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HomeMy WebLinkAboutResolution - 2000-R0241 - Contract - Sanford Insurance - Machinery Insurance Coverage Service - 07/13/2000Resolution No. 2000-80241 July 13, 2000 Item No. 22 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract with Sanford Insurance/CNA of Lubbock, Texas, for Boiler and Machinery Insurance Coverage Services, and all related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of July , 2000. ATTEST: APPROVED AS TO CONTENT: t 11 h; �4A AWA Victor hnan Purchasing Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney WCcdocs/2000Sanford lnsurance.res June 29, 2000 I Resolution No. 2000-RO241 Ju3.y 13, 2000 Item No. 22 BOILER AND MACHINERY INSURANCE AGREEMENT THIS AGREEMENT entered into this 15'h day of July, 2000 by and between the CITY OF LUBBOCK, TEXAS, a Municipal Homerule Corporation (hereinafter called "City") and SANFORD INSURANCE AGENCY, a registered agent/broker in the State of Texas, (hereinafter called "Agency"). RECITALS WHEREAS, The City desires to purchase coverage for Boiler and Machinery Insurance; and WHEREAS, the Agency is qualified and has demonstrated that it can provide said coverage; and WHEREAS, the City and the Agency desire to enter into an Agreement to provide said services. NOW THEREFORE, the parties agree as follows: 1. The parties agree to abide by the terms and conditions of the Boiler and Machinery Insurance policy and all it's amendments and endorsements, which are attached hereto as Exhibit "A" which is incorporated as if fully set forth herein. 2. This agreement is for a term of one (1) year from the effective date and may be negotiated and renewed annually for two (2) additional one (1) year terms at the mutual agreement of both parties. 3. Notices or communications from the City to the Agency shall be addressed to the Agency and shall be deemed to be duly given or served, if the same shall be sent by United States mail, return receipt requested, to the address shown below: Sanford Insurance Agency 6303 Indiana Avenue P. O. Box 64790 Lubbock, Texas 7946404790 Notices or communications from the Agency to the City shall be addressed to the City and shall be deemed to be duly given or served if the same shall be sent by United States mail, return receipt requested, to the address shown below: Boiler and Machinery Insurance Agreement, City of Lubbock & Sanford Insurance Agency Page 1 City of Lubbock P. O. Box 2000 Lubbock, Texas 79457 Notices and communications described in this paragraph that are sent by United States mail will be deemed to be duly given or served on the third business day following the date the notice is mailed. 4. THIS CONTRACT SHALL BE CONSTRUED AND ENFORCED ACCORDING TO THE LAWS OF THE STATE OF TEXAS. VENUE SHALL BE LUBBOCK COUNTY, TEXAS. 5. The City may terminate the services of the Agency at any time upon giving the Agency sixty (60) days written notice. The Agency may terminate in accordance with the contract and the laws of the State of Texas by giving sixty (60) days written notice. The Agency after termination shall complete the processing of all services described in the Agreement, which have commenced prior to the effective date of the termination of this agreement. SIGNED THIS DAY, the 13th of July , 2000. � 1►Irk 'k WID I'll r• •� APPROVED AS O CONTENT: Mary AndiQws Managing Director Human Resources SANFORD INSURANCE AGENCY By: a Title: r'eS c APPROVED AS TO FORM: William de Haas Competition and Contracts Manager Boiler and Machinery Insurance Agreement, City of Lubbock & Sanford Insurance Agency Page 2 r L� r' REYEWAL ENDORSEMENT It is asrreed that in consideration of the payment of the renewal p=ivaL this policy, as amended by the endorsements attached thereto, is hereby renewed for the period stated below, subject to all itsterms, except as otherwise stated below-. Renewal Premium: 513,909-00 Policy Period: From December 31, 1999 To December 31, 2000 Limit ofl:iabilirv. (a) S1,000,000 each claim (b) 51,000,000 aggregate each policy period Deductible: (a) 55,000 each claim (b) S15,000 aggregate each policy period Further, this insurance is hereby amended as indicated by "X". 1- [ ] Named Insured Changed, as Shown Below 2. [ J Insured's Address Changed, as Shown Below Additional Insureds) -or Subject(s) of Coverage, Tamed Below, Added 4. [ J Additional Insureds) or Subject(s) of Coverage, Named Below, Deleted 5. [ ] Other This endorsement forms a part of the policy to which attached Mail To: Issued To: IIAT Insurance Agency, Inc. Sanford Insurance Agency P.O. Box 634437 6303 Indiana Avenue Austin, TX i 3 7 63 PO Box 64790 Lubbock, TX 79464 Endorsement Effective December 31. 1999 Countersigned. .. ............... Authorized Representative Policy No. PALS9501-6 EMPLOYERS REINSURANCE CORPORATION President Secretary P aL I a Endorsement Serial tio. PAL- I A ( I Q9. ) The Declarations. Form ERC1219j. Item 1. Named Insured is completed to read: The Sanford Agency, Inc, dba Sanford Insurance Agency; " S.T, Insurance Services, Inco The Sanford Agency, Inc. dba Snyder Insurance Agency, S.T. Insurance Services, Inc. dba Sanford Association Billing All other terns and conditions of this policy shall remain unchanged This endorsement forms a pact of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to the Preparation of the policy.) Endorsement Effective December 31, 1993 Policy No. PALS9501 - 4 Named Insured Sanford insurance Agency Countersigned. E VPLOY£RS R£I1VSUR4eVC£ CORPOR4TIOrV ........................................ 44AIAA- Authorized Representative President Secretary Endorsement Serial No. G-50 JUr► 21 'DO 04:34PM V►A Ir► UPPI'Cr CWA For All the Commriments You Make' P.2 Important Notice To Policyholders Property, Crime, Inland Marine and Boiler and Machinery Coverage Parts (Attachment of G -129948-A, Exclusion of Coverage For Date Related Costs) This notice is designed to give you an overview of how the Property, Inland Marine, Crime or Boiler !Machinery Coverage Part or your policy addresses date related c,aims. This notice is not your policy. READ YOUR POLICY CAREFULLY to determine rights, duties, and what is and is not covered. Only the provisions of your policy de- termine the scope of your insurance protection. If your policy contains a Property, Inland Marine, Crime or Boiler Machinery Coverage Part, G -129948-A, Exclusion of Coverage For Date Related Costs will be attached to your policy. This new exclusion endorsement specifically reinforces that there is no coverage under the Commercial Property, Inland Marine, Crime and Boiler and Machinery Coverage Parts of your policy for. • Costs or expenses incurred to assess, design, identify, inspect, install, maintain, modify, monitor. rectifry, re- pair, replace, reprogram or test any equipment, systems, software or their components due to the manner, or in anticipation of the manner, in which equipment, systems, software, or their components recognize,: inter- pret, process or differentiate dates or times, or are unable to recognize, interpret, process or differeintiate dates or times; or • Loss of business income or extra expense incurred due to the period of time required to assess. design, iden- tify, inspect, install, maintain, modify, monitor,rectify, repair, replace, reprogram or test any equipment, sys- tems, software or their components due to the manner, or in anticipation of the manner, in which equipment systems, software, or their components recognize, interpret, process or differentiate dates or times, or are unable to recognize. interpret, process or differentiate dates or times. Please note that this exclusion endorsement is not a reduction in the coverage provided under the existing policy forms. Physical loss or damage is a prerequisite to coverage under all first party property damage and time ele- ment coverages, as set forth clearly in your policy. In the majority of cases, it is anticipated that date -related inci- dents will not result in direct physical loss or damage, but will instead result in dissatisfaction with the manner in which equipment, systems, software, or their components recognize, interpret, process or differentiate dates or times, even though the property is operating as it was designed or programmed to operate. For example, if the equipment is programmed to only accept the last two digits of any year (e.g. XX) and the programming is also designed to recognize the first two digits of the year as 19, the