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HomeMy WebLinkAboutPW Repair Storm Water Pumps 2014Agenda Item No: 3.1 Meeting Date: October 6, 2014 Department: Public Works Prepared by: �-- Manager Approval Director of Public Works File No.:08.03.11 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO WAIVE COMPETITIVE BIDDING AND ENTER INTO A MAINTENANCE CONTRACT WITH PUMP REPAIR SERVICE COMPANY TO REPAIR FIVE STORM WATER PUMPS. RECOMMENDATION: Authorize the Director of Public Works to waive competitive bidding and enter into a maintenance contract with Pump Repair Service Company of San Francisco for the repair of five storm water pumps and to order parts for the Peacock Gap Pump Station. BACKGROUND: Storm water pump stations are a vital part of San Rafael's city-wide drainage system. Public Works operates 12 pump stations with a combined ability to evacuate 2,000,000 gallons of water per minute during -rain events. Except for the Lindaro and North Francisco pump stations (rebuilt in 1997 and 2001), this system was constructed in the 50's and 60's and continues to rely on original equipment. Garbage, rocks and other forms of debris find their way to pump stations during heavy rains. This material can damage the pumps themselves, especially at the velocities at which they operate. Consequently, our storm water pumps need periodic maintenance, which includes removing the pumps from the pump stations, inspecting the equipment and in many cases replacing the bowl, shaft and housing assemblies that are particularly vulnerable to debris. Identifying the true damage caused by this debris can be difficult to determine. Significant damage is often discovered when the pumps are disassembled, leading to additional repair costs. The Department of Public Works' Street Maintenance division has identified the following needs: Storm Water Pump Station # Pumps to be Re aired 400 Canal Pump Station I3 Kerner Pump Station 1 Peacock Gap Pump Station 1 Peacock Gap Pump Station 1 (parts only) FOR CITY CLERK ONLY File No.: /-4— / Council Meeting: I L2 ew Disposition: i_ 7® rj SAN RAFAEL CITY COUNCIL AGENDA REPORT / Nee: 2 Reconstruction of some of this equipment requires forging new cast iron bell housings, a process which requires time for the manufacturer to develop molds and castings. Our inspection of the Peacock Gap Pump Station revealed that one of the pumps is in poor shape but can function for at least another year. As shown in the table above, we recommend ordering the bowl and housing now in anticipation of replacing them next year. ANALYSIS: The City has attempted to competitively bid these repairs several times over the years but poor workmanship or exorbitant prices led us to work exclusively with Pump Repair Service Company of San Francisco. Few repair companies have the expertise required to service pumps of this era, most of which were manufactured by Cascade & Peerless. Pump Repair Service Company of San Francisco is an exception. They are quite familiar with this type of pump and have repaired our storm water pumps in the past. Staff therefore recommends the waiver of competitive bidding in this instance, for the reasons described in section 2.55.070D of the San Rafael Municipal Code: "If limitations on the source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or other valid reasons for waiving competition appears, then purchases may be made without recourse to the competitive bidding provisions of this chapter." FISCAL IMPACT: Making the necessary repairs to our pumps this year and pre -ordering the new bowl section for next year's repair of the second pump at Peacock will cost $401,139.54. Fund Source Amount Available Storm Water Fund (205) Expenses Stone Water Puna] ,Station Estimated Repair Cost 400 Canal Pump Station $244,313.44 Ker.ner Pump Station --.--$')6,96-).66 Peacock Gap_Pump Station $73,351.44 Peacock Gal) Pump Bowl $46,511.39 Estimated Total Ex enW 5401,139.93 Public Works has analyzed all FY 14-15 Storm Water Fund expenditures, as defined by the City's adopted Capital Improvement Program. To assure the availability of funds for the City's highest priority storm drain needs, we recommend shifting the following drainage projects from. FY 14-15 to FY 15-16: * Rossi Pump Station Repairs, #11191: $1,2100,000 * 7 Beechwood Culvert Repair, ##] 1251: $ 200,000 ��- �$- 111W 1. Adopt the resolution authorizing the Director of Public Works to waive competitive bidding and enter into a maintenance contract with Pump Repair Service Company of San Francisco for the repair of five storm water pumps and ordering pump material for a pump located at the Peacock Gap Pump Station next summer. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 The Council may choose not to authorize the Public Works Director to authorize the maintenance contract in which case the pump stations will not be operational for the next rain event. Enclosures: - Resolution - Agreement City of San Rafael ♦ California Form of Contract Agreement for Pump Station Maintenance This Agreement is made and entered into this 6'h day of October, 2014 by and between the City of San Rafael (hereinafter called City) and Pump Repair Service Company (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work necessary to repair the storm water pumps as specified below, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary with respect to any insurance or coverage maintained by the City and shall not call on the City's insurance or coverage for any contribution. II - Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within T-14IR A—WEEKS and with such extensions of time as are provided for in the General Provisions.��r` III - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL, PRICE 1. 400 Canal Pump Station - Pump #] 1 LS @ $30,467.01 = S30 467.01 2. 400 Canal Pump Station -Pump #2 1 LS (cL $45,709.43 = $45,709.43 3. 400 Canal Pump Station - Pump #3 (Option 3 —New Pump Option) 1 LS ,c $168,137.0 0 = ,7.00 $I68,1�.. 4. Kerner Pump Station — Pump #1 1 LS $36,963.66 _.....__. = $36,963.66 5. Peacock Pump Station — Pump #1 1 LS $73,351.44 = $73,351.44 6. Peacock Pump Station — Bowl Assembly 1 LS (a� $46,511.39 = $46,511.39 GRAND TOTAL S 401,139.93 IV - Payments The Contractor shall invoice the City as material is received and as work is performed. V — Indemnification Contractor will indemnify, release, defend and hold harmless City, its officers, and employees, against any claim, demand, suit, judgement, loss, liability or expense of any kind, inlcuding attorney's fees, arisign out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of Controactor or Contractor's officers, agendts and emploees in the performance of their dutitions and obligations under this contract. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: 08.03.11 CITY OF SAN RAFAEL: Nader Mansourian Public Works Director Pump Repair Services Company: Printed me: A :�Tiit`llee:` / f ; I•_s, %dam Bond No. CSB0015232 Premium: $8,023.00 r KNOW ALL MEN BY THESE PRESENTS, That Pump Repair Service Company, Inc. 405 Allan Street San Francisco, CA 94134 , Principal, and Contractors Bonding and Insurance Company Surety, are held and Firmly bound unto City of San Rafael 111 Morphew Street San Rafael, CA 94915-1560 , Obligee, In the sum of Four Hundred One Thousand One Hundred Thirty Nine Dollars and 93/100 Dollars ($401,139.93 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severa(ly, firmly by these presents. WHEREAS, Principal has entered Into a contract with Obligee, dated October 6, 2014 for Pump Station Maintenance - Repair Five Storm Water Pumps copy of which contract Is by reference made a part hereof. NOW, THEREFORE, If Principal shall, in accordance with applicable Statutes, promptly made payment to all persons supplying labor and material In the prosecution of the work provided for In said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED December 2, 2014 Pump Repair Service Company, Inc. (Seal) (Principal) By: Contractors Bonding and Insurance Company (sew) rety) E v'k Je! eu Attomey4n-F9tct State of California County of Santa Clara �) On December- 2, 2014 before me, Erin Bautista, Notary Public (insert name and title of the officer) personally appeared Jean Neu who proved to me on the basis of satisfactory evidence to be the person(s) whose name(z) is/amx subscribed to the within instrument and acknowledged to me that kedshe/RW4 executed the same in his/her/MW authorized capacity(, and that by kWher/fejt signature(%s) on the instrument the person(, or the entity upon behalf of which the persons) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. M ERIN BAUTiSTAp Commission # 2062702 4 `-� Notary Public - California z z:,, Z Santa Clara County My Comm. Expires Apr 25, 201. 8 Signature (Seal) Contractors Bonding and Insurance Company 3101 Western Ave., Suite 300 Seattle, WA 98121 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: Bradley N. Wright, Erin Bautista, Jean Neu, Bryan Martin, Frances M. Murphy,jointlyor severally. in the City of San Francisco , State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 24th day of May , 2013 o,DNGANp.NSG 0 •,• �Ogy' GOaP®R'4 co, 2 -0, • 1979 ' '' State of Washington •° SS County of King I On this 24th day of May 2013 before me, a Notary Public, personally appeared Roy C. Die who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Joseph B. uller Notary Public Notary Public State or Washington JOSEPH B. MULLER MY COMMISSION EXPIRES March 29, 2018 Contractors Bonding and Insurance Company Roy C. Die / ._._ Vice President CERTIFICATE I, the undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the Contractors Bonding and Insurance Company this 2nd day of December, 2014 . Contractors Bonding and Insurance Company Roy C. Die Vice President 0467553032912 A0059511 Premium: Included MAINTENANCE BOND BOND NUMBER .GS.R.Q.0..15232...... -- KNOW ALL MEN aY THESE PRESENTS, That we, - Pump.Repair Service Company, Inc. ........... ..1.11.....1, .405,Apart.Street.San- FmRQj,5.Qo...C.A.. Q.41.3.4...................................................................................................................................................... 'hereinafter called the Principal), and Contractors Bonding and Insurance Company corporation =hereinafter called the Surety), are heid and firmly bound unto ..City of San Rafael ................................................................... 111 Morphew Street, San Rafael, CA 94915-1560 :.......................................................... ......... ....... ....... _......,.......... .....,........... _.......,..... _..................._........................,.,..............................................,-........................ .,......... ........ .... ...... ..... .-,-....... ....,..-,-........ ..,,..,..-...,......... .-,,..-...- '.hereinafter called the Obligee!, in the lull and just sum of .Four Hundred One Thousand One Hundred Thirty Nine Dollars and9311,00................................_.......................................,_.,.............................................................0401,139..93...............,.......,.,....),..Dollars. lawful money of the united States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Obligee entered into a certain contract with the Oblidated October 6, 2014 WHEREAS, said Principal Has s ....,.._...-...., For Pump Station Maintenance - Repair Five Storm Water Pumps which contract has been or is about to be completed and accepted. AND WHEREAS, specifications and contract provided that .-Pump Repair Service Company, Inc: should guarantee the project tree from defects caused by fauity 'workmanship and materials for a period of 1 years, general wear and tear excepted, NOW, THEREFORE, if the said project shad be free from defects of workmanship and materials, general year and 'ear excepted, for a period of 1 years, then this obligation shall be null and void: otherwise to remain in full force and errect. December 2, 2014 Signed, sealed and delivered..........1.....................1--1111---,.--,.--.,.-..,..- Repair Service , . 'Witness as to Pump ...................................................Company.......................Inc. ....{Seal} Principal ................... . . .. {Seal) ..........................................1.1...1.....1.........,.., ..........................................::�;.,................1.1.......1.1.........., ,., .., .. .. ........1..111..., ea 7 Co tra ors Bond`/and Insurance Company �.�.-.-':�..._�.f�_........Y........�...............................................1....1.1............1..._,,.... Jean i eu Attorney-in-fact ;1} State of California County of Santa Clara } On December 2, 2014 before me, Erin Bautista, Notary Public (insert name and title of the officer) personally appeared Jean Neu who proved to me on the basis of satisfactory evidence to be the person(s) whose name(z) is/amx subscribed to the within instrument and acknowledged to me that kedsheAtTqy executed the same in his/her/ iY authorized capaclty( and that by Wher/ signature(e) on the instrument the person(, or the entity upon behalf of which the person(,a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.AERIN BAUTISTA Commission # 2062702 z Notary Public - California z „pc b Santa Clara County My Comm. Expires Apr 25, 2015 Signature (Seal) Contractors Bonding and Insurance Company 3 101 Western Ave., Suite 300 Ckic Seattle, WA 98121 .n flu c.."ny Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: Bradlev N. Wriaht. Erin Bautista, Jean Neu, Bryan Martin, Frances M. MuMhy, jointly or severally. in the City of San Francisco , State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars $10.000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Yj_Qg President with its corporate seal affixed this 24th day of May 2013 I It I I I It tftfll GAN ANN Pet