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HomeMy WebLinkAboutCC Resolution 13820 (Pump Repair Service)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 (#205) 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
G,
ESTHER..... C. BEIRN'-.........................it"'"......C'-1_.m..........__..-
E, City Clcrk
File No.: 08.03.11
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-14 WEEKS and with
such extensions of time as are provided for in the General Provisions. ���' <'�}` 7u;c f�
III - The Contract Sum Jd(
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.
ITE1I
DESCRIPTION
1. 400 Canal Pump Station - Pump #1
2. 400 Canal Pump Station - Pump #2
400 Canal Pump Station - Pump #3
` (Option 3 — New Pump Option)
4. Kerner Pump Station — Pump #1
5. Peacock Pump Station — Pump 41
6. Peacock Pump Station — Bowl Assembly
IV - Payments
ESTIMATED
QUANTITY
1
1
1
UNIT UNIT PRICE
LS @ $30,467.01
LS (14 $45.709.43
LS %L $168,137.0
0
TOTAL
PRICE
$30,467.01
= $45,709.43
= $1681,137.00
LS ,@ $36,963.66 =
$36,963.66
LS @ $73,351.44 =
$73,351.44
LS @; $46,511.39 =
$46,511.39
GRAND TOTAL S
401,139.93
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: CITY OF SAN RAFAEL:
Esther C. Beirne Nader AfanS0117'ian
City Clerk Public Works Director
APPROVED AS TO FORM:
Robert F. Epstein
City Attorney
File No.: 08.03.11
Pump Repair Services Company:
By:
Printed 7��Irie:
4- e
Title:-,,'
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 severally, 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.
December 2, 2014 Pump Repair Service Company, Inc. (Seal)
(Principal)
Bye !4., ,..�
Contractors Bonding and Insurance Company
B -YO
?6 r`
Attomey-M-Fact
Jen Oeu
V
ACKNOWLEDGMENT
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(A) whose name(z) is/amx
subscribed to the within instrument and acknowledged to me that kadshe/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 person( -x) 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.
- q��Signature >
ERIN BAUTISTA
_
"+
Commission # 2002702
4
Notary Public - California z
Santa Clara County
My
Comm. Expires Apr 25, 2C':8
(Seal) I,---
"� "
Contractors Bonding and Insurance Company
ekic 3101 Western Ave., Suite 300
Seattle, WA 98121
art RU C—p—V
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. Wrivht, Erin Bautista, Jean Neu, Brvan Martin, Frances M. Murphy, jointly or severally.
in the City of man 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 Mav 2013
,`„rrrrrirrrrr,,,,
GAN
A •,• .•99
Joey• aoaP®R4rcn•y"M
V C7H—'1® • O
p 2
State of Washington J • ° 1979° • `
SS •�4SHING10a
County of King 4rrrrniuu I � 1�0```a`
On this 24th day of May 2013
before me, a Notary Public, personally appeared Rov 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 r
State or Washington r
JOSEPH B. MULLER
MY COMMISSION EXPIRES
March 29, 2016 ,
4 .... . . . .. ... .. m .
Contractors Bonding and Insurance Company
Roy C. Die f �- 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
Notary Public
Roy C. Die
0467553032912
Vice President
A0059511
Premium: Included MAINTENANCE BOND BOND NUNIBER CS.R.R015232.-
. . . . ...............
KNOW ALL MEN BY THESE PRESENTS, That we, _ Pump.RepairService Company, Inc.
...........................
.4.0.5.Allart.51[eet 5.an. Frartdaw—C.A..9.41.3.4...........................................................................................---.......---........................................
;hereinafter called the Principal), and Contractors Bonding and Insurance Company corporation ;hereinafter called the
Surety), are held and firmly bound unto .. City.of San.Rafael
....................................................................
111 Morphew Street, San Rafael, CA 94915 -1560
.................................................... ..........
.................. ............... ......................... ............... ............... -- ............................ .........................--............................. .......
here!nai;er called the Obligee!. in the full and lust sum of .Four Hundred One Thousand One Hundred Thirty Nine Dollars
and, 93/100......................................_.................................,..........................................................._....0401,139..93 - ...Dallars,
lawful money of the !United States, for the payment of .vhich, well and truly to be made. we bind ourselves, our heirs. administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
entered into 3 certain contract with the Obligee dated October 6, 2014
WHEREAS, said Principal has s .......................