equipment will correctly recognize the year 2001 as 1901, as designed. It may not be the result that the user is looking for, but there is no direct physical loss or damage to the equipment, as it is performing exactly as It was designed. In the event direct physical loss or damage does result from a date related incident, we will rely on our existing policy provisions and exclusions in determining whether or not there is coverage for the resulting loss or damage. G-1 32246-A (Ed. 07/98) T111-21-2000 17 : 991': P. 02 7url 21 '00 04:3-4PI'l 1:1`44 1r1SLFf44f:E vor Alt the Commitments You Make' GENERAL COMMERCIAL PROGRAM GENERAL DECLARATIONS RENEWAL OF Named Insured and.Mailing Address Agent Business Description Insured Is: ❑ Individual ❑ Corporation ❑ PartnersNo ❑ Joint venture ❑ Other F.3 Insurance is provided for only those coverages for which a premium is shown and is subject to a1i the terms and conditions outlined in each coverage section. The specific limits of coverage are shown on each coverage declaration sheet. The insuring company providing each specified coverage shah be your insurer for that part Coverage Polity Policy _ -- Insuring g Period Number cr„"r 12"U Pre"Wm, Commercial Property Fr. To: $ Commercial General Liability Fr To: To: ommercial Crime Fr. To: $ Commercial Inland Marine Fr. To: $ Boiler and Machinery Fr To: 5 Ccmmercial Auto Fr. To: S Other (Describe): Fr. To: S Other (Describe), Fr. _ To: S Other (Deccbe): 1 Fr. To: $ TOTAL S —W ra7a�ic a6 nu.cyuull v# w7 wiaiu.almw W14 tofu n1VIVIUup1 VOVCFdWC Wcuarinuona. Forms applicable to all coverages except Other (Described): Ccuntersigned, Date 41•A Chairmen of the Board By: Authorized Agent Secretary THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM(S) AND FORMS AND =NOORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICYSES) 'a -56376-A !ED 71Ee DATE ISSUED- June 21, 200 T111-21-2000 1-1:377 99% P. 0-1 .;Ur1 21 04:3.112ri (.r 1A jr+_i_FF,,-= COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject ao the fcifawing conditions. A. CANCELLATION 1. The first Named Insured shown in the Decla- rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. ' We`may cancel this policy by. mailing or de- livering to the first Named Insured written notice of cancellation at least: a. 19 days before the effective date of dancellation if we cancel for nonpay- ment of premium; or b. 30 days before the effective date o' cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. P..1, fl. inspections And Surnarys We have the right but are not obligated to: 1. Make inspections and surveys at anytime, 2. Give you reports on the conditions we find: and S. If this policy is cancelled, we will send the first Named Insured- any premium refund E. due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the re- fund may be less than pro rata. The cancel- lation will be effective even if we have not made or offered a refund. S. If notice is mailed, proof of mailing will be sufficient proof of notice. S. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent This policy's terms can be amended or waived only by en- dorsement issued by us and made a part of this policy. .C. Examinatlon Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. F. 3. Recommend changes. Annyy inspections, surveys, reports or recomrrien- dations relate only to Asurabitrty and the rerrs- ums to be charged. We do not matte safety in- spections. We do not undertake to, perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us. but also to any rating, advisory, nate service or similar or- ganization which makes insurance inspections, surveys. reports or recommendations. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premi- ums: and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent ex- cept in the case of death of an individual Named Insured. f you die, your rights and duties will be trans - erred to your legal representative but only while acting within the scope of duties as your legal representatnre. Until your legal representative is appointed, anyone having proper temoorary custody of your property will have your rights and duties but only with respect to that property IL 0017 1185 Copyright, Insurance Services Office, Inc., 1983, 1992 7111-21-2000 1-7: 99% P. 0- 7ur+ 21 cc 04 : 3Si-r1 r_r ii; it isup-r u.r_ p c INTERLINE IL 00 03 04 98 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMPRCIAL AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY - NEW YORK The follawing is added: The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect IL 00 03 04 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 T111-21-2000 17. 17 P. cc J 11JI c1 '00 04:35pri CNA Iri,�JFr�ta=_ F. 0 IL 02 8811 92 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION .. AND NONRENEWAL This endorsement modifies insurance provided under the fo,lowing: BOILER AND MACHINERY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART A. The following is added to Paragraph 2. of the CANCELLATION Common Policy Condition: We may cancel this policy for any reason except, that under the provisions of the Texas Insurance Code, we may not cancel this policy solely because the policyholder is an elected official. S. The following condition is added: NONRENEWAL We may elect not to renew this policy except. that under the provisions of the Texas insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected official. 0 IL 02 88 1192 Copyright, Insurance Services Office. Inc., 1993 Page 1 of 1 1111-21-2 000 17: 37 39/. P. E5 1I J; 21 ' ^0 0,4 : ?5i -r1 ::"If; it �,LPFr P.7 IL 04 7109 92 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - LOSS PAYMENT This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL CRIME COVERAGE PART FARM COVERAGE PART — LIVESTOCK COVERAGE FORM FARM;COVERAGE PART—MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM COMMERCIAL INLAND MARINE COVERAGE PART A. LOSS PAYMENT 1. With respect to the BOILER AND MACHI- NERY COVERAGE PART and COMMER- CIAL CRIME COVERAGE PART, the following conditions are added. 2. With respect to the COMMERCIAL INLAND MARINE COVERAGE PART, the following conditions replace Item E. LOSS PAYMENT in the Commercial Inland Marine Loss Conditions. 3. With respect to the FARM COVERAGE PART, the following conditions replace paragroohs c. and t. of the Loss Payment Condition - a. Claims Handling (1) Written 15 days after we receive written notice of claim, we will: IL 01 7109 92 (a) Acknowledge receipt of the clam. If we do not acknowledge receipt of the claim in writing, we will keep a record of the date, method and content of the acknowledgment; (b) Begirr any investigation of the claim; and (c) Request a signed, sworn proof of loss, specify the in- formation you nwst provide and supply you with the necessary forms. We may request more information at a later date, if during the investigation of the ckairn such additional information is necessary. (2) We will notify you in writing as to whether. (a) the claim or part of the claim will be paid; (b) The claim or part of the claim has been denied, and inform you of the reasons for denial; (c) More information is necessary; or (d) We need additional time to reach a decision. If we need additional time, we will Inform you of the reasons for such need. We will provide notification as described in (2)(a) through (2)(d) above, within: (1) 15 business days after we receive the signed, sworn proof of loss and all information we requestea: or Copyright. Insurance Services Office, Inc., 1992 Page 1 of 2 JIJ I-2 i -?000 i ^ -- 9131k P. Till 21 '00 0.4* 35pm r:rlF Ir;SLFAru P.8 (II) 30 days after we within 5 business days after the date receive the signed, you have complied with such terms. sworn proof of loss and C. castropbe clahns all information we requested, if we have If a claim results from a weatMr reason to believe the retated calasttaghe or a major natural loss resulted from disaster, the clam handling and claim arson. payment deadlines described In a. If we have notified that we and b. above are extended for an additional 15 days. need additional titre to mach a decision, we must then either Catastrophe or Major Natural Oisaster approve or deny the claim within means a weather related event which 45 days of such notice. is: b. 