Agenda packet — Beaumont City Council, December 17, 2024 (part 9 of 10)

City of Beaumont Agreement #
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professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.

12. Ownership of Documents; Audit.

12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.

12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement.

CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.

12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records.

13. Miscellaneous Provisions.

13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.

13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will

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be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.

13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.

CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.

13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.

13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.

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IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY: CONTRACTOR:

CITY OF BEAUMONT
By: By:
, Mayor
Print Name:

Title:

ATTEST:

By:
, Deputy City Clerk
APPROVED AS TO FORM:

By:
, City Attorney

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City of Beaumont Agreement #
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AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective upon signature, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and SKM ENGINEERING, LLC, a California limited liability company hereinafter called ("CONTRACTOR"), whose address is 533 West 2600 South, Suite 25, Bountiful, UT 84010.

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. CITY desires to engage CONTRACTOR to provide professional engineering services for SCADA programming system integration and related services for wastewater facilities; and
B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year(s) unless extended by the parties with the approval of the City Council of the CITY.

2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Professional Engineering Services per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal.

CONTRACTOR designates Mark Jeppsen, PE. as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.

3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors

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and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.

4. Compensation.

4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY.

Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed Seventy -Five Thousand Dollars ($75,000.00).

4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.

4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY's:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.

4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.

5. Obligations of CONTRACTOR.

5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the

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Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.

5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.

5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision.

5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.

5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.

5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States.

5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.

5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a

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drug -free workplace.

5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.

6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA. Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. CONTRACTOR shall provide the following types and amounts of insurance:

6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident. If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.

6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law.

The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.

6.04 Optional Insurance Coverage. Choose and check one: Required X /Not Required _; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.

7. General Conditions pertaining to Insurance Coverage

7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights

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of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.

7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

7.04 Self-insurance does not comply with these insurance specifications.

CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent.

7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

8. Indemnification.

8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.

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a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members ("Indemnified Parties") from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney's and consultants' fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death ("Claim(s)"), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR'S proportionate percentage of fault.

9. Additional Services, Changes and Deletions.

9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.

CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.

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9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.

10. Termination of Agreement.

10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.

10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.

11. Status of CONTRACTOR.

11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR'S independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement.

11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.

12. Ownership of Documents; Audit.

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12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.

13. Miscellaneous Provisions.

13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to

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which that party may be entitled.

13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

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IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as written above.

CITY: CONTRACTOR:

CITY OF BEAUMONT SKM Engineering, LLC.

By: By: 7,6'44 e
Mike Lara, City Mayor
Print Name: Mark Jeppsen
Title: Principal
ATTEST:

By:

Nicole Wheelwright, Deputy City Clerk
APPROVED AS TO FORM:

By:

John Pinkney, City Attorney

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10 save time — save energy — save money
i
Professional Engineering Services Proposal
City of Beaumont, SCADA Programming, System Integration and Related Services for Wastewater Facilities #WWTP24-3 November 2024
i
Electrical Instrumentation Controls
SCADA

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TABLE OF CONTENTS
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Cover Letter 1 Executive Sumary
Introduction 1 Information
Project Approach
Firm Profile
Firm Qualifications
Services
Areas of Expertise
Key Personnel Qualifications
References
Scope of Services
Cost Proposal (Seperate Document)
Related Project Experience
Insurance
Appendix
Key Personnel Resumes

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SECTION 1

COVER LETTER I EXECUTIVE SUMMARY

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1 skm
Kenyon Potter, Principal Engineer
City of Beaumont
550 E 6th Street
Beaumont, California 92223
save time - save energy - save money
November 5, 2024
RE: Cover Letter 1 Executive Summary
Professional Engineering Services Proposal for the SCADA Programming and System Integration and Related Services for Wastewater Facilities (WWTP 24-3) Dear Mr. Potter,
Thank you for the opportunity to submit our proposal for SCADA programming and system integration services for the City of Beaumont's Wastewater Treatment Plant (WWTP) and Lift Stations. We understand that the City is seeking a qualified consultant to support the integration of new pumps and control systems for maintenance and capital improvement projects.

Our team is fully equipped to serve as the City's Owner's System Integrator (OSI), providing comprehensive SCADA programming services both onsite and offsite, as needed. We are prepared to support the WWTP and other facilities, as well as the City's 12 lift stations, ensuring seamless coordination across all operations. Our experience ensures we deliver timely, cost-effective solutions, and all services will be carried out by individuals who meet the required education, certification, and experience standards.

We greatly value our relationship with the City and are committed to clear, efficient communication throughout the engineering process to manage resources and enhance system performance. SKM's strong reputation for delivering high-level technical services directly to municipalities and as a subconsultant to civil engineering firms allows us to provide the expertise needed for this project while maintaining an agile and innovative approach.

As the City's System Integrator and the Electrical, Instrumentation, and Control Engineer on the design team for the upgrades, we have the institutional knowledge to quickly and effectively execute this project. Our history with the City's wastewater facilities further eliminates any learning curve, allowing us to immediately begin work.

We look forward to supporting the City's operations and capital projects and appreciate your consideration of SKM for this important work.

Sincerely,
Mark Jeppsen, P.E. — Principal
SKM Engineering
Mark Jeppsen, P.E.
[email protected]
(801) 694-4529
SKM Engineering
533 W 2600 S Suite 25, Bountiful, UT 84010
a( 47O 1 of 1277
• skmeng.com
4 SECTION 2

INTRODUCTION / INFORMATION

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INTRODUCTION / INFORMATION
SKM Engineering has a long-standing history of providing high -quality engineering services. In 1999, we began collaborating with Aqua Engineering in Bountiful, Utah, to fill gaps in various wastewater projects. Over time, it became clear that there was a significant demand for dependable electrical engineering and system integration services, especially among smaller municipalities and districts. Over the past twenty- five years, we have grown steadily, focusing on quality and reliability. Today, our staff of 30 serves more than 100 clients of all sizes, including civil engineering firms. Our dual expertise as both electrical engineers and system integrators uniquely qualifies us to design and implement control systems effectively, leveraging both disciplines for seamless integration.

SKM Engineering, LLC is proud to submit this proposal for providing SCADA programming and System Integration services for the City of Beaumont Wastewater Treatment Plant (WWTP) and the City's 12 Lift Stations. Our firm has a deep understanding of the City's needs for qualified consultants to perform system integration and programming services, particularly in line with the installation of new pumps and controls as part of the City's maintenance and capital improvement projects.

If selected, SKM will initiate the project by meeting with key stakeholders to discuss control strategy modifications for the new pumps and EQ Basin. We will work closely with the design engineers, Webb and Aqua Engineering, with whom we already have a strong working relationship. Integration decisions will be made collaboratively, involving the City and the design team at every stage. Furthermore, SKM will maintain close coordination with the Contractor and ensure our presence onsite for all testing and commissioning activities.

At this time, SKM Engineering will be the primary consultant, and no sub -consultants have been proposed. Any future sub -consultants will be submitted to the City for approval before formalizing the agreement.

SKM Engineering brings extensive experience in system integration and SCADA programming for wastewater facilities, and we are well-equipped to help the City of Beaumont meet its objectives. With our focus on quality, reliability, and a close working relationship with the design engineers, we are confident in delivering exceptional services that ensure long-term operational success for the City.

Information
Firm: SKM Engineering, LLC
Contact: Mark Jeppsen, PEI [email protected] 1801-683-3760 Address: 533 W 2600 S, Suite 25, Bountiful, UT 84010
Telephone: 801-677-0011

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6 SECTION 3

PROJECT APPROACH

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PROJECT APPROACH
Once awarded the Contract, our team will initiate the project with a kick-off meeting with the City to coordinate the scope of services effectively. We will assign roles for the project which start with a Principal in Charge (Mark Jeppsen), an engineering lead (Jordan Gardner), and an integrator lead (Huck Fenn). The leads will be able to delegate work to other members of SKM's staff (approximately 30 individuals). The City is expecting our team to be well -qualified with vast experience in wastewater facilities and with expertise in electrical, controls, and SCADA.

Our team may be expected to provide our services for various projects such as:
✓ On -Call Support
✓ Master Planning
✓ Programming Standardization
✓ Electrical, instrumentation, and controls (EI&C) design ✓ Owner's System Integrator for Capital Improvement Projects ✓ System Integration Services (programming PLC's, touch screens, SCADA systems, etc.)
We assume that for each of these potential efforts, the City will coordinate with us on its needs and our team will put together a proposed scope and fee to perform the work. In addition, we expect that on a regular basis the City will ask our team to provide recommendations for control system needs as equipment becomes aged or software antiquated as technologies advance. Once the scope and fee are approved, the City would issue a work order to commence the work. At this point, our team would manage the project and work towards the deliverables outlined in the proposal.

Operator
Interfaces
Process
Diagrams
Telemetry
Control System Master
Planning and Design
Facility Maintenance
& On -Call Service
Network Design
and Implementation
Drafting
Loop
Drawings
PLC
Programming
Motor
Controls
Radio
Communications
Power Design
and Distribution
Electrical
Panels Design
HMI
Programming
Communications
Monitoring
Alarm
Dialers
3D HMI
Graphics
System
Integration
Instrumentation
Security
Systems
f

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SECTION 4

FIRM PROFILE

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FIRM PROFILE
SKM Engineering LLC (SKM) was founded on the principle of providing sound and proven electrical, instrumentation and control (El&C) engineering, along with dependable and prompt service at the best value. The SKM team possesses the knowledge, training, and hands-on experience required to meet El&C needs for your facilities. We possess a unique and fresh perspective and are recognized by our clients for our ability to solve challenging technical problems quickly with simple and cost effective solutions.

History
Established in 1989, SKM began providing these services primarily for power plants and oil refineries in the Rocky Mountain area. In the early 90s, we expanded our services to include water and wastewater facilities. In 1999 we began providing services to Aqua Engineering and permanently established our offices in Bountiful, Utah. Since then, we have provided our services to many other engineering firms and clients. We have had great success in the water/ wastewater industry which now constitutes approximately 80% of our work. SKM now provides services for over 100 clients throughout the United States and Canada.

We have progressively built a well-rounded staff of engineers, designers, programmers, and field technicians who together are capable of providing a complete solution from design to integration to maintenance. We currently employ 23 full-time employees and two contract employees. About forty percent of our workload is providing El&C design/engineering services.

Forty percent of our workload is providing EI&C systems integration/ programming services and 20% is providing maintenance and on -call support for existing El&C systems.

Dedicated to Client Service
With our extensive experience and expertise in PLC Programming and SCADA system engineering, SKM is prepared to meet the City of Beaumont's electrical engineering needs.

SKM employs a staff of highly trained and experienced electrical and control engineers with experience in electrical design, instrumentation and controls as well as technical expertise in PLC programming, HMI programming, design and implementation of SCADA/Telemetry systems and a variety of operator interfaces. SKM has developed a reputation of excellent customer service, resourcefulness, and sound engineering while servicing clients primarily in Utah, Nevada, Arizona, Idaho, California, Colorado, Wyoming and New Mexico. We believe in providing the client with the most innovative and cost-effective solutions for their system in order to optimize the process and maximize operator effectiveness. Our exclusive focus on wastewater and water systems provides clients with extensive process knowledge and understanding. We are dedicated to listening to our clients and working together we evaluate and select innovative and effective solutions.

Quality Control
SKM's program to produce a quality project includes client progress meetings to achieve consensus and avoid surprises. It also includes regular independent reviews by a senior engineer not associated with the project. The project manager is responsible for the quality of the deliverables. They oversee project schedules, project scope and budget, review the project regularly and monitor quality control procedures. Reviews are performed bythe project manager to insure the work effort is appropriate ancgbnital6yos and meets requirements.

AREAS OF EXPERTISE
PLC Programming
Our expertise includes programming of various manufacturers and models of PLCs. We have a sound understanding of how PLCs function and how to maximize their performance as well as the best methods of accessing data to/from operator interfaces and HMIs. We hold integrator service agreements and are particularly are experienced with the following PLC families:

Allen-Bradley — GE — Modicon — Control Microsystems — Automation Direct — Siemens HMI Programming
With a Variety of HMIs on the market, our expertise is with multiple HMI software packages.

Each of these packages has distinct strengths and weaknesses applicable to larger control systems. We stress the importance of making the HMI simple for operators to use and visually obvious so learning new functionalities is quick for every operator, regardless of computer abilities. We are fully capable of implementing the following HMIs:

Proficy iFix — Proficy iHistorian — ClearSCADA — Wonderware — Allen-Bradley FactoryTalk View — Ignition Inductive Automation
Operators Interfaces
Operator interfaces play a key role in the local operation of water and wastewater systems.

Operator interfaces enable operators to see data that is displayed on the SCADA at the local pump house. We have used and installed a variety of operator interfaces, including color and monochrome touch screens, text panels, and set point panels. We have installed from the following manufacturers:

Allen-Bradley — Modicon — Siemens — AutomationDirect — Red Lion — GE Network Design and Implementation
Complex SCADA systems require the design of complex networks for communications.

These networks are the backbone for the SCADA system, and reliability is always the key concern. We have designed many of these networks using the following:

Fiber Optics — Ethernet — RS -232 & 485 — Manufacturer Protocols (Like Modbus Plus) Radio Communications
Wireless capabilities in the past decade have improved dramatically and are easily implemented into SCADA systems. We have used licensed and unlicensed radios to acquire data from remote locations, depending on distances and line -of -sight restraints. We understand the benefits and limitations of wireless communications and are capable of making reasonable recommendations. We have installed radios from the following manufacturers:

Microwave Data Systems (MDS) — Trio — Freewave — Radwin — Cambium — Ubiquiti r

Page 1050 of 1277 ends

11 AREAS OF EXPERTISE
Electrical Panels Design
We have the capability of designing SCADA control panels as well as motor control panels with integrated PLCs. We use local panel shops and competitively bid out the panels to provide the client with the best possible price.

Alarm Dialers
Dialers have become an important part of SCADA systems with the recent homeland security policies. We include security features and alarming on failure of the SCADA system. These features coupled with traditional alarming make the control system function independently of external alarm systems.

Ignition — Win911 — Sensaphone — Raco
Drafting
We have a staff of CAD designers who have aided in the design of many control systems.

They have experience with process and instrumentation diagrams, control diagrams, onelines, control panel design, and all associated power and control diagrams.

Instrumentation
We can recommend the selection of key instruments and manufacturers for a control system.

We have installed, calibrated, and troubleshot many instruments a variety of systems. Below is a partial list of instruments we have experience with:

Flow Meters — Level Sensors — Pressure Sensors — Temperature Sensors — Chlorination & De -Chlorination — Water Quality Analyzers
Power Design and Distribution
SKM is capable of full power distribution and motor control design, including variable frequency drives, reduced voltage soft starts, motor starters, transformers, standby generators and more.
3D HMI Graphics
We offer the option of using unique three-dimensional graphics for your HMI. This makes the operator experience much more dynamic and user-friendly than typical two-dimensional graphics. By converting your facility to 3D, you can visualize each room in each building as it exists. The 3D look is clean, accurate, cost effective and produced as quickly as 2D interfaces.
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12 SECTION 5

KEY PERSONNEL QUALIFICATIONS

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SECTION 5 KEY PERSONNEL QUALIFICATIONS
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Mark Jeppsen, P.E. — Principal
Mr. Jeppsen has experience as an electrical, instrumentation and controls engineer in power design, controls engineering, process and instrumentation design, construction oversight, radio and telemetry systems, SCADA system design and integration and PLC and HMI design and integration for multiple wastewater collection and treatment systems. He is responsible for project development, management, schedule coordination and completion. He has worked as electrical design engineer and/or project manager for projects ranging from $10,000 to over $100 million.

Education: Professional Engineer:

BS Electrical Engineering UT, CA, NM, ID, WA
University of Utah, 2002
Ryan Pack, P.E. — Principal
Mr. Pack is an electrical and controls engineer with 16 years of experience in design, construction oversight, control systems, telemetry and SCADA systems. His experience includes source water, pressure systems, water treatment, industrial and waste water facilities. He has worked with OEMs developing their standard control systems and has aided in implementation in hundreds of facilities across the western hemisphere. Ryan has experience working with National and International clients specializing in aeration system controls. He is responsible for project development, management, schedule coordination and completion. He has managed design and control projects.