q C) < 0 0 b 1979 State of Washington SS 4SHING10 I" County of King "Nit I I ItI10,01% On this —24th day of May 1 2013 before me, a Notary Public, personally appeared Roy C. Die who being by me duly swom, acknowledged that he signed the above Power of Attomey as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Joseph B. )idler Notary Public Notary Public State of Washington JOSEPH S. MULLER MY COMMISSION EXPIRES I March 29, 2016 1 Contractors Bonding and Insurance Company Roy C. Die 7 Vice President CERTIFICATE 1, the undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the eal of the Contractors Bondin d Insurance Company this 2na r, day of Decembey, Contractors Bonding and Insurance Company Roy C. Die Vice President 0467553032912 A0059511 State of California S.S. County of On��®/� before me, ARSENIO V. ARCILLA, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the persont4whose namejs) is/are- subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/befjthei'r authorized capacity(i.es), and that by his/oet7jherr signatureKon the instrument the person(; or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature jar �. .*r`�y+�p ARSENIO Y.064328 ARCILLA Comm # 2 $ AbTAll1 RiVC-CAUFORMA Vt SANwea Covin �.O rT COir eu. Ari oa, aotad (This area for notary seal) sCERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 10/28/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Insurance Services of California, Inc. NAME c/o 26 Century M _(A C Blvd PHONE P.O. Box 305191 E-MAIL Nashville, TN 372305191 USA AD.RE INSURED Pump Repair Service Co. P.O. Box 34327 San Francisco, CA 94134 COVERAGES CERTIFICATE NUMBER W613057 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. City of San Rafael INSR ADDL.SUBR'i I POLICY EFF POLICY EXP 111 Morphew Street LTR TYPE OF INSURANCE IN POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS 1 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE I S 1,000,000 _ CLAIMS MADE X OCCUR DAMAGE TOR ENT E D PREMISES (Ea occurrences _S 100,000 A cl 000 Prop, Damage f a p 4 � I i I MED EXP (Any one person) S 5,000 Y 'Ded Per Occ 2053779521 108/21/2019.08/21/2015(pERSONAL&ADV INJURY 5 1,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: _ GENERAL AGGREGATE 5 .._.__._.. _._ 2,000, 000 I...__ r PRO - POLICY JECT 1 LOC ` �-._. _...-.------------------ PRODUCTS- COMP/OP AGG S_2, 000, 000 OTHER: S AUTOMOBILE LIABILITY % COMBINED SINGLE LIMIT 5 �aarcdenl._ -- �— 1, 000, 000 ---- --- X ANY AUTO i BODILY INJURY (Per person] 5 Br _ ALL OWNED SCHEDULED �' 2053779535 _ _— --- 08/21/2015 BODILY INJURY (Per accldent)I 5 --- - ---- AUTOS AUTOS I NON -OWNED X X 108/21/2014 PROPERTY DAMAGE I w HIRED AUTOS i AUTOS i r UMBRELLA LIAR OCCUR EACH OCCURRENCE ' S EXCESS LIAB CLAIMS -MADE 1 AGGREGATE S , DED RETENTION S iS I WORKERS COMPENSATION I X PER OTH X STATUTE j ER AND EMPLOYERS' LIABILITY Y/ N' C ZANY PROPRIETOR/PARTNER/EXECUTIVE j� OFF[ C ERIMEMBER EXCLUDED? N/A 3300055086141 -- SEL EACH ACCIDENT S 04/01/2014 04/01/2015 -"-"-"---""- """--"-- `" _-- __-"- — 1,000,000 ----"----"--- L (Mandatary in NH) j1 E.L.DISEASE - EA EMPLOYEE S 1, 000,000 If yes, describe under l DESCRIPTION OF OPERATIONS below I E.L.DISEASE - POLICY LIMIT S 1,000, 000 I I i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Maintenance contract with Pump Repair Service Company to repair five stoma water pumps. City of San Rafael, its officers, employees, agents and volunteers are included as Additional Insureds as respects to General Liability. General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014/01) O 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID:7679827 BATCH:Batch $: 89786 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of San Rafael AUTHORIZED REPRESENTATIVE 111 Morphew Street SaBox , C San Rafael, CA 99915-1560 ACORD 25 (2014/01) O 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID:7679827 BATCH:Batch $: 89786 Pump Repair Service Co., Inc. CNAEf[O8/21/2O14hoO8C21/2O15 G -140331-C (Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I7 -CAREFULLY' MEW This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name ofAdditional Insured Persons OrOrganizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage ParL) A. Section U - Who Is An Insured is amended to 2. We will not provide the additional insured any include osonadditional insured: broader coverage or any higher limit of 1. Any person or the �as|that ie� on or organization whom you are is: required by "written contract" to add as on a Required bythe "written controct"; additional insured onthis Coverage Part; and Ill Described in131.above; or 2. The particular person or organization, if any, scheduled above, B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily i "property damage." or "personal and advertising injury" caused inwhole orinpart by: a. Your acts or omissions; or b. The ods or omissions of those acting on your behalf in the performance of your ongoing operations specified inthe "written oontraoy';or c. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "prod uds-comp|ebad operations hozond." and only if: (1) The "written contnsot" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. c. Afforded toyou under this policy. 3. This insurance isexcess ofall other insurance available 0othe additional insured whether on o phmary, excess, contingent orany other basis. But if required by the "written contract," this insurance will be primary and non-contributory relative to insurance on which the additional insured imaNamed Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury," ^propertydamoge."or"personal and advertising injury arising out of: a The rendering of, orthe failure to render, any professional orchibeduro|, engineering, ursurveying services, including: (1) The prepering, approvng, or failing to prepare or approve mopo, shop drmwings, opinione, ropodo, ourveyo, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, orchitecturo| or engineering activities; or G -140331-C Includes copyrighted material mInsurance Services Office, |nc.with its permission Page 1of2 Pump Repair Service Co., Inc. #2053779521 CNA Eff. 08/21/2014 to 08/21/2015 G -140331-C (Ed. 10/10) b. Any premises or work for which the We have no duty to defend or indemnify an additional insured is specifically listed as an additional insured under this endorsement until additional insured on another endorsement we receive from the additional insured written attached to this Coverage Part. notice of a claim or "suit." C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non- contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by endorsement G -140331-C, or when Paragraph b. below applies. D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage"; or b The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. G -140331-C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2 (Ed. 10/10) s n 0 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, and any