HomeMy WebLinkAboutC-6433 - M/RSA for Repairs to Zone 3 Station, Booster 4cc c
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH GENERAL PUMP COMPANY, INC. FOR
I REPAIRS TO ZONE 3 STATION, BOOSTER 4
U
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 17th day of December, 2015 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and GENERAL PUMP COMPANY, INC., a California corporation
("Contractor"), whose address is 159 North Acacia Street, San Dimas, California 91773,
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform maintenance and/or repair services
for City ("Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2016, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services and Schedule of Billing Rates attached hereto as Exhibit A and incorporated
herein by reference ("Services" or "Work"). As a material inducement to City entering
into this Agreement, Contractor represents and warrants that Contractor is a provider of
first class work and Contractor is experienced in performing the Work contemplated
herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest industry standards in performing the Work required hereunder and
that all materials will be of good quality.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Contractor to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand -delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section. Except as otherwise
provided herein, no rate changes shall be made during the term of this Agreement
without the prior written approval of City. Contractor's compensation for all Services
performed in accordance with this Agreement, including all reimbursable items, shall not
exceed Thirty Thousand Dollars and 00/100 ($30,000.00), without prior written
amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit A to this Agreement, or specifically approved in writing in
advance by City.
General Pump Company, Inc. Page 2
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit A.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Michael Bodart to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Utilities Manager or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
General Pump Company, Inc. Page 3
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
General Pump Company, Inc. Page 4
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
General Pump Company, Inc. Page 5
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Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit B, and incorporated herein by reference.
15. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and
requesting one from the Department of Industrial Relations. The Contractor is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him/her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint -venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50%) or more of the voting power or
twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -
venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
General Pump Company, Inc. Page 6
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
General Pump Company, Inc. Page 7
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
23.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Utilities Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Michael Bodart
General Pump Company, Inc.
159 North Acacia Street
San Dimas CA 91773
25. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
General Pump Company, Inc. Page 8
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26. TERMINATION
26.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ("FLSA") (29 USCA § 201, et seg.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and/or regulations. This
obligation shall survive the expiration and/or termination of the Agreement.
General Pump Company, Inc. Page 9
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
28.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
General Pump Company, Inc. Page 10
28.11 No AttorneVs' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
General Pump Company, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT,7N Y'S OFFICE
Date: II 5'
By: r
Aaron C. Harp
City Attorney
ATTEST: f Ur
Date: ! /
City Clerk
Attachments
r
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: -1 (2�
By:
bg'orgurdoch
Municipal Operations Director - Utilities
CONTRACTOR: General Pump
Company, Inc., a California corporation
Date:
B:
Ml-cha-el Bodart
Director of Engineering
[END OF SIGNATURES]
Exhibit A - Scope of Services and Schedule of Billing Rates
Exhibit B - Insurance Requirements
General Pump Company, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES AND
SCHEDULE OF BILING RATES
General Pump Company, Inc. Page A-1
D
WELL & PUMP SERVICE SINCE 1952
Serving Southern California and Central Coast
October 1, 2015
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, California 92660
Attn: Andy Tran /Casey Parks
Subject: Zone 3 Station, Booster 4
159 N. ACACIA STREET * SAN DIMAS, CA 91773
PHONE: (909) 599-9606 * FAX: (909) 599-6238
CAMARILLO, CA 93010 * PHONE: (805) 482-1215
www.genpump.com
Lic. #496765
Via Email
The above referenced pump equipment was recently disassembled and inspected. Listed below
is a summary of our findings along with the associated recommendations and repair costs.
Enzineerine Inspection
• Basket strainer is in good condition; strainer is not equipped with a vortex splitter.
• Pump bowl is in good condition.
• Bowl shaft is wom in bearing journals.
• Impeller and bowl hydraulic seal ring surfaces are worn and have hard water plating.
• First stage impeller shows signs of insufficient submergence or net positive suction head.
• Intermediate bowl is equipped with combination rubber / bronze bowl bearing.
• Flanged column pipe is in good condition.
• Line shaft is wom in the bearing retainer bearing journal.
• The rubber bushing has become dislodged from the retainer.
• Lower head shaft is worn in the seal box bearing journal.
• Seal box is in good condition. Seal box bearing is wom.
• Mechanical seal is worn.
• Discharge head is in good condition. The coating has minor chips and holidays.
• The motor and upper head shaft, adjusting nut and drive key were kept by the customer.
