failure of Period goods, products or services to conform with (1) "Personal and advertising injury'arising out any statement of quality or performance made of oral or written publication, including in your"advertisement". publication by electronic means, of material h. Wrong Description Of Prices whose first publication took place before the beginning of the policy period; or "Advertising injury" arising out of the wrong description of the price of goods, products or (2) "Advertising injury' arising out of services stated in your"advertisement". infringement of copyright, "title" or"slogan" in your "advertisement" whose first i• Intellectual Property infringement in your "advertisement" was "Personal and advertising injury' arising out of committed before the beginning of the any actual or alleged infringement or violation of policy period. any of the following rights or laws, or any other d. Criminal Acts "personal and advertising injury" alleged in any claim or "suit" that also alleges any such "Personal and advertising injury'arising out of a infringement or violation: criminal act committed by or at the direction of the insured. (1) Copyright; e. Contractual Liability (2) Patent; "Personal and advertising injury" for which the (3) Trade dress; insured has assumed liability in a contract or (4) Trade name; agreement. This exclusion does not apply to (5) Trademark; liability for damages. (6) Trade secret; or (1) That the insured would have in the absence of the contract or agreement; or (7) Other intellectual property rights or laws. (2) Because of "personal injury' assumed by This exclusion does not apply to: you in a contract or agreement that is an (1) "Advertising injury' arising out of any actual "insured contract", provided that the or alleged infringement or violation of "personal injury" is caused by an offense another's copyright, "title" or "slogan" in committed subsequent to the execution of your"advertisement"; or the contract or agreement. Solely for the purposes of liability assumed by you in an (2) Any other "personal and advertising injury' "insured contract", reasonable attorneys' alleged in any claim or "suit" that also fees and necessary litigation expenses alleges any such infringement or violation incurred by or for a party other than an of another's copyright, "title" or "slogan" in insured will be deemed to be damages your"advertisement". because of"personal injury', provided that: j. Insureds In Media And Internet Type (a) Liability to such party for, or for the Businesses cost of, that party's defense has also "Personal and advertising injury" caused by an been assumed by you in the same offense committed by an insured whose "insured contract"; and business is: (b) Such attorneys' fees and litigation expenses are for defense of that party (1) Advertising, "broadcasting"or publishing; CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 7 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: P-630-4P243453-COF-24 (2) Designing or determining content of neutralizing, or in any way responding to, or websites for others; or assessing the effects of, "pollutants". (3) An Internet search, access, content or o. War service provider. "Personal and advertising injury'arising out of: However, this exclusion does not apply to (1) War, including undeclared or civil war, Paragraphs a.(1), (2)and (3)of the definition of "personal injury". (2) Warlike action by a military force, including action in hindering or defending against an For the purposes of this exclusion: actual or expected attack, by any (1) Creating and producing correspondence government, sovereign or other authority written in the conduct of your business, using military personnel or other agents; or bulletins, financial or annual reports, or newsletters about your goods, products or (3) Insurrection, rebellion, revolution, usurped will not be considered the power, or action taken by governmental services bsiness of publishing; and authority in hindering or defending against any of these. (2) The placing of frames, borders or links, or p. Unsolicited Communication advertising, for you or others anywhere on "Personal and advertising injury' arising out of the Internet will not, by itself, be considered the business of advertising, "broadcasting" any actual or alleged violation of any law that or publishing. restricts or prohibits the sending, transmitting or distributing of"unsolicited communication". k. Electronic Chatrooms Or Bulletin Boards q. Access Or Disclosure Of Confidential Or "Personal and advertising injury' arising out of Personal Information an electronic chatroom or bulletin board the insured hosts or owns, or over which the "Personal and advertising injury" arising out of insured exercises control. any access to or disclosure of any person's or organization's confidential or personal I. Unauthorized Use Of Another's Name Or information. Product r. Asbestos "Personal and advertising injury' arising out of (1) "Personal and advertising injury"arising out the unauthorized use of another's name or of the actual or alleged presence or actual, product in your e-mail address,domain name or alleged or threatened dispersal of asbestos, metatag, or any other similar tactics to mislead asbestos fibers or products containing another's potential customers. asbestos, provided that the "personal and m. Pollution advertising injury' is caused or contributed "Personal and advertising injury' arising out of to by the hazardous properties of asbestos. the actual, alleged or threatened discharge, (2) "Personal and advertising injury'arising out dispersal, seepage, migration, release or of the actual or alleged presence or actual, escape of"pollutants"at any time. alleged or threatened dispersal of any solid, n. Pollution-Related liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, Any loss, cost or expense arising out of any: soot, fumes, acids, alkalis, chemicals and (1) Request, demand, order or statutory or waste, and that are part of any claim or regulatory requirement that any insured or "suit" which also alleges any"personal and others test for, monitor, clean up, remove, advertising injury" described in Paragraph contain, treat, detoxify or neutralize, or in (1)above. any way respond to, or assess the effects (3) Any loss, cost or expense arising out of of,"pollutants"; or any: (2) Claim or suit by or on behalf of any (a) Request, demand, order or statutory or governmental authority or any other person regulatory requirement that any insured or organization because of testing for, or others test for, monitor, clean up, monitoring, cleaning up, removing, remove, contain, treat, detoxify or containing, treating, detoxifying or neutralize, or in any way respond to, or Page 8 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY assess the effects of, asbestos, (3) Because of your operations; asbestos fibers or products containing provided that: asbestos; or (a) The accident takes place in the "coverage (b) Claim or suit by or on behalf of any territory"and during the policy period; govemmental authority or any other person or organization because of (b) The expenses are incurred and reported to testing for, monitoring, cleaning up, us within one year of the date of the removing, containing, treating, accident; and detoxifying or neutralizing, or in any (c) The injured person submits to examination, way responding to, or assessing the at our expense, by physicians of our choice effects of, asbestos, asbestos fibers or as often as we reasonably require. products containing asbestos. b. We will make these payments regardless of s. Employment-Related Practices fault. These payments will not exceed the "Personal injury"to: applicable limit of insurance. We will pay (1) A person arising out of any: reasonable expenses for: (a) Refusal to employ that person; (1) First aid administered at the time of an accident; (b) Termination of that person's (2) Necessary medical, surgical, X-ray and employment; or dental services, including prosthetic (c) Employment-related practice, policy, devices; and act or omission, such as coercion, (3) Necessary ambulance, hospital, demotion, evaluation, reassignment, professional nursing and funeral services. discipline, failure