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HomeMy WebLinkAboutCC Resolution 13820 (Pump Repair Service)RESOLUTION NO. 13820 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO WAIVE COMPETITIVE BIDDING AND ENTER INTO A MAINTENANCE CONTRACT WITH PUMP REPAIR SERVICE COMPANY TO REPAIR FIVE STORM WATER PUMPS. WHEREAS, Storm water pump stations play a vital role in San Rafael's storm drain system; and WHEREAS, several of the City's storm water pump stations were constructed in the 1950's and 1960's; and WHEREAS, the City's storm drain pumps require routine maintenance due to garbage, rocks and other forms of debris that damage pump mechanisms; and WHEREAS, while the majority of the City's 29 storm water pumps are functioning, there are individual pumps in immediate need of maintenance and repair; and WHEREAS, Pump Repair Service Company is familiar with the City's older pumps and has the unique expertise to repair the pumps in question; and WHEREAS, section 2.55.070D of the San Rafael Municipal Code allows for the waiver of competitive bidding in circumstances such as these; and WHEREAS, there are sufficient funds in the City's Storm Water Fund (#205) to accommodate this expenditure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby authorizes the Public Works Director to waive competitive bidding and enter into a maintenance contract with Pump Repair Service Company. IT IS FURTHER ORDERED AND RESOLVED, that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 6`h day of October, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None G, ESTHER..... C. BEIRN'-.........................it"'"......C'-1_.m..........__..- E, City Clcrk File No.: 08.03.11 City of San Rafael ® California Form of Contract Agreement for Pump Station Maintenance This Agreement is made and entered into this 6'h day of October, 2014 by and between the City of San Rafael (hereinafter called City) and Pump Repair Service Company (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work necessary to repair the storm water pumps as specified below, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary with respect to any insurance or coverage maintained by the City and shall not call on the City's insurance or coverage for any contribution. II - Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within T-14 WEEKS and with such extensions of time as are provided for in the General Provisions. ���' <'�}` 7u;c f� III - The Contract Sum Jd( The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. ITE1I DESCRIPTION 1. 400 Canal Pump Station - Pump #1 2. 400 Canal Pump Station - Pump #2 400 Canal Pump Station - Pump #3 ` (Option 3 — New Pump Option) 4. Kerner Pump Station — Pump #1 5. Peacock Pump Station — Pump 41 6. Peacock Pump Station — Bowl Assembly IV - Payments ESTIMATED QUANTITY 1 1 1 UNIT UNIT PRICE LS @ $30,467.01 LS (14 $45.709.43 LS %L $168,137.0 0 TOTAL PRICE $30,467.01 = $45,709.43 = $1681,137.00 LS ,@ $36,963.66 = $36,963.66 LS @ $73,351.44 = $73,351.44 LS @; $46,511.39 = $46,511.39 GRAND TOTAL S 401,139.93 The Contractor shall invoice the City as material is received and as work is performed. V — Indemnification Contractor will indemnify, release, defend and hold harmless City, its officers, and employees, against any claim, demand, suit, judgement, loss, liability or expense of any kind, inlcuding attorney's fees. arisign out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of Controactor or Contractor's officers, agendts and emploees in the performance of their dutitions and obligations under this contract. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: Esther C. Beirne Nader AfanS0117'ian City Clerk Public Works Director APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: 08.03.11 Pump Repair Services Company: By: Printed 7��Irie: 4- e Title:-,,' Bond No. CSB0015232 Premium: $8,023.00 r KNOW ALL MEN BY THESE PRESENTS, That Pump Repair Service Company, Inc. 405 Allan Street San Francisco, CA 94134 , Principal, and Contractors Bonding and Insurance Company Surety, are held and Firmly bound unto City of San Rafael 111 Morphew Street San Rafael, CA 94915-1560 , Obligee, in the sum of Four Hundred One Thousand One Hundred Thirty Nine Dollars and 93/100 Dollars ($401,139.93 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered Into a contract with Obligee, dated October 6, 2014 for Pump Station Maintenance - Repair Five Storm Water Pumps copy of which contract Is by reference made a part hereof. NOW, THEREFORE, If Principal shall, in accordance with applicable Statutes, promptly made payment to all persons supplying labor and material In the prosecution of the work provided for In said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. December 2, 2014 Pump Repair Service Company, Inc. (Seal) (Principal) Bye !4., ,..� Contractors Bonding and Insurance Company B -YO ?6 r` Attomey-M-Fact Jen Oeu V ACKNOWLEDGMENT State of California County of Santa Clara ) On December 2, 2014 before me, Erin Bautista, Notary Public (insert name and title of the officer) personally appeared Jean Neu , who proved to me on the basis of satisfactory evidence to be the person(A) whose name(z) is/amx subscribed to the within instrument and acknowledged to me that kadshe/RW4 executed the same in his/her/MW authorized capacity(, and that by kWher/fejt signature(%s) on the instrument the person(, or the entity upon behalf of which the person( -x) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. - q��Signature > ERIN BAUTISTA _ "+ Commission # 2002702 4 Notary Public - California z Santa Clara County My Comm. Expires Apr 25, 2C':8 (Seal) I,--- "� " Contractors Bonding and Insurance Company ekic 3101 Western Ave., Suite 300 Seattle, WA 98121 art RU C—p—V Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: Bradley N. Wrivht, Erin Bautista, Jean Neu, Brvan Martin, Frances M. Murphy, jointly or severally. in the City of man Francisco , State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( $10,000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS 'WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 24th day of Mav 2013 ,`„rrrrrirrrrr,,,, GAN A •,• .