Cost
Shop Labor
• Pressure wash and prepare pump for disassembly
and inspection
2 Hrs
• Disassemble head, column and pump bowl assembly, inspect 14 Hrs
• Receive and inspect new materials, quality assurance 4 Hrs
• Pressure wash and clean bowl assembly, prepare for machining 2 Hrs
Shop Labor (Continued)
• Machine bowl and suction bell for hydraulic wear rings
• Machine impellers for hydraulic seal rings
• Machine bronze seal rings
• Machine bowl shaft
• Remove and install new bowl bearings; install hydraulic
seal rings
• Smooth out and file first stage impeller inlet vanes
• Clean and prepare misc components for assembly
• Assemble pump bowls
• Pressure wash flanged column pipe, wire wheel and clean
pipe registers; handling
• Machine polish and balance line shaft; remove and replace line
shaft coupling
• Machine lower head shaft, thread both ends and balance
• Rebuild / recondition mechanical seal box; remove and install
new sleeve bearing
• Deliver and pick up parts
• Plumb stainless steel mechanical seal flush
• Pressure wash discharge head, clean and wire wheel base
and registers
• Assemble pump bowl to column assembly and discharge
head; install seal box and prep for install
• Touch up coating
Materials
Andy Tran / Casey Parks
City of Newport Beach
October 1, 2015
Page -2-
3 Hrs
3 Hrs
2 Hrs
6 Hrs
2 Hrs
1 Hrs
4 Hrs
6 Hrs
4 Hrs
3 Hrs
4 Hrs
2 Hrs
3 Hrs
2 Hrs
3 Hrs
10 Hrs
3 Hrs
83 Hrs. @ $104/Hr. $ 8,632.00
• Stainless steel vortex splitter
• Bowl shaft 416 SS PSQ
• Bronze bowl bearings
• Bronze hydraulic seal ring
• Bowl shaft coupling 416SS
• Bronze bearing retainer w/ rubber insert
• Stainless steel bowl and column hex head cap screws,
nuts and washers
• Lower head shaft, 416SS PSQ
• Lower head shaft coupling 416SS
• Mechanical seal box bronze sleeve bearing
• Seal box gasket
$ 810.00
850.00
380.00
680.00
140.00
585.00
392.00
680.00
135.00
210.00
19.00
Andy Tran / Casey Parks
GENKRAL It GORUVA" City of Newport Beach
PUW October 1, 2015
Page -3-
Materials (Continued)
• Seal flush piping, valves, fittings 316SS 165.00
• 14" 150# Nut, bolt & gasket kit, "Full Face" cloth
insert neopreme 360.00
• 24" 150# base gasket 125.00
• Coating touch up kit 130.00
• Electrical connection kit "X -Large" if required 380.00
• Miscellaneous assembly lube, solvents, paint, permatex
sealant, bolting. 125.00
• Estimated incoming freight 125.00
• Sales tax @ 8% 503.28 $ 6,794.28
Outside Service
• Mechanical seal repair $ 692.00
• Electronic balance two (2) impellers @ 1785 rpm 380.00 $ 1,072.00
Field Labor - Install, wire motor, and test - Est. 8 Hrs. $305/Hr. $ 2,440.00
Subtotal $18,939.28
Ten percent (10%) Maintenance Contract discount for all Labor1 IL_= 07.20)
Total Labor & Materials $17,832.08
Option
• Sandblast and recoat entire pump column and head with
Scotchkote 134 fusion bonded epoxy. $ 3,899.00
• Cast iron water lube bearing retainer with composite
Vesconite bushing - Add 440.00 $ 4,339.00
Should you have any questions or need additional information regarding the above summary and
associated costs, please do not hesitate to contact us.
Thank you.
Mchae[Bodan
Michael Bodart
President / Director of Engineering
EXHIBIT B
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIRMANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
General Pump Company, Inc. Page B-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City and its officers, officials, employees, and agents shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties_. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
General Pump Company, Inc. Page B-2
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance If Contractor or any sub -
consultant fails to provide and maintain insurance as required herein, then
City shall have the right but not the obligation, to purchase such
insurance, to terminate this Agreement, or to suspend Contractor's right to
proceed until proper evidence of insurance is provided. Any amounts paid
by City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
General Pump Company, Inc. Page B-3
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
I. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
General Pump Company, Inc. Page B-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 8/21/15 Dept./Contact Received From: Raymund
Date Completed: 8/21/15 Sent to: Raymund By: Chris/Alicia
Company/Person required to have certificate: General Pump Company, Inc.
Type of contract: Public Works
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 6/1/15-6/1/16
A.
INSURANCE COMPANY: Travelers Property Casualty Co of America
B.