to promote or advance, harassment, humiliation, 2 Exclusions discrimination, libel, slander, violation We will not pay expenses for"bodily injury": of the person's right of privacy, a. Any Insured malicious prosecution or false arrest, To any insured, except"volunteer workers". detention or imprisonment applied to or directed at that person, regardless of b. Hired Person whether such practice, policy, act or To a person hired to do work for or on behalf of omission occurs, is applied or is any insured or a tenant of any insured. committed hefore, during or after the G. Injury On Normally Occupied Premises time of that person's employment; or To a person injured on that part of premises (2) The spouse, child, parent, brother or sister you own or rent that the person normally of that person as a consequence of occupies. "personal injury" to that person at whom any of the employment-related practices d. Workers'Compensation And Similar Laws described in Paragraph (a), (b), or (c) To a person, whether or not an "employee" of above is directed. any insured, if benefits for the"bodily injury"are This exclusion applies whether the insured may payable or must be provided under a workers' be liable as an employer or in any other capacity compensation or disability benefits law or a and to any obligation to share damages with or similar law. repay someone else who must pay damages e. Athletics Activities because of the"personal injury'. To a person injured while practicing, instructing COVERAGE C—MEDICAL PAYMENTS or participating in any physical exercises or 1. Insuring Agreement games, sports, or athletic contests. a. We will pay medical expenses as described f. Products-Completed Operations Hazard below for"bodily injury'caused by an accident: Included within the "products-completed (1) On premises you own or rent; operations hazard". (2) On ways next to premises you own or rent; g. Coverage A Exclusions or Excluded under Coverage A. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 9 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: P-630-4P243453-COF-24 SUPPLEMENTARY PAYMENTS assumed by the insured in the same "insured 1. We will pay, with respect to any claim we contract"; investigate or settle, or any"suit" against an insured d. The allegations in the"suit" and the information we defend: we know about the"occurrence" or offense are such that no conflict appears to exist between a. All expenses we incur. the interests of the insured and the interests of b. Up to$2,500 for the cost of bail bonds required the indemnitee; because of accidents or traffic law violations e. The indemnitee and the insured ask us to arising out of the use of any vehicle to which conduct and control the defense of that the Bodily Injury Liability Coverage applies. We indemnitee against such "suit" and agree that do not have to furnish these bonds. we can assign the same counsel to defend the c. The cost of bonds to release attachments, but insured and the indemnitee; and only for bond amounts within the applicable limit f. The indemnitee: of insurance. We do not have to furnish these (1) Agrees in writing to: bonds. (a) Cooperate with us in the investigation, d. All reasonable expenses incurred by the settlement or defense of the"suit"; insured at our request to assist us in the (b) Immediately send us copies of any investigation or defense of the claim or "suit", demands, notices, summonses or legal including actual loss of earnings up to $500 a papers received in connection with the day because of time off from work. "suit"; e. All court costs taxed against the insured in the (c) Notify any other insurer whose "suit". However, these payments do not include coverage is available to the indemnitee; attorneys' fees or attorneys' expenses taxed and against the insured. (d) Cooperate with us with respect to f. Prejudgment interest awarded against the coordinating other applicable insurance insured on that part of the judgment we pay. If available to the indemnitee; and we make an offer to pay the applicable limit of (2) Provides us with written authorization to: insurance, we will not pay any prejudgment interest based on that period of time after the (a) Obtain records and other information offer. related to the"suit"; and g. All interest on the full amount of any judgment (b) Conduct and control the defense of the that accrues after entry of the judgment and indemnitee in such"suit". before we have paid, offered to pay, or So long as the above conditions are met, attorneys' deposited in court the part of the judgment that fees incurred by us in the defense of that is within the applicable limit of insurance. indemnitee, necessary litigation expenses incurred These payments will not reduce the limits of by us and necessary litigation expenses incurred by insurance. the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the 2. If we defend an insured against a "suit" and an provisions of Paragraph 2.b.(2) of Section I — indemnitee of the insured is also named as a party Coverages — Coverage A — Bodily Injury And to the"suit", we will defend that indemnitee if all of Property Damage Liability or Paragraph 2.e. of the following conditions are met: Section I — Coverages — Coverage B — Personal a. The "suit" against the indemnitee seeks And Advertising Injury Liability, such payments will damages for which the insured has assumed not be deemed to be damages for "bodily injury', the liability of the indemnitee in a contract or "property damage" or"personal injury", and will not agreement that is an "insured contract"; reduce the limits of insurance. b. This insurance applies to such liability assumed Our obligation to defend an insured's indemnitee by the insured; and to pay for attorneys' fees and necessary c. The obligation to defend, or the cost of the litigation expenses as Supplementary Payments defense of, that indemnitee, has also been ends when: Page 10 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY a. We have used up the applicable limit of workers" while performing duties insurance in the payment of judgments, related to the conduct of your settlements or medical expenses; or business; b. The conditions set forth above, or the terms of (b) To the spouse, child, parent, brother or the agreement described in Paragraph f. above, sister of that co-"employee" or are no longer met. "volunteer worker" as a consequence SECTION II—WHO IS AN INSURED of Paragraph(1)(a)above; 1. If you are designated in the Declarations as: (c) For which there is any obligation to a. An individual, you and your spouse are share damages with or repay someone insureds, but only with respect to the conduct else who must pay damages because of a business of which you are the sole owner. of the injury described in Paragraph b. A partnership or joint venture, you are an (1)(a)or(b)above;or (d) Arising out of his or her providing or insured. Your members, your partners, and failing to provide professional health their spouses are also insureds, but only with respect to the conduct of your business. care services. c. A limited liability company, you are an insured. Unless you are in the business or occupation of providing professional health Your members are also insureds, but only with respect to the conduct of your business. Your care services, Paragraphs (1)(a), (b), (c) managers are insureds, but only with respect to and (d)above do not apply to bodily injury arising out of providing or failing to provide their duties as your managers. first aid or "Good Samaritan services" by d. An organization other than a partnership, joint any of your "employees" or "volunteer venture or limited liability company, you are an workers", other than an employed or insured. Your"executive officers" and directors volunteer doctor. Any such "employees" or are insureds, but only with respect to their "volunteer workers" providing or failing to duties as your officers or directors. Your provide first aid or "Good Samaritan stockholders are also insureds, but only with services" during their work hours for you respect to their liability as stockholders. will be deemed to be acting within the e. A trust, you are an insured. Your trustees are scope of their employment by you or also insureds, but only with respect to their performing duties related to the conduct of duties as trustees. your business. 