other person or organization qualifying as a Named Insured under this policy. The words 'we,' 'us' and 'our' refer to the company providing this insurance. The word 'insured' means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V —Definitions. SECTION t— COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of 'bodily injury' or 'property damage' 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' or 'property damage' to which this insurance does not apply. We may. at our discretion, investigate any 'occurrence' and settle any claim or 'suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III — 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 or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to 'bodily injury' and 'property damage' only if: (1) The 'bodily injury' or 'property damage' is caused by an 'occurrence' that takes place in the 'coverage territory'; COMMERCIAL GENERAL LIABILITY CG 00 01 0413 (2) The 'bodily injury' or 'property damage' occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section 11— 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. It 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. e. 'Bodily injury' or 'property damage' which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section 11 — Who Is An Insured or any 'employee' authorized by you to give or receive notice of an 'occurrence' or claim, includes any continuation, change or resumption of that 'bodily injury' or 'property damage' atter the end of the policy period. d. '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 I1— 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; (2) Receives a written or verbal demand or claim for damages because of the 'bodily injury' or 'property damage'; or (3) Becomes aware by any other means that 'bodily injury' or 'property damage' has occurred or has begun to occur. e. 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.' CG 00 01 0413 Copyright, Insurance Services Office, Inc., 2012 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury 'Bodily injury' or 'property damage' expected or intended from the standpoint of the insured, This exclusion does not apply to 'bodily injury' resulting from the use of reasonable force to protect persons or property. b. Contractual Liability 'Bodily injury' or 'property damage' 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: (1) That the insured would have in the absence of the contract or agreement; or (2) 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 purposes 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: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in the same 'insured contract'; and (b) 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 (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the 'occurrence' which caused the 'bodily injury' or 'property damage,' involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of 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 (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 Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone also who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an 'insured contract.' Page 2 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 01 0413 0 n f. Pollution (1) 'Bodily injury' or 'property damage' 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; (it) '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 (fit) '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; (G) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for; (f) Any insured; or (fl) Any person or organization for whom you may be legally responsible; or (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: (f) '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; (if) '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 (Ili) 'Bodily Injury' or 'property damage' arising out of heat, smoke or fumes from a'hostile fire.' (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.' CG Ota 01 0413 Copyright, Insurance Services Office, Inc., 2012 Page 3 of 16 (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.' h 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. 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 26 feet long; and (b) Not being used to carry persons or property for a charge; (5) 'Bodily injury' or 'property damage' arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of 'mobile equipment' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment.' 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 (2) The use of 'mobile equipment' in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. I. War 'Bodily injury' or 'property damage,' 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 (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. 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; (3) Parking an 'auto' on, or on the ways next to, (2) Premises you sell, give away or abandon, If premises you own or rent, provided the 'auto' the 'property damage' arises out of any part is not owned by or rented or loaned to you or of those premises; the insured; (3) Property loaned to you; (4) Liability assumed under any 'insured contract' for the ownership, maintenance or use of aircraft or watercraft; or Page 4 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 01 0413 (4) Personal property in the care, custody or control of the insured; (5) 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. 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 seven or fewer consecutive days, A separate limit of insurance applies to Damage To Premises Rented To You as described In Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply it the premises are 'your work' and were never occupied, rented or held for rental by you, Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement, Paragraph (6) of this exclusion does not apply to 'property damage' included in the 'products - completed operations hazard.' k. Damage To Your Product 'Property damage' to 'your product' arising out of It or any part of it. 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. m. 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. n. 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. o. Personal And Advertising Injury 'Bodily injury' arising out of 'personal and advertising injury.' p. 