'We will pay for covered loss or (1) Declared a disaster under the damage within 5 business days after. Texas Disaster Act of 1975; or (1) We have notified you that (2) Determined to be a catastrophe payment of the claim or part of by the State Board of Insurance the claim will be made and have d. The term "business day", is used in reached agreement with you on this endorsement, means a day other the amount of loss; or ' than Saturday, Sunday or a holiday (2) An appraisal award has been recognized by the state of Texas. made. B. With respect to the Commercial Inland Marine However, if payment of the claim or coverage part the following is added: part of the claim -it conditioned on We will not be liable for an y Part $ # your compliance with any of the terms _ has been paid or made good by others. of this policy, we will make payment IL 01 7109 92 Copyright, Insurance Services Office, Inc.. 1992 Page 2 of 2 7Ur 1-21-2000 17: 77 99% P. 08 1114 21 '0,0 04: ---6ptl f:r Ip I r I SUP r a: - P.9 G -124576-A ,ED. 02196) 111.1-21-2000 + 99.': P. 0.3 CA!A For A/1 the ComntRArcnts VbU ;Make` POLICY NUM8ER COVERAGE PROvFQED e7 F AGCY NAMED INSURED AND ADDRESS I AGENT POLICY PQRIOD' t j From To at 12:01 A.M. Standard Time at your mailing address shown above. BOILER AND MACHINERY COVERAGE PART DECLARATIONS -�� .-- IN RETURN FOR THE PAYMENT OF THE PREMIUM, AN17 SUBJECT TO ALL THE TERMS CONTAINED HEREIN, WE AGREE WITH YOU TO PROVtDc THE INSURANCE As STATED. LIMITS OF.INSURANCE AND PREMIUM LIMITS OF INSURANCE DEDUCTIBLE PREMIUM ~LOCATION OF'OBJECTS' SHOWN BELOW:._ THE NUMBERS APPEARING IN THE COLUMNS ENTITLED'FORM NUMBER" AND'PARAGRAPH NUMBER" IDENTIFY THE OBJECT DEFINITIONS ENDORSEMENT AND PARAGRAPH NUMBER WHICH APPLY TO THE DESCRIPTION OF OBJECT OPPOSITE THE FORM AND PARAGRAPH NUMBERS FOR THE CORRESPONDING LOCATION THAT IS SHOWN. INSURANCE IS PROVIDED ONLY FOR THE OBJECTS DESCRIBED BELOW. FORM PARAGRAPH NUMBER NUMBER DESCRIPTION OF OBJECT COVERAGE j 1 I i I I i I i I I G -124576-A ,ED. 02196) 111.1-21-2000 + 99.': P. 0.3 P. 'a Fo U the Gommitmenls rou Make` PO Y NUMB&R f COVERAGE PROVIDED BY I AGENCY NAMED INSUF D AND ACORESS AGENT POLI Fro Y PERIOD: ! To at 12:0f A .M. Sta dard Time at your mailing address shown above. FO MS AND ENDORSEMENTS: FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART AND MADE A PART OF THIS �MO POLICY AT TIME OF ISSUE: TGAGEE/LOSS PAYEE MORTGAGE HOLDER'S NAME AND ADDRESS: LOSS PAYEE'S NAME AND ADDRESS: w.._w � SP IAL PROVISIONS: •���������� � —~w� SPECIAL PROVISIONS, IF ANY. COL NTERSIGNED BY. DATE AUTHORIZED AGENT P Tr _1 ',10 0.4.36rr1 (:NA IrrSUPAru:E P.11 BOILER AND MACHINERY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAIRIElFIULLY. Object Definitions No. 6 Comprehensive Coverage including Production Machines This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE FORM A. 'Object" means any: 1. Boiler; fired vessel, unfired vessel normally subject to vacuum or internal pressure other thanwee ht of its contents, refrigerating and air conditioning vessels, and any metal piping and its accessory equipment; 2. Mechanical or electrical machine or appa- ratus used for the generation, transmission or utilization of mechanical or electrical power. 3. Any of the following vessels listed below are included within the provisions of this section when used, with an "object': a. Condensate return tank; b. Cushion or expansion tank used with a hot water heating boiler. S. "Object" does not mean any: 1. Part of a boiler, fired vessel or electric steam generator that does not contain steam or water; 2. Insulating or refractory material; 3. Non-metallic vessel. unless it is constructed and used in accordance with the American Society of Mechanical Engineers Code; (A.S.M.E.) 4. Catalyst, S. Buried vessel or piping: 6. Sewer piping, piping forming a part of a fire protection or water piping other than: a. Feed water piping between any boiler and its feed pump or injector; or b. Boiler condensate return piping; or c. Water piping forming a part of ref-iger- ating and air conditioning vessels and piping used for cooling, humidifying or space heating purposes; T. Part cf a vessel that is not under. a. Pressure of the contents of the vessel; or b. Internal vacuum; S. Oven, stove, furnace, incinerator, pot, or kiln; S. Structure, foundation cabinet or compart- ment containing the object; 10. Power shovel, dragline excavator, vehicle. aircraft, floating vesse4 or structure, pen- stock, draft tube or well -casing; 11. Conveyor, cane, elevator, escalate or hoist, but not excluding any electrical ma- chine or electrical apparatus mounted -on or used with this equipment; 12. Electronic computer or electronic data proc- essing equipment unless used to operate one or more insured objects; 13. Media used with any electronic computer or electronic data processing equipment 14. Machine or apparatus that is used for re- search, medical, diagnostic, surgical, dental or pathological purposes; 16. Felt, wire, screen, die, extrusion plate, swing hammer, grinding disc, cutting blade, cable, chain, belt, rope, clutch plate, brake pad, non-metallic part. or any part or tool subject to frequent periodic replacement; 1S. "Object" manufactured by you for sale. C. For any boiler or fired vessel, the furnace of the "object" and the gas passages from there to the atmosphere will be considered as outside the "object". SM 00 31 02 91 Copyright, Insurance Services Office, Inc., 1990, 1991 Page 1 of 2 Opt:3EPr•? GiF Ir+S;�FHr;�.= x.12 l 3 0. When a vessel uses a heat transfer medium other than water or steam we will consider the medium or its vapor as substitutes for the words—grater or steam. E. We will consider that the - connected ready for use - requirement of the Coverage Form and its endorsements has been met by any 'object' in this section if that "object" is: I . Periodically filled, moved, emptied and refilled in the course of its- normal serv- ice and 2.. Used for storage of gas or liquid. F. For arjy gas turbine "Accident" does not in- clude the cracking of any part of the object exposed to the products of combustion. BM 00 3102 91 G. We will not pay for loss or damage to any Catalyst. H- We wall not pay for. i. Damage to media used with any elec- tronic computer or electronic data prod essing equipment; or 2. Any indirect loss resulting fmm damage to that media. 1. For any "object" covered by this endorse- ment, Paragraph F.1.e. of the definition of 'accident" in the BOILER AND MACHINERY COVERAGE FORM is replaced by the fol- lowing: Breakdown of any electronic computer or electronic data processing equipment un- less used to operate one or more insured objects. Copyright. Insurance Services Offce, Inc.. 1990, 1991 Page 2 of 2 ',�o Opt:;;=r1 :r,A Iri.UFk1(:E BOILER AND MACHINERY COVERAGE FORM variouprgviskm in this policy resbid coverage. Read ti" e entire polity carefully to determine rights, duties nd What is and is not covered. Throu out. this policy the words "you" and "your" refer t the Named Insured shown in the declara- tions. he aids 'Ve," "us" and "our" fefer to the Compa iy poviding this insurance. Otherordf and phrases that appear in quotation marks av special meaning. Refer to Section F. - DEFINJT10111115.1 A. CCNEMGE Wej will pay for direct damage to Covered Prop - e ca ed by a Covered Cause of Loss. 1. ; Colored Property Co red Property, as used in this Coverage ParrTmeens any property that a. 'You own; or b. Js in your care, custody or control and ltor which you are legally liable. In add! - lion to paying for loss to this property. we will defend you against any claim or "Suit" alleging Lability for damage to this ;'Property, subject to the Defense and the ;Supplementary Payments provisions 2. Co4ered Cause of Loss I A Livered Cause of Loss is an "accident" to ' an .obiect" shown in the Declarations. An "ob ct must be in use or connected ready for Ise at the location specified for it at the time of the "accident". 3. C019rage Extensions a. lExpediting Expenses With respect to your damaged Covered i Property. we will pay the reasonable f extra cost to: (1) Make temporary repairs; 12) Expedite permanent repairs; and .