Education:

BS Electrical Engineering
University of Utah, 2002
MBA Weber State University, 2005
L. Allen Rogers, P.E. — Principal
Mr. Rogers is an engineer and designer with experience in electrical design, control systems,andTelemetryandSCADAsystems.Hehasassistedinthedesign,programming, startup and maintenance on several source water, water treatment, wastewater collection, and wastewater treatment projects. He has worked with many different programmable logic controllers including Allen Bradley, Control Microsystems, and Modicon. He has used many different operator interfaces including Allen Bradley, C -More, and Maple. He has experience with GE Fanuc iFix (Intellution) HMI software.

He has assisted in the design and installation of new systems, replacement of old systems, and expansion of existing systems.

Education: Professional Engineer:

BS Electrical Engineering
University of Utah, 2010
UT, OR
Tovey Ashby — Senior Programmer
Mr. Ashby is a senior programmer with experience in control system design, integration, and support. His experience includes source water, irrigation, water treatment, wastewater collection, and wastewater treatment. He has been responsible for the SCADA system programming, implementation, commissioning, and maintenance.

Mr. Ashby has also been on the forefront of developing programming standards implemented across SKM to help streamline project development and reduce programming bugs. This includes custom function blocks for repeatable code used in many systems and templates for HMI/SCADA systems software.

Education:

A.S. Electrical Automation and Robotics Technology, Utah Valley University, 2004 B.S. Technology Management, Utah Valley University, 2006

Page 1053 of 1277 ends

14 Section 5 Key Personnel Qualifications
Daniel Leavitt — Senior Designer / Drafter / 3D Graphic Artist Mr. Leavitt is an electrical drafter and 3D graphic artist with experience in electrical design, control systems, process, instrumentation and PLC design. His experience includes water treatment, wastewater collection and wastewater treatment. He has drafted power distribution of 120V and 480V systems, created lighting plans, schematics, conduit development, process and instrumentation diagrams and lighting panel schedules. He has also developed 3D graphics of many different mechanical process areas for controls for the PLC at multiple plants.

Education:

Salt Lake Community College, Architectural Drafting
ITT Technical Institute, AAS, Computer Drafting and Design William "Huck" Fenn — Lead Programmer
Mr. Fenn is a project manager/ senior controls engineer with significant experience with water treatment facilities. He is an expert at motor control, PLC's, HMI's and system communications. He has setup, calibrated and maintained all types of instrumentation found in a typical water and wastewater facility. He has overseen installation of equipment, testing activities as well as startup and commissioning activities. He understands and can write process flow diagrams and control narratives in order to integrate them into a PLC/control system. Mr. Fenn has vast experience with power distribution and motor controls including variable frequency drives and soft starters. He is able manage projects and clients. He is a self - directed and motivated worker who requires little to no supervision.

Doug Bigler — Controls Engineer
Mr. Bigler is a Controls Engineer with 20 years experience, 2 with SKM and 18 in industrial metals refining/mining. With a background in controls and project engineering, Doug has designed, programmed and implemented SCADA, PLC, HMI systems to meet customer needs. In addition to electrical controls, Doug has experience in industrial ventilation and mechanical design including, safety systems, environmental requirements, process controls, cost reduction, lean manufacturing.

David Miller — Network Engineering
Mr. Miller has two years of experience with SKM as a Controls Engineer, a total of 5 years of experience working on SCADA systems in both water treatment and natural gas industries, and over 20 years of experience in database development, software engineering, and software systems integration. At SKM David is responsible for developing and maintaining customized reports that clients use for regulatory compliance and reporting as well as giving them day to day insight into their system operations and performance. This includes work in developing and implementing customized modules based on the needs of individual systems as well as troubleshooting and maintenance both on systems that he has developed as well as legacy databases, reports, custom modules, and SCADA system interfaces for a wide array of clients.

Education:

B.S. Computer Science, Utah State University, 2003
M.S. Instructional Technology, Utah State University, 2005

Page 1054 of 1277 ends

15 SECTION 6

REFERENCES

Page 1055 of 1277 ends

SECTION 6 REFERENCES

ADDITIONAL REFERENCES
Kevin Hall, Manager
Central Weber Sewer I.D.
2618 West Pioneer Road
Ogden, UT 84404
(801) 731-3011
Jamey West, Project Manager
Salt Lake City WRF
2400 N 1365 W
Salt Lake City, UT 84116
(801) 799-4083
Chris Braun
Chief Technology Officer
Mountain Regional Water
PO Box 982320
Park City, Ut 84098
(435) 640-1982
Jill Jones, Manager
Central Davis Sewer District
2627 Shepherd Lane Kaysville
UT 84037
(801) 451-2190
Scott Rogers, President
Aqua Engineering
533 W. 2600 S. 275
Bountiful, UT 84010
(801) 299-1327
Jake Nostrom, Superintendent
Springville City
50 South Main Street
Springville, UT 84663
(801) 420-1272
Keith J. Hanson, Manager
Salt Lake County Service Area #3
P.O. Box 920067
Snowbird, Utah 84092-0067
(801) 278-9660
Raul Naranjo, Plant Manager
City of West Wendover
1875 Florence Way
West Wendover, NV 89883
(775) 664-2593
Corey Pierce, Superintendent
Spanish Fork City
40 South Main
Spanish Fork, UT 84660
(801) 804-4466
Jeff Hiatt, Superintendent
Payson City
1050 North Main Street
Payson, UT 84651
(801) 465-5277
Michelle Barry
Salt Lake City Dept of Public Utilities
1350 W. Temple
Salt Lake City, UT 84115
(801) 483-6782
Russ Ranck
Big Cottonwood WTP Manager
Salt Lake City Dept of Public Utilities
1350 W. Temple
Salt Lake City, UT 84115
(801) 943-6485
Brady Herd, Public Utilites Manager
Ogden City
2549 Washington Blvd.

Ogden, UT 84401
(801) 629-8000

Page 1056 of 1277 ends

17 SECTION 7

SCOPE OF SERVICES

Page 1057 of 1277 ends

SCOPE OF SERVICES
SKM will provide comprehensive system integration services for the City's wastewater facilities. These services will focus on Supervisory Control and Data Acquisition (SCADA) programming for new pump and control equipment at the City's Wastewater Treatment Plant (WWTP) and additional wastewater facilities as specified by the City. Serving as the Owner's System Integrator (OSI), our team will oversee the successful integration of the SCADA system and ensure efficient operation and monitoring of all assigned assets.

System Integration and SCADA Programming
Our team will implement SCADA programming for the new pump and control equipment installed at the WWTP, ensuring seamless communication, control, and data acquisition from all associated components. As the OSI, we will also manage SCADA programming for other wastewater facilities as directed by the City. This programming will support the integration of equipment, facilitate data reporting, and enhance overall operational efficiency.

Onsite and Offsite SCADA Programming
SCADA programming may be performed both onsite and offsite based on the City's direction. Our team will coordinate with the City to determine the most effective approach for each programming phase, ensuring compliance with the project's schedule and functional requirements. Onsite programming will provide real-time adjustments, while offsite work will focus on development and testing in a controlled environment.

Lift Station SCADA Integration
In addition to the WWTP, our scope includes support for the City's 12 wastewater lift stations. We will apply SCADA programming to these stations to enhance monitoring and control capabilities, integrating each lift station into the broader SCADA network.

Our goal is to facilitate a cohesive and easily manageable system across all facilities.

Standard Hourly Rates and Rate Negotiation
The subsequent section outlines our standard hourly rates for 2024, applicable to all labor categories involved in the project. We assume that these rates may be renegotiated at the start of each calendar year, subject to mutual agreement.

We look forward to continue to support the City in achieving seamless, efficient, and resilient wastewater management.
•

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19 SECTION 8

COST PROPOSAL (SUBMITTED AS SEPERATE FILE)

Page 1059 of 1277 ends

SECTION 9

RELATED PROJECT EXPERIENCE

Page 1060 of 1277 ends

Beaumont Treatment Plant Expansion and Salt Mitigation SCADA City of Beaumont, Beaumont, CA
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Our comprehensive involvement covers the evaluation and improvement of the SCADA system, network design, instrumentation and controls, system integration, construction management, and the selection of hardware and software components. This multi -faceted approach ensures the successful execution of the project and the effective modernization of the wastewater treatment plant. The team of Webb, AQUA and SKM completed the design in 2019 and recently engaged in the construction of the Wastewater Treatment Plant Expansion and Salt Mitigation Project for the City of Beaumont, our involvement is integral to addressing the challenges posed by the outdated and unreliable existing facilitythat lacked brine removal capabilities. The project unfolds in two phases. The initial phase encompasses enhancements at the headworks, influent pump station, installation of new fine screens, and the incorporation of a new aeration basin and MBR process. Subsequent to the completion of this initial phase, the second and final phase will introduce raw water equalization and solids handling, featuring the integration of two centrifuges.

Client Name:

Reference:

Contact Info:

Address:

Dates:

Total Fees:

City of Beaumont
Thaxton Van Belle, Plant Manager
P: (909) 496-56891E: [email protected]
550 E 6th St, Beaumont, CA 92223
11/2018 - 10/2021 (Re -Programming completed 02/2023)
$791 K
Team Members:

Adam Russell
Andy Wells
Carolee Hale
Daniel Leavitt
David Miller
Doug Bigler
Lindsey Stevens
Mark Jeppsen
Michael Johnson
Eun geol Kim
Allen Rogers
Ryan Pack
Tovey Ashby
William "Huck" Fenn
Features:
• SCADA System Evaluation and SCADA System Critical
• SCADA System Master Plan Workshops, Meeting
• Master Plan & Capital Spending Plan
• SCADA System Network Design
• Instrumentation and Controls Design
• System Integration
• Construction and Installation
• Startup and Commissioning
• Construction Management
• Improvements
• Hardware/Software Selection

Page 1061 of 1277 ends

22 Imperial Wastewater Treatment Plant SCADA Upgrades
Webb & Associates, Imperial, CA
The City of Imperial faced challenges in collaborating with the County to construct the initially planned facility at the County site. Consequently, enhancements to their existing facility became imperative while awaiting the construction of the larger Water Reclamation Facility (WRF). Recognizing this need, AQUA/WEBB devised a comprehensive upgrade for the existing WRF, expanding it into a state-of-the-art 2.4 membrane bioreactor (MBR) facility.

Addressing key elements of the existing infrastructure, the influent pump station underwent modifications to align with current electric codes and NFPA standards. Simultaneously, its capacity was bolstered with the integration of new pumps. Odor control measures were introduced to further enhance the facility's operations. Additionally, the fine screen facility underwent modifications, including the replacement of perforated plates on the existing screens to meet the 2mm screening requirement specified by the membrane supplier.

Significant advancements were made in the biological treatment aspect, with the installation of new activated sludge basins incorporating biological nutrient reduction strategies. To address the crucial solids separation stage of the treatment process, four membrane basins were constructed, utilizing cutting -edge Suez membranes. These membrane basins found a home in a dedicated building, which also houses permeate pumps, process and membrane blowers, an electrical room, membrane cleaning systems, effluent storage for backpulsing, additional administration space, storage, and provisions for a future closed -vessel UV disinfection system.

Acknowledging the importance of technology upgrades, the existing UV disinfection system underwent slight modifications to continue serving the facility efficiently. Furthermore, a new solids handling building has been erected, equipped with screw presses to facilitate solids dewatering at this WRF. The comprehensive project, encompassing facility enhancements and SCADA upgrades, comes with a total cost of $20,000,000.

Client Name:

Reference:

Contact Info:

Address:

Dates:

Total Fees:

Webb & Associates
Brian Knoll, Senior Vice President
P: 951.248.42791 E: brian.knoll@[email protected]
701 E 14th St, Imperial, CA, 92251
2006
$20M
Team Members & Specific Responsibilities:
• Adam Russell
• Daniel Leavitt
• Allen Rogers
• Mark Jeppsen
• Tovey Ashby

Page 1062 of 1277 ends

23 John Jones Water Treatment Plant SCADA Upgrade
City of Tracy, Utilities Department, Tracy, CA
The City of Tracy John Jones Water Treatment Plant features a surface water treatment plant with a robust 30 million gallons per day (mgd) capacity. Faced with an outdated SCADA system, SKM was chosen to revitalize the existing Wonderware infrastructure by implementing cutting -edge Ignition HMI software. Our comprehensive approach extended beyond software updates; we replaced aging controllers to enhance visibility into the plant's hardware. Furthermore, we seamlessly integrated 15 remote sites into the SCADA system, covering boosters, wells, and major pressure reducing valves (PRVs).

Client Name:

Reference:

Contact Info:

Address:

Dates:

City of Tracy, Utilities Department
Dave Carter, Water Production Supervisor
P: (209) 831-63021E: [email protected]
3900 Holly Drive, Tracy, CA 95304
2020
Team Members:

Adam Russell
Daniel Leavitt
David Miller
Allen Rogers
Lindsey Stevens
Mark Jeppsen
Mark Taylor
Michael Johnson
Tovey Ashby
Features:

Replacement of SCADA System: Updating the existing Wonderware system with Ignition HMI software
Removal of Tesco Gateway: Streamlining the system by eliminating obsolete components SNMP Monitoring of Servers: Implementing SNMP monitoring for enhanced server performance Advanced Ignition Training: Providing in-depth training on the advanced features of the Ignition HMI software PLC6, PLC7, PLC8 Addition:
• Design, Construct, and Install Panel: Developing and installing panels for the new PLC additions • PLC Programming: Implementing intricate programming for PLC6, PLC7, and PLC8 • HMI Programming: Crafting intuitive and efficient HMI interfaces • On -site Start-up: Ensuring a smooth on -site initiation of the newly integrated systems • SCADA System Training: Equipping personnel with the knowledge to operate the updated SCADA system effectively

Page 1063 of 1277 ends

24 Water Reclamation Facility 14 MGD Plant Expansion
Western Riverside County Regional Wastewater Authority (WRCRWA) SKM provided electrical, controls and instrumentation design for the second phase of an expansion project bringing the facility from 8 to 14 MGD. The plant will be upgraded and expanded to meet future needs and improve treatment.

Improvements include headworks, primary clarification, flow equalization, bio-reactor expansion, secondary clarification, tertiary filtration, chlorination, WAS thickening, conversion to anaerobic digestion, solar drying, and odor control. SKM's design efforts included rerouting the utility feed to the facility, modifications and additions to the existing power distribution, network and controls upgrades and efforts to enclose existing outdoor MCC's and control cabinets.

Client Name:

Reference:

Contact Info:

Address:

Dates:

Western Riverside County Regional Wastewater Authority
Tony Pollak, Wastewater Operations Manager
P: 951.789.5114 1 E: [email protected]
14634 River Rd, Eastvale, CA 92880
2019
Features:
• SCADA System Evaluation and SCADA System Critical
• SCADA System Master Plan Workshops, Meeting
• Master Plan & Capital Spending Plan
• SCADA System Network Design
Instrumentation and Controls Design
System Integration
• Construction and Installation
• Startup and Commissioning
• Construction Management
• Improvements
Hardware/Software Selection
Team Members
• Mark Jeppsen, PE
• Allen Rogers, PE
• Daniel Leavitt
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480 VOLTS

Page 1064 of 1277 ends

25 Ogden, UT
Central Weber Sewer Improvement District
Central Weber Sewer Improvement District WWTP System Integration 2004-2019
SKM has been the Systems Integrator for Central Weber for the past 10 years.

Over those years we have upgraded their antiquated PLC's, upgraded HMI software performed a 60MGD plant expansion and we upgraded their solids handling/dewatering controls. SKM successfully tied the SCADA system to their CMMS software. The SCADA system was setup with a redundant ring style network and we are utilizing Ignition for launching HMI clients over secure WiFi connections to tablets.

Central Weber Sewer Improvement District WWTP Expansion 2007-2012
In 2007 SKM joined with MWH and performed instrumentation and controls engineering for a new activated sludge plant that was constructed adjacent to the existing plant. SKM provided construction management services for the project and is also acting as systems integrator. SKM will provide 19 PLC panels and network cabinets. As the systems integrator, SKM programmed the PLCs and the HMIs throughout the plant and seamlessly integrated the new plant with the existing plant. Along with the process control SKM was also contracted to do the HVAC controls for the new plant expansion. The project included 14 air handling units in eight buildings. Allen-Bradley ControlLogix were used in each building. Several buildings utilized AB Flex remote 10 drops for air handling units. Operators were able to use Allen-Bradley OITs at each building to completely control the HVAC system. The HVAC system was also put on their overall SCADA system using the GE iFix platform.