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. However, this exclusion does not apply to liability for damages because of 'bodily injury.' As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or 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. q. Recording And Distribution Of Material Or Information In Violation Of Law 'Bodily injury' or 'property damage' 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; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or CG 00 01 0413 Copyright, Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Any federal, state or local statute, ordinance or regukatkm, other than the TOPA CAN - SPAM Act of 2008 or FCRA and their amendments and add|Uuns, that oddrnnnas, prohibits, orlimits the printing, dinnominm8un, cUoponnU, wd|aoUng, recording, sending, trenomitting, communicating ordistribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while 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 III — Limits Of Insurance. COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a.Vewill pay those sums that the insured becomes legally obligated to pay as damages because of 'personal and advertising injury" to which this insurance applies, We will have the (ight 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 'personal and advertising injury' to which this insurance does not apply. We may, at our discretion, investigate any offonse and settle any claim or 'suit' that may result. But. (1) The amount mewill pay for damages islimited as donodbod in Section U| — Limits Of Insurance; and (2) Our right d duty to defend and when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay ouom or perform acts or services is covered un|000 explicitly provided for under Supplementary Pmymonts—CnvaraQanAendB. b. This insurance applies to "personal and advertising injury~ caused by an offense arising out ofyour business but only i{the offense was committed in the 'coverage territory' during the policy period. 2. Exclusions This insurance does not apply to: a.Knowing Violation OfRights OYAnother "Personal and advertising injury" caused byor at the direction of the insured with the knowledge that the act would violate the dQhb of another and would Inflict 'personal and advertising injury.~ 6- Material Published With Knowledge OYFalsity 'Personal and advertising injury' arising out of oral or written pub|inadon, in any mannar, of maoahoL U done by or at the direction of the Insured with knowledge ofits falsity. c' Material Published Prior ToPolicy Period =Pamono| and advertising injury' arising out of ora) o/ written publication, In any monner, of material whose first publication took place habm the beginning o(the policy period, d' Criminal Acts 'Personal and advertising injury* arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability 'Personal and advertising i for which insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement, f. Breach 0MContract 'Personal and advertising injury' arising o beach of contract, except animplied contract to use another's advertising Idea In your .advertisement.' g. Quality O,Performance Of Gomdw—FaiUummTm Conform To Statements "Personal and advertising injury' arising out o(the failure of goods, products or services to conform with any n1ohomant of qum||w or performance made inyour ^odvedinamont" h. Wrong Description Of Prices 'Personal and advertising injury' arising out of the wrong description of the price of goods, products or services stated in your 'advertisement.' Page of 16 Copyright, Insurance Services Office, |nc..2O12 CG 00 0104 13 L Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury' arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your 'advertisement.' However, this exclusion does not apply to infringement, in your 'advertisement,* of copyright, trade dress or slogan, J. Insureds In Media And Internet Type Businesses 'Personal and advertising injury' committed byan insured whose business is: (1) Advertising, bmadousbnQ, publishing or telecasting; (2) Designing mdetermining content of web sites for others; or (3) An Internet search, aooaou, content or service pmv/oar. However, this exclusion does not apply to Pa , b. and c. of and advertising injury" under the Definitions section. For the purposes of this exclusion, the placingnf kumus, borders orlinks, oradvertising, for others anywhere unthe Internet, Isnot byitself, considered the business of advertising, bmudnaoUng, publishing urtelecasting. h. Electronic ChsmroomoOrBulletin Boards "Personal and advertising Injury~ arising out o(an electronic chotmomur bulletin board the insured husty, mwna, or over which the insured exercises ounboi |. Unauthorized Use Of Another's Name Or Product "Personal and advanUa|ngInjury' arising out olthe unauthorized use of another's name or product in your e-mail address, domain name ormatatagur any other similar todioa to m|domd another's potential customers, m. Pollution 'Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants' at any time. n. Any loss, cost mexpense arising out ofany: (1) Request, demund, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, ountain, koat, dehmUyorneutralize, or in any way respond to, or aoaeao the effects of, "po||utants"|nr (2) Claim or suit by or on behalf of m governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying mr neutralizing, or In anyway responding to, or assessing the effects of, °poUukun1m.~ o. War 'Personal and advertising i however uauaed, mhsing, directly orindirectly, out of: (1)War, including undeclared orcivil war; (2)Warlike action byumilitary force, including action In hindering or defending against an actual orexpected attack, byany government, sovereign or other authority using military personnel orother agents; or (3) /nourrenhon, rebellion, revolution, usurped puwmr, or action taken by governmental authority in hindering or defending against any ofthese. p. Recording And Distribution D0Material Dr Information |nViolation Of Law 'Personal and advertising Injury' arising directly or indirectly out of any action or omission that violates oris alleged hovio|atw (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition \osuch law; (2) The CAN -SPAM Act of 2003, including any amendment n{oraddition Vusuch law; (3) The Fair Credit H (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA);or N0 Any federm|, state or local oia\u(e, ordinance or regulation, other than the TCPA. CAN - SPAM Act of 2003 or FCRA and their amendments and uddi8ons, that addmopem, prohibits, orlimits the printing, dissemination, dispooa|, coNecUng, recording, oending, hanom|thng, communicating or distribution of material or information. CG 00 01 0418 Copyright, Insurance Services Office, Inc., 2012 Page 7 of 16 tInsuring Agreement a. We will pay medical expenses as described below for *bodily injury' caused byanaccident: (1) Onpromises you own orrent; (2) Omways next {opremises you own orrent; or (3) Because ofyour operations; provided that: (a) The accident takes place in the 'coverage territory' and during the policy period; (b) The expenses areincurred and reported {o om within one year of the date of the accident; and (c) The injured person nohmho to mxaminmUun, at our axponoe, by physicians of our nhu|oa as often as we reasonably require, b. VVewill make these payments regardless offault. These payments will not mncmmd the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time o/ an mooNen(; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions Wewill not pay expenses for 'bodily Injury': a. Any Insured Tuany insured, except *volunteer workem.