AM BEST RATING (A-: VII or greater): A++; XV
AM BEST RATING (A-: VII or greater) A++; XV
C.
ADMITTED Company (Must be California Admitted):
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,00,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
include): Is it included? (completed Operations status does
(What is limits provided?)
N/A
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
Haulers only):
® N/A ❑ Yes ❑ No
COMPLETED OPERATIONS ENDORSEMENT (completed
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ®No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
E N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ NIA E Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 6/1/15-6/1/16
A.
INSURANCE COMPANY: Travelers Indemnity Company of CT
B.
AM BEST RATING (A-: VII or greater) A++; XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 6/1/15-6/1/16
A.
INSURANCE COMPANY: Travelers Property Casualty Co of America
B.
AM BEST RATING (A-: VII or greater): A++; XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
8/21/15
Date
®N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes [-]No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
1
CERTIFICATE CIF LIABILITY INSURANCE
THE INSURED NAMEDABOVE 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,
5/22/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE. HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY 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 18 WAIVED, subject t0
the terms and conditions of the policy, certain policies may require an endorsement. A. statement on this certificate does not corder rights to the
certificate holder in lieu of such endorsements .
PRODUCER
D Sherri Ben -Nun
This Liberty Company insurance BTOkeraPREMIE
CA License $OD79653
21820 Burbank Blvd Suite 330
Woodland Rills CA 41367
INSURED. •. ___...._
General Pimp Company, Inc.
159 North Acacia Street
(81@)919-3950 ` -- FAr . faedl B35-698}
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INSURERAfirayelers Pr rt Casualty Co of 25674
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THIS IS. TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO
THE INSURED NAMEDABOVE 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.
INsa
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TYPE OF INSURANCEPOLICY.
MaER CYEFF POLICY ErP
UMRB
X I CO1%IERCUU. GENERAL LIABILITY
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PERSONAL 6 ADV INJURY 5 1,000,000
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GENL AGGREGATE LIMIT APPLIES PER:
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G:_NERAI AGGREGATE $ 2.,000,000
PRODUCTS - COMP/OP AGG S 2,000,000
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AUTOMOBILE LIABILITY
N L S
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DED X RETENTIONS 0.
COP692911619TILLS 6/1/2015 6/1/2016
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DESCRIPmi* OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,.AddMimm1 Ramerks BeNsdub, Pmytw afraeOW R mere: V=6 Is n,4.1.d)
Where required by written
contract, City of Newport Beach, itsofficers; agents; .Officials- employees and
volunteers are included as .Additional Insured as respects operations of the Named Insured per the
attached CG D2 46 08 05 and. CA T3 53 03 10;. Coverage is. Primary and Non -Contributory as required by
written contract;. Blanket waiver of subrogation for General Liability applies per form CG 29 04 05 09;
and waiver Of subrogation for Workers, Compensation applies per Form WC 99 03 76 (00). Regarding Dolphin
Deep Nater Well Rehabilitation, contract no. C -5633(A)
CERTIFICATE HOLDER CNB Public Wraps CANCELLATION
JUN V .T 2015 SHOULDANY OFTHEABOVE DESCRIBED POLICIES SECANCELLED BEFORE
City of Newport Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS,
100 Civic center Drive Received
Newport Mach, CA .92660 F AUTHomzEORFPRESENTATWE
(Sherri Ben-Nun/KELLY���--'�---
O 1888-2914ACORD CORPORATION.: All rights reserved.
ACOR0.25(2014101) The ACORD name and logo are registered marks of ACORD
IN80251"4011
Policy Number: 6306929N819TIL15
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
11, VMO IS AN INSURED — (Section II) Is amended
to Include any person or organization that you
agree in a "written contract requiring insurance"
to include as an additional Insured on this Cover-
age Pad, but:
a) Only with respect to liability for "bodily Injury",
"property damage" ""Personal Injury; and
b) If, and only to the extent that, the injury or
damage Is caused by acts or omissions of
You or your subcontractor in the performance
Of "your work° to which the "written contract
requiring insurance" apples. The person or
organization does not quality as an additional
Insured with respect 10 the independent ads
or omissions of such person or organization.
2. The iraheance provided to the additional Insured
by this endorsement is limited as follows:
a)
b)
In the event that the Limits of Insurance of
this Coverage Pad shown In the Declarations
exceed the limits of liability required by the
"written contract requiring insurence", the In-
surance provided to the additional insured
shall be limited to the limits of lability re-
quired by that "written contract requiring In-
surance'. This endorsement shall not In.
crease the limit$ of Insurance described in
Section III — Limns Of insurance.