Details
Location:

Completion:

Contract Value:

Contact:

Email:

Ogden, Utah
2004 - Present
$2.1M
Kevin Hall, (801) 731-3011
[email protected]
Highlights
■ SCADA System Network Design
■ Instrumentation & Controls Design
■ System Integration
■ Construction & Installation
■ Startup & Commissioning
■ Construction Management
nFor more information, Call (801) 677-0011 or Visit skmeng.com

Page 1065 of 1277 ends

26 EXPERIENCE AND REFERENCES
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Salt Lake City WRF Consulting Services,
Salt Lake City, UT
Jamey West, (801) 799-4083
[email protected]
Current
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Park City Water SCADA Upgrade
Park City, UT
Chad Busch, (435) 659-7372
[email protected]
Current
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Ogden City Water System SCADA
Upgrade , Ogden, UT
Brady Herd, (801) 629-8097
[email protected]
Current
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Metropolitan Water District of Sandy
and Salt Lake SCADA Planning and
Upgrades
Wayne Winsor (801) 942-9631
[email protected]
Current
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Central Weber SID WWTP
Kevin Hall (801) 731-3011
[email protected]
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Salt Lake City Big Cottonwood SCADA
Upgrade, Salt Lake City, UT
Michelle Barry, (801) 483-6782
[email protected]
2018
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Snyderville Basin East Canyon Water
Reclamation Facility, Summit County
Chad Burrell (435) 214-5238
[email protected]
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Sandy City SCADA Upgrade & Ongoing
Maintenance, Sandy, UT
Scott Ellis (801) 568-7193
2016
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Mountain Regional Water SSD SCADA
System Installation, Park City, Utah
Chris Braun, Chief Technology Officer
(435) 640-1982
[email protected]
2013-2015
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Page 1066 of 1277 ends

27 SECTION 10

INSURANCE

Page 1067 of 1277 ends

28 SECTION 10 INSURANCE
SKM Engineering is committed to maintaining comprehensive insurance coverage to safeguard our projects and ensure compliance with industry standards. We will hold professional liability insurance with a minimum coverage of one million dollars per occurrence, as well as workers' compensation insurance, and business auto coverage of one million dollars per accident.

Additionally, the City of Beaumont will be named as an additional insured on all applicable policies.

We confirm that all required insurance coverages will be in force at the time of contract execution.

We understand the importance of these protections and are dedicated to upholding the highest standards of risk management in our operations.

Insurance
American Insurance 1 448 South 400 East 1 Salt Lake City, Utah 84111 Contact: Mike Greene 1 P: 801.364.3434 ext. 638 1 E: [email protected] In addition to our general and proffessional liability, SKM carries a $5M Umbrella Liability policy.

Certificate of Insurance available upon request.

General Liability! Policy No. 34SBAIJ6668 Professional Liability 1 Policy No. DPR9938470 Each Occurance $1,000,000 Each Occurance $2,000,000
General Aggregate $2,000,000 Aggregate $2,000,000
Should you require any further documentation or details regarding our insurance policies, please do not hesitate to reach out.

Page 1068 of 1277 ends

29 APPENDIX A - KEY EMPLOYEE RESUMES

Page 1069 of 1277 ends

skm
Project Role
Electrical & Controls Engineer
Work Experience
25 Years
Education
BS Electrical Engineering
University of Utah, 2002
Registration
Professional Engineer:

UT, CA, NM, ID, IN, WA
Certification
Ignition Gold Certification
Specialties
- Electrical Engineering
- Control and SCADA Systems
Design & Integration
_ Network and Communications
Design and Integration
_ Water & Wastewater
_ Facilities Process Control and
Optimization
_ Project Management
Construction Management
skmeng.com
save time - save energy - save money
Mark R Jeppsen, P.E. - Principal
(801) 683-3760 - [email protected]
Location: 533 W 2600 S, Suite 25, Bountiful, UT 84010
•
Mr. Jeppsen is an electrical, instrumentation and controls engineer with 21 years of experience in power design, controls engineering, process and instrumentation design, industrial network design, construction oversight, radio and telemetry systems, SCADA system design and integration and PLC and HMI design and integration. He has designed and integrated multiple potable water, secondary water, water treatment, wastewater collection and wastewater treatment systems. Design tasks include facility power, motor power and control, SCADA systems, instrumentation selection and control, process and instrumentation diagrams, communications networks and systems, control loop diagrams and descriptions. Integration tasks include control and PLC panel design and construction, PLC, OIT and HMI programming and commissioning, radio system integration and testing, instrument calibration, automated reporting systems and operator training and documentation.

References
Michael Gill, Salt Lake City Dept. of
Public Utilities — Water Treatment
Plant Manager
P: 801-483-6812
E:[email protected]
Project Experience
Jamey West, Salt Lake City Dept.
of Public Utilities —
Water Reclamation Administrator
P: 801-799-4083
E: [email protected]
Kevin Hall, Central Weber Sewer
Improvement District — General
Manager
P: 801-731-3011
E: [email protected]
2009 - 2021:

Jurupa Community Services District (JCSD), Jurupa, CA — Electrical and Controls Engineer Mark has worked with JCSD on various projects over the years including the Regional Lift Station and various other lift stations. He has also was the lead electrical engineer on Wells 13, 27 & 28 as well as the JCSD-RCSD Booster Pump Station. Mark has worked closely with the District's controls engineer and O&M staff to develop designs drawings that are tailored to the District's standards. 2009 - Present:

Western Riverside County Regional Wastewater Authority (WRCRWA), Eastvale, CA — Electrical and Controls Engineer
In 2009 Mark led the electrical and control design for an aeration upgrade at the WRCRWA plant. This included a new blower building with associated controls for the existing oxidation ditches. In 2012 Mark was the lead electrical engineer for a complete plant expansion at WRCRWA which also included new network, PLC, and HMI systems. Since the completion of the expansion, Mark has provided services for several projects and has provided on -call support for the facility.
2006 — Present:

Salt Lake City, UT — Electrical and Controls Engineer
SKM has been providing services to Salt Lake City for their various water and wastewater facilities since 2006.

Mark is currently overseeing the implementation of a complete control system upgrade at the 50 MGD Water Reclamation Facility which includes control panel upgrades, PLC replacements and new HMI screens. SKM has designed a new WAS thickening facility and is currently designing a new Headworks facility. Mark is the lead engineer and project manager for electrical and controls upgrades at the 20 MGD Big Cottonwood Water Treatment Plant that will be completed in 2018.
2004 — Present:

Central Weber Sewer Improvement District, UT — Electrical and Controls Engineer SKM has been working for Central Weber Sewer Improvement District (CWSID) since 2004 by providing electrical designs, controls upgrades and system maintenance. Mark has managed upgrades at the plant as they have come, including upgrades for the influent pump building, utility water pump building and PLC & HMI upgrades.

In 2006 design began for a complete 60 MGD plant expansion and SKM was an integral part of the design and integration team. Construction for this project began in 2008 and was completed in 2012. 2004 — Present:

Sandy City, UT — Electrical and Controls Engineer
SKM provided the complete and operational SCADA System for Sandy City's Water System that was completed in 2005. Since then, SKM has provided incremental additions, improvements and maintenance including a new storm water system. The system consists of nearly 40 remote sites that consist of tanks, boosters and wells. In 2016 SKM provits14069 Dit n g12lerfpr the water and storm water systems.

Mark R Jeppsen, P.E. - Principal
Project Experience (continued)
2003 — Present:

Park City, UT — Electrical and Controls Engineer
SKM began working for Park City by providing the system integration for an iron, arsenic and manganese removal process at the Spiro Water Treatment Plant in 2003. In 2012, SKM provided the complete and operational SCADA System for the Quinn's Junction Water Treatment Plant, a microfiltration membrane process.

This included PLC & HMI programming, custom reports and historical data gathering and startup and commissioning. In 2016 SKM upgraded Park City's complete SCADA system which included their two water treatment plants and approximately 70 remote boosters, tanks, metering stations, PRV stations and well houses. 2003 — Present:

City of Tooele, UT — Electrical and Controls Engineer
Mark began working for the City of Tooele by providing electrical and controls maintenance at the City's Water Reclamation Facility. In 2011 Mark was the lead electrical engineer for the design, construction and integration of a plant expansion at the Water Reclamation Facility. In 2015 SKM began providing electrical and controls services for the City's culinary water system. 2002 — Present:

City of Payson, UT — Electrical and Controls Engineer
The Payson Wastewater Treatment Plant was upgraded in 2002. Mark successfully implemented the electrical design for the project, oversaw the construction, and integrated the control system. A new fiber optic network was successfully installed and improved the operation and reliability of the SCADA system.
1999 — Present:

Springville City, UT — Electrical and Controls Engineer Mark successfully designed and implemented the electrical and controls for two plant expansions at the Springville Wastewater Treatment Plant. The first expansion was in 1999 and the second in 2009. The expansions consisted of a new electrical service, new SCADA system and PLC replacements. SKM has been providing integration and maintenance services to the City since 1999. 1999 — Present:

Spanish Fork City, UT — Electrical and Controls Engineer In 1999 SKM began working for Spanish Fork City by upgrading the electrical and controls system for their primary pump station at the Wastewater Treatment Plant. In 2004, the plant was expanded and Mark was the lead electrical and controls engineer for the project. He successfully implemented the electrical design for the project, oversaw the construction, and integrated the control system. A new fiber optic network was successfully installed and improved the operation and reliability of the SCADA system. 1998 — Present:

West Wendover, NV — Electrical and Controls Engineer
Since 1998 SKM has been providing services to the City of West Wendover for their water and wastewater systems. In 1999-2000 SKM performed a SCADA System replacement for both systems that incorporated new radios and equipment for their well field and pipeline located 20 miles from the City. In 2011-2012 SKM provided the design engineering and integration for a new MBR facility at the Water Reclamation Facility.

Other Project Experience

Present: Beaumont City, CA. WWTP MBR and RO Expansion

Present: Las Gallinas, CA. WWTP Expansion

Present: City of Imperial, CA. WWTP MBR Facility Expansion

Present: Central Davis Sewer District, Kaysville, UT. WAS Thickening Addition
2016: Ogden City, UT. Water System SCADA Upgrade
2016: Provo City, UT. WWTP UV Building Addition and Headworks Upgrade 2015: Ogden City, UT. WTP Microfiltration Upgrade
2015: Provo City, UT. WWTP Master Plan
2014: Imperial, CA. WTP Controls Upgrade
2013: City of Elko, NV. WWTP Upgrade
2013: Fort Shafter Flats, HI. WWTP MBR Facility
2011: Las Gallinas, CA. WWTP Microfiltration Addition
2011: Provo City, UT. WWTP Centrifuge Facility Upgrade
2011: Orem City, UT. WWTP Expansion
2010: Taos, NM: WWTP MBR Facility Expansion
2010: Moroni, NM: WWTP MBR Facility
2009: Brigham City, UT. WWTP Expansion
2008: Heber, CA. WWTP Expansion
2008: Inscription Canyon Ranch, AZ. WWTP MBR Plant
2008: Edgewood City, NM. WWTP MBR Facility
2007: Gallup, NM. WWTP Expansion
2006: Jerome City, ID. WWTP MBR Facility
2005: Hyrum City, UT. WWTP MBR Facility
2003: Oakley City, UT. WWTP MBR Facility
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skm
Work Experience
18 Years
Education
BS Electrical Engineering
University of Utah, 2010
Registration
Professional Engineer:

Utah
Specialties
- Programming
- Project Management
- Design
- Electrical Design, Control
- Systems, Telemetry and SCADA
- systems
- Programmable Logic Controllers
- HMI
- Radios
skmeng.com
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•
Allen Rogers, P.E. - Principal
(801) 683-3765 - [email protected]
Mr. Rogers is a programmer and designer with experience in electrical design, control systems, and Telemetry and SCADA systems. Mr. Rogers has assisted in the design, programming, startup and maintenance on several source water, water treatment, wastewater collection, and wastewater treatment projects. Mr.

Rogers has experience with many different aspects of SCADA systems. He has worked with many different programmable logic controllers including Allen Bradley, Control Microsystems, and Modicon. He has used many different operator interfaces including Allen Bradley, C -More, and Maple. He has experience with GE Fanuc iFix (Intellution) HMI software. He has assisted in the design and installation of new systems, replacement of old systems, and expansion of existing systems. Mr. Rogers has worked with several different communication systems including radio, Ethernet, serial, and proprietary communication systems.

Mr. Rogers has also assisted in several path studies using licensed and unlicensed radios.

References
Isaac Kershner, Water Distribution
Manager I Park City, UT
P: 801-725-5331
E: [email protected]
Project Experience
Mike Cortez, District Engineer —
Las Gallinas Valley Sanitary District
P: 415-472-1033 ext 18
E: [email protected]
Lea Emmons, City of Tracy Water
Department
P: 209-831-6302
E: [email protected]
Las Gallinas Re -use Water Project, San Rafael, CA — Project Manager Mr. Rogers led the design team for the closed filter re -use water project in Las Gallinas. The system consisted of treating effluent with a GE Zpak system for irrigation use. Mr. Rogers recently finished construction oversight on the electrical portion of the project.

Gallup Water SCADA Replacement, Gallup, NM — Programmer Mr. Rogers assisted in the programming of the HMI and PLCs of the city's SCADA system. The project replaced over twenty remote sites during an installation time of two weeks.

Gallup Wastewater Expansion, Gallup, NM — Programmer
Mr. Rogers assisted in the programming of plant PLCs and the creation of loop diagrams for additions to the wastewater plant.

Lost Creek and Rockport Boosters, Summit County, UT — Programmer Mr. Rogers programmed the PLCs, operator interfaces, and HMI for the Lost Creek Booster expansion and the Rockport Booster stations. The main pump station had 10 pumps running at 500 PSI.

Mountain Regional Water, Summit County, UT — Programmer/Project Manager The system includes 40 remote sites, a treatment plant, and large booster pump system. Mr. Rogers is currently involved in setting up new radio networks and upgrading hardware and HMI software for the system.

Elko WWTP Upgrade, Elko, NV — Designer
Mr. Rogers assisted in the electrical design, load calculations, conduit schedules, and lighting plan for the Elko WWTP Headworks expansion project.

Elko WWTP Reporting, Elko, NV — Programmer
Mr. Rogers was responsible for the design and programming of a complete reporting package that integrated all reporting aspects of the plant from the lab, operator field readings, and HMI historical data into one database. Reports were then automatically generated from information contained in the database.

CWSID WWTP Upgrade, Ogden, UT — Designer
Mr. Rogers assisted in the design of the control system of the Central Weber Sewer Improvement District WWTP 60 MGD upgrade. He was responsible for developing many control loop specifications and aided in the creation of the process and instrumentation diagrams.

Page 1072 of 1277 ends

Allen Rogers, P.E. - Principal
Project Experience (continued)
Intrepid Potash, Carlsbad, NM — Programmer
Mr. Rogers was responsible for a large portion of the programming of an underground stacker/reclaimer system that involved a stacker, several conveyor belt systems, and a loading system.

Quinns Junction WTP, Park City, UT — Project Manager
Mr. Rogers was in charge of the integration of the Quinn's plant which included programming the plant PLC, HMI Software, and reporting for the plant. Mr.

Rogers's was also responsible for integrating the OEM Pall system into the plant HMI to create a seamless operating experience for the plant staff.

Salt Lake City WRF, Salt Lake City, UT — Project Manager Mr. Rogers just completed a network upgrade at the plant that installed a new fiber backbone throughout the plant and new CTC cabinets using Layer 2 and 3 Cisco switches in nineteen locations. Mr. Rogers is currently designing the replacement of the antiquated remote 10 system throughout the plant with new PLCs.

Page 1073 of 1277 ends

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skm
re
.41
t.