2. Each of the following is also an insured: (2) "Property damage"to property: a. Your "volunteer workers" only while performing (a) Owned, occupied or used by, duties related to the conduct of your business, (b) Rented to, in the care, custody or or your "employccs", other than either your control of, or over which physical "executive officers" (if you are an organization control is being exercised for any other than a partnership, joint venture or limited purpose by; liability company)or your managers (if you are a you, any of your "employees", "volunteer limited liability company), but only for acts workers", any partner or member(if you are within the scope of their employment by you or a partnership or joint venture), or any while performing duties related to the conduct member if of your business. However, none of these company).( you are a limited liability "employe" or "volunteer workers" are insureds for: b. Any person (other than your "employee" or "volunteer worker"), or any organization, while (1) "Bodily injury"or"personal injury": acting as your real estate manager. (a) To you,to your partners or members(if c. Any person or organization having proper you are a partnership or joint venture), temporary custody of your property if you die, to your members (if you are a limited but only: liability company), to a co-"employee" while in the course of his or her (1) With respect to liability arising out of the employment or performing duties maintenance or use of that property; and related to the conduct of your (2) Until your legal representative has been business, or to your other "volunteer appointed. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 11 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: P-630-4P243453-COF-24 d. Your legal representative if you die, but only b. Arises out of the ownership, maintenance or with respect to duties as such. That use of that part of any premises leased to you. representative will have all your rights and The insurance provided to such premises owner, duties under this Coverage Part. manager or lessor is subject to the following e. Any person or organization that, with your provisions: express or implied consent, either uses or is a. The limits of insurance provided to such responsible for the use of a watercraft that you premises owner, manager or lessor will be the do not own that is: minimum limits that you agreed to provide in the (1) 50 feet long or less; and written contract or agreement, or the limits (2) Not being used to carry any person or shown in the Declarations, whichever are less. property for a charge. b. The insurance provided to such premises 3. Any organization you newly acquire or form, other owner, manager or lessor does not apply to: than a partnership, joint venture or limited liability (1) Any "bodily injury' or "property damage" company, and of which you are the sole owner or in that occurs, or "personal and advertising which you maintain an ownership interest of more injury" caused by an offense that is than 50%, will qualify as a Named Insured if there is committed, after you cease to be a tenant in no other similar insurance available to that that premises; or organization. However: (2) Structural alterations, new construction or a. Coverage under this provision is afforded only demolition operations performed by or on until the 180th day after you acquire or form the behalf of such premises owner, manager or organization or the end of the policy period, lessor. whichever is earlier, 5. Any person or organization that is an equipment b. Coverage A does not apply to "bodily injury" or lessor and that you have agreed in a written contract "property damage" that occurred before you or agreement to include as an additional insured on acquired or formed the organization; and this Coverage Part is an insured, but only with c. Coverage B does not apply to "personal and respect to liability for "bodily injury', "property advertising injury' arising out of an offense damage", or"personal and advertising injury'that: committed before you acquired or formed the a. Is "bodily injury' or "property damage" that organization. occurs, or is "personal and advertising injury' For the purposes of Paragraph 1. of Section II — caused by an offense that is committed, Who Is An Insured, each such organization will be subsequent to the signing of that contract or deemed to be designated in the Declarations as: agreement; and b. Is caused, in whole or in part, by your acts or a. An organization, other than a partnership, joint omissions in the maintenance, operation or use venture or limited liability company, or of equipment leased to you by such equipment b. A trust; lessor. as indicated in its name or the documents that The insurance provided to such equipment lessor is govern its structure. subject to the following provisions: 4. Any person or organization that is a premises a. The limits of insurance provided to such equipment lessor will be the minimum limits that owner, manager or lessor and that you have agreed You agreed to provide in the written contract or in a written contract or agreement to include as an agreement, or the limits shown in the additional insured on this Coverage Part is an Declarations, whichever are less. insured, but only with respect to liability for"bodily injury', "property damage" or "personal and b. The insurance provided to such equipment advertising injury that: lessor does not apply to any "bodily injury' or "property damage" that occurs, or "personal a. Is "bodily injury' or "property damage" that and advertising injury' caused by an offense occurs, or is "personal and advertising injury' that is committed, after the equipment lease caused by an offense that is committed, expires. subsequent to the signing of that contract or No person or organization is an insured with respect to agreement; and the conduct of any current or past partnership, joint Page 12 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a. The amount shown for the Damage To a Named Insured in the Declarations. This paragraph Premises Rented To You Limit in the does not apply to any such partnership, joint venture or Declarations of this Coverage Part; or limited liability company that otherwise qualifies as an b. $300,000 if no amount is shown for the insured under Section II—Who Is An Insured. Damage To Premises Rented To You Limit in SECTION III—LIMITS OF INSURANCE the Declarations of this Coverage Part. 1. The Limits of Insurance shown in the Declarations 7. Subject to Paragraph 5. above, the Medical and the rules below fix the most we will pay Expense Limit is the most we will pay under regardless of the number of: Coverage C for all medical expenses because of a. Insureds; "bodily injury"sustained by any one person. The Limits of Insurance of this Coverage Part apply b. Claims made or"suits"brought;or separately to each consecutive annual period and to any c. Persons or organizations making claims or remaining period of less than 12 months, starting with bringing"suits". the beginning of the policy period shown in the 2. The General Aggregate Limit is the most we will pay Declarations, unless the policy period is extended after for the sum of: issuance for an additional period of less than 12 months. In that case, the additional period will be a. Medical expenses under Coverage C; deemed part of the last preceding period for purposes of b. Damages under Coverage A, except damages determining the Limits of Insurance. because of"bodily injury' or"property damage" SECTION IV—COMMERCIAL GENERAL LIABILITY included in the "products-completed operations CONDITIONS hazard"; and 1. Bankruptcy c. Damages under Coverage B. Bankruptcy or insolvency of the insured or of the 3. The Products-Completed Operations Aggregate insured's estate will not relieve us of our obligations Limit is the most we will pay under Coverage A for under this Coverage Part. damages because of "bodily injury' and "property 2. Duties In The Event Of Occurrence,Offense, damage" included in the "products-completed operations hazard". Claim Or Suit 4. Subject to Paragraph 