° b. Hired Person Touperson hired todowork for or on behalf of any Insured orotenant o/any insured, c.Injury OnNormally Occupied Premises Tom person injured on that part of premises you own orrent that the person normally occupies. To a person,whether mnot un *employee* of any insured, it benefits for the 'bodily injury' are payable or must be provided under a workers' compensation or disability benefits /m* 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. 1. Operations Hazard Included within the operations hazard.' g' Coverage 8Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS —COVERAGES A AND B 1. Wewill pay, with respect tany claim wa investigate or settle, or any 'suit' against an insured we defend: a. All expenses waIncur, lb. Up to $250 for cost of bail bonds required because of accidents or traffic law violations orlsingout uf the use of any vehicle to which the Bodily Injury Liability Coverage applies, VUedo not have 1ufurnish these bonds. c. The cost of bonds to /a|aome attoohmomts, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bunds. d. All reasonable expenses incurred bythe insured at our request 0massist oniw the investigation or defense ufthe claim u,"ooit.°including actual loss ofearnings upb/*@5Oaday because oftime off from work. a. All court costs taxed against the insured inthe 'au|L" However, theme payments dm not include attorneys' hsen or attorneys' expenses taxed against the insured. 11. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make anoffer to pay the applicable limit of }nouronne, we will not pay any prejudgment interest based on that period of time after the offer, Page As416 Copyright, Insurance Services Office, |no,2012 CG 00 0110413 g. 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. These payments will not reduce the limits of insurance. 2. 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: a. 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'; b. This insurance applies to such liability assumed by the insured; c. 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'; d. 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 interests of the indemnitee; e. 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 f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us In the investigation, settlement or defense of the "suit'; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the 'suit'; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable Insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the 'suit'; and (b) Conduct and control the defense of the indemnitee in such 'suit.' CG 00 0104 13 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 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, 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 we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II —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. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. Copyright, Insurance Services Office, Inc., 2012 Page 9 of 16 2. Each of the following is also an insured: a. 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), 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 olher '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 '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 Paragraph (1)(a) or (b) above -,or (d) Arising out of his or her providing or failing to provide professional health care services. (2) 'Property damage' to property: (a) Owned, occupied or used by; (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. Any person (other than your 'employee' or 'volunteer worker'), or any organization while acting as your real estate manager. c. 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. 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 Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, 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 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to 'bodily injury' or 'property damage' that occurred before you acquired or formed the organization; and c. Coverage B does not apply to 'personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. 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. SECTION 111— LIMITS OF INSURANCE 1. 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. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of 'bodily injury' or 'property damage' included In the 'products -completed operations hazard'; and c. Damages under Coverage B. Page 10 of 16 Copyright, Insurance Services Office, inc., 2012 CG 00 0104 13 3. TheProducts-Completed Limit is the most we will pay under Coverage A for damages because of 'bodily injury' and "property damage' included in the 'products -completed operations hazard.' 4. Subject to Paragraph 3. above, the Personal And Advertising Injury Limit iothe most wewill pay under Coverage Bfor the sum nfall damages because of all 'personal and advertising injury' sustained by any one person ororganization, 5. Subject to Paragraph 2. or 3, ebovo, whichever applies, the Each Occurrence Limit |sthe most we will pay for the sum of: e. Damages under Coverage A;and b, Medical expenses under Coverage C bmnuuno of all 'bodily injury' and 'property damage' arising out ofany one ^000unenun.~ 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will underpay Coverage A for damages because of .property damage' |oany one promises, while rented (oyou, orinthe case u|damage hyfire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5.above, the Medical Expense Limit iothe most wewill pay under Coverage C for all _ medical expenses because of 'bodily injury' � sustained byany one person. � The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining adnd of |000 than 12 montho, starting with the beginning of the policy period shown in the Declarations, unless thUoy period is extended after issuance for an additional period of less than 12 months. In that ouoo, the oddk|onu| period will be deemed part of the last preceding period for purposes ofdetermining the Limits ofInsurance. SECTION IV—COMMEHC|ALGENERAL LIABILITY � CONDITIONS � 1. Bankruptcy Bankruptcy or insolvency of the insured or of the |noumd'e estate will not relieve us of our ub||QoUono under this Coverage Part. 2' Duties hnThe Event Of Occurrence, Offense, Claim Or Sub m. You must see toitthat weare notified assoon as pruc800b|a of an ^onounmnoe" or an u#anoo which may result in a claim.To the extent --- poseib|o.no�000hou|d|no|udo: === (1) Huw, when and where the *occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence' or offense. lb. |taclaim |omade ur^ouii~iabrought against any insured, you must: (1) Immediately record the specifics ofthe claim or 'suit' and the date received; and (2)Notify usaosoon aopracticable. You must maa to It that we receive written notice ufthe claim or 'suit' as soon aopracticable. c. You and any other involved insured must: (1) Immediately sendum copies of any