Work Experience
24 Years
Education
BS Electrical Engineering
University of Utah, 2002
MBA
Weber State University, 2005
Registration
Professional Engineer:

UT, ID, NV, WY, CO, H I, NM, NY, IA
Specialties
Electrical and Controls
Design
Construction Oversight
Control Systems
Telemetry and SCADA Systems
- Design
- Control Testing
Programming
Startup and Maintenance
Contracts
skmeng.com
save time - save energy - save money
•
Ryan Pack, P.E. - Principal
(801) 683-3761 - [email protected]
Mr. Pack has experience with many components of SCADA and controls. He has worked with controls as simple as relay logic and PID loop controllers thru complex radio controlled SCADA systems. He has worked with many different programmable logic controllers and Operator interfaces including Allen Bradley, Control Microsystems, GE, Koyo, Modicon, Siemens, and others. He has utilized many software packages for human machine interface including Allen Bradley, GE Proficy (Intellution), Wonderware, and National Instruments Lookout. He has designed and installed new systems, replaced old systems, and expanded existing control systems. Mr. Pack has worked with many communications systems including radio, fiberoptics, ethernet, serial, and proprietary communications systems such as controlnet and profibus. He has conducted numerous path studies, for both licensed and non - licensed radio communications systems. He has designed and installed radio telemetry systems with over 50 remote sites.

References
Omar Hammoud,
President APG Neuros
P: 450-939-0799
E: [email protected]
Project Experience
David Richards, Water Department
Engineer, City of Idaho Falls
P: 208-612-8471
E: [email protected]
Matt Meyers, South Davis
Sewer District Engineer
P: 801-295-3469
E: [email protected]
Lost Creek Project, Summit County, UT — Electrical/Controls Engineer Mr. Pack worked on this project in all aspects from the shallow wells to the treatment facility. Ryan designed Mountain Regional Water's SCADA system, and has continued working on the system since original installation.

He oversaw the programming and startup of the existing Lost Creek Canyon control system, and is extremely familiar with its layout, configuration, and applications. Ryan also worked on the design for the motor controls, power distribution, lighting, and instrumentation for this system.

Mountain Regional Water SCADA, Summit County, UT — Controls Engineer SKM designed a new SCADA system for the district that included all of the water distribution, raw water collection, and treatment. He worked with the water district to designed a new SCADA system that included all of the water distribution, raw water collection, and treatment. He worked with the water district to meet their monitoring, reporting, and control needs. Ryan coordinated the installation with their staff, and programmed much of the system. This included reporting, monitoring, alarming, and full control of the system. He continues to maintain the system with SKM's staff of service personnel.

Idaho Falls Water SCADA, Idaho Falls, ID — Controls Engineer SKM designed a backup power generation system for the water department, as well as the control interface between the Generator and the SCADA system. Mr. Pack is currently maintaining their water system SCADA and controls, and is under contract to perform programming on their upcoming additions.

Santaquin SCADA, Santaquin, UT — Controls Engineer
SKM designed a new SCADA system for the city that included all of the water distribution, wastewater collection, and wastewater treatment facility. Mr. Pack worked with the city to meet their monitoring and control needs, and provide a system that would work for them. He coordinated the installation with local trades, and aided in the programming of the system. This included reporting, monitoring, alarming, and full system control.

Summit Park Boosters, Summit County, UT — Electrical/Controls Engineer SKM worked on the electrical and controls design for the two pump stations, and flow control station required for this project. Mr. Pack designed the motor controls, instrumentation, and controls required to operate the facilities as required by Mountain Regional Water.

Bountiful City Water, Bountiful, UT — Electrical/Controls Engineer SKM has worked on numerous projects for the City of Bountiful. Mr. Pack has designed numerous motor control and distribution systems for wells and boosters for the city. He has worked with the department head to incorporate complete system control from the motor control enclosure for each of these sites.

Davis and Weber Counties Canal SCADA, Weber County, UT — Controls Engineer SKM is currently working on installation of a new SCADA monitoring system for the canal company. This includes the monitoring of all canal discharge flows, as well as monitoring of the primary canal flow. Ryan designed the radio network, control system, and aided the district in coordinating installation of required hardware. East Zion

Page 1074 of 1277 ends

Ryan Pack, P.E. - Principal
Project Experience (continued)
SCADA, East Zion SSD, UT. Electrical/Controls Engineer. Ryan Designed the Electrical, Controls, and SCADA system for this community's water system. This included phase conversion for the booster pumps, tank level monitoring, well control and communications between the sites. Ryan designed all of the motor controls and instrumentation for this project.

East Zion SCADA, East Zion SSD, UT — Electrical/Controls Engineer Ryan Designed the Electrical, Controls, and SCADA system for this community's water system. This included phase conversion for the booster pumps, tank level monitoring, well control and communications between the sites. Ryan designed all of the motor controls and instrumentation for this project.

Tanks
Big D Construction, Oakley Water Tank — Principal/Project Manager Driggs 1 MG Tank — Principal
Extreme Excavation and Landscaping Inc, Middle Valley Tank — Elevate Health Sciences, Elevate Health EQ Tank Design — Black Dolphin Consulting, LLC, Elko 5th Street Tank and Pump Station — Highlands Ranch Well and Tank — Project Manager

Page 1075 of 1277 ends

■

skm
Work Experience
17 Years
Education
AS Electrical Automation and
Robotics Technology,
Utah Valley University 2004
BS Technology Management,
Utah Valley University 2006
Specialties
Controls Engineering
- Industrial Network Design
- Radio and Telemetry Systems
- SCADA System Design and
Integration
PLC and HMI Design and
Integration
skmeng.com
save time - save energy - save money
Tovey Ashby - Senior Programmer
(801) 683-3763 - [email protected]
Location: 533 W 2600 S, Suite 25, Bountiful, UT 84010
Mr. Ashby has experience with many different aspects of SCADA systems. He has worked with many different programmable logic controllers including Allen Bradley, AutomationDirect, Control Microsystems, Siemens, GE, ControlWave and Modicon. He has used many different operator interfaces including Allen Bradley, Schneider Electric, Siemens, and AutomationDirect. He has extensive experience with Inductive Automation Ignition, GE Proficy iFix, FactoryTalk View and Wonderware HMI software. He also has extensive experience in scripting with VBA and other languages.

References
Isaac Kershner, Water Distribution
Manager 1 Park City, UT
P: 801-725-5331
E: [email protected]
Project Experience
Jared Gunderson, Wastewater
Treatment Foreman 1 Rexburg, ID
P: 208-716-1323
E: [email protected]
Jeff Hollingsworth, Wastewater
Plant Manager 1 Willard, UT
P: 801-745-5013
E: [email protected]
Salt Lake WWTP, SLC, UT — Programmer/Integrator
Mr. Ashby has developed streamlined templates and standards for the iFix SCADA system for SLC WWTP.

The system includes a redundant SCADA as well as a separate Historian Server along with several Thin Clients. The SCADA system includes custom trending features as well as historical filtering of alarms and other data.

Central Weber Sewer Improvement District, Ogden, UT — Programmer/Integrator Mr. Ashby has been integral with other SKM programmers in programming this plant and was forefront on developing/updating SKM's programming standards throughout the project. This system includes a redundant EtherNet network as well as radio communications and a Redundant SCADA system including reporting, alarming, security and video monitoring.

Richmond WWTP, Richmond, UT — Programmer/Integrator
Mr. Ashby was responsible for the programming of the PLCs, HMI, and touchscreens for the entire wastewater treatment plant. This system is a Kubota MBR. The HMI included system monitoring, reporting, alarming, and full system control.

Jerome WWTP, Jerome, ID — Programmer/Integrator
Mr. Ashby was responsible for the programming of the PLCs, HMI, and touchscreens for the entire wastewater treatment plant including a Kubota MBR system.

Wolf Creek WWTP, Eden, UT — Programmer/Integrator
Mr. Ashby was responsible for the programming of the PLCs, HMI, and touchscreens for the entire wastewater treatment plant. The Wolf Creek WWTP was a Zenon MBR plant and required complex programming and system controls.

Rupert WWTP, Rupert, ID — Programmer/Integrator
Mr. Ashby was responsible for the programming of the PLCs, HMI, and touchscreens for the majority of the wastewater treatment plant and also integrating control systems from multiple vendors into the SCADA system with ControlNet. The HMI included system monitoring, reporting, alarming and full system control.

The main PLC system is setup with redundant processors.

Kennecott Utah Copper, Magna, UT — Programmer/Integrator Mr. Ashby has been providing contract -programming services for KUCC for over 6 years. During this time he has provided general HMI maintenance, PLC maintenance to the tailings pump stations, the addition of pit area pump stations and multiple other projects. Also, he has provided general maintenance for the South Area Water system. Kennecott exclusively uses Allen Bradley control systems including PLC -5 / SLC / MicroLogix / ControlLogix / CompactLogix processors, various models of PanelView touchscreens, RSView SCADA Software and PowerFlex VFD's / Softstarts that communicate over a variety of protocols including EtherNet / DH+ / DeviceNet / RIO Modules.

Page 1076 of 1277 ends

Tovey Ashby - Senior Programmer
Project Experience (continued)
APG Neuros — Programmer
Mr. Ashby has transcribed the standard programs for APG Neuros Turbo Blowers from Allen Bradley into Siemens in various programming languages including LAD/FBD/STL/SCL.

Distribution and Treatment
Park City — Programmer/Integrator
Park City has two main divisions. Distribution and Treatment. The SCADA system entails redundant SCADA servers with communications to over 100 devices using various protocols including Allen-Bradley Ethernet/DeviceNet/ControlNet, Modbus TCP/IP and SNMP to PLC's, radios and analyzers. Man- agement is able to extract data on water and power usage using custom reports and dashboards. There are also communications between other SCADA systems of neighboring municipalities including Mountain Regional Water and Summit Water. This allows data to be shared to assist in management of systems. Mr. Ashby has been involved in mapping data between the different municipalities SCADA systems as well as re -writing queries and data management to be faster and more accurate. He has also worked on cleaning up interfaces to make the screens more user friendly and helped staff with learning how to program in Ignition so they can make minor adjustments on their own.

Wastewater Treatment
Metropolitan Water District of Salt Lake and Sandy — Programmer/Integrator Mr. Ashby was responsible for the upgrade of communications to power monitoring equipment from serial communications to Ethernet. This also entailed upgrading Redundant PLC's from ControlNet and DeviceNet to Ethernet. Motor Management Relays were replaced with updated hardware with Ethernet communications. Mr. Ashby developed repeatable communication logic to mesh communications from the new protocol to the existing logic in the PLC's while maintaining compatibility with communications to the existing SCADA software.

Mr. Ashby was responsible for conversion of a Lime Slaker system developed by another vendor from Wonderware to iFix. This entailed replicating func- tionality between the 2 different systems with differing capabilities while referencing a PLC program with no documentation.

Mr. Ashby has developed a pilot program for a remote system on Ignition hosted on a Linux operating system to test functionality and show the additional features available in the new software to the client. This involved conversion of the old system from iFix to Ignition while keeping PLC programming stan- dards intact and maintaining existing standards on the SCADA system. Pending success in the pilot system may result in the upgrade of the entire SCADA system to Ignition at both the treatment plants in Salt Lake and Sandy.

Water Distribution
Idaho Falls — Programmer/Integrator
Idaho Falls maintains a water system consisting of 19 wells and boosters. Mr. Ashby has been involved with the upgrade of the SCADA Software Proficy iFix to Ignition by Inductive Automation. Further, this was the first implementation of this major revision of software from the vendor. This upgrade includ- ed restructuring of the tag database and recreating animations with new bindings and scripting. He has also been involved with migrating historical from the old system to the new. Being a new version of software, bindings and animations and design needed to be restructured compared to past systems.

This involved some development of new standards and templates and datatypes being updated for this version of software.

Idaho Falls was the first system on a major revision change of SCADA software. Mr. Ashby worked to update standard templates and programming to work on the new software to be used for future projects. He has also updated screens and templates to utilize user -selectable color themes to be high performance to help operators view important data more easily. He has re-created reports on the new system using power tables and SQL queries to emulate reports from the old system that used an Excel Add -in.

Other Project Experience
Wendover WWTP - West Wendover, NV
Simplot Silica Sand Mine, Overton, NV
Bear River WCD - Brigham City, UT
JBS WWTP - Hyrum, UT
Taos WWTP - Taos, NM
Sedona Lift Stations - Sedona, AZ
Blue Mountain Energy Recovery - Blue Mountain, UT
Stansbury WWTP - Stansbury, UT
Jurupa WWTP - Jurupa, CA
Bear River WCD - Brigham City, UT
Gallup Water/Wastewater - Gallup, NM
Idaho Falls Water - Idaho Falls, ID
JBS WWTP - Hyrum, UT

Page 1077 of 1277 ends

■

skm
Work Experience
17 Years
Education
Salt Lake Community College,
Architectural Drafting
ITT Technical Institute, AAS,
Computer Drafting and Design
Specialties
- Electrical Water/Wastewater
- AutoCAD Electrical
- Sketchup
- Excel
- Bluebeam
- Photoshop
skmeng.com
save time - save energy - save money
Daniel Leavitt - Senior Designer / Drafter
(801) 683-3766 - [email protected]
Location: 533 W 2600 S, Suite 25, Bountiful, UT 84010
•
Mr. Leavitt is an electrical drafter and 3D graphic artist with experience in electrical design, control systems, process, instrumentation and PLC design. His experience includes water treatment, wastewater collection and wastewater treatment. He has drafted power distribution of 120V and 480V systems, created lighting plans, schematics, conduit development, process and instrumentation diagrams and lighting panel schedules. He has also developed 3D graphics of many different mechanical process areas for controls for the PLC at multiple plants.

Project Experience
Beaumont, CA Wastewater Treatment Plant Upgrade — Electrical Designer Create, designed and managed AutoCAD files for the project and coordinated with Civil Engineers. Created load calculations and schedules using excel to be implemented in the plan set.

Create lighting calculations for plant lighting. Provide Bluebeam PDFs and/or hardcopy prints for Engineer review/submittals. Developed 3D graphics for different process areas for PLC controls. Created an as -built set from the Electrical contractor's markups to be delivered to client.

Imperial, CA, WWTP MBR Upgrade — Electrical Designer
Create, design and manage AutoCAD files for the project. Create load calculations and schedules using excel to be implemented in the AutoCAD files.

Create lighting calculations for plant lighting. Provide Bluebeam PDFs and/or hardcopy prints for Engineer review/submittals.

Western Riverside County Regional Water Authority, CA WWTP Digester 3 Addition — Electrical Designer Create, design and manage AutoCAD files for the project. Create load calculations and schedules using excel to be implemented in the AutoCAD files. Provide Bluebeam PDFs and/or hardcopy prints for Engineer review/submittals.

Las Gallinas, CA Sanitary District Water Treatment Facility — Electrical Designer Create, design and manage AutoCAD files for the project. Create load calculations and schedules using excel to be implemented in the AutoCAD files.

Create lighting calculations for plant lighting. Provide Bluebeam PDFs and/or hardcopy prints for Engineer review/submittals.

West Bountiful, UT, South Davis Sewer District South Plant — Electrical Designer Create, design and manage AutoCAD files for the project and coordinate with Civil Engineers. Create load calculations and schedules using excel to be implemented in the plan set.

Create lighting calculations for plant lighting. Provide Bluebeam PDFs and/or hardcopy prints for Engineer review/submittals.

Spanish Fork, UT Water Reclamation Facility - Panel Drawings — Electrical Designer Create, design, and manage AutoCAD files for the project and coordinate with electrical engineers.

Create panel and terminal block layouts, panel power and I/O diagrams.

Provide Bluebeam PDFs and/or hardcopy prints for Engineer review/submittals/shop drawings.

North Salt Lake, UT Wasatch Resource Recovery — Electrical Designer Create, design and manage AutoCAD files for the project. Create load calculations and schedules using excel to be implemented in the AutoCAD files. Provide Bluebeam PDFs and/or hardcopy prints for Engineer review/submittals.

Rexburg, ID Water Reclamation Facility Upgrades Phase 1 & 2 — Electrical Designer Create, design and manage AutoCAD files for the project. Create load calculations and schedules using excel to be implemented in the AutoCAD files.

Create lighting calculations for plant lighting. Provide PDFs and/or hardcopy prints for Engineer review/ submittals.

Page 1078 of 1277 ends

Daniel Leavitt - Senior Designer / Drafter
Project Experience (continued)
Holden, WA, Rio Tinto Mine Water Treatment Plant — Electrical Designer Create, design and manage AutoCAD files for the project. Create load calculations and schedules using excel to be implemented in the AutoCAD files.

Create lighting calculations for plant lighting. Provide PDFs and/or hardcopy prints for Engineer review/submittals.

Las Vegas, NV, Final Treatment Building — Electrical Designer Create, design and manage AutoCAD files for the project. Create load calculations and schedules using excel to be implemented in the AutoCAD files.

Provide PDFs and/or hardcopy prints for Engineer review/submittals.