2. above, the Personal And a. You must see to it that we are notified as soon Advertising Injury Limit is the most we will pay as practicable of an "occurrence" or an offense under Coverage B for the sum of all damages which may result in a claim. To the extent because of all "personal injury' and "advertising possible, notice should include: injury'sustained by any one person or organization. (1) How, when and where the "occurrence" or 5. Subject to Paragraph 2. or 3. above, whichever offense took place; applies, the Each Occurrence Limit is the most we (2) The names and addresses of any injured will pay for the sum of: persons and witnesses; and a. Damages under Coverage A; and (3) The nature and location of any injury or b. Medical expenses under Coverage C; damage arising out of the "occurrence" or offense. because of all"bodily Injury' and "property damage" b. If a claim is made or "suit" is brought against arising out of any one"occurrence". any insured,you must: For the purposes of determining the applicable Each Occurrence Limit, all related acts or (1) Immediately record the specifics of the ornissions committed in providing or failing to claim or"suit"and the date received; and provide first aid or "Good Samaritan services" to (2) Notify us as soon as practicable. any one person will be deemed to be one You must see to it that we receive written notice "occurrence". of the claim or"suit"as soon as practicable. 6. Subject to Paragraph 5. above, the Damage To c. You and any other involved insured must: Premises Rented To You Limit is the most we will (1) Immediately send us copies of any pay under Coverage A for damages because of demands, notices, summonses or legal "premises damage" to any one premises. The papers received in connection with the Damage To Premises Rented To You Limit will be: claim or"suit"; CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 13 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: P 630 4P243453 COF 24 (2) Authorize us to obtain records and other (iii) An executive officer or director of information; any other organization; or (3) Cooperate with us in the investigation or (iv)A trustee of any trust; settlement of the claim or defense against the"suit"; and that is your partner, joint venture member, manager or trustee; or (4) Assist us, upon our request, in the enforcement of any right against any (b) Any employee authorized by such person or organization which may be liable partnership, joint venture, limited to the insured because of injury or damage liability company, trust or other to which this insurance may also apply. organization to give notice of an "occurrence"or offense. d. No insured will, except at that insured's own (3) Notice to us of such "occurrence" or cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for offense will be deemed to be given as soon first aid,without our consent. as practicable if it is given in good faith as soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation insurer. This applies only if above, but only for purposes of the insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as insured listed in Paragraph 1. or 2. of Section II practicable after any of the persons —Who Is An Insured: described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply. offense is known to you (if you are an However, if this policy includes an endorsement individual), any of your partners or that provides limited coverage for"bodily injury" members who is an individual (if you are a or "property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who is an individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of"pollutants" "executive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after its abrupt commencement, this joint venture, or limited liability company), Paragraph e.does not affect that requirement. any of your trustees who is an individual (if you are a trust) or any "employee" 3. Legal Action Against Us authorized by you to give notice of an No person or organization has a right under this "occurrence"or offense. Coverage Part: (2) If you are a partnership, joint venture, a. To join us as a party or otherwise bring us into limited liability company or trust, and none a"suit"asking for damages from an insured; or of your partners, joint venture members, b. To sue us on this Coverage Part unless all of managers or trustees are individuals, notice its terms have been fully complied with. to us of such "occurrence"or offense must A person or organization may sue us to recover on be given as soon as practicable only after an agreed settlement or on a final judgment against the"occurrence"or offense is known by: an insured; but we will not be liable for damages (a) Any individual who is: that are not payable under the terms of this Coverage Part or that are in excess of the (i) A partner or member of any applicable limit of insurance. An agreed settlement partnership or joint venture; means a settlement and release of liability signed by (ii) A manager of any limited liability us, the insured, and the claimant or the claimant's company; legal representative. Page 14 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number:P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ii) That is insurance for "premises If valid and collectible other insurance is available to damage"; the insured for a loss we cover under Coverages A (iii) If the loss arises out of the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described in Paragraphs a.and b. below. "autos" or watercraft to the extent As used anywhere in this Coverage Part, other not subject to any exclusion in this insurance means insurance, or the funding of Coverage Part that applies to losses,that is provided by,through or on behalf of: aircraft,"autos" or watercraft; (i) Another insurance company; (iv)That is insurance available to a premises owner, manager or (ii) Us or any of our affiliated insurance companies, lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4. of Section II— Occurrence Limit provision of Paragraph 5. of Who Is An Insured, except when Section III — Limits Of Insurance or the Non Paragraph d. below applies; or cumulation of Personal and Advertising Injury (v) That is insurance available to an Limit provision of Paragraph 4. of Section III — equipment lessor that qualifies as Limits of Insurance applies because the an insured under Paragraph 5. of Amendment — Non Cumulation Of Each Section II — Who Is An Insured, Occurrence Limit Of Liability And Non except when Paragraph d. below Cumulation Of Personal And Advertising Injury applies. Limit endorsement is included in this policy; (iii)Anyrisk retention group; or (b) Any of the other insurance, whether ( ) primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance. additional insured, or is any other Other insurance does not include umbrella insured that does not qualify as a insurance, or excess insurance, that was bought named insured, under such other specifically to apply in excess of the Limits of insurance. Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part. have no duty under Coverages A or B to As used anywhere in this Coverage Part, other defend the insured against any"suit" if any other insurer has a duty to defend the insurer means a provider of other insurance. As insured against that "suit". If no other used in Paragraph c. below, insurer means a insurer defends, we will undertake to do so, provider of insurance. but we will be entitled to the insured's rights a. Primary Insurance against all those other insurers. This insurance is primary except when (3) When this insurance is excess over other Paragraph b. below applies. If this insurance is insurance, we will pay only our share of the primary, our obligations are not affected unless amount of the loss, if any, that exceeds the any of the other insurance is also primary. sum of: Then, we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c. below, insurance would pay for the loss in the except when Paragraph d. below applies. absence of this insurance; and b. Excess Insurance (b) The total of all deductible and self- insured amounts under all that other (1) This insurance is excess over: insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss, if any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance (i) That is Fire, Extended Coverage, provision and was not bought specifically to Builder's Risk, Installation Risk or apply in excess of the Limits of Insurance similar coverage for"your work"; shown in the Declarations of this Coverage Part. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 15 of 21 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: P-630-4P243453-COF-24 c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete: by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of. or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit"is brought. (1) The"bodily injury' or"property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury' for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them.At our request. agreement by you. the insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed. proof of mailing will be sufficient the earned premium for that period and send notice to the first Named Insured. The due date proof of notice. for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods. products or services premium. we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication: and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods. products or services By accepting this policy,you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY 2. "Advertising injury': b. In, by or with any other electronic means of a. Means injury caused by one or more of the communication, such as the Internet, if that following offenses: material is part of: (1) Oral or written publication, including (1) Radio or television programming being publication by electronic means, of material transmitted; in your "advertisement" that slanders or (2) Other entertainment, educational, libels a person or organization or instructional, music or news programming disparages a person's or organization's being transmitted;or goods, products or services, provided that the claim is made or the"suit" is brought by (3) Advertising transmitted with any of such a person or organization that claims to have programming. been slandered or libeled, or that claims to have had its goods, products or services 6. "Coverage territory"means: disparaged; a. The United States of America (including its (2) Oral or written publication, including territories and possessions), Puerto Rico and publication by electronic means, of material Canada; in your"advertisement"that: b. International waters or airspace, but only if the (a) Appropriates a person's name, voice, injury or damage occurs in the course of travel photograph or likeness; or or transportation between any places included (b) Unreasonably places a person in a in Paragraph a.above; or false light; or c. All other parts of the world if the injury or (3) Infringement of copyright, "title" or"slogan" damage arises out of: in your "advertisement", provided that the (1) Goods or products made or sold by you in claim is made or the "suit" is brought by a the territory described in Paragraph a. person or organization that claims above; ownership of such copyright, "title" or "slogan". (2) The activities of a person whose home is in the territory described in Paragraph a. b. Includes "bodily injury" caused by one or more above, but is away for a short time on your of the offenses described in Paragraph a. business; or above. 3. "Auto"means: (3) "Personal and advertising injury" offenses that take place through the Internet or a. A land motor vehicle, trailer or semitrailer similar electronic means of communication; designed for travel on public roads, including provided the insured's responsibility to pay any attached machinery or equipment; or damages is determined in a "suit" on the merits in b. Any other land vehicle that is subject to a the territory described in Paragraph a.above, or in a compulsory or financial responsibility law, or settlement we agree to. other motor vehicle insurance law, where it is licensed or principally garaged. 7. "Electronic data" means information, facts or However, "auto" does not include "mobile programs stored as or on, created or used on, or transmitted to or from computer software (including equipment". systems and applications software), hard or floppy 4. "Bodily injury' means: disks, CD-ROMs, tapes, drives, cells, data a. Physical harm, including sickness or disease, processing devices or any other media which are sustained by a person; or used with electronically controlled equipment. b. Mental anguish, injury or illness, or emotional 8. "Employee" includes a "leased worker". "Employee" distress, resulting at any time from such does not include a"temporary worker". physical harm,sickness or disease. 9. "Executive officer" means a person holding any of 5. "Broadcasting" means transmitting any audio or the officer positions created by your charter, visual material for any purpose: constitution, bylaws or any other similar governing a. By radio or television;or document. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 17 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: P-630-4P243453-COF-24 10. "Good Samaritan services" means any emergency tracks, roadbeds, tunnel, underpass or medical services for which no compensation is crossing; demanded or received. (2) That indemnifies an architect, engineer or 11. "Hostile fire" means a fire which becomes surveyor for injury or damage arising out of: uncontrollable or breaks out from where it was (a) Preparing, approving, or failing to intended to be. prepare or approve, maps, shop 12. "Impaired property" means tangible property, other drawings, opinions, reports, surveys, than "your product" or "your work", that cannot be field orders, change orders or drawings used or is less useful because: and specifications; or a. It incorporates "your product" or "your work" (b) Giving directions or instructions, or that is known or thought to be defective, failing to give them, if that is the deficient, inadequate or dangerous; or primary cause of the injury or damage; b. You have failed to fulfill the terms of a contract or or agreement; (3) Under which the insured, if an architect, if such property can be restored to use by the engineer or surveyor, assumes liability for repair, replacement, adjustment or removal of"your an injury or damage arising out of the product" or"your work" or your fulfilling the terms of insured's rendering or failure to render the contract or agreement. professional services, including those listed in Paragraph (2) above and supervisory, 13. "Insured contract" means: inspection, architectural or engineering a. A contract for a lease of premises. However, activities. that portion of the contract for a lease of 14. "Leased worker" means a person leased to you by a premises that indemnifies any person or labor leasing firm under an agreement between you organization for "premises damage" is not an and the labor leasing firm, to perform duties related "insured contract"; to the conduct of your business. "Leased worker" b. A sidetrack agreement; does not include a"temporary worker". c. Any easement or license agreement, except in 15. "Loading or unloading" means the handling of connection with construction or demolition property: operations on or within 50 feet of a railroad; a. After it is moved from the place where it is d. An obligation, as required by ordinance, to accepted for movement into or onto an aircraft, indemnify a municipality, eNrept in connection watercraft or"auto"; with work for a municipality; b. While it is in or on an aircraft, watercraft or e. An elevator maintenance agreement; "auto"; or f. That part of any other contract or agreement c. While it is being moved from an aircraft, pertaining to your business (including an watercraft or "auto" to the place where it is indemnification of a municipality in connection finally delivered; with work performed for a municipality) under but "loading or unloading" does not include the which you assume the tort liability of another movement of property by means of a mechanical party to pay for "bodily injury', "property device, other than a hand truck,that is not attached damage" or "personal injury" to a third person to the aircraft, watercraft or"auto". or