•99 Joey• aoaP®R4rcn•y"M V C7H—'1® • O p 2 State of Washington J • ° 1979° • ` SS •�4SHING10a County of King 4rrrrniuu I � 1�0```a` On this 24th day of May 2013 before me, a Notary Public, personally appeared Rov C. Die who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Joseph B. uller Notary Public r State or Washington r JOSEPH B. MULLER MY COMMISSION EXPIRES March 29, 2016 , 4 .... . . . .. ... .. m . Contractors Bonding and Insurance Company Roy C. Die f �- Vice President CERTIFICATE I, the undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the Contractors Bonding and Insurance Company this 2nd day of December.2014 . Contractors Bonding and Insurance Company Notary Public Roy C. Die 0467553032912 Vice President A0059511 Premium: Included MAINTENANCE BOND BOND NUNIBER CS.R.R015232.- . . . . ............... KNOW ALL MEN BY THESE PRESENTS, That we, _ Pump.RepairService Company, Inc. ........................... .4.0.5.Allart.51[eet 5.an. Frartdaw—C.A..9.41.3.4...........................................................................................---.......---........................................ ;hereinafter called the Principal), and Contractors Bonding and Insurance Company corporation ;hereinafter called the Surety), are held and firmly bound unto .. City.of San.Rafael .................................................................... 111 Morphew Street, San Rafael, CA 94915 -1560 .................................................... .......... .................. ............... ......................... ............... ............... -- ............................ .........................--............................. ....... here!nai;er called the Obligee!. in the full and lust sum of .Four Hundred One Thousand One Hundred Thirty Nine Dollars and, 93/100......................................_.................................,..........................................................._....0401,139..93 - ...Dallars, lawful money of the !United States, for the payment of .vhich, well and truly to be made. we bind ourselves, our heirs. administrators, executors, successors and assigns, jointly and severally, firmly by these presents. entered into 3 certain contract with the Obligee dated October 6, 2014 WHEREAS, said Principal has s ....................... For Pump Station_ Maintenance - Repair Five Storm Water Pumps .............................................-.............. . which contract has been ar is about to be completed and accepted AND WHEREAS, specifications and contract provided that _Pump..Repair Service Company, Inc_ ............. should guarantee the project free `:ram defects caused by fauity varkmanshiP and materials for 3 period of 1 years, general .vear and tear excepted. NOW, THEREFORE, if the said project shall be free ;ram defects of workmanship and macer!als. general wear and 'ear excepted. for a period of 1 years, then this obligation shall be null and void: otherwise to remain in full force and effect. December 2, 2014 Signed, sealed and delivered............................................................ Pump Repair Service Company, I Witnessas .a..........................................................................nc. ........ ....(Seal) Principal ................................ . ....... I ... (Seal) .....................(Seal) Contra4tors Bond`ft�and Insurance Company ` f Jea bleu Attorney-in-fact UTIMI►_ G -0 -Tl 4 -DWI" kiwi State of California County of Santa Clara } On December 2, 2013 before me, Erin Bautista, Notary Public (insert name and title of the officer) personally appeared Jean Neu who proved to me on the basis of satisfactory evidence to be the person(s) whose name(A) is/amx subscribed to the within instrument and acknowledged to me that k&shefltn4 executed the same in his/her/ iY authorized capacity( and that by kis/her/ signature() on the instrument the person(, or the entity upon behalf of which the person(,a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I Signature a ERIN BAUTISTA Commission # 2062702 a J� Notary Public - California z Santa Clara County r My Comm. Expires Apr 25, 20118 (Seal) Contractors Bonding and Insurance Company ekic 3101 western Ave., Suite 300 Seattle, WA 98121 nP au comP..y Know All Men by These Presents: POWER OF ATTOMEY 1 i II Tt? iT f ? I 1. That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: Bradlev N. Wril?ht. Erin Bautista. Jean Neu, Brvan Martin. Frances M. Murphv, iointiv or severally. in the City of —San Francisca__, State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( $10.000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 24th day of Mav 2013 ` ,\\\\A91111111j1 ®�o\N° AND .ySG O� ° • 1979 • _ State of Washington SS County of King On this 24th day of May 2013 before me, a Notary Public, personally appeared Rov C. Die who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. V, -,e6_ (2,w,a Joseph B. huller Notary Public Stale of Washington JOSEPH B. MULLER MY COMMISSION EXPIRES March 20, 2016 ' Notary Public Contractors Bonding and Insurance Company Roy C. Die Vice President CERTIFICATE I, the undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the Contractors Bonding and Insurance Company this 2nd day of December ,2 1 Contractors Bonding and Insurance Company Roy C. Die 0467553032912 Vice President A0059511 California All -Purpose Acknowledgment State of California ) S.S. County of On �",F� ,�t�/�` before me, ARSENIO V. ARCILLA, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the personk4whose name,( -s) is/are­- subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/betfthei'r authorized capacity(i.esy, and that by his/Ioe7thei"r signatureKon the instrument the person(s); or the entity upon behalf of which the personA acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A SENIOV. RCILLA l 20 WTAAY ®UBUC•CALIFC$ Vt n AN hMC#Cg 6aar MT C01K Eu. MTI. /a, 2011 (This area for notary seal) . TE A� I, 10/28 CERTIFICATE OF LIABILITY INSURANCE DA/20YYYY) 10/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (CONTACT Willis Insurance Services of