Western Riverside County Regional Water Authority, CA WWTP Plant Upgrade — Electrical Designer Create, design and manage AutoCAD files for the project. Create load calculations and schedules using excel to be implemented in the AutoCAD files.

Provide PDFs and/or hardcopy prints for Engineer review/submittals.

Fort Shafter, HI, Water Reclamation Facility — Electrical Designer Create, design and manage AutoCAD files for the project. Create load calculations and schedules using excel to be implemented in the AutoCAD files.

Provide PDFs and/or hardcopy prints for Engineer review/submittals.

HMI 3D Graphics
Beaumont, CA Wastewater Treatment Plant Upgrade — Graphics Artist Create, design and manage Sketchup files for the project. Render 3D Sketchup files for a more realistic appearance. Provide high resolution images from the renderings using Photoshop for the electrical programmers to implement into the HMI/SCADA system.

Rexburg, ID Water Reclamation Facility Upgrades Phase 1 & 2 — Graphics Artist Create, design and manage Sketchup files for the project. Render 3D Sketchup files for a more realistic appearance. Provide high resolution images from the renderings using Photoshop for the electrical programmers to implement into the HMI/SCADA system.

Western Riverside County Regional Water Authority, CA WWTP Plant Upgrade — Graphics Artist Create, design and manage Sketchup files for the project. Render 3D Sketchup files for a more realistic appearance. Provide high resolution images from the renderings using Photoshop for the electrical programmers to implement into the HMI/SCADA system.

Heber, UT, Heber Valley SSD Plant Expansion — Graphics Artist Create, design and manage Sketchup files for the project. Render 3D Sketchup files for a more realistic appearance. Provide high resolution images from the renderings using Photoshop for the electrical programmers to implement into the HMI/SCADA system.

West Wendover, NV, Plant Expansion — Graphics Artist
Create, design and manage Sketchup files for the project. Render 3D Sketchup files for a more realistic appearance. Provide high resolution images from the renderings using Photoshop for the electrical programmers to implement into the HMI/SCADA system.

Page 1079 of 1277 ends

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Connect with us!

Page 1080 of 1277 ends

skm
1 SKM Engineering
533 W 2600 S Suite 25
Bountiful, UT 84010
(801) 677-0011
• skmeng.com

skm
Electrical & Controls Engineering
2024 Hourly Billing Rates
save time - save energy - save money
Electrical Principal Engineer
225
Electrical Engineer III
205
Electrical Engineer II
185
Electrical Engineer I
165
CAD Designer/Manager
155
CAD Designer III
145
CAD Designer II
135
CAD Designer I
115
Controls Project Manager
195
Controls Engineer III
185
Controls Engineer II
170
Controls Engineer I
150
Electrical Transmission Engineer
215
Administrative
95 Reimbursable Expenses Schedule
Additional expenses will be handled in the following manner:

Mileage: IRS per mile rate for vehicles not rented
Printing Costs: Pass through at cost for project documents Sub -Consultants: Pass through at cost, no mark-up
Equipment Costs: Billed at cost plus 10% markup
SKM Engineering
533 W 2600 S Suite 25, Bountiful, UT 84010
Office: (801) 677-0011 - Fax: (801) 677-0013 Page 1081 of 1277 ■ skmeng.com

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REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS

INSR LTR

TYPE OF INSURANCE

ADDL INSD

SUBR WVD

POLICY NUMBER

POLICY EFF
(MMIDD/YYYY)

POLICY EXP
(MMIDD/YYYY)
LIMITS
C
X

COMMERCIAL GENERAL LIABILITY
34SBAIJ6668
2/24/2024
2/24/2025

EACH OCCURRENCE
$ 1,000,000

CLAIMS -MADE
X
OCCUR

DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 1,000,000
MED EXP (Any one person)
$ 10,000

PERSONAL & ADV INJURY
$ 1,000,000
GEN'L

AGGREGATE
X

LIMIT APPLIES

JECT PRO-
PER:

LOC

GENERAL AGGREGATE
$ 2,000,000

PRODUCTS - COMP/OP AGG
$ 2,000,000
$
B

AUTOMOBILE
X
X

LIABILITY

ANY AUTO

ALL OWNED
x

SCHEDULED
AUTOS

AUUTOSWNED
34UECZT2028
2/24/2024
2/24/2025

COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROP(Per accident) dent) DAMAGERTY
$
C
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
34SBAIJ6668
2/24/2024
2/24/2025

EACH OCCURRENCE
$ 5,000,000

AGGREGATE
$ 5,000,000
DED
X
RETENTION $ 10.000
$
D

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N / A
WC625004807
2/24/2024
2/24/2025
X
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
A
Professional Liability
Retroactive Date 2/7/1994
DPR5024481
2/19/2024
2/19/2025
Each Claim 2,000,000
Aggregate 2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) "The City of Beaumont, its elected and appointed officers, employees, agents and volunteers are named as additional insured as required by written contract with respect to General Liability and Auto Liability. 30 Days' Notice of Cancellation to certificate holder, 10 days for non-payment of premium applies."

CERTIFICATE HOLDER

CANCELLATION
City of Beaumont
550 E. 6th Street
Beaumont CA 92223
United States

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
Oki 16"41.1461°
ACORD 25 (2014/01)
© 1988-2014 ACORD CORPORATION. All rights reserved.

The ACORD naml oltfl$2redigitErWmarks of ACORD

Policy No.: 34SBAIJ6668

BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.

The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured.

Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions.

A. COVERAGES

1. BUSINESS LIABILITY COVERAGE (BODILY

INJURY, PROPERTY DAMAGE, PERSONAL

AND ADVERTISING INJURY)
Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury",
"property damage" or "personal and
advertising injury" to which this insurance
applies. We will have the right and duty to
defend the insured against any "suit"
seeking those damages. However, we will
have no duty to defend the insured against
any "suit" seeking damages for "bodily
injury", "property damage" or "personal and
advertising injury" to which this insurance
does not apply.

We may, at our discretion, investigate any
"occurrence" or offense and settle any claim
or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section D. -
Liability And Medical Expenses Limits
Of Insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments,
settlements or medical expenses to which
this insurance applies.

No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Coverage
Extension - Supplementary Payments.
b. This insurance applies:
(1) To "bodily injury" and "property
damage" only if:
(a) The "bodily injury" or "property
damage" is caused by an
"occurrence" that takes place in the
"coverage territory";
(b) The "bodily injury" or "property
damage" occurs during the policy
period; and
(c) Prior to the policy period, no insured
listed under Paragraph 1. of Section
C. — Who Is An Insured and no
"employee" authorized by you to give
or receive notice of an "occurrence"
or claim, knew that the "bodily injury"
or "property damage" had occurred,
in whole or in part. If such a listed
insured or authorized "employee"
knew, prior to the policy period, that
the "bodily injury" or "property
damage" occurred, then any
continuation, change or resumption
of such "bodily injury" or "property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.
(2) To "personal and advertising injury"
caused by an offense arising out of your
business, but only if the offense was
committed in the "coverage territory"
during the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section
C. — Who Is An Insured or any "employee"
authorized by you to give or receive notice
of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or
any other insurer;
Form SS 00 08 04 05
P 9ehl 5,' hgf14t'tdrd

Page 1 of 24 ends

BUSINESS LIABILITY COVERAGE FORM
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice
(1) "Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
"occurrence", but only if:
(a) The physician, dentist, nurse,
emergency medical technician or
paramedic is employed by you to
provide such services; and
(b) You are not engaged in the
business or occupation of providing
such services.
(2) For the purpose of determining the
limits of insurance for incidental medical
malpractice, any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".

2. MEDICAL EXPENSES
Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(3)
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the
"coverage territory" and during the
policy period;
(2) The expenses are incurred and reported
to us within three years of the date of
the accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, x-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral
services.

3. COVERAGE EXTENSION -

SUPPLEMENTARY PAYMENTS
a. We will pay, with respect to any claim or
"suit" we investigate or settle, or any "suit"
against an insured we defend:
(1) All expenses we incur.
(2) Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury" applies. We
do not have to furnish these bonds.

The cost of appeal bonds or bonds to
release attachments, but only for bond
amounts within the applicable limit of
insurance. We do not have to furnish
these bonds.
(4) All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit", including actual loss of earnings
up to $500 a day because of time off
from work.

All costs taxed against the insured in
the "suit".
(6) Prejudgment interest awarded against
the insured on that part of the judgment
we pay. If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on
that period of time after the offer.

All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay, or deposited in court the
part of the judgment that is within the
applicable limit of insurance.

Any amounts paid under (1) through (7)
above will not reduce the limits of insurance.
(3)
(5)
(7)

Page 2 of 24 ends

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Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
b. If we defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "suit", we will
defend that indemnitee if all of the
following conditions are met:
(1) The "suit" against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a contract or agreement
that is an "insured contract";
(2) This insurance applies to such liability
assumed by the insured;
The obligation to defend, or the cost of
the defense of, that indemnitee, has
also been assumed by the insured in
the same "insured contract";
(4) The allegations in the "suit" and the
information we know about the
"occurrence" are such that no conflict
appears to exist between the interests
of the insured and the interest of the
indemnitee;
The indemnitee and the insured ask
us to conduct and control the defense
of that indemnitee against such "suit"
and agree that we can assign the
same counsel to defend the insured
and the indemnitee; and
(6) The indemnitee:
(a) Agrees in writing to:
(3)
(5)
(i)
Cooperate with us in the
investigation, settlement or
defense of the "suit";
(ii) Immediately send us copies of
any demands, notices,
summonses or legal papers
received in connection with
the "suit";
(iii) Notify any other insurer whose
coverage is available to the
indemnitee; and
(iv) Cooperate with us with
respect to coordinating other
applicable insurance available
to the indemnitee; and
(b) Provides us with written
authorization to:
(i) Obtain records and other
information related to the
"suit"; and
(ii) Conduct and control the
defense of the indemnitee in
such "suit".

So long as the above conditions are met,
attorneys' fees incurred by us in the
defense of that indemnitee, necessary
litigation expenses incurred by us and
necessary litigation expenses incurred
by the indemnitee at our request will be
paid as Supplementary Payments.

Notwithstanding the provisions of
Paragraph 1.b.(b) of Section B. —
Exclusions, such payments will not be
deemed to be damages for "bodily
injury" and "property damage" and will
not reduce the Limits of Insurance.

Our obligation to defend an insured's
indemnitee and to pay for attorneys' fees
and necessary litigation expenses as
Supplementary Payments ends when:
(1) We have used up the applicable limit
of insurance in the payment of
judgments or settlements; or
(2) The conditions set forth above, or the
terms of the agreement described in
Paragraph (6) above, are no longer met.

B. EXCLUSIONS

1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
(1) "Bodily injury" or "property damage"
expected or intended from the
standpoint of the insured. This
exclusion does not apply to "bodily
injury" or "property damage" resulting
from the use of reasonable force to
protect persons or property; or
(2) "Personal and advertising injury" arising
out of an offense committed by, at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal and
advertising injury".
b. Contractual Liability
(1) "Bodily injury" or "property damage"; or
(2) "Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to liability
for damages because of:
(a) "Bodily injury", "property damage" or
"personal and advertising injury" that
the insured would have in the
absence of the contract or
agreement; or
Form SS 00 08 04 05

Page 1085 of 1277 ends

Page 3 of 24 ends

BUSINESS LIABILITY COVERAGE FORM
(b) "Bodily injury" or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury" or
"property damage" occurs
subsequent to the execution of the
contract or agreement. Solely for
the purpose of liability assumed in
an "insured contract", reasonable
attorneys' fees and necessary
litigation expenses incurred by or for
a party other than an insured are
deemed to be damages because of
"bodily injury" or "property damage"
provided:
(i)
Liability to such party for, or for
the cost of, that party's defense
has also been assumed in the
same "insured contract", and
(ii) Such attorneys' fees and
litigation expenses are for
defense of that party against a
civil or alternative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
(1) Causing or contributing to the
intoxication of any person;
(2) The furnishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol; or
Any statute, ordinance or regulation
relating to the sale, gift, distribution or
use of alcoholic beverages.

This exclusion applies only if you are in the
business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar
Laws
Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or
any similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising
out of and in the course of:
(a) Employment by the insured; or
(3)
(b) Performing duties related to the
conduct of the insured's business, or
(2) The spouse, child, parent, brother or
sister of that "employee" as a
consequence of (1) above.

This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or escape
of "pollutants":
(a) At or from any premises, site or
location which is or was at any
time owned or occupied by, or
rented or loaned to any insured.

However, this subparagraph does
not apply to:
(i) "Bodily injury" if sustained within
a building and caused by
smoke, fumes, vapor or soot
produced by or originating from
equipment that is used to heat,
cool or dehumidify the building,
or equipment that is used to
heat water for personal use, by
the building's occupants or their
guests;
(ii) "Bodily injury" or "property
damage" for which you may be
held liable, if you are a
contractor and the owner or
lessee of such premises, site or
location has been added to your
policy as an additional insured
with respect to your ongoing
operations performed for that
additional insured at that
premises, site or location and
such premises, site or location
is not and never was owned or
occupied by, or rented or
loaned to, any insured, other
than that additional insured; or

Page 4 of 24 ends

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Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire";
(b) At or from any premises, site or
location which is or was at any
time used by or for any insured or
others for the handling, storage,
disposal, processing or treatment
of waste;
(c) Which are or were at any time
transported, handled, stored,
treated, disposed of, or processed
as waste by or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
"pollutants" are brought on or to
the premises, site or location in
connection with such operations
by such insured, contractor or
subcontractor. However, this
subparagraph does not apply to:
(i)
"Bodily injury" or "property
damage" arising out of the
escape of fuels, lubricants or
other operating fluids which are
needed to perform the normal
electrical, hydraulic or
mechanical functions
necessary for the operation of
"mobile equipment" or its parts,
if such fuels, lubricants or other
operating fluids escape from a
vehicle part designed to hold,
store or receive them. This
exception does not apply if the
"bodily injury" or "property
damage" arises out of the
intentional discharge, dispersal
or release of the fuels,
lubricants or other operating
fluids, or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises, site or location with
the intent that they be
discharged, dispersed or
released as part of the
operations being performed
by such insured, contractor or
subcontractor;
(ii) "Bodily injury" or "property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materials brought
into that building in connection
with operations being performed
by you or on your behalf by a
contractor or subcontractor; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors
working directly or indirectly on any
insured's behalf are performing
operations if the operations are to
test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize,
or in any way respond to, or assess
the effects of, "pollutants".
(2) Any loss, cost or expense arising out
of any:
(a)
Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in any way
responding to, or assessing the
effects of, "pollutants".

However, this paragraph does not
apply to liability for damages because
of "property damage" that the insured
would have in the absence of such
request, demand, order or statutory or
regulatory requirement, or such claim
or "suit" by or on behalf of a
governmental authority.

Form SS 00 08 04 05

Page 1087 of 1277 ends

Page 5 of 24 ends

BUSINESS LIABILITY COVERAGE FORM
g.

Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or rented
or loaned to any insured. Use includes
operation and "loading or unloading".

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is
owned or operated by or rented or loaned to
any insured.

This exclusion does not apply to:
(1) A watercraft while ashore on premises
you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons
for a charge;
Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft;
"Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception does not apply if the insured
has any other insurance for such "bodily
injury" or "property damage", whether
the other insurance is primary, excess,
contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage"
arising out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(3)
(5)
J•
(2) The use of "mobile equipment" in, or
while in practice or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activity.
i. War
"Bodily injury", "property damage" or
"personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or
Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.

Professional Services
"Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or failure to render
any professional service. This includes
but is not limited to:
(3)
(7)
Legal, accounting or advertising
services;
Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications;
Supervisory, inspection, architectural
or engineering activities;
Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction;
Any health or therapeutic service
treatment, advice or instruction;
Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;

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Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
(8) Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation, fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
(9) Any:
(a) Body piercing (not including ear
piercing);
(b) Tattooing, including but not limited
to the insertion of pigments into or
under the skin; and
(c) Similar services;
(10) Services in the practice of pharmacy;
and
(11) Computer consulting, design or
programming services, including web
site design.