organization. Tort liability means a liability 16. "Mobile equipment" means any of the following that would be imposed by law in the absence of types of land vehicles, including any attached any contract or agreement. machinery or equipment: Paragraph f. does not include that part of any a. Bulldozers, farm machinery, forklifts and other contract or agreement: vehicles designed for use principally off public (1) That indemnifies a railroad for "bodily roads; injury' or "property damage" arising out of b. Vehicles maintained for use solely on or next to construction or demolition operations, premises you own or rent; within 50 feet of any railroad property and affecting any railroad bridge or trestle, c. Vehicles that travel on crawler treads; Page 18 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY d. Vehicles, whether self-propelled or not, b. An act or omission committed in providing or maintained primarily to provide mobility to failing to provide first aid or "Good Samaritan permanently mounted: services" to a person, unless you are in the (1) Power cranes, shovels, loaders, diggers or business or occupation of providing drills; or professional health care services. (2) Road construction or resurfacing 18. "Personal and advertising injury" means "personal equipment such as graders, scrapers or injury'or"advertising injury". rollers; 19. "Personal injury": e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are a. Means injury, other than "advertising injury", maintained primarily to provide mobility to caused by one or more of the following permanently attached equipment of the offenses: following types: (1) False arrest,detention or imprisonment; (1) Air compressors, pumps and generators, including spraying, welding, building (2) Malicious prosecution; cleaning, geophysical exploration, lighting (3) The wrongful eviction from, wrongful entry and well servicing equipment; or into, or invasion of the right of private (2) Cherry pickers and similar devices used to occupancy of a room, dwelling or premises raise or lower workers; that a person occupies, provided that the f. Vehicles not described in Paragraph a., b., c. wrongful eviction,wrongful entry or invasion or d. above maintained primarily for purposes of the right of private occupancy is other than the transportation of persons or committed by or on behalf of the owner, cargo. landlord or lessor of that room, dwelling or premises; However, self-propelled vehicles with the following types of permanently attached (4) Oral or written publication, including equipment are not "mobile equipment" but will publication by electronic means, of material be considered"autos": that slanders or libels a person or (1) Equipment designed primarily for: organization or disparages a person's or organization's goods, products or services, (a) Snow removal; provided that the claim is made or the"suit" (b) Road maintenance, but not is brought by a person or organization that construction or resurfacing;or claims to have been slandered or libeled, or (c) Street cleaning: that claims to have had its goods, products (2) Cherry pickers and similar devices or services disparaged;or mounted on automobile or truck chassis (5) Oral or written publication, including and used to raise or lower workers; and publication by electronic means, of material (3) Air compressors, pumps and generators, that: including spraying, welding, building (a) Appropriates a person's name, voice, cleaning, geophysical exploration, lighting photograph or likeness; or and well servicing equipment. However, "mobile equipment" does not include any (b) Unreasonably places a person in a land vehicle that is subject to a compulsory or false light. financial responsibility law, or other motor vehicle b. Includes "bodily injury" caused by one or more insurance law, where it is licensed or principally of the offenses described in Paragraph a. garaged. Such land vehicles are considered above. "autos". 20. "Pollutants" mean any solid, liquid, gaseous or 17. "Occurrence"means: thermal irritant or contaminant, including smoke, a. An accident, including continuous or repeated vapor, soot, fumes, acids, alkalis, chemicals and exposure to substantially the same general waste. Waste includes materials to be recycled, harmful conditions; or reconditioned or reclaimed. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 19 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: P-630-4P243453-COF-24 21. "Premises damage" means: contract calls for work at more than a. With respect to the first paragraph of the one job site. exceptions in Exclusion j. of Section I — (c) When that part of the work done at a Coverage A — Bodily Injury And Property job site has been put to its intended Damage Liability, "property damage" to any use by any person or organization other premises while rented to you for a period of than another contractor or seven or fewer consecutive days, including the subcontractor working on the same contents of such premises; or project. b. With respect to the exception to Exclusions c. Work that may need service, maintenance, through n. in the last paragraph of Paragraph 2. correction, repair or replacement, but which of Section I — Coverage A — Bodily Injury And is otherwise complete, will be treated as Property Damage Liability,"property damage"to completed. any premises while rented to you for a period of more than seven consecutive days, or while b. Does not include "bodily injury' or "property temporarily occupied by you with permission of damage"arising out of: the owner, caused by: (1) The transportation of property, unless the (1) Fire; injury or damage arises out of a condition in (2) Explosion; or on a vehicle not owned or operated by you, and that condition was created by the (3) Lightning; "loading or unloading"of that vehicle by any (4) Smoke resulting from fire, explosion or insured; lightning; or (2) The existence of tools, uninstalled (5) Water. equipment or abandoned or unused But "premises damage" under this Paragraph materials; or b. does not include "property damage" to any (3) Products or operations for which the premises caused by: classification, listed in the Declarations or in a policy Schedule, states that products- (1) Rupture, bursting, or operation of pressure relief ; completed operations are subject to the General Aggregate Limit. (2) Rupture or bursting due to expansion or 23. "Property damage" means: swelling of the contents of any building or structure caused by or resulting from water; a. Physical injury to tangible property, including all or resulting loss of use of that property. All such loss of use will be deemed to occur at the time of (3) Explosion of steam boilers, steam pipes, the physical injury that caused it; or steam engines or steam turbines. b. Loss of use of tangible property that is not 22. "Products-completed operations hazard": physically injured. All such loss of use will be a. Includes all "bodily injury" and "property deemed to occur at the time of the"occurrence" that caused it. damage" occurring away from premises you own or rent and arising out of"your product" or For the purposes of this insurance, "electronic data" "your work"except: is not tangible property. (1) Products that are still in your physical 24. "Slogan": possession;or a. Means a phrase that others use for the purpose (2) Work that has not yet been completed or of attracting attention in their advertising. abandoned. However, "your work" will be b. Does not include a phrase used as, or in, the deemed completed at the earliest of the name of: fdlowing times: (1) Any person or organization, other than you; (a) When all of the work called for in your or contract has been completed. (2) Any business, or any of the premises, (b) When all of the work to be done at the goods, products, services or work, of any job site has been completed if your person or organization, other than you. Page 20 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY 25. "Suit" means a civil proceeding in which damages (a) You; because of "bodily injury', "property damage" or (b) Others trading under your name; or "personal and advertising injury' to which this insurance applies are alleged."Suit"includes: (c) A person or organization whose business or assets you have acquired; a. An arbitration proceeding in which such and damages are claimed and to which the insured (2) Containers (other than vehicles), materials, must submit or does submit with our consent; parts or equipment furnished in connection or with such goods or products. b. Any other alternative dispute resolution b. Includes: proceeding in which such damages are claimed and to which the insured submits with our (1) Warranties or representations made at any consent. time with respect to the fitness, quality, durability, performance or use of "your 26. "Temporary worker' means a person who is product"; and furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- (2) The providing of or failure to provide term workload conditions. warnings or instructions. 