(3) Expedite permanent replacement We restrict the amount payable for Ex- pedhing expenses as explained in the ' Limits of Insurance section of this Cov- erage Form P.13 b. Automatic Coverage for A Newly Ac- quired Location We will automatically cin W an "acci- dent" to an ',object' at a newly acquired location. This automatic coverage be- gins at the time you acquire " gamey and continues for fife *Ws, wrtdw ' he following corxfiU s: (1) You must inform us, in writing, of tt" newly acquired location within 90 , days of the date you acquire it (2) The "object" must be in use or con- nected ready for use at the time of acquisition and throughout the pe- riod of automatic coverage and be of a type that would be included in any 'Object" Group Description shown in the Declarations; (3) The Limit of Insurance and Deducti- ble amount will be the h'�ghest amounts shown in the Declara3ions for the same type of "objecf? (4) We will not be liable under this cov- erage for Consequential Damage, Business Interruption, or any-` other indirect loss resulting from an"acci- dent- to an "object"; and (S) You agree to pay an additional pre- mium as determined by us. c. Defense If a claim or "suit" is brought against you alleging that ou are liable for damage to property that in your care cus- tody or control, that was directly caused by an "accident" to an "object," we will, ether. (1) Settle the claim or "suit"; or (2) Defend you against the claim or "suit," but keep for ourselves the right to settle it at any point. d. Supplementary Payments We will pay, with respect to any claim or "suit" we defend: (1) All expenses we incur. BM 00 is 0191 Copyright. Insurance Services Office, Inc., 1963, 1990 Pitt -=1-2000 1" Page 1 of 6 P.1: (2) The cost of bonds to release at- b. Warlike action by a military force. in- tachments, but only for bond cluding action in hindering or defending amounts within the Limit of Insur- against an actual or expected attack. by ance. We do not have to furnish any government, sovereign or other these bonds, authority using nutitary personnel or (3) All reasonable expenses incurred by other agents; or you at our request to assist us in the c. Insurrection, rebellion, revolution investigation or defense of the daim usurped power or action taken by qw- or suit," including actual loss of ermmantal authorittr In hbviering or de - earnings up to 5100 a day because t<eod cog agaLlst any of mese of Erne off from work, 4. Other Exclusions (d) All costs taxed against you in any "Suit' we defend; Loss caused by or resulting from: (5) Pre judgment interest awarded a, An explosion. However, we will pay. for loss caused by or resulting from an ex- ; against you on that part of the Judgment we pay. If we make art plosion of an "object" of a kind described "objets" offer to pay the applicable Limit of below and only to covered by this an and as described on an Insurance, will not pay any pre- Object Definitions endorsement: jud merit interest based an that pe- o riod of time after the offer: and Explosion of any: (6) All interest on the full amount of any (1) Steam boiler, judgment that accrues after entry of (2) Electric steam generator; the judgment and before we have (3) Steam piping; paid, offered to pay, or deposited in (4) Steam turbine; court the part of the judgment that is (5) Steam engine: within the Limit of Insurance shown (6i Gas turbine; or in the Declarations. (7) Moving or rotating machinery These payments will not reduce the caused by centrifugal force or Limit of Insurance. mechanical breakdown. B. EXCLUSIONS b. Fire or explosion that occurs at the We will not pay for same time as an "accident' or that en - 1. Ordinance or Law sues from an "accident'. With respect to any electrical equipment forming a part Any increase in loss caused by or resulting of an "object", this exclusion is changed .from the enforcement of any ordinance, law, to read: regulation, rule or ruling regulation or re- stricting repair, replacement, alternation, explosion "object' l "ac- the operation, construction or installation. As used here increase in loss also includes that occursex same time as an cident' or ensues from an "accident". expenses incurred beyond those for which c. Explosion of gas or unconsumed fuel we would nave paid if no substance de- within the fumace of any boiler or fired clared to be hazardous to health by a gov- vessel or within the passages from that ernmental agency had been involved in the furnace to the atmosphere, whether or "accident". not the explosion is: 2. Nuclear Hazard (1) Contributed to or aggravated by an Loss caused by. or resulting from nuclear re- "accident" to any part of an "object" action or radiation, or radioactive contami- that contains steam or water; or nation, however caused. (2) Caused in whole or in part directly 3. War and Military Action or indirectly, by an "accident" to an Loss caused by or resulting from: "object" or part of an "object". a. War, including undeclared or civil war, BM 00 25 02 91 Copyright, Insurance Services Office, Inc., 1983, 1990 Page 2 of 6 ;i.:ri 3: '00 04:37Fri (a!A Ir1,U1FFr4__ d, An "accident' that is the direct or incirect result of an explosion or fire; e. Water or other means used to extin- guish a fire, even when the attempt is unsuccessM f. Lightri tQ. if coverage for that cme of loss is provided by another ooticy of in- surance you Crave; g. Flood. However. if an "accident" results from a flood, we will pay for direct dam- age to Covered Property caused by the "accident; h. An "accident to any "object" while being tested; I. Ari ` "accident" caused directly or indi- rectly by earth movement, including but not limited to earthquake, landslide, mudslide, subsidence or volcanic erup- tion; J. Lack of power, light, heat, steam or re- frigeration, k. A delay in, or an interruption of, any business, manufacturing or processing activity; or I. Any other indirect result of an "accident" to an "object". We will not pay for any loss excluded above even though any other cause or event contrib- utes concurrently or in any sequence to the loss. C. LIMITS OF INSURANCE 1. We will not pay more than the applicable Limit of Insurance shown in the Declarations for all direct damage to Covered Property that results from any "one accident". 2. The following coverage limitations to our payment for direct damage to Covered Property are part of and not in addition to the Limit of Insurance for this Coverage Form. a. Expediting Expenses Our payment for Expediting Expenses will be limited to: (1) $5,000; or (2) What is left of the Limit of Insurance after we pay your loss for Covered Property damaged by an "accident"; whichever is less. P.,= b. Hazardous Substance Limitation The following applies despite the opera- tion of the 0irdinance or Law Exclusion. Tttis fmitatbn does not apply !a darn - age, contamination or paVuben caused by arrinwia. If Covered Property is damaged con- taminated or polluted as a result of an "accident" to an "object° by a substance declared to be hazardous to healhh t y a governmental agency, the most vre will pay for" additional expenses incurred by you for clean up, repair or replace- ment or disposal d that property- is $5,000. As used here, additional ex- penses mean expenses incurred be- yond those for which we would be liable if no substance hazardous to health had been involved. c. Ammonia Contamination Limitation If Covered Property is contaminated by ammonia as a result of an "accident to an "object," the most we will pay for this kind of damage, including salvage ex- pense, is 55,000. d. Water Damage Limitation If Covered Property is damaged by wa- ter as a result of an "accidenC to cov- ered owered refrigerating or air conditioning vessels and piping, the most we wilt pay for this kind of damage, including sal- vage expense. is $5.000. Any payment made under Section C will not in- crease if more than ore insured is shown in the Declarations. D. DEDUCTIBLE We will not pay for loss or damage resulting from any "one accident" until the amount of loss or damage exceeds the Deductible shown in the Declarations. We will then pay the amount of loss or damage in excess of the Deductible, up to the applicable Limit of Insurance. if more than one "object" is involved in "one accident," only the highest Deductible will apply. EM 00 25 02 91 Copyright, Insurance Services Office, Inc., 1983, 1990 Page 3 of 6 11.rr211-22000 17:77 TJ r i 21 a-4 F..E E. BOILER AND MACHINERY CONDITIONS b. Insurance Under Two or More Cover. The following conditions apply in addition to the age's Common Policy Conditions: If two or more of this policy's coverages 1. Lose Conditions apply to tt* same loss or damage, we a. Duties In the Event of Loss or Dam- vn11 not pay more than the actual amount of the loss or damage subject to the age Limit of tnsumnoe. (1) You must see that the following are C. Legal Action Against Us done in the event of Ioss or damage: No one may bring a legal action against (a) Give us a prompt notice of the us under this Coverage Part unless: loss or damage. Include a de- scription of the • property in- (1) There has been fu(I compliance wit volved all the terns of this Coverage Part; (b) As soon as possible, give us a description of how, when and and (2) years a date where the loss or damage oa aThlteere of thet"ta+ccident2"; curred. (3) We agree in writing that- you have (c) Allow us a reasonable time and an obligation to pay for damage to opportunity to examine the Covered Property of others or until property and premises before repairs are undertaken or ph si- the amount of that obligation has been determined by final judgment cal evidence of the "accident" is or arbitration award. No one has the removed. But you must take whatever measures are neces- right under this policy to bring us into an action to determine your It- sary for protection from further ability. damage. d. Loss Payable Clause (d) Permit us to inspect the property (1) We will pay you and the loss payee and records. Also permit us to shown in the Declarations for- loss take samples of damaged prop- due to an 'accident.' to an "object, erty for inspection, testing and as interests may appear. The insur- analysis. ante covers the Interest of the loss (e) If requested, permit us to ques- payee unless the loss results from tion you under oath, at such conversion, secretion or embezzle- times as may be reasonably re- ment on our art. Y P quired about any matter relating (2) We may cancel the policy as al- to this insurance or your claim, lowed by the Cancellation Condition including your books and rec- Cancellation ends this agreement as ords. In such event, your an- to the loss payee's interest swers must be signed. If we cancel we will mail you and the (f) Send us a signed, sworn state- loss payee the same advance no- ment of loss containing the in- Lice. formation we request to settle the claim. You must do this (3) If we make any payment to the loss within 60 days after our request payee. we will obtain their rights against any other party. (g) Cooperate with us in the inves- e. Other Insurance tigahon or settlement of the claim. (1) You may have other insurance (2) We may examine any insured under subject to the same plan, terms, conditions and provisions as the in- oath, while not in the presence of any other insured and at such times surance under this Coverage Part. If as may be reasonably required you do, we will pay our share of the covered loss or damage. Our share about any matter relating to this in- surance or the claim, including an is the proportion that the applicable insured's books and records. In the Limit of Insurance under this Cover- age Part bears to the Limits of 1n - event of an examination. an. in- sider's answers must be signed. surance of all insurance covering on the same basis. HM 00 29 02 91 Copyright, Insurance Services Office, Inc.. 1983, 1990 Page 4 of 6 Ter i- 2000 P. 16 r.l (2) If there is other insurance covering The repair parts or replacement the same loss or damage, other "object' must be: than that described in (1) above, we will pay only the amount of covered (c) Of Gke kind, capacity, size and b. loss or damage in excess of the quality; and amount due kora that ocher incur- (d) Used for the same purpose, ance, whether you can collect on it (3) We will nota p y y°�' or not In no case will we more than the Pay {a) If the toss or damage is to prop - erty first is obsolete or useless applicable Limit of Insurance. to you; or f. Transfer of 116ghts of Recovery Against Others To tis . fb) For any extra coat if you decide to repair or replace ate darn - If any person or organization to or for aged property with property of a whom we maKe payment under this better kind or quality or of larger Cpverage Part has rights to recover capacity. damages from another. those rights are (4) H you do not repair or replace the transferred to us to the extent of our payment. That person or organization damaged property within 18 months after the date of the "accident," then must do everything necessary to secure we will pay only the smaller of the: our rights and must do nothing after a loss to impair them. (a) Cost it would have taken to re- g. Valuation pair, or (1) We will pay you the amount you (b) Actual cash value; spend to repair or replace your at the time of the "accident. property directly damaged by an Paragraph (4) does not apply to any accident" Our payment will be the time period beyond the 18 months smallest of: that we agree to in writing. (a) The Limit of Insurance; 2. General Conditions (b) The cost at the Erne of the "ac- a. Additional insured cident" to repair the damaged property with property of like If a person or organization is designated kind, capacity, size and quality; in this Coverage Part as an additional g insured, we will consider them to be an (c) The cost at the time of the "ac- insured under this Coverage Part to the cadent" to replace the damaged extent of their interest property on the same site with b. Bankruptcy other other property: Of like kind, capacity, size bankruptcy or insolvency of you or your estate will not relieve us of an obli- and quality; and q ty� gation under this Coverage Part (II) Used for the same purpose; c. Object Group (d) The amount you actually. spend that is necessary to repair or re- All 'objects" in use or connected ready place the damaged property. for use and included in an "Object" Group Definition will be considered as (2) As respects any "object" if the cost individually described in the Declara- of repairing or replacing only a part. tions. The premiums for 'objects" in - of the object is greater than: cluded in an "Object" Group Description (a) The cast of repairing the 'ob. will be adjusted as follows: jecr; or (1) We will base the initial premium for (b) The cost'of replacing the entire these 'objects" on information we 'object' on the same site; obtain. The rates charged will be we will pay only the smaller of (a) or overag effect on the first day of ga (b). SM 00 25 02 91 Copyright, Insurance Services Office, Inc., 1983. 1990 Page 5 of 6 7Ur i-21-2000 17:-_ �9;: P. _1 ^ Pirl 21 100 :riSLFR!CE '(2) We will cnarge an additional pre- mium for "objects" that are added to the policy after the effective date of this policy. The additional premium for these "objects" w0l bre computed pro rata. (3) We will allow a return premium for "objects" that are removed from the policy after the effective dtale of the policy. The returnemium wM the computed pro rata 4mm the time the "objects" are disconnected. .d.' Policy Period, Coverage Territory Under this Coverage Part (1)1,:The "accident' must occur (a) During the Policy Period shown in the Declarations; and (b) Within the coverage territory. (2) The coverage territory is: (a) The United States of America: and (b) Puerto Rico. e. Concealment, Misrepresentation or Fraud This Coverage Part is void in any case of fraud by you relating to it. It is also void if you intentionally conceal or mis- represent a material fad concerning: 1. This Coverage Part. 2. The Covered Property: or 3. Your interest in the Covered Prop- erty. f. Suspenslon Whenever an "object' is found to be in, or exposed to, a dangerous condition, any of our representatives may immedi- ately suspend the insurance against loss from an "accident° to that "object" This can be done by delivering or mail- ing a written notice of suspersion to: (1) Your last known address; or (2) The address where the 'object" is located. Once suspended in this way, your in- surance can be reinstated only by an endorsement for that "object". If we suspend your insurance, you will pet a pro rata refund of premium for that object" But the suspension will be ef- fective even if we have not yet made or offered a refuna. F.:9 F. DEFINITIONS I. "Accident" means a sudden and accidental breakdown of the "object° or a part of the "object At fire time the breakdown occurs, it most frrarlrfest itself by physical damage to the "object" that necessitates repair or re- placement Monet t V* kglowkV is an 'accident: a. Depletion, deterioration, corrosion or erosion; b. Wear and tear, c. Leakage at any valve, fitting, shaft seat, g and packing, joint or connection; d. Breakdown of any vacuum tube, gas tube or brush: e. Breakdown of .arty electronic con"r or electronic data processing equip- ments f. Breakdown of any structure or founda- tion supporting the "object or any of its parts; or g. The functioning of any safety or protec- tive roteative device. Turbine Units may have a separate defini- tion of "accident". If so, refer to the Declara- tions for the appropriate accident definition. If a strike, riot. civil commotion, act of sabo- tage or vandalism results in an "accident", this insurance applies. However the War and Military Action Exclusion and the condi- tions of this Coverage Part still apply. 