Paragraphs (4) and (5) of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e. in Section A. - Coverages.
k. Damage To Property
"Property damage" to:
(1) Property you own, rent or occupy,
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injury to a person or
damage to another's property;
(2) Premises you sell, give away or
abandon, if the "property damage" arises
out of any part of those premises;
(3)
(4) Personal property in the care, custody
or control of the insured;
That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations, if the "property damage"
arises out of those operations; or
(6) That particular part of any property
that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.
(5)
Property loaned to you;
Paragraphs (1), (3) and (4) of this
exclusion do not apply to "property
damage" (other than damage by fire) to
premises, including the contents of such
premises, rented to you for a period of 7 or
fewer consecutive days. A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in
Section D. - Limits Of Insurance.

Paragraph (2) of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.

Paragraphs (3) and (4) of this exclusion do
not apply to the use of elevators.

Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.

Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to
borrowed equipment while not being used
to perform operations at a job site.

Paragraph (6) of this exclusion does not
apply to "property damage" included in the
"products -completed operations hazard".

I. Damage To Your Product
"Property damage" to "your product"
arising out of it or any part of it.
m. Damage To Your Work
"Property damage" to "your work" arising
out of it or any part of it and included in the
"products -completed operations hazard".

This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. Damage To Impaired Property Or
Property Not Physically Injured
"Property damage" to "impaired property"
or property that has not been physically
injured, arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product"
or "your work"; or
(2) A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.

This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
"your product" or "your work" after it has
been put to its intended use.

Form SS 00 08 04 05

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BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the
loss of use, withdrawal, recall, inspection,
repair, replacement, adjustment, removal
or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it.
p. Personal And Advertising Injury
"Personal and advertising injury":
(1) Arising out of oral, written or electronic
publication of material, if done by or at
the direction of the insured with
knowledge of its falsity;
(2) Arising out of oral, written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
Arising out of a criminal act committed
by or at the direction of the insured;
(4) Arising out of any breach of contract,
except an implied contract to use
another's "advertising idea" in your
"advertisement";
(5) Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
"advertisement";
(6) Arising out of the wrong description of
the price of goods, products or services;
(7) Arising out of any violation of any
intellectual property rights such as
copyright, patent, trademark, trade
name, trade secret, service mark or
other designation of origin or
authenticity.

However, this exclusion does not
apply to infringement, in your
"advertisement", of
(a) Copyright;
(b) Slogan, unless the slogan is also
a trademark, trade name, service
mark or other designation of origin
or authenticity; or
(3)
(c) Title of any literary or artistic work;
(8) Arising out of an offense committed by
an insured whose business is:
(a) Advertising, broadcasting,
publishing or telecasting;
(b) Designing or determining content
of web sites for others; or
(c) An Internet search, access,
content or service provider.

However, this exclusion does not
apply to Paragraphs a., b. and c.
under the definition of "personal and
advertising injury" in Section G. —
Liability And Medical Expenses
Definitions.

For the purposes of this exclusion,
placing an "advertisement" for or
linking to others on your web site, by
itself, is not considered the business
of advertising, broadcasting,
publishing or telecasting;
Arising out of an electronic chat room
or bulletin board the insured hosts,
owns, or over which the insured
exercises control;
(10) Arising out of the unauthorized use of
another's name or product in your e-mail
address, domain name or metatags, or
any other similar tactics to mislead
another's potential customers;
(11) Arising out of the violation of a
person's right of privacy created by
any state or federal act.

However, this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
(12) Arising out of:
(a) An "advertisement" for others on
your web site;
(b) Placing a link to a web site of
others on your web site;
(c) Content from a web site of others
displayed within a frame or border
on your web site. Content includes
information, code, sounds, text,
graphics or images; or
(d) Computer code, software or
programming used to enable:
(i) Your web site; or
(ii) The presentation or functionality
of an "advertisement" or other
content on your web site;
(9)

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BUSINESS LIABILITY COVERAGE FORM
q•
(13) Arising out of a violation of any anti-
trust law;
(14) Arising out of the fluctuation in price or
value of any stocks, bonds or other
securities; or
(15) Arising out of discrimination or
humiliation committed by or at the
direction of any "executive officer",
director, stockholder, partner or
member of the insured.

Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability
to access, or inability to manipulate
"electronic data".
r. Employment -Related Practices
"Bodily injury" or "personal and advertising
injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's
employment; or
(c) Employment -related practices,
policies, acts or omissions, such as
coercion, demotion, evaluation,
reassignment, discipline,
defamation, harassment, humiliation
or discrimination directed at that
person; or
(2) The spouse, child, parent, brother or
sister of that person as a
consequence of "bodily injury" or
"personal and advertising injury" to the
person at whom any of the
employment -related practices
described in Paragraphs (a), (b), or (c)
above is directed.

This exclusion applies:
(1) Whether the insured may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s. Asbestos
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a)
May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or
others test for, monitor, clean up,
remove, encapsulate, contain,
treat, detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
t. Violation Of Statutes That Govern E -
Mails, Fax, Phone Calls Or Other
Methods Of Sending Material Or
Information
"Bodily injury", "property damage", or
"personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:
(1) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law; or
Any statute, ordinance or regulation,
other than the TCPA or CAN-SPAM Act
of 2003, that prohibits or limits the
sending, transmitting, communicating or
distribution of material or information.

Damage To Premises Rented To You —
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c. through h. and k. through o. do
not apply to damage by fire, lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner. A separate Limit of Insurance
applies to this coverage as described in
Section D. - Liability And Medical Expenses
Limits Of Insurance.
(3)
Form SS 00 08 04 05

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BUSINESS LIABILITY COVERAGE FORM

2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
"employee" of any insured, if benefits for
the "bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products -Completed Operations Hazard
Included with the "products -completed
operations hazard".

Business Liability Exclusions
Excluded under Business Liability Coverage.

C. WHO IS AN INSURED

1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership,
joint venture or limited liability company, you
are an insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.

Your stockholders are also insureds, but only
with respect to their liability as stockholders.
g.
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.

2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.

However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and
advertising injury":
(a) To you, to your partners or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), or to a co -"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer workers" while
performing duties related to the
conduct of your business;
(b) To the spouse, child, parent,
brother or sister of that co -
"employee" or that "volunteer
worker" as a consequence of
Paragraph (1)(a) above;
(c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.

If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,

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BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds
Written Contract,
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
When Required By
Written Agreement Or
Form SS 00 08 04 05

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BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
(g)

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BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:

This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory,
architectural
activities.
inspection,
or engineering
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "products -
completed operations hazard".
f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "products -
completed operations hazard", but
only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "products -
completed operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:

Form SS 00 08 04 05

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BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory,
architectural
activities.
inspection,
or engineering
The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products -completed operations hazard" is
the Products -Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.

This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.

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If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
(3)
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.
(3)
(3)
Form SS 00 08 04 05

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BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.

3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.

5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. — Coverages.

Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
Coverages.
(3)
(5)

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BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.

When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
(7)
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.

Form SS 00 08 04 05

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BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED

COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6. (Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:

1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability
for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a. In the performance of your ongoing
operations; or
b. In connection with your premises owned
by or rented to you.

2. Additional Insured - Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.

3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.

4. Additional Insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.

5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1) Any "occurrence" that takes place
after you cease to lease that land; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.

6. Additional Insured - State Or Political
Subdivision — Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional

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Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of operations performed for
the state or municipality; or
(2) "Bodily injury" or "property damage"
included in the "product -completed
operations" hazard.

7. Additional Insured — Vendors
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
(referred to below as vendor) shown in the
Declarations as an Additional Insured -
Vendor, but only with respect to "bodily
injury" or "property damage" arising out of
"your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
b. The insurance afforded to the vendor is
subject to the following additional exclusions:
(1) This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, unless unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connection with the
distribution or sale of the products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections,
adjustments, tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business, in connection with
the distribution or sale of the
products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such
products, or any ingredient, part or
container, entering into,
accompanying or containing such
products.

8. Additional Insured — Controlling Interest
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured —
Controlling Interest, but only with respect to
their liability arising out of:
a. Their financial control of you; or
b. Premises they own, maintain or control
while you lease or occupy these premises.
(g)
Form SS 00 08 04 05

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BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.

9. Additional Insured — Owners, Lessees Or
Contractors — Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
(1) In the performance of your ongoing
operations for the additional
insured(s); or
(2) In connection with "your work"
performed for that additional insured
and included within the "products -
completed operations hazard", but
only if this Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
"products -completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
(1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2) Supervisory, inspection, architectural
or engineering activities.

10. Additional Insured — Co -Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured — Co -
Owner Of Insured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Declarations.

The limits of insurance that apply to additional
insureds are described in Section D. — Limits Of
Insurance.

How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. —
Liability And Medical Expenses General
Conditions.

G. LIABILITY AND MEDICAL EXPENSES

DEFINITIONS

1. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:

Radio;
Television;
Billboard;
Magazine;
Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.

However, "advertisement" does not include:
a. The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.

2. "Advertising idea" means any idea for an
"advertisement".

3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.

4. "Auto" means a land motor vehicle, trailer or
semi -trailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include
"mobile equipment".

5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.

6. "Coverage territory" means:

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BUSINESS LIABILITY COVERAGE FORM
a. The United States of America (including its
territories and possessions), Puerto Rico
and Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a. above;
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you
in the territory described in a. above;
(2) The activities of a person whose home
is in the territory described in a.
above, but is away for a short time on
your business; or
(3) "Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions), Puerto Rico or Canada, in a
"suit" on the merits according to the
substantive law in such territory, or in a
settlement we agree to.

7. "Electronic data" means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from
computer software, including systems and
applications software, hard or floppy disks,
CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.

8. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".

9. "Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.

10. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.

11. "Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or
removal of "your product" or "your work";
or
b. Your fulfilling the terms of the contract or
agreement.

12. "Insured contract" means:
a. A contract for a lease of premises.

However, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D. — Liability and Medical Expenses Limits
of Insurance.
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or
agreement pertaining to your business
(including an indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.

Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.

Paragraph f. includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury" or "property
damage" arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle, tracks, road -beds, tunnel,
underpass or crossing.

However, Paragraph f. does not include
that part of any contract or agreement:

Form SS 00 08 04 05

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BUSINESS LIABILITY COVERAGE FORM
(1) That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
(a) Preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports,
surveys, field orders, change
orders, designs or drawings and
specifications; or
(b) Giving directions or instructions,
or failing to give them, if that is the
primary cause of the injury or
damage; or
(2) Under which the insured, if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in (1) above and supervisory,
inspection, architectural or
engineering activities.

13. "Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm, to perform duties related to the conduct of
your business. "Leased worker" does not
include a "temporary worker".

14. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".

15. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads;
b. Vehicles maintained for use solely on or
next to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
(1) Power cranes, shovels, loaders,
diggers or drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers
or rollers;
e. Vehicles not described in a., b., c., or d.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
(1) Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment; or
(2) Cherry pickers and similar devices
used to raise or lower workers;
f. Vehicles not described in a., b., c., or d.
above maintained primarily for purposes
other than the transportation of persons or
cargo.

However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered "autos":
(1) Equipment, of at least 1,000 pounds
gross vehicle weight, designed
primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment.

16. "Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.

17. "Personal and advertising injury" means injury,
including consequential "bodily injury", arising
out of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
(3)

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BUSINESS LIABILITY COVERAGE FORM
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral, written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services;
e. Oral, written or electronic publication of
material that violates a person's right of
privacy;
f. Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "advertisement";
Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement"; or
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person.

18. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.

19. "Products -completed operations hazard";
a. Includes all "bodily injury" and "property
damage" occurring away from premises
you own or rent and arising out of "your
product" or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed
or abandoned. However, "your work"
will be deemed to be completed at the
earliest of the following times:
(a) When all of the work called for in
your contract has been completed.
(b) When all of the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site.
(c) When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.
g.

Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treated as completed.

The "bodily injury" or "property damage"
must occur away from premises you own
or rent, unless your business includes the
selling, handling or distribution of "your
product" for consumption on premises you
own or rent.
b. Does not include "bodily injury" or
"property damage" arising out of:
(1) The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the "loading or
unloading" of that vehicle by any
insured; or
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials.

20. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use
shall be deemed to occur at the time of
"occurrence" that caused it.

As used in this definition, "electronic data" is
not tangible property.

21. "Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury"
to which this insurance applies are alleged.
"Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.

22. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.

23. "Volunteer worker" means a person who:
a. Is not your "employee";
Form SS 00 08 04 05

Page 1105 of 1277 ends

Page 23 of 24 ends

BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work;
c. Acts at the direction of and within the
scope of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you.

24. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name;
or
(c) A person or organization whose
business or assets you have
acquired; and
(2) Containers (other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or
other property rented to or located for the
use of others but not sold.

25. "Your work":
a. Means:
(1) Work or operations performed by you
or on your behalf; and
(2) Materials, parts or equipment
furnished in connection with such work
or operations.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
(2) The providing of or failure to provide
warnings or instructions.

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Page 1106 of 1277 ends

Form SS 00 08 04 05

Policy No.: 34UECZT2028

COMMERCIAL AUTOMOBILE
HA 99 16 12 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE BROAD FORM

ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.

1. BROAD FORM INSURED
Paragraph .1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add the following:
d. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the Declarations
is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.

However, the Named Insured does not
include any subsidiary that is an "insured"
under any other automobile policy or
would be an "insured" under such a policy
but for its termination or the exhaustion of
its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its acquisition
or formation by you, unless you have
given us notice of the acquisition or
formation.

Coverage does not apply to "bodily injury"
or "property damage" that results from an
"accident" that occurred before you
formed or acquired the organization.
e. Employees as Insureds
(1). Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your personal
affairs.
f. Lessors as Insureds
(1). The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(a) The agreement requires you to
provide direct primary insurance for
the lessor and
(b) The "auto" is leased without a driver.

Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.

Additional Insured if Required by Contract
(1) When you have agreed, in a written
contract or written agreement, that a
person or organization be added as an
additional insured on your business auto
policy, such person or organization is an
"insured", but only to the extent such
person or organization is liable for "bodily
injury" or "property damage" caused by
the conduct of an "insured" under
paragraphs a. or b. of Who Is An Insured
with regard to the ownership,
maintenance or use of a covered "auto."
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
g.
(a) During the policy period, and
(b) Subsequent to the execution of such
written contract, and
Form HA 99 16 12 21 p 2�22 7
(Includes copyrighted mater aP nSu 1�c�f atesd Office, Inc. with its permission.)

Page 1 of 5 ends

(c) Prior to the expiration of the period of
time that the written contract requires
such insurance be provided to the
additional insured.
(2) How Limits Apply
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the most we will
pay on behalf of such additional insured is
the lesser of:
(a) The limits of insurance specified in the
written contract or written agreement;
(3)
or
(b) The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to Limits of Insurance shown in
the Declarations and described in this
Section.

Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract or written agreement that
this insurance is primary and
non-contributory with the additional
insured's own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the additional
insured shall be required to comply with
the provisions in LOSS CONDITIONS 2. -

DUTIES IN THE EVENT OF ACCIDENT,
CLAIM , SUIT OR LOSS — OF SECTION
IV — BUSINESS AUTO CONDITIONS, in
the same manner as the Named Insured.

2. Primary and Non -Contributory if Required
by Contract
Only with respect to insurance provided to an
additional insured in A.1.g. - Additional
Insured If Required by Contract, the following
provisions apply:
(1) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be primary.

If other insurance is also primary, we will
share with all that other insurance by the
method described in Other Insurance 5.d.
(2) Primary And Non -Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract or
written agreement that this insurance is
primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not seek
contribution from that other insurance.

Paragraphs (1) and (2) do not apply to other
insurance to which the additional insured has
been added as an additional insured.

When this insurance is excess, we will have
no duty to defend the insured against any
"suit" if any other insurer has a duty to defend
the insured against that "suit". If no other
insurer defends, we will undertake to do so,
but we will be entitled to the insured's rights
against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -insured
amounts under all that other insurance.

We will share the remaining loss, if any, by
the method described in SECTION IV -
Business Auto Conditions, B. General
Conditions, Other Insurance 5.d.

3. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee" on
your behalf and at your direction will be
considered an "auto" you hire.

The SECTION IV- Business Auto Conditions, B.

General Conditions, 5. OTHER INSURANCE
Condition is amended by adding the following:
e. If an "employee's" personal insurance also
applies on an excess basis to a covered
"auto" hired or rented by your "employee" on
your behalf and at your direction, this
insurance will be primary to the "employee's"
personal insurance.

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Page 1108 of 1277 ends

Form HA 99 16 12 21

4. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in -force covering all of your
"employees".

Coverage is excess over any other collectible
insurance.