California, Inc. NAME: c/o 26 Century Blvd PHONE FAX (A/C. No. Ertl: 1-877-945-7378 (A/C, No):1-888-467-2378 P.O. Box 305191 E-MAIL Nashville, TN 372305191 USA ADDRESS: certificates@willis. core INSURERS) AFFORDING COVERAGE NAIC # INSURERA:Valley Forge Insurance Company _ 20508 INSURED Pump Repair Service Co. INSURER B:American Casualty Company of Reading, PA 20427 P.O. Box 34327 INSURER C :Cypress Insurance Company 10855 San Francisco, CA 94134 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER W613057 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SUBRI POLICY EFF POLICY EXP TR TYPE OF INSURANCE iADDL I SD WVD POLICY NUMBER IMM/DD/YYYY) (MM1D0/YYYY); LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1, 000, 000 r DAMAGE TO RENTED CLAIMS -MADE X j OCCUR PREMISES (Ea occurrence)-- ccurrence).A li A $1,000 Prop. Damage MED EXP (Any one person) S 5,000 - - - Ded. Per Occ, Y 2053779521 !08/21/2019 08/21/2015, PERSONAL &ADV INJURY,�,5 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE '', S 2,000, 000 RO LOC POLICY'�� x ` PRO- - - JECT ! PRODUCTS- COMP/OP AGG S 2,000, 000 S OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT g 1,000,000 (Ea accident) X ANY AUTO '' BODILY INJURY (Per person) S _ B ALL OSCHEDULED 2053779535 08/21/2014 08/21/2015 BODILY INJURY (Per accAent)'I S AUTOS AUTOS _ NON -OWNED %�.� PROPERTY DAMAGE S -%� HIRED AUTOS I AUTOS ! (Per accident) ' S UMBRELLA LAB ,OCCUR EACH OCCURRENCE S EXCESS LAB CLAIMS -MADE AGGREGATE S DER RETENTION S S WORKERS COMPENSATION x PER OTH- AND EMPLOYERS' LIABILITYSTATUTE YlNI'i ER C ANY PROPRIETOR/PARTNER/EXECUTIVE E L. EACH ACCIDENT S 1,000,000 1 OFF! C ERIM,EVBER EXCLUDED? N/A 3300055086141 04/01/2014 04/01/2015' (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE, S 1, 000,000 If yes, describe under DESCRIPTION OF OPERATIONS be,ow I EL. DISEASE - POLICY LIMIT S 1,000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Maintenance contract with Pump Repair Service Company to repair five storm water pumps. City of San Rafael, its officers, employees, agents and volunteers are included as Additional Insureds as respects to General Liability. General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of San Rafael AUTHORIZED REPRESENTATIVE 111 Morphew Street Box 151560 C San Rafael, CA 99915-1560 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SR ID:7679827 BATCH:Batch q: 89786 Pump Repair Service Co., Inc. #2053779521 CNA Eff. 08/21/2014 to 08/21/2015 G -140331-C (Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to 2. We will not provide the additional insured any include as an additional insured: broader coverage or any higher limit of 1. Any person or organization whom you are insurance than the least that is: required by "written contract' to add as an a. Required by the "written contract'; additional insured on this Coverage Part; and b. Described in 13.1. above; or 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the "written contract'; or c. "Your work" that is specified in the "written contract' but only for "bodily injury" or "property damage" included in the "products -completed operations hazard," and only if: (1) The "written contract' requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract," this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury," 1. property damage," or "personal and advertising injury arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or G -140331-C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 (Ed. 10/10) Pump Repair Service Co., Inc. #2053779521 CNA Eff. 08/21/2014 to 08/21/2015 G -140331-C (Ed. 10/10) b. Any premises or work for which the We have no duty to defend or indemnify an additional insured is specifically listed as an additional insured under this endorsement until additional insured on another endorsement we receive from the additional insured written attached to this Coverage Part. notice of a claim or "suit." C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non- contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by endorsement G -140331-C, or when Paragraph b. below applies. D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage"; or b The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. G -140331-C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2 (Ed. 10/10) s n 0 COMMERCIAL GENERAL LIABILITY CG 00 01 0413 Various provisions in this policy restrict coverage. Read (2) The 'bodily injury' or 'property damage' the entire policy carefully to determine rights, duties and occurs during the policy period; and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words 'you' and 'your' refer under Paragraph 1. of Section II — Who Is An to the Named Insured shown in the Declarations, and Insured and no 'employee' authorized by you any other person or organization qualifying as a Named to give or receive notice of an 'occurrence' or Insured under this policy. The words 'we,' 'us' and 'our' claim, knew that the 'bodily injury' or refer to the company providing this insurance. 'property damage' had occurred, in whole or The word 'insured' means any person or organization in part. It such a listed insured or authorized qualifying as such under Section II — Who Is An Insured. 'employee' knew, prior to the policy period, that the 'bodily injury' or 'property damage' Other words and phrases that appear in quotation marks occurred, then any continuation, change or have special meaning. Refer to Section V —Definitions. resumption of such 'bodily Injury' or 'property SECTION I— COVERAGES damage' during or after the policy period will COVERAGE A — BODILY INJURY AND PROPERTY be deemed to have been known prior to the DAMAGE LIABILITY policy period. 1. Insuring Agreement e. 