2. "Object" means the equipment shown in the Declarations. Full description of specific "ob*X categories are found in the Object Defindions endorsement attached to this Coverage Form. 3. "One Accident" means: If an initial "accident" causes other "acci- dents" all will be considered "one accident". All "accidents" at any one location that manifest themselves at the same time and are the result, of the same cause will be con- sidered "one accident". 4. "Suit" means a civil proceeding and in- cludes: a. An arbitration proceeding in which dam- ages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution proceeding in which damages are claimed and to which you submit with our consent. SM 00 25 02 91 Copyright, Insurance Services Office, Inc., 1983, 1990 Page 6 of 6 1111-21-2000 17:77 99", F. 113 7i.r i 2i ',00 0.4: 39Pr1 I 61�'i /oIt For Ale ilre Coenfioe»hs yisu AgawBOILER AND MACHINERY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BOILER AND MACHINERY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART A. ADDITIONAL COVERAGE EXTENSIONS The following coverages are added to Section A.3.. Coverage Extensions. Payments under these Additional Coverage Extensions are part of, and not in addition to, the Limit of insurance that appiies to the Boiler and Machinery Cover- age Form. The Ordinance or Law exclusion in Section B.I. of the Boiler and Machinery Cover- age Form does not apply to the insurance spe- cifically provided under these Additional Cover- age Extensions. 1.. CFC Refrigerants and Halon a. If repair or replacement of damage to Covered Property caused by an 'acci- dent" to an 'object" necessitates the re- placement of (1) Any CFC (chlorofluorocarbon) re- frigerant used in refrigeration or air conditioning equipment; or (2) Halon used in a fire suppression system; the insurance provided under this Cov- erage Form is extended as described in provisions b. and c. below. b. If the CFC refrigerant or halon is re- placeable, the Valuation Loss Condition is amended as follows: 0-) You may, at your option, elect to: (a) Repair or replace the damaged refrigeration equipment, air con- ditioning equipment or fire sup- pression s stem and replace the lost CrC refrigerant or G-124508-13 (ED 07198) halon, in accordance with the Valuation Loss Condition; or f1b) Change the refrigeration equip- ment, air conditioning equip- ment or fire suppression sys- tm through modification or re- placement, to: Refrigeration or air condi- tioning equipment that uses an approved non -CFE re- fdgerart; or A fire suppression system that uses an approved non - halon agent. But this option is available only if the change to the equipment or system is made within 18 months after the date of the 'ac- cident" or within any extended time period that we agree to in writing. (2) If option (1) (b) above is elected, we will not pay more than the least of the following amounts: (a) The Limit of insurance; (b) The cost at the time of the "ac- cident" to repair the damaged refrigeration equipment, air con- ditioning equipment or fire sup- pression system, retrofit the equipment or system to accept an approved non -CFC refriger. ant Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 4 or non -halon lire suppressant, and charge the equipment or system with that refrigerant or fire suppressant; (0 The cost at the time of She 'ac- cident" to replace the damaged refrigeratton equipment, air con- difiorong equipment or Are sup- pression system with equipment or a system that is functionally • equivalent and uses an ap- proved non -CFC ,refrigerant or non -halon fire suppressarti; (d) The amount you actually spend that is necessary to change the refrigeration equipment, air con- ditioning equipment or fire sup- pression system, through modi- fication or replacertient to equipment or a system that uses an approved non -CFC re- frigerant or non -halon fire sup- pressant; or (e) 125% of the amount we other- wise would have paid for loss to the refrigeration equipment, air conditioning equipment or fire suppression system. c. If the.CFC refrigerant or halon Is not re- placeable, the Valuation Loss Condition Is amended as follows: (1) If you repair oi� replace the damaged equipment within 18 months after the date of the `accident° or within any extended time period that we agree to in writing, we will pay the least of the following amounts: (a) The Limit of Insurance; (b) The cost at the time of the 'ac- cident' to repair the damaged refrigeration equipment, air con- ditioning equipment or fire sup- pression system, retrofit the equipment or system to accept an approved non -CFC refriger- ant or non -halon fire suppres- sant and charge the equipment or system with that refrigerant or fire suppressant; G-124508-8 (ED. 07198) (c) The cast at the time of the "ac- cident" to replace the darlaged refrigeration equipment, air con- ditioning equipment or fire sup- pression system with equipment or a system that is functionally equivalent and uses an ap- proved non -CFC refrigerant or non -halon fire suppressant; or (d) The amount you achaiifj► spm that is necessary to change the refrigeration ecuipment, air con- ditioning equipment or ire sup- pression system, through modi- fication or replacement, to equipment or a system that uses an approved non -CFC re- frigerant or non -halon rite sup- pressant. (2) If you do not repair or replace the damaged equipment within 18 months after the date of the "acci- dent" or within any extended time period that we agree to in writing. we will not pay more than the lesser of: (a) The amount we would have paid if repair or replacement of the damaged equipment had been made, as determined in 'c.(1) above; or (b) The actual cash value of the damaged equipment at the time of the'accident". 2. Ordinance or law If an "accident" to an "object" at your location damages a building that is Covered Prop- erty, we wilt pay for. a. Loss to the Undamaged Portion of the Building, meaning loss to the un- damaged porton of the building caused byenforcement of any ordinance or law that (1) Requires the demolition of parts of the same building not damaged by the "accident" to an "object"; or (2) Regulates the construction or repair of buildings, of establishes zoning or laId use requirements at the loca- tion of the building. Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 4 P-01-21-2000 1-21-2000 1^ -'7 991; ;:. -Do 111 Zi '0c 04:40Pri ':ref= Ir+-i-PPICr S b. Pernolition Cost, meaning the cost to femolish and clear the site of undam- ged parts of the building, caused by riforcement of building, zoning, or ►arid rise ordinance or iew. c. Jncreased Cost of Construction: meaning the Increased cost to: (1) Repair or reconstruct damaged pori tions of the building; and {2) Reconstruct or remodel indamaged portions of the building, whether or not demolition is required. when the increased cost is a conse- Quence of enforcement of building, Wing or land use ordinance or law. But we will only pay for this increased cost if the building is repaired, reconstructed or Fl modeled. Also, if the building is re - aired. reconstructed or remodeled, it ust be intended for similar occupancy Ps the current building, unless such oc- cupancy is not permitted by zoning or land use ordinance or law. nce under this Coverage Extension f s only with respect toan ordinance or at is in force at the time of the "acci- to an 'object'. Insurance under this age Extension does not apply to: Costs associated with the enforcement Of any ordinance or law which requires ieny insured or others to test for, moni- lor, dean up, remove, contain, treat, 09toxify or neutralize, or in any way re- spond to, or assess the effects of sub- tances declared to be hazardous to ealth by a governmental agency; or ;b. loss due to any ordinance or law that: {1) You were required to comply with before the "accident to an "object", even if the building was undam- aged; and (2) You failed to comply with. Un*r this Coverage Extension, the most we ;will pay as a result of any one "accident' for. ,a. Loss to the. Undamaged Portion of the Puilding is included in the Limit of Insur nce that otherwise applies to the dam- ged building. But in no event will the mount we pay for loss to the building, Including the loss in value of P.2+_ the undamaged portion of the building due to enforcement of an ordinance or law to which this coverage applies, ex- ceed: (1) The amount you actually spend to repair, rebuild or replace the build- ing, but not more than the amount it would cost to restore the building an the same premises and to the same height, floor area. style and conVa- rabie quality of the original property insured; or (2) The actual cash value of ate 1QuW- ing at the Sme of loss if We Ilu" is not repaired or replaced. b. Demolition Cost and Increased Cost of Construction is $500,000, subject to the following: (1) With respect to the coverage pro- vided for Demolition Cost, we will not pay more than the amount you actually spend to demolish and clear the site of the undamaged parts of the building; (2) With respect to the coverage pro- vided for Increased Cost of Con- struction: (a) We will not pay for the- In- creased Cost of Construcbm ' Until the building is actually repaired or replaced at the same or another premises; and Unless the repairs or re- placement are made as soon as reasonably possi- ble after the loss or dam- age. not to exceed 18 months. We may extend this period in writing during the 18 months. (b) If the building is repaired or re- placed at the same location, or if you elect to rebuild at another location, the most we will pay for the increased cost of construc- tion is the increased cost of construction at the same loca- bon. (c) If the ordinance or law requires relocation to another location, the most we will pay for the in- creased cost of construction is Ancludes copyrighted material of Insurance Services Office, Inc., used with its permission. G-124 84i Page 3 of 4 (ED. 0198)' I JUFi—�? —2000 71Ji 21 120 04:40Pr1 Clip Irisuppr+cc P.22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. G-1245108-13 Page 4 of 4 (ED 0*98) 7UH-21-2000 17 .22 the increased cost of construc- Object Definition No. 5 - Comprehensive tion at the new location. Coverage (Excluding Production Machines); B. EX LU IONS or Se tion .4.h., Exclusions, is replaced wdh the Object Definition No. 6 - Comprehensive fall wino: Coverage (Induding Pion Machines); An ac*enr to: Hmfbillowing changes apply to Spon P. DEFf- a. ; Any. boiler, fired vessel or electrical steam a ge�rator while undergoing, hydrostatic. 1. The definition of "accident" in paragraph 1 is extended to include a sudden and ara- acci- pn uratic or gas pressure ung; or dentalof electronic computer or b. Any; electrical or electronic equipment while dre mown ment i un rgoing insulation breakdown testing. . vision 1.e.. which excludes the breaMown o C. SE�LI PRICE VALUATION ON FINISHED electronic computer or electronic data proc- essing ejuipment from the definition ST C of an Un erlettion E.1., Loss Condition g., Valua•accident ,does not apply. t14, ismended by the addition of the following: Z. The following is added to the definition of Lo toi finished stock you manufacture that is "object" in paragraph 2.: dirOctly barnaged by an 'accident" will be valued "Object" also includes electronic computer at the drice for which the property could have or electronic data processing equip - d at the time of the "accident-, less dis- ment. Under. ' Object Definition co is nd expenses you otherwise would have 0 No. 5 - Comprehensive Coverage (Ex - he cluding Production Machines); and D. C E GE TERRITORY EXTENSION Object Definition No. 6 - Comprehensive Un er ection E.Z., General Condition d., Pot- Coverage (Including Production Ma - chines); Icy Pe od, Coverage Territory, the coverage terltory defined in paragraph (2) is amended to the exclusion of electronic computer or elec- als inc de Canada. tropic data processing equipment unless used to E. C P HENSIVE COVERAGE — COM- PU ER GUIPMENT EXTENSION operate one or more insured objects. does not apply' ng�then of the following Object Definition en ors�ments apply: Includes copyrighted material of Insurance Services Office, Inc., used with its permission. G-1245108-13 Page 4 of 4 (ED 0*98) 7UH-21-2000 17 .22 TIJI 21 '010 04:41OPM :NF1 .NELPF41 - VA!A-- For A11 the Comniitmenfs bora I114"` P.2' BOILER AND MACHINERY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY DEDUCTIBLE r: This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE FORM SCHEDULE' When the 'object" (s) shown below is (are) involved in an'accident". the deductible shown below for that `object" replaces the deductible shown in the Boiler and Machinery Declarations Page. Description of Object Deductible Amount . S S S S S- S G -124588-A (ED. 02/98) iU, Jure ?i '-'1.0 04:41PM Cry Ira=UPPru._ P. POLICY NUMBER: BOILER AND MACHINERY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACTUAL CASH VALUE This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE FORM SCHEDULE* Location(s) "Objects" The Valuation Condition of the Boiler and Machinery Coverage Form is replaced by the following for any "objects" entered in the Schedule above: We will pay you the actual cash value of your Covered Property directly damaged by the "accident." If damaged property can be restored by the replacement of any part or parts we will pay only the lesser of: 1. The reasonable cost of the restoration; or 2. The actual cash value of the damaged property. The valuation of Covered Property will be as of the time of "accident". Information required to complete :his schedule, if not shown on this endorsement, will be shown in the Declara- tions. BM 99 28 09 88 Copyright, Insurance Services Office, Inc., 1984, 1988 112 1-21-2000 ?^ 3^ 99.; P. J1J 121 ' e"D 0.3 : 41 Fr•l :.Pip ii i�i�FE i iC CIVA For All the Commitments You Make' r.?6 THIS ENDORSEMENT IS ADDED TO THE POLICY. PLEASE READ IT CAREFULLY.—- EXCLUSION AREFULLY._-EXCLUSION OF COVERAGE FOR DATE -RELATED COSTS This endorsernent modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. We will not pay any costs or expenses you or others directly or indirectly incur to: 1. Assess, design. identify, ins ect, install, maintain, modify, monitor, rectify. repair, re- place, reprogram or test any equipment systems, software, or any components thereof, as described in Section B. of this endorsement a. Because of the manner which such equipment, systems, software, or any -components thereof recognize. interpret, process or differentiate dates or times, or are unable to recognize, interpret, process or differentiate dates or times: or C. b. In anticipation of the manner in which such equipment systems, software, or any components thereof may recognize, interpret, process or differentiate dates or times. or may be unable to recognize, interpret, process or differentiate dates or times; or 2. Obtain advice or consultation with respect to A.1, above. Without limiting the breadth or scope of the fore- going, one example of the type of cost or ex- pense , excluded hereunder is any cost or ex- pense to modify or test equipment, systems, software, or any components thereof, because of the manner in which they recognize, interpret, process or differentiate, dates or times as a con- sequence of the date change from 1999 to 2000. B. Equipment, systems, software, or any compo- nents thereof include, but are not limited to, the following, whether belonging to any insured or to others: 1. Computer hardware; 2. Computer software; 3. Computer firmware meaning computer pro- grams contained in a hardware device as a read-only memory; G -129948-A (Ed. 03198) 4. � operating systems and related S. Computer ; C Microprocessors or micro chips, whether or not part of any computer or computerized system,- 7. ystem;7. Any other computerized or electronic equipment, components or circuitry; or 8. Any other products, equipment, services, data or functions that directly or indirectly in- corporate, use or rely upon. in any manner, any of the items listed in paragraph B.1. through 8.7. above. With respect to any insurance provided for loss of Business Income or Extra Expense, we will not pay for any loss or expense directly or indi- rectly incurred due to the period of time required to: 1. Assess, design, identify, inspect, install, maintain, modify, monitor, rectify, repair, re- place, reprogram or test any equipment, systems, software, or any components thereof, as