5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any "auto"
you own, then the Physical Damage Coverages
provided are extended to "autos" you hire or
borrow, subject to the following limit.

The most we will pay for "loss" to any hired "auto"
is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that coverage.

No deductible applies to "loss" caused by fire or
lightning. Hired Auto Physical Damage coverage
is excess over any other collectible insurance.

Subject to the above limit, deductible and excess
provisions, we will provide coverage equal to the
broadest coverage applicable to any covered
"auto" you own.

We will also cover loss of use of the hired "auto" if
it results from an "accident", you are legally liable
and the lessor incurs an actual financial loss,
subject to a maximum of $1000 per "accident".

This extension of coverage does not apply to any
"auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.

6. PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.

7. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges resulting
from overdue payments; additional mileage
charges; excess wear and tear charges; lease
termination fees; security deposits not returned by
the lessor; costs for extended warranties, credit
life Insurance, health, accident or disability
insurance purchased with the loan or lease; and
carry-over balances from previous loans or
leases.

8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of SECTION
I II - PHYSICAL DAMAGE COVERAGE, the
following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

9. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto";
(2) Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
An integral part of the same unit housing
any electronic equipment described in
Paragraphs (1) and (2) above; or
(4) Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
b. Section III, Physical Damage Coverage, Limit
of Insurance, Paragraph C.2. is amended to
add the following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic equipment
(other than equipment designed solely for the
reproduction of sound, and accessories used
with such equipment) that reproduces,
receives or transmits audio, visual or data
signals which, at the time of "loss", is:
(3)
Form HA 99 16 12 21

Page 1109 of 1277 ends

Page 3 of 5 ends

(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used by
the "auto" manufacturer for the installation
of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph

2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $250, whichever
deductible is less.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.

11. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of

SECTION I II - PHYSICAL DAMAGE COVERAGE,
the following is added:

No deductible applies to glass damage if the glass
is repaired rather than replaced.

12. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of

SECTION I II - PHYSICAL DAMAGE COVERAGE,
the following is added:

If another Hartford Financial Services Group, Inc.
company policy or coverage form that is not an
automobile policy or coverage form applies to the
same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by the
amount of the smaller (or smallest)
deductible.

13. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -

DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of an
"accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.

14. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage Form
because of such failure.

15. HIRED AUTO - COVERAGE TERRITORY

SECTION IV, BUSINESS AUTO CONDITIONS,
PARAGRAPH B. GENERAL CONDITIONS, 7. -
POLICY PERIOD, COVERAGE TERRITORY - is
added to include the following:
(6) For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.

16. WAIVER OF SUBROGATION
Paragraph 5. TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US - of

SECTION IV - BUSINESS AUTO CONDITIONS
A. Loss Conditions is amended by adding the
following:

We waive any right of recovery we may have
against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damages
under this Coverage Form.

17. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V -
DEFINITIONS, C. is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.

18. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies except
as follows:

If we cancel for any reason other than
nonpayment of premium, we will mail or deliver to
the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.

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Page 1110 of 1277 ends

19. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical Damage
Coverages are amended as follows:
a. If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%, to
a maximum of $2,500, of the "non -hybrid"
auto's actual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
"loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.

For the purposes of the coverage provision,
a. A "non -hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b. A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.

20. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:

In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.

Form HA 99 16 12 21

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Page 5 of 5 ends

BEAUMONT
-CALIFORNIA-
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business or applicant.

The Levine Act also requires a member of the Beaumont City Council who has received such a contribution to disclose the contribution on the record of the proceeding.

Current Beaumont City Council Members are listed at:

Proposers are responsible for accessing this link to review the names prior to answering the following questions.

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s):
❑✓ NO

2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any Beaumont City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s):

NO
Answering yes to either of the two questions above does not preclude the Beaumont City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.
12/3/24
Date
Signature of authorized individual
SKM Engineering
Company/Applicant Name
City of Beaumont 1550 E. 6th Street, Beaumont, CA 92223 1 (951) 769-8520 1 BeaumontCA.gov

Page 1112 of 1277 ends

BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Eric Guzman, Human Resources/Risk Management Analyst DATE December 17, 2024
SUBJECT: Riverside County Superintendent of Schools Special Education Vocational Education Program
Description Transition Partnership Program/Work Ability.

Background and Analysis:

The Riverside County Superintendent of Schools and the Riverside County Office of Education have partnered with Beaumont High School to launch a Transition Partnership Program (TPP). The Transition Partnership Program is an interagency vocational program federally funded by the California State Department of Rehabilitation. The goal of TPP is to assist Beaumont High School students with disabilities in overcoming challenges in their transition from high school to further education, training, or to gain meaningful employment. The Office of Education and Beaumont High School are looking for business partners in the community to participate, participation entails placing the students who will be employed by Riverside County Office of Education in a workplace setting and allowing them to receive on the job training and experience. As a participant the City can begin to expose our students to local government. Each student will receive up to 300 hours of paid work experience and will job shadow staff a few hours every week, requiring short term time commitment from staff. The City Attorney has reviewed and approved the language in the agreement.

Fiscal Impact:

There are no costs associated with the agreement, staff time will be allocated based on the department and the assignment. City staff estimates the cost to prepare this report was $209.

Recommended Action:

Authorize the City Manager to execute the agreement with Riverside County Superintendent of School and Riverside County Office of Education.

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Attachments:

A. Riverside County Superintendent of Schools Special Education Vocational Education Program Agreement for Affiliation

Page 1114 of 1277 ends

RIVERSIDE COUNTY SUPERINTENDENT OF SCHOOLS
3939 Thirteenth Street/P.O. Box 868
Riverside, California 92502

SPECIAL EDUCATION VOCATIONAL EDUCATION PROGRAM

AGREEMENT FOR AFFILIATION
This Agreement, made and entered into this day of , 2024, by and between Riverside County Superintendent of School, hereinafter referred to as the "SUPERINTENDENT," and the Riverside County Office of Education's Transition Partnership Program/WorkAbility 1, hereinafter referred to as TPP/WA1, and hereinafter referred to as the "AFFILIATE"; WITNESSETH:

WHEREAS, the AFFILIATE has facilities located at
which it is willing to make available to the TPP/WA1 at no cost, for use in the work training of TPP/WAI participants, for the period beginning , 2024 and continuing indefinitely.

WHEREAS, the SUPERINTENDENT is authorized by law to maintain and does maintain the TPP/WA1,
NOW, THEREFORE, it is agreed by and between the parties hereto that in consideration of the learning experience obtained by the participants, the AFFILIATE does hereby agree to provide facilities for work training experience for TPP/WA1 participants from the SUPERINTENDENT.

IT IS FURTHER UNDERSTOOD AND AGREED by and between the parties hereto that:

1. AFFILIATE hereby certifies awareness of the Occupational Safety and Health Administration (OSHA) standards and codes as set forth by the U.S. Department of Labor, and the derivative Cal/OSHA standards, laws and regulations relating thereto, and verifies that all performance under this Agreement shall be in compliance therewith.

2. The participants will be subject to the rules and regulations of the AFFILIATE during the hours they are in their facilities.

3. The AFFILIATE is responsible for ensuring that the duties given to the work experience participant are safe and within the limits of their abilities and knowledge.

4. The SUPERINTENDENT agrees to provide each participant with insurance coverage for Workers' Compensation.

5. Either party may discontinue this affiliation by giving written notice thirty (30) days in advance of the final date for termination of the affiliation.

6. INDEPENDENT CONTRACTOR: The AFFILIATE, while engaged in the performance of this contract, is an independent contractor, and is not an officer, agent or employee of the Riverside County Superintendent of Schools.

7. ASSIGNMENTOFCONTRACT: The AFFILIATE shall not assign the whole or any part of this agreement or any payment due or to become due hereunder, without the written consent of the

Page 1115 of 1277 ends

SUPERINTENDENT and all sureties who have executed bonds on behalf of the AFFILIATE in connection with this contract.

8. EQUAL EMPLOYMENT OPPORTUNITY: The Riverside County Superintendent of School is an Equal Opportunity employer. We have developed and adopted a program to assure positive results, which means that discrimination in employment on the basis of race, creed, color, marital status, medical condition (cancer related), age, sex, or physical handicap is prohibited. This program applies to this contract.

9. HOLD HARMLESS: The AFFILIATE shall save, defend, hold harmless and indemnify the SUPERINTENDENT against any and all liability, claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the AFFILIATE, and subcontractor, or any employee, agent, or representative of the AFFILIATE or subcontractor

10. CHANGES: This Agreement may only be amended in writing by the mutual consent of the parties hereto, except that the SUPERINTENDENT may amend the contract to accomplish the below -listed changes:
a. Administrative changes.
b. Changes as required by law.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.

Riverside County
Superintendent of Schools AFFILIATE
Authorized Signature Authorized Signature
Printed Name Printed Name
Date Date

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BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE December 17, 2024
SUBJECT: Approval of Grant Agreement for the Second Street Extension Description City Council approval is requested for the FY 2024 Community Project Funding (CPF) Grant Agreement between the City of Beaumont and the U.S.

Department of Housing and Urban Development (HUD). This agreement provides $1,000,000 in federal funding to support the Second Street Extension Project.

Background and Analysis:

The Second Street Extension Project aims to alleviate traffic congestion in a critical area of the City of Beaumont, enhancing regional connectivity and supporting future growth.

This project will extend Second Street from the westerly boundary of the Home Depot shopping center to Pennsylvania Avenue, addressing long-standing transportation challenges for residents and businesses.

The project represents a significant investment in Beaumont's infrastructure and was made possible through the advocacy of Congressman Dr. Raul Ruiz, who secured $1,000,000 in federal funding through the FY 2024 Economic Development Initiative/Community Project Funding program. This funding demonstrates a strong partnership between the City and federal stakeholders, aligning with strategic goals to improve mobility and economic development.

To formalize this funding, the City must execute the Grant Agreement (No. B-24-CP- CA-0317) with the U.S. Department of Housing and Urban Development (HUD). This agreement outlines the terms and conditions for utilizing the federal funds, including compliance with federal regulations and performance reporting requirements.

As part of the agreement process, an Environmental Assessment was prepared and approved by HUD under the National Environmental Policy Act (NEPA), ensuring the project adheres to environmental standards. With mitigation credits secured and regulatory permits in progress, the City is prepared to meet the grant requirements and move forward with implementation, maximizing the benefit of this federal investment.

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Approval of this grant agreement by the City Council will authorize staff to proceed with finalizing required documents and beginning project planning and implementation.

Fiscal Impact:

The $1,000,000 has been programmed into the 24/25 CIP budget for project R-12. This staff report authorizes City staff to continue the required process for collection of the funds. The R-12 project accounting has been included below.

The estimated cost to prepare this report is $350.

CIP R-12 Second Street Extension (Construction) Project Funding Summary
Estimated Project Cost= $5,800,000
CIP R-12 Second Street Extension (Construction) Project Budget Summary Project ManagemE
Preliminary Services $55,650
$55,650
Environmental
$58,000 $(55,650) $(24,243) I $2,350
Design
$10,000 $(2,500)
$7,500
Permits $260,000 $(259,046) $(250,076) $954
Right -of -Way
Construction $5,416,350 $(42,356) $5,373,994
Construction Management
Equipment

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Total
Recommended Action:
$5,800,000
Approve Grant Agreement No. B-24-CP-CA-0317 and authorize the City Manager, or their designee, to execute the agreement and related documentation necessary to implement the grant.

Attachments:

A. FY24 CPF Grant Agreement

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FY 2024 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-24-CP-CA-0317
Grantee Name: City of Beaumont
Grantee Address: 550 E. 6th Street,California, CA 92223 Grantee's Unique Entity Identifier (UEI): R8CSKWJ1NDK5
Grantee's Employer Identification Number (EIN): 95-600676 Federal Award Identification Number (FAIN): B-24-CP-CA-0317 Assistance Listing Number and Name: 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants
Period of Performance/Budget Period Start Date: 08/13/2024 Period of Performance/Budget Period End Date: 08/31/2032 This Grant Agreement between the U.S. Department of Housing and Urban Development (HUD) and City of Beaumont (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2024 (Public Law 118-42) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on March 5, 2024 (Explanatory Statement) as deemed to be amended by the Further Consolidated Appropriations Act, 2024 (Public Laws 118-47).

In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows:

ARTICLE I. Definitions
The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise.

Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Bud- get Period End Date.

Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates speci- fied above for the Period of Performance/Budget Period Start Date and Period of Performance/ Budget Period End Date.

ARTICLE II. Total Grant Amount
Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $1,000,000.00 available to the Grantee.

ARTICLE III. Award -Specific Requirements
A. Federal Award Description. The Grantee must use the Federal funds provided under this Grant Agreement (Grant Funds) to carry out the Grantee's "Project." Unless changed in ac- cordance with Article III, section C of this Grant Agreement, the Grantee's Project shall be as

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GRANT AGREEMENT NO. B-24-CP-CA-0317
described in the Project Narrative that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this Grant Agreement.

B. Approved Budget. The Grantee must use the Grant Funds as provided by the Ap- proved Budget. Unless changed in accordance with Article III, section C of this Grant Agree- ment, the Approved Budget shall be the line -item budget that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved line -item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant Agreement.

C. Project and Budget Changes. All changes to the Grantee's Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD's approval for a change in the approved Project Narrative and/or Budget, the Grantee must submit a formal letter to HUD's Office of Economic Development - Congressional Grants Division (CGD) Director through the assigned Grant Officer in accordance with HUD's instructions for amending the Project Narrative and/or Project Budget found in the document titled "FY2024 Economic Development Initiative - Community Project Funding Grant Guide " that accompanies the Grant Agreement. The Grantee is prohibited from making project or budget changes that would conflict with the Applicable Appropriations Act Conditions described in Article III, sec- tion D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD's website. The CGD will notify the Grantee of whether HUD approves or disapproves of the change. Before the Grantee expends Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308, the Grantee must update its grant information in HUD's Disaster Recovery Grant Reporting (DRGR) to reflect that change.

D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant Funds under the Consolidated Appropriations Act, 2024, and the Explanatory Statement, as mod- ified by the Further Consolidated Appropriations Act, 2024 or a later act, are incorporated by this reference and made part of this Grant Agreement. The Grant Funds are not subject to the Com- munity Development Block Grants regulations at 24 CFR part 570 or Title I of the Housing and Community Development Act of 1974.

E. In accordance with 2 CFR 200.307, costs incidental to the generation of program in- come may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. As authorized under 2 CFR 200.307, program income may be treated as an addition to the Federal award, provided that the Grantee uses that income for al- lowable costs under this Grant Agreement. Any program income that cannot be expended on al- lowable costs under this Grant Agreement must be reported and paid to HUD within 120 days af- ter the period of performance, unless otherwise specified by an applicable Federal statute.

F. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee's indi- rect cost rate information is as provided in Appendix 3 to this Grant Agreement. Unless the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD upon any change in the Grantee's indirect cost rate during the Period of Performance, so that HUD can 2

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GRANT AGREEMENT NO. B-24-CP-CA-0317
amend the Grant Agreement to reflect the change if necessary. Consistent with 2 CFR Part 200, Appendix III (C.7), if the Grantee is an Institution of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD, the Grantee may use only that rate for its indirect costs during the Period of Performance.

G. The Grantee must comply with any specific conditions that HUD may apply to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement.

H. The Grantee is responsible for managing the Project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project, the grant closeout, and compliance with all applicable federal requirements. All subawards made with funding under this Grant Agreement are subject to the subaward requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement.

The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. A subaward may be made to a for-profit entity only if HUD expressly approves that subaward and the for-profit entity is made subject to the same Federal requirements that apply to all other subrecipients, in- cluding all requirements 2 CFR part 200 provides with respect to a subaward, except the audit re- quirements in 2 CFR part 200, subpart F.

ARTICLE IV. General Federal Requirements
A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the responsibilities for environmental review and decision -making and action, as specified and required in regulations issued by the Secretary pursuant to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58.

B. If the Grantee is a housing authority, redevelopment agency, academic institution, hos- pital or other non-profit organization, the Grantee shall request the unit of general local govern- ment, Indian Tribe or Alaskan Native Village, within which the Project is located and which ex- ercises land use responsibility, to act as Responsible Entity and assume all of the responsibilities for environmental review and decision -making and action as specified in paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee under 24 CFR Part 58.