dommndy, no1iuos, summonses mlegal papers received inconnection with the claim or"ouN~' (2) Authorize us to obtain naoondo and other information; (3) Cooperate with us in the investigation or settlement ofthe claim ordefense against the ~oud`; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Noinsured will, except aithat innumd'aown cost, voluntarily make o payment, umoumo any obligation, or Incur any oxpmnae, other than for first aid, without our consent, 3. Legal Action Against Wm No person or organization has u right under this Coverage Part: a. To join um as a party or otherwise bring us into a .suit'asking for damages from uninsured; or Az To sue us on this Coverage Part unless all of its terms have been fully compiled with. Apomun or organization may sue us to recover on an agreed settlement oron afinal judgment against on inourad| but wewill not be liable for damages that are not payable under the terms of this Coverage Pad or that are in excess of the applicable limit of insurance. Anagreed settlement means a settlement and release oKliability signed by uo. the insured and the claimant orthe claimant's legal representative. CGOOO1841@ Copyright, Insurance Services Office, |nu.2O12 Page 11of16 4. Other Insurance If other valid and md|mctib|o insurance is available to the insured for a loss we onms under Coverages A orBo(this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance Isprimary except when Paragraph b.below applies. If this Insurance Is primary, our obligations are not affected unless any of the other insurance is also primary. Than, we will share with all that other insurance by the method described inParagraph u.below, h. Excess Insurance (1) This insurance isexcess over: (a) Any of the other |nuumnoa, whether primary, axoeau, contingent or on any other basis: (I) That is Fins, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for 'your work"; (ii) That is Fie insurance for premises rented to you or temporarily occupied byyou with permission dthe owner; (Ni) That is insurance purchased byyou to cover your liability tenant for *property damage" to promises rented to you or temporarily occupied by you with permission of the owner; or (1x) It the |mao arises out of the maintenance or use ofaircraft, "autos' or watercraft to the extent not subject hoExclusion g.o/Section I—Coverage A — Bodily Injury And Property Damage Liability. (b) Any nNar primary insurance mvaUobha to you covering liability for damages arising out of the promises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is oxcena, we will have no duty under Coverages &or B to defend the insured against any ~ouU~ if any other insurer has m duty to defend the insured against that "muk!Unoother insurer defends, we will undertake to do so, but we will be entitled to the inaurad's rights against all those other insurers, (3) When this insurance is excess over other insurance, *mwill pay only our share o|the amount m(the |oms. if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence ofthis insurance; and (b)The total ofall deductible and self-insured amounts under all that other Insurance. (4) VVewill share the remaining |nes. if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically 10 apply in excess of the Limits cdInsurance shown in the OmdaraVmno of this Coverage Part. u. 0YmYhmd Of Sharing If all of the other insurance permits contribution by equal shares, we will iol|mm this method also. Under this approach each insurer contributes equal amounts until ithas paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the n(hm insurance does not permit contribution byequal shares, wmwill contribute by |im|ta. Under this method, each insurer's share is based on the ratio of its applicable limit o/ insurance to Na total applicable limits of insurance ofall insurers, 5. Premium Audit a.Wewill compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Pad as advance premium is m deposit premium only. At the close of each audit period we will compute the earned premium /or that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date onthe bill, |fthe sum of the ocvmnun and audit premiums paid for the policy period ia greater than the earned premium, wewill return the excess tothe first Named Insured. c. The first Named Insured must keep records n4the information we need for premium oompubhon, and send us copies at such times as we may 6. Representations Byaccepting this policy, you agree: m. The statements in the Declarations are accurate and complete; Page 12 of 16 Copyright, Insurance Services Office, |mc..2D12 CG 0A@10413 b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Parl 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 claim is made or'suit' is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment 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. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 1. 'Advertisement' means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. 'Auto' means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. CG 00 01 04 13 However, 'auto' does not include 'mobile equipment.' 3. "Bodily injury' means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. 'Coverage territory' means: 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 Paragraph a. above; or 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 Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph 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 a 'suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to, 5. 'Employee' includes a 'leased worker.' 'Employee' does not include a'temporary worker.' 6. 'Executive officer' means a person holding any of the officer positions created by your charier, constitution, bylaws or any other similar governing document. 7. 'Hostile fire' means one which becomes uncontrollable or breaks out from where it was intended to be. S. '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 the repair, replacement, adjustment or removal of 'your product' or 'your work' or your fulfilling the terms of the contract or agreement. Copyright, Insurance Services Office, Inc., 2012 Page 13 of 16 9. '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 to premises while rented to you or temporarily occupied by you with permission of the owner is not an 'insured contract'; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; 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. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnities 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; (2) 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 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 (3) 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 (2) above and supervisory, inspection, architectural or engineering activities. 10.1eased 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.' 11.1oading 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.' 12. ®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, maintained primarily to provide mobility to 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 Paragraph 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 Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 01 0413 W However, self-propelled vehicles with the following types of permanently attached equipment are not 'mobile equipment' but will be considered `autos': (1) Equipment 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 (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, 'mobile equipment' does not Include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered 'autos.' 13.'Occurrence' means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. '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; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person o organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; t'. The use of another's advertising idea in your 'advertisement'; or g. Infringing upon another's copyright, trade dress or slogan In your 'advertisement.' 15,'Pollutants' mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicais and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. 'Products -completed operations hazard': e. 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 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. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 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; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - completed operations are subject to the r General Aggregate Limit. 17.'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 the 'occurrence' that caused it, For the purposes of this insurance, electronic data is not tangible property. CC 00 0104 13 Copyright, Insurance Services Office, Inc., 2012 Page 15 at 16 As used in this dafin|Nm, electronic data means information, facts or pm0mmo stored as or on, created or used on, or transmitted to or from computer software, including systems and applications ookwum hard or floppy disks, CD- ROMs, (apos, drives, omUa, data processing devices orany other media which are used with e|nc1mnioa||y controlled equipment. 1B."8uK~ means a civil proceeding In which damages because of 'bodily in'property damage' or ~pomomo| and advertising injury" to which this insurance applies are alleged. *Suit' Includes: m. Anarbitration proceeding inwhich such damages are claimed and \uwhich the insured must submit nrdoes submit with our consent; ur 1b. Any other a|h»mo\ivo dispute resolution proceeding |nwhich such damages are claimed and to which the insured submits with our consent. 19.7empumry worker' means a person who is furnished to you to substitute for a permanent ^ompinyoo, on leave or to moot soaonno| or short- term workload conditions. hurt'1ermwnrk(oodoondidone. 20'°Vo|unUsermmrher~ means person who is not your .employmm."and who donates his urher work and acts odthe direction ufand within the scope oyduties determined by you, and Is not paid a tao, salary or other compensation byyou or anyone else for their work performed for you, 21."Your product': a. Means: (1) Any goods or products, other than mm| pmpedy, manufactured, wd4 handled, distributed ordisposed u(by: (o) You; UW Others trading under your name; or (c) A person or organization whose business orassets you have acquired; and (2) Containers (other than xahic|es), mu8oda|o, parts or equipment furnished in connection with such goods orproducts, 1b. Includes: (1) Warranties or representations made at any time with respect to the 0nesa, qua0y, dumbUky, performance or use of "your product'; and VW The providing ofmfailure (oprovide warnings or instructions, u. Does not include vending machines or other property rented 1nurlocated for the use u1others but not sold. 22. 'Your work': a. Means: (1) Work or operations performed byyou mon your behalf; and (2) Materials,parts or equipment furnished In connection with such work oroperations. b. Includes: (1) Warranties orrepresentations made at any time with respect to the Nnoam, quaUty, podonnanua or use of 'your work'; and (2) The providing uforfailure <oprovide warnings or instructions. Page 16od16 Copyright, Insurance Services Office, |nc'2U12 DG 00040413 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completions Department Date 1 City Attorney Review, revise, and comment on draft. 1 agreement. i3 t - 2 _ Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed ori inals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4� City Attorney Review and approve form of agreement; _ bonds, and insurance certificates and endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. _ 6. City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: Jf : fj% ► %�,r pF 6 Project Name: e,r i . r't 1 j `, Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. RESOLUTION NO. 13820 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO WAIVE COMPETITIVE BIDDING AND ENTER INTO A MAINTENANCE CONTRACT WITH PUMP REPAIR SERVICE COMPANY TO REPAIR FIVE STORM WATER PUMPS. WHEREAS, Storm water pump stations play a vital role in San Rafael's storm drain system; and WHEREAS, several of the City's storm water pump stations were constructed in the 1950's and 1960's; and WHEREAS, the City's storm drain pumps require routine maintenance due to garbage, rocks and other forms of debris that damage pump mechanisms; and WHEREAS, while the majority of the City's 29 storm water pumps are functioning, there are individual pumps in immediate need of maintenance and repair; and WHEREAS, Pump Repair Service Company is familiar with the City's older pumps and has the unique expertise to repair the pumps in question; and WHEREAS, section 2.55.070D of the San Rafael Municipal Code allows for the waiver of competitive bidding in circumstances such as these; and WHEREAS, there are sufficient funds in the City's Storm Water Fund (4205) to accommodate this expenditure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby authorizes the Public Works Director to waive competitive bidding and enter into a maintenance contract with Pump Repair Service Company. IT IS FURTHER ORDERED AND RESOLVED, that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 6`h day of October, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None - ESTHER C. BEIRNE, City CIerk File No.: 08.03.11 CITY OF SAN RAFAEL I:Z•11��PrLe�'��1' � � • • ► r INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL /AGENCY. SRCC AGENDA ITEM NO. DATE OF MEETING: October 6, 2014 FROM: Nader Mansourian DEPARTMENT: Public Works FILE NO.: 08.03.11 DATE: September 15, 2014 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO WAIVE COMPETITIVE BIDDING AND ENTER INTO A MAINTENANCE CONTRACT WITH PUMP REPAIR SERVICE COMPANY TO REPAIR FIVE STORM WATER PUMPS. Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY APPROVED AS TO FORM: AGENDA ITEM: m il AA City anager (signature) City Attorney (signature) NOT APPROVED C _:.