'Bodily injury' or 'property damage' which occurs during the policy period and was not, prior to the a. We will pay those sums that the insured becomes policy period, known to have occurred by any legally obligated to pay as damages because of insured listed under Paragraph 1. of Section II — 'bodily injury' or 'property damage' to which this Who Is An Insured or any 'employee' authorized insurance applies. We will have the right and duty by you to give or receive notice of an to defend the insured against any 'suit' seeking 'occurrence' or claim, includes any continuation, those damages. However, we will have no duty to change or resumption of that 'bodily injury' or defend the insured against any 'suit' seeking °property damage' after the end of the policy damages for 'bodily injury' or 'property damage' period. to which this insurance does not apply. We may, 'occurrence' d. 'Bodily injury' or 'property damage' will be at our discretion, investigate any deemed to have been known to have occurred at and settle any claim or 'suit' that may result. But: the earliest time when any insured listed under (1) The amount we will pay for damages is limited Paragraph 1. of Section Il — Who Is An Insured or as described in Section III — Limits Of any 'employee' authorized by you to give or Insurance; and receive notice of an 'occurrence' or claim: (2) Our right and duty to defend ends when we have used up the applicable limit of Insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to 'bodily injury' and °property damage' only if: (1) The 'bodily injury' or 'property damage' is caused by an 'occurrence' that takes place in the 'coverage territory'; (1) Reports all, or any part, of the 'bodily injury' or 'property damage' to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the 'bodily injury' or 'property damage'; or (3) Becomes aware by any other means that 'bodily injury' or 'property damage' has occurred or has begun to occur. e. Damages because of 'bodily injury' include damages claimed by any person or organization for care, loss of services or death resulting at any time from the 'bodily injury.' CG 00 01 0413 Copyright, Insurance Services Office, Inc., 2012 Page 1 of 16 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury 'Bodily injury' or 'property damage' expected or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury' resulting from the use of reasonable force to protect persons or property. b. Contractual Liability 'Bodily injury' or 'property damage' for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement, This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an 'insured contract,' provided the 'bodily injury' or 'property damage' occurs subsequent to the execution of the contract or agreement, Solely for the purposes of liability assumed in an 'insured contract,' reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of 'bodily injury' or 'property damage,' provided: (a) liability to such party for, or for the cost of, that partys defense has also been assumed in the same 'Insured contract'; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability 'Bodily injury' or 'property damage' for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the 'occurrence' which caused the 'bodily injury' or 'property damage,' involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are In the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability 'Bodily injury' to: (1) An 'employee' of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that 'employee' as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone also who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an 'insured contract.' Page 2 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 01 0413 0 n f. Pollution (d) At or from any premises, site or location (1) 'Bodily injury' or 'property damage' arising on which any insured or any contractors or out of the actual, alleged or threatened subcontractors working directly or discharge, dispersal, seepage, migration, indirectly on any insured's behalf are release or escape of 'pollutants': performing operations if the 'pollutants' are brought on or to the premises, site or a) At or from an remises, site or location ( y P location In connection with such which is or was at any time owned or operations by such insured, contractor or occupied by, or rented or loaned to, any subcontractor, However, this insured. However, this subparagraph does subparagraph does not apply to: not apply to: (i) 'Bodily injury' ry"or 'property edama e° () 'Bodily injury' if sustained within a arising out of the escape of fuels, building and caused by smoke, fumes, lubricants or other operating fluids vapor or soot produced by or which are needed to perform the originating from equipment that Is used normal electrical, hydraulic or to heat, cool or dehumidify the mechanical functions necessary for the building, or equipment that is used to operation of 'mobile equipment' or Its heat water for personal use, by the parts, if such fuels, lubricants or other building's occupants or their guests; operating fluids escape from a vehicle (ii) "Bodily injury' or 'property damage' for part designed to hold, store or receive which you may be held liable, if you them. This exception does not apply if are a contractor and the owner or the 'bodily injury' or 'property lessee of such promises, site or damage' arises out of the intentional location has been added to your policy discharge, dispersal or release of the as an additional insured with respect to fuels, lubricants or other operating your ongoing operations performed for fluids, or if such fuels, lubricants or that additional insured at that other operating fluids are brought on or premises, site or location and such to the premises, site or location with premises, site or location is not and the intent that they be discharged, never was owned or occupied by, or dispersed or released as part of the rented or loaned to, any insured, other operatlons being performed by such than that additional insured; or Insured, contractor or subcontractor; (iii) 'Bodily injury' or 'property damage' (if) 'Bodily injury' or 'property damage' arising out of heat, smoke or fumes sustained within a building and caused from a 'hostile fire'; by the release of gases, fumes or (b) At or from any premises, site or location vapors from materials brought into that which is or was at any time used by or for building in connection with operations any insured or others for the handling, being performed by