For Pump Station_ Maintenance - Repair Five Storm Water Pumps
.............................................-.............. .
which contract has been ar is about to be completed and accepted
AND WHEREAS, specifications and contract provided that _Pump..Repair Service Company, Inc_
.............
should guarantee the project free `:ram defects caused by fauity varkmanshiP and materials for 3 period of 1 years, general .vear
and tear excepted.
NOW, THEREFORE, if the said project shall be free ;ram defects of workmanship and macer!als. general wear and 'ear excepted.
for a period of 1 years, then this obligation shall be null and void: otherwise to remain in full force and effect.
December 2, 2014
Signed, sealed and delivered............................................................
Pump Repair Service Company, I
Witnessas .a..........................................................................nc. ........ ....(Seal)
Principal ................................ . ....... I ... (Seal)
.....................(Seal)
Contra4tors Bond`ft�and Insurance Company ` f
Jea bleu Attorney-in-fact
UTIMI►_ G -0 -Tl 4 -DWI" kiwi
State of California
County of Santa Clara }
On December 2, 2013 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(A) is/amx
subscribed to the within instrument and acknowledged to me that k&shefltn4 executed the same in
his/her/ iY authorized capacity( and that by kis/her/ signature() 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.
I
Signature
a ERIN BAUTISTA
Commission # 2062702
a J� Notary Public - California z
Santa Clara County r
My Comm. Expires Apr 25, 20118
(Seal)
Contractors Bonding and Insurance Company
ekic 3101 western Ave., Suite 300
Seattle, WA 98121
nP au comP..y
Know All Men by These Presents:
POWER OF ATTOMEY
1 i II Tt? iT f ? I 1.
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. Wril?ht. Erin Bautista. Jean Neu, Brvan Martin. Frances M. Murphv, iointiv or severally.
in the City of —San Francisca__, 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 Mav 2013
` ,\\\\A91111111j1
®�o\N° AND .ySG O�
° • 1979 • _
State of Washington
SS
County of King
On this 24th day of May 2013
before me, a Notary Public, personally appeared Rov 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.
V, -,e6_
(2,w,a
Joseph B. huller
Notary Public
Stale of Washington
JOSEPH B. MULLER
MY COMMISSION EXPIRES
March 20, 2016 '
Notary Public
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 ,2 1
Contractors Bonding and Insurance Company
Roy C. Die
0467553032912
Vice President
A0059511
California All -Purpose Acknowledgment
State of California )
S.S.
County of
On �",F� ,�t�/�` before me, ARSENIO V. ARCILLA, a notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the personk4whose name,( -s) is/are-
subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in
his/betfthei'r authorized capacity(i.esy, and that by his/Ioe7thei"r signatureKon the instrument the
person(s); or the entity upon behalf of which the personA 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
A SENIOV. RCILLA
l 20
WTAAY ®UBUC•CALIFC$ Vt
n
AN hMC#Cg 6aar
MT C01K Eu. MTI. /a, 2011
(This area for notary seal) .
TE
A� I,
10/28
CERTIFICATE OF LIABILITY INSURANCE DA/20YYYY)
10/28/2019
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 be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER (CONTACT
Willis Insurance Services of California, Inc. NAME:
c/o 26 Century Blvd PHONE FAX
(A/C. No. Ertl: 1-877-945-7378 (A/C, No):1-888-467-2378
P.O. Box 305191 E-MAIL
Nashville, TN 372305191 USA ADDRESS: certificates@willis. core
INSURERS) AFFORDING COVERAGE NAIC #
INSURERA:Valley Forge Insurance Company _ 20508
INSURED Pump Repair Service Co. INSURER B:American Casualty Company of Reading, PA 20427
P.O. Box 34327 INSURER C :Cypress Insurance Company 10855
San Francisco, CA 94134
INSURER D
INSURER E:
INSURER F:
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.