described in Section B. of this endorsement: a. Because of the manner which such equipment, systems, software, or any components thereof recognize, interpret, process or differentiate dates or times, or are unable to recognize, interpret, process or differentiate dates or tines; or b. In anticipation of the manner in which such equipment. systems, software, or any components :hereof may recognize, interpret, process or differentiate dates or times, or may be unable to recognize, interpret, process or differentiate dates or times; or 2. Obtain advice or consultation with respect to C.1 above JUr1-21-201010 17�" 9'g% P. t % CNA COMmERC/AL /NSUR.4NCE 4212 Rghlander Orange, rexas 77630 BxAlvdfoias R"bra r eoa w 6 hetchinery speciate! Telephone 409-792-4354 Facskrd* 409.792-0461 Pager 600-724-=4 PIN No. 93511329 lntemet NKC20swb" January 5,72000 Mr. Jay Wadsworth, Electric Utilities Division CITY OF LUBBOCK P.Q. Box 2400 Lubbock, Texas 79457 Re: CO -Gen Unit / Gas Turbine Engine / Generator Dif icutties Dear Jay: In regard to our phone conversation this morning, l bane several dwughts coming some of the problems that you recently encountered which stand in the way of bringing y0tw co-generatkm project to an acceptable conclusion. I hope the following discussion will provide some useful information to assist you. As you indicated during several recent test runs the equipment would not produce more than 4.5 to 5.0 megawatts. On another test run you indicated a natural gas fuel strainer had froze restricting fuel pressure and volume which tripped the engine to a fail-safe condition. A pressure drop caused by a flow restriction at the strainer, produced auto -refrigeration and a further flow restriction. At the original test nun attempt, it was apparent that the newly installed fuel gas system was not sufficiently cleaned and caused a film residue build-up on the internals of the gas system, nozzles, and turbine section of the engine. In another conversation, I questioned you If the power plant had boilers currently operating and if there was any fuel related problems with them. You Indicated to me, `there were indeed boilers running with no apparent problems relating to fuel suppir. Additionally, you indicated that several mechanical methods pine pigs) were used to clean the new fuel gas system including purging with compressed air at approximately 120 PSI and a high pressure purge for more than fifteen minutes of natural gas. With the situation described In the above paragraph, one would conclude that all of the previous problems have focused on the fuel gas system and its capability to provide a sufficient supply of clean, particulate free natural gas fuel. Additionally, with no fuel related problems affecting the operating equipment at the power plant, it is safe to conclude that the newly installed piping is still fouled and in need of additional cleaning. In my mind chemical cleaning of the newly installed fuel piping system is really the only way to assure a clean, particulate free situation. An industrial chemical cleaning company would sample the system interior and custom deliver a chemical and procedure, which would alleviate any further contaminate In this system. I realize that contractors involved will have their own opinions of what should be done, however, it is in our interest to know that the system is dean and will not affect the long tern reliability of this Engine/Generator in years to come. With this in mind, I am submitting the following recommendation: Recommendation: 2000/1. Contact an industrial chemical cleaning company to provide interior chemical cleaning on all supply and fuel related piping to the newly installed gas turbine cogeneration unit. It is Imperative that documentation be submitted to CNA Insurance at the completion of this cleaning process before the final eight-day performance load testing and the subsequent insurance acceptance providing coverage for this object. Clly of Lubbock Pago 1 If I may be of any further assistance and service, or if you would Oka to discus any information related to equipmatt reliability of gas turbine engines, 1 would be happily to do so via telephone, a -ma or in person. Sincerely. t Bill Nicholas cc: Mrd Leisa Hutcheson, AIC Risk Management Coordinator CITY OF LUBBOCK P.O. Box 2000 Lubbock, Texas 79457 Mr. Douglas Sanford Sanford Insurance Agency P.O. Box 64790 Lubbock, TX 79464-4790 CNA COMMERCIAL /NSURANCE 0 8 MpMa►der OMOM Tares TT030 BU/ Mkholes Regi "84"r i 8taalabtery Spedalht Tia 404-79ZO334 FacSasa 409-792-0401 Paler 800.714.3024 FWNQ. 5338323 lntarnet MCC�swee%net January 10, 2000 Mr. Jay Wadsworth, Electric Utilities Division CITY OF LUBBOCK P.O. Box 2000 Lubbock, Texas 79457 Fax 808!775-3528 Re: CO -Gen Unit / Gas Turbine Engine / Generator Difficulties Dear Jay: In answer to your question, industry standards for construction, testing and cleaning of Pressure Piping are outlined in ASME 831.1, an American National Standard. l am referencing my latest edition of this code, page 5 under section 100.1.2, which applies directly to fuel gas or fuel oil piping. Additionally, under section 122.10 page 59, under heading temporary ping systimM the responsibility for cleanup is addressed. I have Included as attachments to this tetter those pageswhich-are from the 831.1 Piping Code for your reference. Additionally, with the unsuccessful attempts of the Gas Turbine Engine to start property to date, it wig be necessary to amend the single recommendation and add the following. Recomrnendatlon.• 2000/2. Provide access to the fuel piping, combustion nozzle section, and turbine section of the Gas Turbine Engine for a complete Soroscope Inspection after load testing Is completed. OEM factory representatives should be available to assist in this Inspection. Insurance coverage forthis object Is contingent on the results of this inspection. If I may be of any further assistance and service, or if you would Ike to call to discuss any information Delated to equipment relability, construction codes, etc, please feel free to do so. Sincerely, Sill Nicholas CAY ofLLbbmk Pa" 2 . cc: Mrs. Leila Hutcheson, AIC Risk Management Coordlnatcu CITY OF LUBBOCK P.O. Box 2000 Lubbock, Texas 79457 8061775-3318 Mr. Douglas Sanford Sanford Insurance Agency P.O. Box 64790 Lubbock, TX 794644790 Fax: 8061792-9344 CNA COMMERCIAL /NSURANCE 3730 Highlander Orange, Texas 77830 Bill ilifchola5 r egsMW Bahr d Machinery speciew rdsphane 809-792-93.58 Fscsii 809-792.0861 GI Phare In oh8r wky Maui M 826 8380 UteMet NKC00"007k net April 18, 2000 Mr. Jay Wadsworth, Electric Utilities Division CITY OF LUBBOCK P.O. Box 2000 Lubbock, Texas 79457 Re: Policy No. SM1081574441 Sanford Insurance Agency Dear Jay: This Is to confirm my visit to the Lubbock Utilities facility on April 10. 2000. The purpose of this visit was to provide a jurisdictional inspection on the following bolter and to update the Utility Plant surveys. • TX 101279 Foster Wheeler water tube power boUer Inspected lnlemany The tubes, shell, fittings, appurtenances, safety appliances, and all accessible parts were examined for corrosion, erosion, bulging, leaking, distortion and overheating. The safety valves were scheduled to be dean, repaired and pressure verified in place before returning the bolter to service. Waterside: Internal surface conditions indicated a marginal passivation protection film, with no active corrosion noted. Fireside: No bulges, cracks or tears indicated on tubes or drums. No adverse conditions observed. As far as could be determined the object examined was in satisfactory condition and complies with the Texas Boiler Law. Plant Survey On this visit, I met with you and Mr. Nick Nicholas, CNA Attorney working on the New Installed Gas Turbine blade claim. Additionally. I facilitated additional structure to the Plant Equipment Reliability system which is going very well at this time, working with David and Dale. Additionally, the future requirements for the completed PER System will far surpass the current computer ging used and should -be updated with reasonable current technology. As a suggestion, because of future data file sizes that will be generated. it would be prudent to back-up data locally with an in-house CD ROM system. If i may be of further service, please feel free to call. Sincerely, ..... -- — Bill Nicholas Lubbock UtllX" / The CNY of Lubbock Page 2. _Cc: Sanford Insurance Agency P.O. Box 64780 Lubbock. TOM 78464