you or on your storage, disposal, processing or treatment behalf by a contractor or of waste; subcontractor; or (c) Which are or were at any time transported, (Ili) 'Bodily Injury' or 'property damage' handled, stored, treated, disposed of, or arising out of heat, smoke or fumes processed as waste by or for: from a 'hostile fire.' (i) Any insured; or (e) At or from any premises, site or location on which any insured or any contractors or (fl) Any person or organization for whom subcontractors working directly or you may be legally responsible; or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, 'pollutants.' CG 00 01 0413 Copyright, Insurance Services office, Inc., 2012 Page 3 of 16 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, 'pollutants'; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, 'pollutants.' However, this paragraph does not apply to liability for damages because of 'property damage' that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or 'suit' by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft 'Bodily injury' or *property damage' arising out of the ownership, maintenance, use or entrustment to others of any aircraft, 'auto' or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and 'loading or unloading.' This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence' which caused the 'bodily injury' or 'property damage' involved the ownership, maintenance, use or entrustment to others of any aircraft, 'auto' or watercraft that is owned or operated by or rented or loaned to any insured. (5) 'Bodily injury' or 'property damage' arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of 'mobile equipment' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment." h. Mobile Equipment 'Bodily injury' or 'property damage' arising out of: (1) The transportation of 'mobile equipment' by an 'auto' owned or operated by or rented or loaned to any insured; or (2) The use of 'mobile equipment' in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. I. War 'Bodily injury' or 'property damage," however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property This exclusion does not apply to: 'Property damage' to: (1) A watercraft while ashore on premises you (1) Property you own, rent, or occupy, including own or rent; any costs or expenses incurred by you, or any (2) A watercraft you do not own that is: other person, organization or entity, for repair, (a) Less than 26 feet long; and replacement, enhancement, restoration or maintenance of such property for any reason, (b) Not being used to carry persons or including prevention of injury to a person or property for a charge; damage to another's property; (3) Parking an 'auto' on, or on the ways next to, (2) Premises you sell, give away or abandon, If premises you own or rent, provided the 'auto' the 'property damage' arises out of any part is not owned by or rented or loaned to you or of those premises; the insured; (3) Property loaned to you; (4) Liability assumed under any 'insured contract' for the ownership, maintenance or use of aircraft or watercraft; or Page 4 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 01 0413 (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, it the 'property damage' arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because .your work' was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to 'property damage' (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ifl — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are 'your work' and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to 'property damage' included in the 'products - completed operations hazard," k. Damage To Your Product 'Property damage' to 'your product' arising out of It or any part of it. I. Damage To Your Work 'Property damage' to 'your work' arising out of it or any part of it and included in the 'products - completed operations hazard.' This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured 'Property damage' to 'impaired property' or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in 'your product' or 'your work'; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms, This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to 'your product' or °your work' after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense Incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) 'Your product'; (2) 'Your work'; or (3) 'impaired property'; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising injury 'Bodily injury' arising out of 'personal and advertising injury.' p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of 'bodily injury.' As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law 'Bodily injury' or 'property damage' arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, Including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or CG 00 01 0413 Copyright, Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN - SPAM Act of 2003 or FORA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance, COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of 'personal and advertising injury' to which this insurance applies. We will have the right and duty to defend the insured against any 'suit' seeking those damages. However, we will have no duty to defend the insured against any 'suit' seeking damages for 'personal and advertising injury' to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or 'suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to 'personal and advertising injury' caused by an offense arising out of your business but only if the offense was committed in the 'coverage territory' during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another 'Personal and advertising injury' caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would Inflict 'personal and advertising injury.' b. Material Published With Knowledge Of Falsity 'Personal and advertising injury' arising out of oral or written publication, in any manner, of material, if done by or at the direction of the Insured with knowledge of its falsity. c. Material Published Prior To Policy Period 'Personal and advertising injury' arising out of oral or written publication, In any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts 'Personal and advertising injury' arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability 'Personal and advertising injury' for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract 'Personal and advertising injury' arising out of a breach of contract, except an implied contract to use another's advertising Idea In your 'advertisement.' g. Quality Or Performance Of Goods — Failure To Conform To Statements 'Personal and advertising injury' arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your 'advertisement,' h. Wrong Description Of Prices 'Personal and advertising injury' arising out of the wrong description of the price of goods, products or services stated in your 'advertisement,' Page 6 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 0104 13 f. Infringement Of Copyright, Patent, Trademark Or Trade Secret 'Personal and advertising injury' arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your 'advertisement." However, this exclusion does not apply to infringement, in your 'advertisement,' of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses 'Personal and advertising injury' committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of 'personal and advertising injury' under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards 'Personal and advertising Injury' arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product 'Personal and advertising Injury' arising out of the unauthorized use of another's name or product in your e-mail address, domain name or melatag, or any other similar tactics to mislead another's potential customers. m. Pollution 'Personal and advertising injury' arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 'pollutants' at any time. n. Pollution -related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants'; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or In any way responding to, or assessing the effects of, 'pollutants.' o. War 'Personal and advertising injury,' however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action In hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law 'Personal and advertising injury' arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or focal statute, ordinance or regulation, other than the TCPA, CAN - SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information, CG 00 01 0413 Copyright, Insurance Services Office, Inc., 2012 Page 7 of 16 COVERAGE C — MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury' caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the 'coverage territory' and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for 'bodily injury': a. Any Insured To any insured, except 'volunteer workers.' b. Hired Person To a person hired to do work for or on behalf of any Insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers` Compensation And Similar Laws To a person, whether or not an 'employee' of any insured, it benefits for the 'bodily injury' are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. I. Products -Completed Operations Hazard Included within the 'products -completed operations hazard.' g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS— COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any 'suit' against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or 'suit,' including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the 'suit.' However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. t. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. Page 6 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 0104 13 v 8 s 8 E 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 other 'volunteer workers' while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -'employee' or 'volunteer worker' as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above;or (d) Arising out of his or her providing or failing to provide professional health care services. (2) 'Property damage' to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your 'employees,' 'volunteer workers,' any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your 'employee' or 'volunteer worker'), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative If you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar Insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to 'bodily injury' or 'property damage' that occurred before you acquired or formed the organization; and c. Coverage B does not apply to 'personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured In the Declarations. SECTION 111— LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of; a. Insureds; b. Claims made or 'suits' brought; or c. Persons or organizations making claims or bringing 'suits.' 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of 'bodily injury' or 'property damage' included In the 'products -completed operations hazard'; and c. Damages under Coverage B. Page 10 of 16 Copyright, Insurance Services Office, Inc., 2012 CC 00 0104 13 0 ID 0 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of 'bodily injury' and 'property damage' included in the 'products -completed operations hazard.' 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all 'personal and advertising injury' sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit Is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all 'bodily injury' and 'property damage' arising out of any one 'occurrence.' 