C. After March 9, 2024, neither the Grantee nor any of its contractors, subrecipients, and other funding and development partners may undertake, or commit or expend Grant Funds or lo- cal funds for, project activities (other than for planning, management, development and adminis- tration activities), unless a contract requiring those activities was already executed on or before March 9, 2024, until one of the following occurs:
(i) the Responsible Entity has completed the environmental review procedures re- quired by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds;
3

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(ii) the Responsible Entity has determined and documented in its environmental re- view record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b); or (iii) HUD has performed an environmental review under 24 CFR part 50 and has no- tified Grantee in writing of environmental approval of the activities.

D. Following completion of the environmental review process, the Grantee shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and mitigation mea- sures adopted through the environmental review process are carried out during project develop- ment and implementation.

E. The Grantee must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements.

The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or bene- ficiaries or potential beneficiaries of the Grantee's Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Ex- ecutive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD -27061).

F. The Grantee must comply with the Uniform Administrative Requirements, Cost Prin- ciples, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If 2 CFR part 200 is amended to replace or renumber sections of part 200 that are cited specifically in this Grant Agreement, the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendments become effective.

G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 ("System for Award Management and Universal Identifier Requirements") and the Award Term in Appendix A to 2 CFR Part 170 ("Reporting Subawards and Executive Compensation"), which by this reference are incorporated into and made part of this Grant Agreement.

H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee Integrity and Performance Matters in Appendix 4 to this Grant Agreement.

I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal contracts, grants, or loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. The Grantee must sign the corresponding certification in Appendix 8 to this Grant Agreement and return it to HUD with this Grant Agreement. The Grantee must include in its award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using the Disclosure of Lobbying Activities 4

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GRANT AGREEMENT NO. B-24-CP-CA-0317
(SF-LLL) form. In addition, the Grantee must obtain the executed certification required by Ap- pendix A and an SF-LLL from all covered persons. "Person" is as defined by 24 CFR Part 87.

Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe's sovereign power are excluded from coverage of the Byrd Amendment. State -recognized Indian tribes and TDHEs established only under state law must comply with this requirement.

J. The Grantee must comply with drug -free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug -Free Workplace Act of 1988, Pub. L. 100-690, Title V, Subtitle D (41 U.S.C. 701-707).

K. Unless the Grantee is a Federally recognized Tribe, the Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that re- ceives Federal financial assistance for a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless other- wise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance.

L. If Grant Funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre -1978 housing, you must comply with the lead -based paint evaluation and hazard reduction requirements of HUD's lead -based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead -based paint rules (e.g., Repair, Reno- vation and Painting; Pre -Renovation Education; and Lead Training and Certification (40 CFR part 745)).

M. The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u, and HUD's regulations at 24 CFR part 75, as applica- ble, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3. Grantees that are not exempt from Section 3 must submit annual reports of Section 3 accomplishment Perfor- mance Measures in DRGR in January of the calendar year. This report reflects Section 3 accom- plishments for the previous calendar year.

N. The Grantee must not use any Grant Funds to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including en- ergy -related, communication -related, water -related, and waste water -related infrastructure), other structures designated for use by the general public or with other common -carrier or public -utility 5

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GRANT AGREEMENT NO. B-24-CP-CA-0317
functions that serve the general public and are subject to regulation and oversight by the govern- ment, and projects for the removal of an immediate threat to public health and safety or brown - fields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub.

L. 107-118). Public use does not include economic development that primarily benefits private entities.

O. The Grantee must not use any Grant Funds to maintain or establish a computer net- work that does not block the viewing, downloading, and exchanging of pornography. This re- quirement does not limit the use of funds necessary for any Federal, State, tribal, or local law en- forcement agency or any other entity carrying out criminal investigations, prosecution, or adjudi- cation activities.

P. The Grantee must administer its Grant Funds in accordance with the Conflict -of -Inter- est requirements set forth in Appendix 6 of this Grant Agreement.

Q. The Grantee must comply with the governmentwide debarment and suspension re- quirements in 2 CFR part 180 as incorporated and supplemented by HUD's regulations at 2 CFR part 2424.

R. The Grantee must comply with the award term regarding trafficking in persons in Ap- pendix 7 of this Grant Agreement.

S. The assurances and certifications the Grantee has made and submitted to HUD are in- corporated by this reference and made part of this Grant Agreement.

T. Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD's Office of Inspector General (OIG). HUD OIG is available to receive al- legations of fraud, waste, and abuse related to HUD programs via its hotline number (1-800-347- 3735) and its online hotline form. The Grantee must comply with 41 U.S.C. § 4712, which in- cludes informing employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, an employee of the Grantee or a subrecipi- ent—as well as a personal services contractor —who makes a protected disclosure about a Fed- eral grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence of:

1. Gross mismanagement of a Federal contract or grant;

2. Waste of Federal funds;

3. Abuse of authority relating to a Federal contract or grant;

4. Substantial and specific danger to public health and safety; or

5. Violations of law, rule, or regulation related to a Federal contract or grant.

U. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if ap- plicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provi- sions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds 6

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FY 2024 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-24-CP-CA-0317
obligated by HUD on or after the applicable listed effective dates, are subject to BABA require- ments, unless excepted by a waiver.

ARTICLE V. Drawdown Requirements
A. The Grantee may not draw down Grant Funds until HUD has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable.

B. The Grantee must use DRGR to draw down Grant Funds and report to HUD on activ- ities.

C. The Grantee must enter activity and budget information in DRGR that is consistent with the Grantee's Approved Project Narrative and Approved Budget as described in Article III, sections A and B of this Grant Agreement and complies with HUD's instructions for entering in- formation in DRGR found in the document titled "Grant Award Instructions" that accompanies the Grant Agreement.

D. The Grantee must only enter activities in DRGR that are described in the Approved Budget.

E. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR.

F. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement.

G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article VI of this Grant Agreement. The Grantee must expend program income before drawing down Grant Funds through DRGR.

H. Notwithstanding any other provision of this grant agreement, HUD will not be re- sponsible for payment of any Grant Funds after the date Treasury closes the account in accor- dance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised to make its final request for payment under the grant no later than September 15, 2032.

ARTICLE VI. Program -Specific Reporting Requirements
In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program -specific reporting requirements apply to the Grantee:

A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the report- ing period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6 -month reporting period. The first of these 7

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reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD.

B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplish- ments to the objectives of the Project as described in Article III, section A of this Grant Agree- ment, the reasons why established goals were not met, if appropriate, and additional pertinent in- formation including, when appropriate, analysis and explanation of cost overruns or high unit costs.

C. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants.gov website ( https://www . grants.gov/web/grants/forms/post-award-reporting-forms.html).

D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report in DRGR and identify the correc- tions the Grantee must make.

E. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report.

F. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website ( https://www.grants.gov/web/grants/forms/post-award- reporting-forms.html). This reporting obligation includes submitting status reports on real prop- erty at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting re- quests for disposition instructions as provided by 2 CFR 200.311, 200.31, and 200.314.

ARTICLE VII. Project Closeout
A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement.

B. The Grantee must submit to HUD a written request to close out the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A of this Grant Agreement. HUD will then send the Closeout Agreement and Closeout Certification to the Grantee.

C. At HUD's option, the Grantee may delay initiation of project closeout until the resolu- tion of any findings as a result of the review of semi-annual activity reports in DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings.

D. The Grantee recognizes that the closeout process may entail a review by HUD to de- termine compliance with the Grant Agreement by the Grantee and all participating parties. The 8

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Grantee agrees to cooperate with any HUD review, including reasonable requests for on -site in- spection of property acquired or improved with grant funds.

E. No later than 120 calendar days after the Period of Performance, Grantees shall pro- vide to HUD the following documentation:

1. A Certification of Project Completion.

2. A Grant Closeout Agreement.

3. A final financial report giving:
i) the amount and types of project costs charged to the grant (that meet the allowability and allocability requirements of 2 CFR part 200, subpart E); ii) a certification of the costs; and
iii) the amounts and sources of other project funds.

4. A final performance report providing a comparison of actual accomplishments with the objectives of the Project, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns.

5. A final property report, if specifically requested by HUD at the time of closeout.

ARTICLE VIII. Default
A default under this Grant Agreement shall consist of any use of Grant Funds for a pur- pose other than as authorized by this Grant Agreement, any noncompliance with statutory, regu- latory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee's submissions to HUD in an- ticipation of this award. If the Grantee fails to comply with the terms and conditions of the Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2 CFR part 200, as may be amended from time to time. If HUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time. HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other applicable pro- visions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agree- ment shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third party.

ARTICLE IX. HUD Contact Information
Except where this Grant Agreement specifically states otherwise, all requests, submissions, 9

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and reports the Grantee is required to make to HUD under this Grant Agreement must be made in accordance with HUD's grant instructions found in the document titled "FY2024 Economic Development Initiative - Community Project Funding Grant Guide" that accompanies the Grant Agreement.

This agreement is hereby executed on behalf of the Grantee and HUD as follows:

GRANTEE
City of Beaumont
(Name of Organization)
BY: _
(Signature of Authorized Official)
Elizabeth Gibbs, City Manager
(Typed Name and Title of Authorized Official)
(Date)
HUD
BY:

Brooke Bohnet,
Associate Deputy Assistant Secretary for Economic Development (Date)
10

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APPENDIX 1— Project Narrative
The approved narrative has been appended to the end of the grant agreement.

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APPENDIX 2 — Approved Budget
The approved budget has been appended to the end of the grant agreement.

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APPENDIX 3 — Grantee's Indirect Cost Rate Information
As the duly authorized representative of the Grantee, I certify that the Grantee:

Will not use an indirect cost rate to calculate and charge indirect costs under the grant.

Will calculate and charge indirect costs under the grant by applying a de minimis rate as provided by 2 CFR 200.414(f), as may be amended from time to time. ❑ Will calculate and charge indirect costs under the grant using the indirect cost rate(s) listed below, and each rate listed is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 CFR part 200 and, if required, was approved by the cognizant agency for indirect costs.

Agency/Dept./Major Function Indirect cost rate Direct Cost Base %
BY: _
(Signature of Authorized Official)
(Typed Name and Title of Authorized Official)
(Date)
Instructions for the Grantee's Authorized Representative:

You must mark the one (and only one) checkbox above that best reflects how the Grantee's indirect costs will be calculated and charged under the grant. Do not include indirect cost rate information for subrecip- ients.

The table following the third box must be completed only if that box is checked. When listing a rate in the table, enter both the percentage amount (e.g., 10%) and the type of direct cost base to be used. For ex- ample, if the direct cost base used for calculating indirect costs is Modified Total Direct Costs, then enter "MTDC" in the "Type of Direct Cost Base" column.

If using the Simplified Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the first row of the table.

If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major func- tion, and the type of direct cost base to which the rate will be applied.

If the Grantee is a government and more than one agency or department will carry out activities under the grant, enter each agency or department that will carry out activities under the grant, the indirect cost rate(s) for that agency or department, and the type of direct cost base to which each rate will be applied. 13

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To learn more about the indirect cost requirements, see 2 CFR part 200, subpart E; Appendix III to Part 200 (for Institutions of Higher Education); Appendix IV to Part 200 (for nonprofit organizations); Appendix VII to Part 200 (for state and local governments and Indian Tribes); and Appendix IX to Part 200 (for hospitals).

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APPENDIX 4 —
Award Term and Condition for Grantee Integrity and Performance Matters Reporting of Matters Related to Grantee Integrity and Performance (a) General Reporting Requirement.
(1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of per- formance of this Federal award, then you as the grantee must ensure the information available in the responsibility/qualification records through the System for Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110- 417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all in- formation posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available.
(b) Proceedings About Which You Must Report.
(1) You must submit the required information about each proceeding that— (i) Is in connection with the award or performance of a grant, cooperative agreement, or procure- ment contract from the Federal Government;
(ii) Reached its final disposition during the most recent five-year period; and (iii) Is one of the following —
(A) A criminal proceeding that resulted in a conviction; (B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (C) An administrative proceeding that resulted in a finding of fault and liability and your pay- ment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
(D) Any other criminal, civil, or administrative proceeding if — (1) It could have led to an outcome described in paragraph (b)(1)(iii)(A) through (C);(2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
(3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations.
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(c) Reporting Procedures.

Enter the required information in SAM.gov for each proceeding described in paragraph (b) of this award term. You do not need to submit the information a second time under grants and coop- erative agreements that you received if you already provided the information in SAM.gov because you were required to do so under Federal procurement contracts that you were awarded. (d) Reporting Frequency.

During any period of time when you are subject to the requirement in paragraph (a) of this award term, you must report proceedings information in SAM.gov for the most recent five-year period, either to report new information about a proceeding that you have not reported previously or af- firm that there is no new information to report. If you have Federal contract, grant, and coopera- tive agreement awards with a cumulative total value greater than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative proceedings. (e) Definitions.

For purposes of this award term —
Administrative proceeding means a non -judicial process that is adjudicatory in nature to make a determination of fault or liability (for example, Securities and Exchange Commission Adminis- trative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.

Conviction means a judgment or conviction of a criminal offense by any court of competent ju- risdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.

Total value of currently active grants, cooperative agreements, and procurement contracts in- cludes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding).
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APPENDIX 5 — Specific Award Conditions
NONE.

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APPENDIX 6 - Conflict of Interest Requirements

1. Conflicts Subject to Procurement Regulations. When procuring property or services, the grantee and its subrecipients shall comply with the applicable conflict -of -interest rules in 2 CFR 200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318(c), the Grantee and its subrecipients must follow the requirements contained in para- graphs 2-5 below.

2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee or subrecipient and who exercises or has exercised any func- tions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcon- tract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage, or adop- tion) the spouse, parent (including a stepparent), child (including a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in-laws of a covered person.

3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the Grantee's written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the Grantee's Project, considering the cumulative effects of the factors in paragraph (v).

4. Threshold requirements for exceptions. HUD will consider an exception only after the Grantee has provided the following documentation:
a. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how that disclosure was made; and
b. An opinion of the Grantee's attorney that the interest for which the exception is sought would not violate state or local law.

5. Factors to be considered for exceptions. In determining whether to grant a requested exception after the Grantee has satisfactorily met the threshold requirements in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable:
a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; c. Whether the person affected is a member of a group or class of low- or moderate -in- come persons intended to be the beneficiaries of the assisted activity, and the exception 18

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will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class;
d. Whether the affected person has withdrawn from his or her functions or responsibili- ties, or the decision -making process regarding the assisted activity in question; e. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (ii);
f. Whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and g. Any other relevant considerations.

6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any potential conflict of interest.
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APPENDIX 7 — Award Term and Condition Regarding Trafficking in Persons The following award term and condition, which is required by 2 CFR part 175, applies as writ- ten:
(a) Provisions applicable to a grantee that is a private entity. (1) Under this award, the grantee, its employees, subrecipients under this award, and sub - recipient's employees must not engage in:
(i) Severe forms of trafficking in persons;
(ii) The procurement of a commercial sex act during the period of time that this award or any subaward is in effect;
(iii) The use of forced labor in the performance of this award or any subaward; or (iv) Acts that directly support or advance trafficking in persons, including the following acts:
(A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; (B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
(1) Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agree- ment; or
(2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action; (C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that em- ployment;
(D) Charging recruited employees a placement or recruitment fee; or (E) Providing or arranging housing that fails to meet the host country's housing and safety standards.
(2) The Federal agency may unilaterally terminate this award or take any remedial ac- tions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award:
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(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or (ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the grantee or the subrecipient using the standards and due process for im- puting the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocure- ment)," as implemented by HUD at 2 CFR part 2424.
(b) Provision applicable to a grantee other than a private entity. (1) The Federal agency may unilaterally terminate this award or take any remedial ac- tions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or (ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the subrecipient using the standards and due process for imputing the con- duct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement)," as imple- mented by HUD at 2 CFR part 2424.
(c) Provisions applicable to any grantee.
(1) The grantee must inform the Federal agency and the Inspector General of the Federal agency immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this appendix.
(2) The Federal agency's right to unilaterally terminate this award as described in para- graphs (a)(2) or (b)(1) of this appendix:
(i) Implements the requirements of 22 U.S.C. 78, and
(ii) Is in addition to all other remedies for noncompliance that are available to the Federal agency under this award.
(3) The grantee must include the requirements of paragraph (a)(1) of this award term in any subaward it makes to a private entity.
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Beaumont City CouncilDecember 17, 2024

Beaumont City Council
December 17, 2024