27. "Title" means a name of a literary or artistic work. c. Does not include vending machines or other property rented to or located for the use of 28. "Unsolicited communication" means any others but not sold. communication, in any form, that the recipient of such communication did not specifically request to 31. "Your work": receive. a. Means: 29. "Volunteer worker' means a person who is not your (1) Work or operations performed by you or on "employee", and who donates his or her work and your behalf; and acts at the direction of and within the scope of (2) Materials, parts or equipment furnished in duties determined by you, and is not paid a fee, connection with such work or operations. salary or other compensation by you or anyone else for their work performed for you. b. Includes: 30. "Your product": (1) Warranties or representations made at any time with respect to the fitness, quality, a. Means: durability, performance or use of "your (1) Any goods or products, other than real work"; and property, manufactured, sold, handled, (2) The providing of or failure to provide distributed or disposed of by: warnings or instructions. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 21 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights. duties, and what is and is not covered. A. Non-Owned Watercraft—75 Feet Long Or Less H. Blanket Additional Insured — Governmental B. Who Is An Insured—Unnamed Subsidiaries Entities — Permits Or Authorizations Relating To Premises C. Who Is An Insured—Retired Partners, Members. Directors And Employees I. Blanket Additional Insured — Governmental D. Who Is An Insured — Employees And Volunteer Entities — Permits Or Authorizations Relating To Workers — Bodily Injury To Co-Employees. Co- Volunteer Operations Workers And Retired Partners, J. Incidental Medical Malpractice Members, Directors And Employees K. Medical Payments— Increased Limit E. Who Is An Insured — Newly Acquired Or Formed L. Amendment Of Excess Insurance Condition — Limited Liability Companies Professional Liability F. Blanket Additional Insured—Controlling Interest M. Blanket Waiver Of Subrogation—When Required G. Blanket Additional Insured — Mortgagees, By Written Contract Or Agreement Assignees, Successors Or Receivers N. Contractual Liability—Railroads PROVISIONS uses or is responsible for the use of a A. NON-OWNED WATERCRAFT — 75 FEET watercraft that you do not own that is: LONG OR LESS (1) 75 feet long or less; and 1. The following replaces Paragraph (2) of (2) Not being used to carry any person Exclusion g., Aircraft, Auto Or Watercraft, or property for a charge: in Paragraph 2. of SECTION I — B. WHO IS AN INSURED — UNNAMED COVERAGES — COVERAGE A — BODILY SUBSIDIARIES INJURY AND PROPERTY DAMAGE The following is added to SECTION II —WHO IS LIABILITY: AN INSURED: (2) A watercraft you do not own that is: Any of your subsidiaries, other than a partnership (a) 75 feet long or less: and or joint venture, that is not shown as a Named (b) Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge; if: 2. The following replaces Paragraph 2.e. of a. You are the sole owner of, or maintain an SECTION II—WHO IS AN INSURED: ownership interest of more than 50% in, such e. Any person or organization that, with subsidiary on the first day of the policy your express or implied consent, either period: and CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: P-630-4P243453-COF-24 b. Such subsidiary is not an insured under Unless you are in the business or occupation similar other insurance. of providing professional health care No such subsidiary is an insured for "bodily services, Paragraphs (1)(a), (b), (c) and (d) injury" or "property damage" that occurred, or above do not apply to "bodily injury' arising "personal and advertising injury" caused by an out of providing or failing to provide first aid offense committed: or"Good Samaritan services" by any of your retired partners, members, directors or a. Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% in such subsidiary; or retired partners, members, directors or b. After the date, if any, during the policy period "employees" providing or failing to provide that you no longer maintain an ownership first aid or "Good Samaritan services" during their work hours interest of more than 50% in such subsidiary. for you will be deemed to be For purposes of Paragraph 1. of Section II—Who actingby within the scope of their employment Is An Insured, each such subsidiarywill be youuor your performi duties related to the conduct of your business. deemed to be designated in the Declarations as: (2) "Personal injury': a. A limited liability company; (a) To you, to your current or retired b. An organization other than a partnership, partners or members (if you are a joint venture or limited liability company; or partnership or joint venture), to your c. A trust; current or retired members (if you are a as indicated in its name or the documents that limited liability company), to your other govern its structure. current or retired directors or "employees" while in the course of his or C. WHO IS AN INSURED—RETIRED PARTNERS, her employment or performing duties MEMBERS, DIRECTORS AND EMPLOYEES related to the conduct of your business, The following is added to Paragraph 2. of or to your other "volunteer workers" SECTION II—WHO IS AN INSURED: while performing duties related to the conduct of your business; Any person who is your retired partner, member, (b) To the spouse, child, parent, brother or director or"employee"that is performing services sister of that current or retired partner, for you under your direct supervision, but only for member, director, "employee" or acts within the scope of their employment by you "volunteer worker" as a consequence of or while performing duties related to the conduct Paragraph (2)(a) above; of your business. However, no such retired (c) For which there is any obligation to partner, member, director or "employee" is an share damages with or repay someone insured for: else who must pay damages because of the injury described in Paragraph (2)(a) (1) "Bodily injury': or(b) above; or (a) To you, to your current partners or (d) Arising out of his or her providing or members (if you are a partnership or failing to provide professional health care joint venture), to your current members services. (if you are a limited liability company) or to your current directors; (3) "Property damage"to property: (b) To the spouse, child, parent, brother or (a) Owned. occupied or used by; or sister of that current partner, member or (b) Rented to, in the care, custody or control director as a consequence of Paragraph (1)(a) above; of, or over which physical control is (c) For which there is any obligation to being exercised for any purpose by; share damages with or repay someone you, any of your retired partners, members else who must pay damages because of or directors, your current or retired the injury described in Paragraph (1)(a) "employees" or "volunteer workers", any or(b) above; or current partner or member (if you are a (d) Arising out of his or her providing or partnership or joint venture), or any current failing to provide professional health care member (if you are a limited liability services. company) or current director. Page 2 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED — EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS — BODILY INJURY designated in the Declarations as: TO CO-EMPLOYEES, CO-VOLUNTEER a. A limited liability company; WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES b. An organization other than a partnership, The followingis added to Paragraph 2.a.