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of 'property damage' to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of 'bodily injury' sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an 'occurrence' or an offense which may result in a claim. To the extent possible, notice should Include: (1) How, when and where the 'occurrence' or offense took place; (2) The names and addresses of any injured persons and witnesses; and CG 00 0104 13 (3) The nature and location of any injury or damage arising out of the 'occurrence' or offense. b. It a claim is made or 'suit' is brought against any insured, you must: (1) Immediately record the specifics of the claim or 'suit" and the date received; and (2) Notify us as soon as practicable. You must see to It that we receive written notice of the claim or 'suit' as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or 'suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the 'suit'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a 'suit' asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. Copyright, Insurance Services Office, Inc., 2012 Page 11 of 16 4. Other insurance if other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance Is primary except when Paragraph b, below applies. if this insurance Is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, installation Risk or similar coverage lor'your work'; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (fit) That is insurance purchased by you to cover your liability as a tenant for .properly damage' to promises rented to you or temporarily occupied by you with permission of the owner; or (Iv) If the loss arises out of the maintenance or use of aircraft, 'autos' or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any 'suit' if any other Insurer has a duty to defend the insured against that 'suit! If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers, (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of; (a) The total amount that all such other insurance would pay for the foss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other Insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically 10 apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers, 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rales. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first blamed Insured, The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; Page 12 of 116 Copyright, Insurance Services Office, Inc., 2012 CG 00 0104 13 a 0 b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each Insured against whom claim is made or 'suit' is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring 'suit' or transfer those rights to us and help us enforce them, 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. 'Advertisement' means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. 'Auto' means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. CG 00 01 04 13 However, 'auto' does not include 'mobile equipment.' 3. 'Bodily injury' means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. 'Coverage territory' means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) 'Personal and advertising injury' offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a 'suit' on the merits, in the territory described in Paragraph a, above or in a settlement we agree to. 5. 'Employee' includes a 'leased worker.' 'Employee' does not include a'temporary worker.' 6. 'Executive officer' means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 7. 'Hostile fire' means one which becomes uncontrollable or breaks out from where it was intended to be. 8. 'Impaired property' means tangible property, other than 'your product' or 'your work,' that cannot be used or is less useful because: a. It incorporates 'your product' or 'your work' that Is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of 'your product' or 'your work' or your fulfilling the terms of the contract or agreement. 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 feel of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for 'bodily injury' or 'property damage' to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnities a railroad for 'bodily injury' or 'property damage' arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, If an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured°s rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10.1eased worker' means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. 'Leased worker' does not include a'temporary worker.' 11.1oading or unloading' means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or 'auto'; b. While it is in or on an aircraft, watercraft or 'auto'; or c. While it is being moved from an aircraft, watercraft or 'auto' to the place where it is finally delivered; but 'loading or unloading' does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or 'auto.' 12. ®Mobile equipment' means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 01 0413 CC 00 0104 13 Copyright, Insurance Services Office, Inc., 2012 Page 15 at 16 However, self-propelled vehicles with the 16. 'Products -completed operations hazard': following types of permanently attached e. Includes all 'bodily injury' and 'property damage' equipment are not 'mobile equipment' but will be occurring away from premises you own or rent considered `autos': and arlsing out of 'your product' or 'your work' (1) Equipment designed primarily for: except: (a) Snow removal; (1) Products that are still in your physical (b) Road maintenance, but not construction or possession; or resurfacing; or (2) Work that has not yet been completed or (c) Street cleaning; abandoned. However, 'your work' will be deemed completed at the earliest of the (2) Cherry pickers and similar devices mounted following times: on automobile or truck chassis and used to raise or lower workers; and (a) When all of the work called for in your contract has been completed. (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, ( b) When all of the work done at the job geophysical exploration, lighting and well site has been completed edd if your contract servicing equipment. calls for work at more than one job site. However, 'mobile equipment' does not Include any (c) When that part of the work done at a job land vehicles that are subject to a compulsory or site has been put to its intended use by financial responsibility law or other motor vehicle any person or organization other than insurance law where it is licensed or principally another contractor or subcontractor garaged. Land vehicles subject to a compulsory or working on the same project, financial responsibility law or other motor vehicle Work that may need service, maintenance, insurance law are considered 'autos.' correction, repair or replacement, but which is 13.'Occurrence' means an accident, including otherwise complete, will be treated as continuous or repeated exposure to substantially the completed. same general harmful conditions. b. Does not include 'bodily injury' or 'property 14.'Personal and advertising injury' means injury, damage' arising out of: 8 including consequential 'bodily injury,' arising out of (1) The transportation of property, unless the one or more of the following offenses: injury or damage arises out of a condition in a. False arrest, detention or imprisonment; or on a vehicle not owned or operated by you, and that condition was created by the 'loading b. Malicious prosecution; or unloading' of that vehicle by any insured; c. The wrongful eviction from, wrongful entry into, or (2) The existence of tools, uninstalled equipment invasion of the right of private occupancy of a or abandoned or unused materials or " room, dwelling or premises that a person occupies, committed by or on behalf of its owner, (3) Products or operations for which the landlord or lessor; classification, listed in the Declarations or in a s Policy Schedule, states that products - publication, in d. Oral or written an , P Y manner, of completed operations are subject to the material that slanders or libels a person or General Aggregate Limit. organization or disparages a person's or organization's goods, products or services; 17.'Property damage' means: e. Oral or written publication, in any manner, of a. Physical injury to tangible property, including all material that violates a person's right of privacy; resulting loss of use of that property. All such loss = of use shall be deemed to occur at the time of the t'. The use of another's advertising idea in your physical injury that caused it; or 'advertisement'; or b. Loss of use of tangible property that is not g. Infringing upon another's copyright, trade dress or physically injured. All such loss of use shall be slogan In your 'advertisement.' deemed to occur at the time of the 'occurrence' 15.'Pollutants' mean any solid, liquid, gaseous or that caused it, thermal irritant or contaminant, including smoke, For the purposes of this insurance, electronic data is vapor, soot, fumes, acids, alkalis, chemicals and not tangible property. waste. Waste includes materials to be recycled, ® reconditioned or reclaimed. CC 00 0104 13 Copyright, Insurance Services Office, Inc., 2012 Page 15 at 16 As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Suit' means a civil proceeding In which damages because of 'bodily injury,' 'property damage' or 'personal and advertising injury' to which this insurance applies are alleged. 'Suit' includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.7emporary worker' means a person who is furnished to you to substitute for a permanent 'employee' on leave or to meet seasonal or short- term workload conditions. 20.'Volunteer worker' means a person who is not your 'employee,' and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21. "Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (olher than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the Illness, quality, durability, performance or use of 'your product'; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work': a. Means: (1) Work or operations pertormed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any lime with respect to the fitness, quality, durability, performance or use of 'your work'; and (2) The providing of or failure to provide warnings or instructions. Page 16 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 0104 13 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aQreeinents/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft oC. 7 agreement. 1 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; -ell r,,e bonds and insurance certificates and -4,ZS —, / endorsements., 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: ; ►.r . Jt Project Name: Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. RESOLUTION NO. 13820 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO WAIVE COMPETITIVE BIDDING AND ENTER INTO A MAINTENANCE CONTRACT WITH PUMP REPAIR SERVICE COMPANY TO REPAIR FIVE STORM WATER PUMPS. WHEREAS, Storm water pump stations play a vital role in San Rafael's storm drain system; and WHEREAS, several of the City's storm water pump stations were constructed in the 1950's and 1960's; and WHEREAS, the City's storm drain pumps require routine maintenance due to garbage, rocks and other forms of debris that damage pump mechanisms; and WHEREAS, while the majority of the City's 29 storm water pumps are functioning, there are individual pumps in immediate need of maintenance and repair; and WHEREAS, Pump Repair Service Company is familiar with the City's older pumps and has the unique expertise to repair the pumps in question; and WHEREAS, section 2.55.070D of the San Rafael Municipal Code allows for the waiver of competitive bidding in circumstances such as these; and WHEREAS, there are sufficient funds in the City's Storm Water Fund (4205) to accommodate this expenditure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby authorizes the Public Works Director to waive competitive bidding and enter into a maintenance contract with Pump Repair Service Company. IT IS FURTHER ORDERED AND RESOLVED, that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 6`h day of October, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None -' ESTHER C. BEIRNE, City Clerk File No.: 08.03.11 CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL /AGENCY. SRCC AGENDA ITEM NO. DATE OF MEETING: October 6, 2014 FROM: Nader Mansourian DEPARTMENT: Public Works DATE: September 15, 2014 FILE NO.: 08.03.11 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO WAIVE COMPETITIVE BIDDING AND ENTER INTO A MAINTENANCE CONTRACT WITH PUMP REPAIR SERVICE COMPANY TO REPAIR FIVE STORM WATER PUMPS. Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY AGENDA ITEM: City` anagerI(signature) NOT APPROVED APPROVED AS TO FORM: _j , _ , f, _ City Attorney (signature)