SUBRI
POLICY EFF POLICY EXP
TR TYPE OF INSURANCE iADDL I SD WVD POLICY NUMBER
IMM/DD/YYYY) (MM1D0/YYYY); LIMITS
X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE S
1, 000, 000
r
DAMAGE TO RENTED
CLAIMS -MADE X j OCCUR
PREMISES (Ea occurrence)--
ccurrence).A
li
A
$1,000 Prop. Damage
MED EXP (Any one person) S
5,000
- -
- Ded. Per Occ, Y 2053779521
!08/21/2019 08/21/2015, PERSONAL &ADV INJURY,�,5
1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE '', S
2,000, 000
RO LOC
POLICY'�� x ` PRO-
- - JECT
! PRODUCTS- COMP/OP AGG S
2,000, 000
S
OTHER.
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT g
1,000,000
(Ea accident)
X ANY AUTO ''
BODILY INJURY (Per person) S
_
B ALL OSCHEDULED 2053779535
08/21/2014 08/21/2015 BODILY INJURY (Per accAent)'I S
AUTOS AUTOS
_
NON -OWNED
%�.�
PROPERTY DAMAGE
S
-%� HIRED AUTOS I AUTOS
! (Per accident)
'
S
UMBRELLA LAB
,OCCUR
EACH OCCURRENCE S
EXCESS LAB
CLAIMS -MADE
AGGREGATE S
DER RETENTION S
S
WORKERS COMPENSATION
x PER OTH-
AND EMPLOYERS' LIABILITYSTATUTE
YlNI'i
ER
C
ANY PROPRIETOR/PARTNER/EXECUTIVE
E L. EACH ACCIDENT S
1,000,000 1
OFF! C ERIM,EVBER EXCLUDED? N/A 3300055086141
04/01/2014 04/01/2015'
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE, S
1, 000,000
If yes, describe under
DESCRIPTION OF OPERATIONS be,ow
I
EL. DISEASE - POLICY LIMIT S
1,000, 000
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 storm 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
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
Box 151560
C
San Rafael, CA 99915-1560
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
SR ID:7679827 BATCH:Batch q: 89786
Pump Repair Service Co., Inc.
#2053779521
CNA Eff. 08/21/2014 to 08/21/2015 G -140331-C
(Ed. 10/10)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
-WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE (OPTIONAL)
Name of Additional Insured Persons Or Organizations
(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 Part.)
A. Section II - Who Is An Insured is amended to 2. We will not provide the additional insured any
include as an additional insured: broader coverage or any higher limit of
1. Any person or organization whom you are
insurance than the least that is:
required by "written contract' to add as an a. Required by the "written contract';
additional insured on this Coverage Part; and
b. Described in 13.1. 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
injury," "property damage," or "personal and
advertising injury" caused in whole or in part by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on
your behalf
in the performance of your ongoing operations
specified in the "written contract'; or
c. "Your work" that is specified in the "written
contract' but only for "bodily injury" or
"property damage" included in the
"products -completed operations hazard,"
and only if:
(1) The "written contract' requires you to
provide the additional insured such
coverage; and
(2) This Coverage Part provides such
coverage.
c. Afforded to you under this policy.
3. This insurance is excess of all other insurance
available to the additional insured whether on a
primary, excess, contingent or any 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 is a Named Insured.
4. The insurance provided to the additional
insured does not apply to "bodily injury,"
1. property damage," or "personal and advertising
injury arising out of:
a. The rendering of, or the failure to render,
any professional architectural, engineering,
or surveying services, including:
(1) The preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; and
(2) Supervisory, inspection, architectural or
engineering activities; or
G -140331-C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2
(Ed. 10/10)
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)
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COMMERCIAL GENERAL LIABILITY
CG 00 01 0413
Various provisions in this policy restrict coverage. Read
(2) The 'bodily injury' or 'property damage'
the entire policy carefully to determine rights, duties and
occurs during the policy period; and
what is and is not covered.
(3) Prior to the policy period, no insured listed
Throughout this policy the words 'you' and 'your' refer
under Paragraph 1. of Section II — Who Is An
to the Named Insured shown in the Declarations, and
Insured and no 'employee' authorized by you
any other person or organization qualifying as a Named
to give or receive notice of an 'occurrence' or
Insured under this policy. The words 'we,' 'us' and 'our'
claim, knew that the 'bodily injury' or
refer to the company providing this insurance.
'property damage' had occurred, in whole or
The word 'insured' means any person or organization
in part. It such a listed insured or authorized
qualifying as such under Section II — Who Is An Insured.
'employee' knew, prior to the policy period,
that the 'bodily injury' or 'property damage'
Other words and phrases that appear in quotation marks
occurred, then any continuation, change or
have special meaning. Refer to Section V —Definitions.
resumption of such 'bodily Injury' or 'property
SECTION I— COVERAGES
damage' during or after the policy period will
COVERAGE A — BODILY INJURY AND PROPERTY
be deemed to have been known prior to the
DAMAGE LIABILITY
policy period.
1. Insuring Agreement
e. 'Bodily injury' or 'property damage' which occurs
during the policy period and was not, prior to the
a. We will pay those sums that the insured becomes
policy period, known to have occurred by any
legally obligated to pay as damages because of
insured listed under Paragraph 1. of Section II —
'bodily injury' or 'property damage' to which this
Who Is An Insured or any 'employee' authorized
insurance applies. We will have the right and duty
by you to give or receive notice of an
to defend the insured against any 'suit' seeking
'occurrence' or claim, includes any continuation,
those damages. However, we will have no duty to
change or resumption of that 'bodily injury' or
defend the insured against any 'suit' seeking
°property damage' after the end of the policy
damages for 'bodily injury' or 'property damage'
period.
to which this insurance does not apply. We may,
'occurrence'
d. 'Bodily injury' or 'property damage' will be
at our discretion, investigate any
deemed to have been known to have occurred at
and settle any claim or 'suit' that may result. But:
the earliest time when any insured listed under
(1) The amount we will pay for damages is limited
Paragraph 1. of Section Il — Who Is An Insured or
as described in Section III — Limits Of
any 'employee' authorized by you to give or
Insurance; and
receive notice of an 'occurrence' or claim:
(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';
(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
Page 1 of 16
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 partys 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
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f. Pollution
(d) At or from any premises, site or location
(1) 'Bodily injury' or 'property damage' arising
on which any insured or any contractors or
out of the actual, alleged or threatened
subcontractors working directly or
discharge, dispersal, seepage, migration,
indirectly on any insured's behalf are
release or escape of 'pollutants':
performing operations if the 'pollutants'
are brought on or to the premises, site or
a) At or from an remises, site or location
( y P
location In connection with such
which is or was at any time owned or
operations by such insured, contractor or
occupied by, or rented or loaned to, any
subcontractor, However, this
insured. However, this subparagraph does
subparagraph does not apply to:
not apply to:
(i) 'Bodily injury' ry"or 'property edama e°
() 'Bodily injury' if sustained within a
arising out of the escape of fuels,
building and caused by smoke, fumes,
lubricants or other operating fluids
vapor or soot produced by or
which are needed to perform the
originating from equipment that Is used
normal electrical, hydraulic or
to heat, cool or dehumidify the
mechanical functions necessary for the
building, or equipment that is used to
operation of 'mobile equipment' or Its
heat water for personal use, by the
parts, if such fuels, lubricants or other
building's occupants or their guests;
operating fluids escape from a vehicle
(ii) "Bodily injury' or 'property damage' for
part designed to hold, store or receive
which you may be held liable, if you
them. This exception does not apply if
are a contractor and the owner or
the 'bodily injury' or 'property
lessee of such promises, site or
damage' arises out of the intentional
location has been added to your policy
discharge, dispersal or release of the
as an additional insured with respect to
fuels, lubricants or other operating
your ongoing operations performed for
fluids, or if such fuels, lubricants or
that additional insured at that
other operating fluids are brought on or
premises, site or location and such
to the premises, site or location with
premises, site or location is not and
the intent that they be discharged,
never was owned or occupied by, or
dispersed or released as part of the
rented or loaned to, any insured, other
operatlons being performed by such
than that additional insured; or
Insured, contractor or subcontractor;
(iii) 'Bodily injury' or 'property damage'
(if) 'Bodily injury' or 'property damage'
arising out of heat, smoke or fumes
sustained within a building and caused
from a 'hostile fire';
by the release of gases, fumes or
(b) At or from any premises, site or location
vapors from materials brought into that
which is or was at any time used by or for
building in connection with operations
any insured or others for the handling,
being performed by you or on your
storage, disposal, processing or treatment
behalf by a contractor or
of waste;
subcontractor; or
(c) Which are or were at any time transported,
(Ili) 'Bodily Injury' or 'property damage'
handled, stored, treated, disposed of, or
arising out of heat, smoke or fumes
processed as waste by or for:
from a 'hostile fire.'
(i) Any insured; or
(e) At or from any premises, site or location
on which any insured or any contractors or
(fl) Any person or organization for whom
subcontractors working directly or
you may be legally responsible; 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 00 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.'
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.
(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."
h. Mobile Equipment
'Bodily injury' or 'property damage' arising out of:
(1) The transportation of 'mobile equipment' by
an 'auto' owned or operated by or rented or
loaned to any insured; or
(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
This exclusion does not apply to: 'Property damage' to:
(1) A watercraft while ashore on premises you (1) Property you own, rent, or occupy, including
own or rent; any costs or expenses incurred by you, or any
(2) A watercraft you do not own that is: other person, organization or entity, for repair,
(a) Less than 26 feet long; and replacement, enhancement, restoration or
maintenance of such property for any reason,
(b) Not being used to carry persons or including prevention of injury to a person or
property for a charge; 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, it 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
Ifl — Limits Of Insurance.
Paragraph (2) of this exclusion does not apply if
the premises are 'your work' and were never
occupied, rented or held for rental by you.
Paragraphs (3), (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.
I. 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 regulation, other than the TCPA, CAN -
SPAM Act of 2003 or FORA and their
amendments and additions, that addresses,
prohibits, or limits the printing, dissemination,
disposal, collecting, recording, sending,
transmitting, communicating or distribution 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. We will 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 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 'personal and advertising injury' to
which this insurance does not apply. We may, at
our discretion, investigate any offense and settle
any claim or 'suit' that may result. But:
(1) The amount we will pay for damages is limited
as described in Section III — Limits Of
Insurance; and
(2) Our right and duty to defend end 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 'personal and
advertising injury' caused by an offense arising
out of your business but only if the offense was
committed in the 'coverage territory' during the
policy period.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
'Personal and advertising injury' caused by or at
the direction of the insured with the knowledge
that the act would violate the rights of another
and would Inflict 'personal and advertising injury.'
b. Material Published With Knowledge Of Falsity
'Personal and advertising injury' arising out of
oral or written publication, in any manner, of
material, if done by or at the direction of the
Insured with knowledge of its falsity.
c. Material Published Prior To Policy Period
'Personal and advertising injury' arising out of
oral or written publication, In any manner, of
material whose first publication took place before
the beginning of 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 injury' for which the
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 Of Contract
'Personal and advertising injury' arising out of a
breach of contract, except an implied contract to
use another's advertising Idea In your
'advertisement.'
g. Quality Or Performance Of Goods — Failure To
Conform To Statements
'Personal and advertising injury' arising out of the
failure of goods, products or services to conform
with any statement of quality or performance
made in your 'advertisement,'
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 6 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 0104 13
f. 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 by an
insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web sites
for others; or
(3) An Internet search, access, content or service
provider.
However, this exclusion does not apply to
Paragraphs 14.a., b. and c. of 'personal and
advertising injury' under the Definitions section.
For the purposes of this exclusion, the placing of
frames, borders or links, or advertising, for you or
others anywhere on the Internet, is not by itself,
considered the business of advertising,
broadcasting, publishing or telecasting.
k. Electronic Chatrooms Or Bulletin Boards
'Personal and advertising Injury' arising out of an
electronic chatroom or bulletin board the insured
hosts, owns, or over which the insured exercises
control.
I. Unauthorized Use Of Another's Name Or
Product
'Personal and advertising Injury' arising out of the
unauthorized use of another's name or product in
your e-mail address, domain name or melatag, or
any other similar tactics to mislead 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. Pollution -related
Any loss, cost or expense arising out of any:
(1) 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
(2) 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.'
o. War
'Personal and advertising injury,' however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action In hindering or defending against an
actual or expected attack, by any government,
sovereign or other authority using military
personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p. Recording And Distribution Of Material Or
Information In Violation Of Law
'Personal and advertising injury' arising directly
or indirectly out of any action or omission that
violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN -SPAM Act of 2003, including any
amendment of or addition to such law;
(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
(4) Any federal, state or focal statute, ordinance
or regulation, other than the TCPA, CAN -
SPAM Act of 2003 or FCRA and their
amendments and additions, that addresses,
prohibits, or limits the printing, dissemination,
disposal, collecting, recording, sending,
transmitting, communicating or distribution of
material or information,
CG 00 01 0413 Copyright, Insurance Services Office, Inc., 2012
Page 7 of 16
COVERAGE C — MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury' caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent; or
(3) Because of your operations;
provided that:
(a) The accident takes place in the 'coverage
territory' and during the policy period;
(b) The expenses are incurred and reported to
us within one year of the date of the
accident; and
(c) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of fault.
These payments will not exceed the applicable
limit of insurance. We will pay reasonable
expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X-ray and dental
services, including prosthetic devices; and
(3) Necessary ambulance, hospital, professional
nursing and funeral services.
2. Exclusions
We will not pay expenses for 'bodily injury':
a. Any Insured
To any insured, except 'volunteer workers.'
b. Hired Person
To a person hired to do work for or on behalf of
any Insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises you
own or rent that the person normally occupies.
d. Workers` Compensation And Similar Laws
To a person, whether or not an 'employee' of any
insured, it benefits for the 'bodily injury' are
payable or must be provided under a workers'
compensation or disability benefits law or a
similar law.
e. Athletics Activities
To a person injured while practicing, instructing or
participating in any physical exercises or games,
sports, or athletic contests.
I. Products -Completed Operations Hazard
Included within the 'products -completed
operations hazard.'
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS— COVERAGES A
AND B
1. We will pay, with respect to any claim we investigate
or settle, or any 'suit' against an insured we defend:
a. All expenses we incur.
b. Up to $250 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which the
Bodily Injury Liability Coverage applies. We do
not have to furnish these bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable limit
of insurance. We do not have to furnish these
bonds.
d. All reasonable expenses incurred by the insured
at our request to assist us in the investigation or
defense of the claim or 'suit,' including actual
loss of earnings up to $250 a day because of time
off from work.
e. All court costs taxed against the insured in the
'suit.' However, these payments do not include
attorneys' fees or attorneys' expenses taxed
against the insured.
t. Prejudgment interest awarded against the insured
on that part of the judgment we pay. If we make
an offer to pay the applicable limit of insurance,
we will not pay any prejudgment interest based
on that period of time after the offer.
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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.
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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 other 'volunteer
workers' while performing duties related to
the conduct of your business;
(b) To the spouse, child, parent, brother or
sister of that co -'employee' or '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.
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3. The Products -Completed Operations Aggregate 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 2. above, the Personal And
Advertising Injury Limit is the most we will pay under
Coverage B for the sum of all damages because of
all 'personal and advertising injury' sustained by any
one person or organization.
5. Subject to Paragraph 2. or 3. above, whichever
applies, the Each Occurrence Limit Is the most we
will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all 'bodily injury' and 'property damage'
arising out of any one 'occurrence.'
6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of
'property damage' to any one premises, while rented
to you, or in the case of damage by fire, while rented
to you or temporarily occupied by you with
permission of the owner.
7. Subject to Paragraph 5. above, the Medical Expense
Limit is the most we will pay under Coverage C for all
medical expenses because of 'bodily injury'
sustained by any one person.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to any
remaining period of less than 12 months, starting with
the beginning of the policy period shown in the
Declarations, unless the policy period is extended after
issuance for an additional period of less than 12 months.
In that case, the additional period will be deemed part of
the last preceding period for purposes of determining the
Limits of Insurance.
SECTION IV—COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our obligations
under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are notified as soon as
practicable of an 'occurrence' or an offense
which may result in a claim. To the extent
possible, notice should Include:
(1) How, when and where the 'occurrence' or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
CG 00 0104 13
(3) The nature and location of any injury or
damage arising out of the 'occurrence' or
offense.
b. It a claim is made or 'suit' is brought against any
insured, you must:
(1) Immediately record the specifics of the claim
or 'suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to It that we receive written notice
of the claim or 'suit' as soon as practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any demands,
notices, summonses or legal papers received
in connection with the claim or 'suit';
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against the
'suit'; and
(4) Assist us, upon our request, in the
enforcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to which
this insurance may also apply.
No insured will, except at that insured's own cost,
voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into a
'suit' asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of its
terms have been fully complied with.
A person or organization may sue us to recover on
an agreed settlement or on a final judgment against
an insured; but we will not be liable for damages that
are not payable under the terms of this Coverage
Part or that are in excess of the applicable limit of
insurance. An agreed settlement means a settlement
and release of liability signed by us, the insured and
the claimant or the claimant's legal representative.
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Page 11 of 16
4. Other insurance
if other valid and collectible insurance is available to
the insured for a loss we cover under Coverages A
or B of this Coverage Part, our obligations are limited
as follows:
a. Primary Insurance
This insurance Is primary 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. Then, we will
share with all that other insurance by the method
described in Paragraph c. below,
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
(i) That is Fire, Extended Coverage,
Builder's Risk, installation Risk or
similar coverage lor'your work';
(ii) That is Fire insurance for premises
rented to you or temporarily occupied
by you with permission of the owner;
(fit) That is insurance purchased by you to
cover your liability as a tenant for
.properly damage' to promises rented
to you or temporarily occupied by you
with permission of the owner; or
(Iv) If the loss arises out of the
maintenance or use of aircraft, 'autos'
or watercraft to the extent not subject
to Exclusion g. of Section I — Coverage
A — Bodily Injury And Property
Damage Liability.
(b) Any other primary insurance available to
you covering liability for damages arising
out of the premises or operations, or the
products and completed operations, for
which you have been added as an
additional insured.
(2) When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any 'suit' if any other
Insurer has a duty to defend the insured
against that 'suit! If no other insurer defends,
we will undertake to do so, but we will be
entitled to the insured's rights against all
those other insurers,
(3) When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of;
(a) The total amount that all such other
insurance would pay for the foss in the
absence of this insurance; and
(b) The total of all deductible and self-insured
amounts under all that other Insurance.
(4) We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically 10 apply in excess of the
Limits of Insurance shown in the Declarations
of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable limit
of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute by
limits. Under this method, each Insurer's share is
based on the ratio of its applicable limit of
insurance to the total applicable limits of
insurance of all insurers,
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rales.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first blamed Insured, The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned premium,
we will return the excess to the first Named
Insured.
c. The first Named insured must keep records of the
information we need for premium computation,
and send us copies at such times as we may
request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate
and complete;
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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 Part 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,
9. 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.
SECTION V — DEFINITIONS
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 charter,
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.
8. '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.
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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 feel 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.
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However, self-propelled vehicles with the
16. 'Products -completed operations hazard':
following types of permanently attached
e. Includes all 'bodily injury' and 'property damage'
equipment are not 'mobile equipment' but will be
occurring away from premises you own or rent
considered `autos':
and arlsing out of 'your product' or 'your work'
(1) Equipment designed primarily for:
except:
(a) Snow removal;
(1) Products that are still in your physical
(b) Road maintenance, but not construction or
possession; or
resurfacing; or
(2) Work that has not yet been completed or
(c) Street cleaning;
abandoned. However, 'your work' will be
deemed completed at the earliest of the
(2) Cherry pickers and similar devices mounted
following times:
on automobile or truck chassis and used to
raise or lower workers; and
(a) When all of the work called for in your
contract has been completed.
(3) Air compressors, pumps and generators,
including spraying, welding, building cleaning,
( b) When all of the work done at the job
geophysical exploration, lighting and well
site has been completed
edd if your contract
servicing equipment.
calls for work at more than one job site.
However, 'mobile equipment' does not Include any
(c) When that part of the work done at a job
land vehicles that are subject to a compulsory or
site has been put to its intended use by
financial responsibility law or other motor vehicle
any person or organization other than
insurance law where it is licensed or principally
another contractor or subcontractor
garaged. Land vehicles subject to a compulsory or
working on the same project,
financial responsibility law or other motor vehicle
Work that may need service, maintenance,
insurance law are considered 'autos.'
correction, repair or replacement, but which is
13.'Occurrence' means an accident, including
otherwise complete, will be treated as
continuous or repeated exposure to substantially the
completed.
same general harmful conditions.
b. Does not include 'bodily injury' or 'property
14.'Personal and advertising injury' means injury,
damage' arising out of:
8
including consequential 'bodily injury,' arising out of
(1) The transportation of property, unless the
one or more of the following offenses:
injury or damage arises out of a condition in
a. False arrest, detention or imprisonment;
or on a vehicle not owned or operated by you,
and that condition was created by the 'loading
b. Malicious prosecution;
or unloading' of that vehicle by any insured;
c. The wrongful eviction from, wrongful entry into, or
(2) The existence of tools, uninstalled equipment
invasion of the right of private occupancy of a
or abandoned or unused materials or
"
room, dwelling or premises that a person
occupies, committed by or on behalf of its owner,
(3) Products or operations for which the
landlord or lessor;
classification, listed in the Declarations or in a
s
Policy Schedule, states that products -
publication, in
d. Oral or written an ,
P Y manner, of
completed operations are subject to the
material that slanders or libels a person or
General Aggregate Limit.
organization or disparages a person's or
organization's goods, products or services;
17.'Property damage' means:
e. Oral or written publication, in any manner, of
a. Physical injury to tangible property, including all
material that violates a person's right of privacy;
resulting loss of use of that property. All such loss
=
of use shall be deemed to occur at the time of the
t'. The use of another's advertising idea in your
physical injury that caused it; or
'advertisement'; or
b. Loss of use of tangible property that is not
g. Infringing upon another's copyright, trade dress or
physically injured. All such loss of use shall be
slogan In your 'advertisement.'
deemed to occur at the time of the 'occurrence'
15.'Pollutants' mean any solid, liquid, gaseous or
that caused it,
thermal irritant or contaminant, including smoke,
For the purposes of this insurance, electronic data is
vapor, soot, fumes, acids, alkalis, chemicals and
not tangible property.
waste. Waste includes materials to be recycled,
®
reconditioned or reclaimed.
CC 00 0104 13 Copyright, Insurance Services Office, Inc., 2012 Page 15 at 16
As used in this definition, 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.
18. "Suit' means a civil proceeding In which damages
because of 'bodily injury,' 'property damage' or
'personal and advertising injury' to which this
insurance applies are alleged. 'Suit' includes:
a. An arbitration proceeding in which such damages
are claimed and to which the insured must submit
or does submit with our consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are claimed
and to which the insured submits with our
consent.
19.7emporary worker' means a person who is
furnished to you to substitute for a permanent
'employee' on leave or to meet seasonal or short-
term workload conditions.
20.'Volunteer worker' means a person who is not your
'employee,' and who donates his or her work and
acts at the direction of and within the scope of duties
determined by you, and Is not paid a fee, salary or
other compensation by you or anyone else for their
work performed for you.
21. "Your product':
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business
or assets you have acquired; and
(2) Containers (olher than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.
b. Includes:
(1) Warranties or representations made at any
time with respect to the Illness, quality,
durability, performance or use of 'your
product'; and
(2) The providing of or failure to provide warnings
or instructions.
c. Does not include vending machines or other
property rented to or located for the use of others
but not sold.
22. "Your work':
a. Means:
(1) Work or operations pertormed by you or on
your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
b. Includes:
(1) Warranties or representations made at any
lime with respect to the fitness, quality,
durability, performance or use of 'your work';
and
(2) The providing of or failure to provide warnings
or instructions.
Page 16 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 0104 13
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 aQreeinents/contracts (not just those requiring City Council approval).
This process should occur in the order presented below.
Step
Responsible
Description
Completion
Department
Date
1
City Attorney
Review, revise, and comment on draft
oC. 7
agreement.
1
2
Contracting Department
Forward final agreement to contractor for
their signature. Obtain at least two signed
originals 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;
-ell r,,e
bonds and insurance certificates and
-4,ZS —, /
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: ; ►.r . Jt Project Name:
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 Clerk
File No.: 08.03.11
CITY OF SAN RAFAEL
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
DATE: September 15, 2014
FILE NO.: 08.03.11
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
AGENDA ITEM:
City` anagerI(signature)
NOT APPROVED
APPROVED AS TO FORM:
_j , _ , f, _
City Attorney (signature)