(1) of joint venture or limited liability company; or SECTION II—WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not c. A trust; apply to "bodily injury" to a current or retired co- as indicated in its name or the documents "employee" while in the course of the co- that govern its structure. "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED — duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1. The following is added to SECTION II — workers" or retired partners, members or WHO IS AN INSURED: directors while performing duties related to the conduct of your business. Any person or organization that has financial E. WHO IS AN INSURED—NEWLY ACQUIRED control of you is an insured with respect to OR FORMED LIMITED LIABILITY COMPANIES liability for "bodily injury", "property damage" or "personal and advertising injury" that The following replaces Paragraph 3. of arises out of: SECTION II—WHO IS AN INSURED: a. Such financial control; or 3. Any organization you newly acquire or form, b. Such person's or organization's other than a partnership or joint venture, and ownership, maintenance or use of of which you are the sole owner or in which premises leased to or occupied by you. you maintain an ownership interest of more than 50%, will qualify as a Named Insured if The insurance provided to such person or there is no other similar insurance available organization does not apply to structural to that organization. However: alterations, new construction or demolition a. Coverage under this provision is operations performed by or on behalf of such person or organization. afforded only: (1) Until the 180th day after you acquire 2. The following is added to Paragraph 4. of or form the organization or the end SECTION II—WHO IS AN INSURED: of the policy period, whichever is This paragraph does not apply to any earlier, if you do not report such premises owner, manager or lessor that has organization in writing to us within financial control of you. 180 days after you acquire or form it; G. BLANKET ADDITIONAL INSURED — or MORTGAGEES, ASSIGNEES, SUCCESSORS (2) Until the end of the policy period, OR RECEIVERS when that date is later than 180 days The following is added to SECTION II —WHO IS after you acquire or form such AN INSURED: organization, if you report such organization in writing to us within Any person or organization that is a mortgagee, 180 days after you acquire or form it; assignee, successor or receiver and that you b. Coverage A does not apply to "bodily have agreed in a written contract or agreement injury" or "property damage" that to include as an additional insured on this occurred before you acquired or formed Coverage Part is an insured, but only with the organization; and respect to its liability as mortgagee, assignee, successor or receiver for"bodily injury", "property c. Coverage B does not apply to "personal damage" or "personal and advertising injury" and advertising injury" arising out of an that: offense committed before you acquired a. Is "bodily injury" or "property damage" that or formed the organization. occurs, or is "personal and advertising injury' For the purposes of Paragraph 1. of Section caused by an offense that is committed, II — Who Is An Insured, each such CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: P-630-4P243453-COF-24 subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations. b. Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED — use of the premises for which that GOVERNMENTAL ENTITIES — PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on The following is added to SECTION II —WHO IS this Coverage Part. AN INSURED: The insurance provided to such mortgagee, assignee, successor or receiver is subject to the Any governmental entity that has issued a permit or authorization with respect to operations following provisions: performed by you or on your behalf and that you a. The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less. and advertising injury" arising out of such b. The insurance provided to such person or operations. organization does not apply to: The insurance provided to such governmental (1) Any "bodily injury" or "property damage" entity does not apply to: that occurs, or any "personal and a. Any "bodily injury", "property damage" or advertising injury" caused by an offense "personal and advertising injury" arising out that is committed, after such contract or of operations performed for the agreement is no longer in effect: or governmental entity; or (2) Any"bodily injury", "property damage" or b. Any "bodily injury" or "property damage" "personal and advertising injury" arising included in the "products-completed out of any structural alterations, new operations hazard". construction or demolition operationsJ. INCIDENTAL MEDICAL MALPRACTICE performed by or on behalf of such mortgagee, assignee, successor or 1. The following replaces Paragraph b. of the receiver. definition of "occurrence" in the H. BLANKET ADDITIONAL INSURED — DEFINITIONS Section: GOVERNMENTAL ENTITIES — PERMITS OR b. An act or omission committed in AUTHORIZATIONS RELATING TO PREMISES providing or failing to provide "incidental The following is added to SECTION II —WHO IS medical services", first aid or "Good AN INSURED: Samaritan services" to a person, unless you are in the business or occupation of Any governmental entity that has issued a permit providing professional health care or authorization with respect to premises owned services. or occupied by, or rented or loaned to, you and 2. The following replaces the last paragraph of that you are required by any ordinance, law, Paragraph 2.a.(1) of SECTION II — WHO IS building code or written contract or agreement to AN INSURED: include as an additional insured on this Unless you are in the business or occupation Coverage Part is an insured, but only with of providing professional health care respect to liability for "bodily injury", "property services, Paragraphs (1)(a), (b), (c) and (d) damage" or "personal and advertising injury" above do not apply to "bodily injury' arising arising out of the existence, ownership, use, out of providing or failing to provide: maintenance, repair, construction, erection or removal of any of the following for which that (a) "Incidental medical services" by any of governmental entity has issued such permit or your "employees" who is a nurse, authorization: advertising signs, awnings, nurse assistant, emergency medical canopies, cellar entrances, coal holes, technician, paramedic, athletic trainer, driveways, manholes, marquees, hoist away audiologist, dietician, nutritionist, Page 4 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy Number: P-630-4P243453-COF-24 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for"bodily injury that arises out of providing speech-language pathologist: or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees" or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS—INCREASED LIMIT or"volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III—LIMITS OF INSURANCE: services" during their work hours for you will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services". first aid or "Good Samaritan CONDITION—PROFESSIONAL LIABILITY services" to any one person will be deemed to be one"occurrence The following is added to Paragraph 4.b., Excess Insurance. of SECTION IV — 4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions. of SECTION I — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION — pharmaceuticals committed by, or with the knowledge or consent of the insured. WHEN REQUIRED BY WRITTEN CONTRACT 5. The following is added to the DEFINITIONS OR AGREEMENT Section: The following is added to Paragraph 8., Transfer "Incidental medical services" means: Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs; or CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: P-630-4P243453-COF-24 N. CONTRACTUAL LIABILITY—RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement: 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission.