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