The insurance provided to the additional in.
sured does not apply to "bodily injury", "prop,
arty damage" or "personal Injury' arising out
of the rendering of, or failure to render, any
professional architectural, engineering or sur-
veying services, including:
i. The preparing, approving, or falling to
prepare or approve, maps, shop draw -
Inge, opinions, reports, surveys, Odd or-
ders or change orders, or the preparing,
approving, or failing to prepare or ap•
prove, drawings and specifications; and
Ii. Supervisory, Inspection, architectural or
engineering activities.
c) The insurance provided to the additional in.
sured does not apply to "bodily injury" or
"property damage" caused by "your work"
and Included In the "products -completed w
erallorm hazard" unless the "written contract
requiring insurance" specifically requires you
to provide such coverage for that additional
insured, and then the insurance provided to
the additional insured applies only to such
"bodily injury" or "property damage" that oc-
curs before the end of the period of lime for
which the 'Written contract requiring insur-
ance" requires you to provide such coverage
or the end of the policy period, whichever is
earlier.
3. The insurance provided to the additional insured
by this endorsement is excess over any valid and
collectible "other insurance", whether primary,
excess, contingent or on any other basK that Is
available to the additional Insured for a loss we
cover under this endorsement. However, if the
"wrilten contract requhing Insuurenca" speoNloaliy
requires that this Insurance apply on a primary
basis or a primary and non-corldbrdory basis,
this insurance Is primary to "other insurance"
available to the additional insured which coves
that person or organization as a named Insured
for such loss, and we will not share with that
gather Insurance". But the Insurance provided to
the additional Insured by this endorsement still is
excess over any valid and collectible "other Int
surance", whether primary, excess, contingent or
on any other basis, that is available to the addt•
tional insured when that person or organization is
an additional Insured under such "other Insur.
ance".
4. As a condition of coverage provided to the
additional tenured by this endorsement:
a) The additional Insured must give us written
notice as soon as practicable of an 'bocer-
rence" or an offense which may result in a
claim. To the extent possible, such notice
should include: .
CG D2 46 09 08 0 2005 The SL Paul Travelers Companies, Inc.
0104"
Page 1 of 2
COMMERCIAL GENERAL LIABILITY
L How, when and where the "occurrence"
or offense took place;
ii. The names and addresses of any Injured
persons and witnesses; and
Ill. The nature and location of any Injury or
damage arising out of the "occurrence" or
offense.
b) If a claim Is made or "sort" Is brought against
the additional Insured, the additional Insured
must
L Immediately record the specifics of the
claim or "suit" and the date received; and
U. Notify us as soon as practicable.
The additional Insured must see to It that we
receive written notice of the claim or "suit" as
soon as practicable.
c) The additional Insured must Immediately
send us copies of all legal papers received In
connection with the claim or "salt", cooperate
with us in the Investigation or settlement of
the claim or defense against the "suit", and
otherwise comply with all policy conditions.
d) The additional Insured must tender the de.
fense and Indemnity of arty claim or "soli" to
any provider of "other Insurance" which would
cover the additional Insured for a loss we
cover under this endorsement. However, this
condition does not affect whether the Insur-
ance provided to the additional Insured by
this endorsement is primary to "other Insur-
ance" available to the additional Insured
which covers that person or organization as a
named insured as described In paragraph &
above.
S. The following definition is added to SECTION V.
— DEFINITIONS:
"Written contract requiring Insurance" means
that part of any written contract or agreement
under which you are required to Include'a
person or organization as an additional In-
sured on this Coverage Part, provided that
the "bodily Injury" and °property damage" oo-
curs and the 'personal Injury" to caused by an
offense committed:
a. After the signing and execution of the
. contract or agreement by you;
b. While that part of the contract or
agreement Is In effect; and
c. Before the end of the policy period.
Page 2 of 2 0 2005 The at. Paul Travelers Companies, Inc. CG D2 46 06 06
. � ;A
i-
i
•, � .,'
. , �
i
•, � .,'
. , �
Policy Number: 8106929N819TIL15
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the fo8owing:
BUSINESS AUTO COVERAGE FORM
With respect to Coverage provided by this endorsement, the provisions of the Coverage Form apply unless rrtodi-
lied by the endorsement.
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any
injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or
limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover-
age description only. Limitations and exclusions my apply to these coverages. Read all the provisions of this en-
dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS —INCREASED
LIMITS
F. HIRED AUTO — LIMITED WORLDWIDE
COVERAGE — INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE—GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION It — LIABMM' COV-
ERAGE:
Any organization you newly acquire or forth dur-
ing the policy period over which you maintain
50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.
B. BLANKET ADDITIONAL INSURED
H. HIRED AUTO PHYSICAL DAMAGE — LOSS
OF USE — INCREASED LIMIT
1. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES—INCREASED LIMIT
J. PERSONAL EFFECTS
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT
OR LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
executed by you before the "bodily injury" or
"property damage" occurs and that is In effect
during the policy period, to be named as an addi-
tional insured is an 'Insured" for Liability Cover-
age, but only for damages to which this insurance
applies and only to the extent that person or or-
ganization qualities as an "insured" under the
Who Is An Insured provision contained in Section
11.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A1.,
Who Is An Insured, of SECTION 0 — LI-
ABILITY COVERAGE:
The following is added to Paragraph c. In A.i., An "emINoye" of yours is an "insured" while
Who Is An Insured, of SECTION 11— LIABILITY operating an "auto" hired or rented under a
COVERAGE: contract or agreement in that "employee's"
name, with your permission, while performing
Any person or organization who is required under duties related to the conduct of your busi-
a written contract or agreement between you and nese
that person or organization, that is signed and
CA TS 53 03 10 02010 The Tr Iers rndamNty Company. Page 1 of 4
Includes copy60ted material of Irreuran¢e Serulcm 00be, Inc, vAth its pwn*Wcn.
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COMMERCIAL AUTO
2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV — BUSI-
NESS AUTO CONDITIONS:
b_ For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
ered "autos" you own:
(1) Any covered 'auto° you lease, hire,
rent or borrow, and
(2) Any covered "auto' hired or rented by
your 'employee" under a contract in
that individual "employee's" name,
with your permission, while perform-
ing duties related to the conduct of
your business.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II — LIABILITY COV-
ERAGE
Any "employee" of yours is an Insured" while us-
ing a covered 'auto" you don't own, hire or borrow
in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
1. The following replaces Paragraph Al -a.(2),
of SECTION t — LIABILITY COVERAGE:
(2) Up to $3,000 for cost of beg bonds (in-
cluding borMs for related traffic law viola-
tions) required because of an "accident"
we cover. We do not have to furnish
these bonds.
2. The following replaces Paragraph A.2.a.(4),
of SECTION t — LIABILITY COVERAGE:
(4) All reasonable expenses incurred by the
"Insured" at our request, including actual
loss of earnings up to $500 a day be-
cause of time off from work.
F. HIRED AUTO — LIMITED WORLDWIDE COW
ERAGE — INDEMNITY BASIS
The following replaces Subparagraph (5) in Para-
graph B.T., Policy Period, Coverage Territory,
of SECTION IV — BUSINESS AUTO CONDI-
TIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, em-
bargo, or similar regulation imposed by the
United States of America applies to and pro-
hibits the transaction of business with or
within such country or jurisdiction, for Liability
Coverage for any covered 'auto" that you
lease, hire, rent or borrow without a driver for
a period of 30 days or less and that is not an
'auto' you lease, hire, rent or borrow from
any of your 'employees", partners (d you are
a partnership), members (if you are a limited
liability company) or members of their house-
holds.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the "in-
sured" against, and investigate or set-
tle any such claim or 'suit" and keep
us advised of all proceedings and ac-
tions.
(ii) Neither you nor any other involved
"insured" wig make any settlement
without our consent
(T) We may, at our discretion, participate
In defending the insured" against, or
In the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured' legally must
pay as damages because of 'bodily
injury" or "property damage" to which
this insurance applies, that the "in-
sured" pays with our consent, but
only up to the limit described in Para-
graph C., Limit Of Insurance, of SEC-
TION 11— LIABILITY COVERAGE.
(v) We will reimburse the 'insured" for
the reasonable expenses incurred
with our consent for your investiga-
tion of such claims and your defense
of the "insured" against any such
"suit", but only up to and included
within the limit described in Para-
graph C., Limit Of Insurance. of
SECTION It — LIABILITY COVER-
AGE, and not in addition to such limit.
Our duty to make such payments
ends when we have used up the ap-
plicable limb of insurance in pay-
ments for damages, settlements or
defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
Page 2 of 4 02010 The Tr lm Indemnily Compwy. CA T3 53 0310
Indudw mgrighted nmtmid of Immrxe Sendcm Office, Inc, with hs permlralm.
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to the 'insured" whether primary, excess
contingent or on any other basis.
(c) This insurance is not a substitute for re-
quired or compu" insurance in any
country outside the United States, its ter-
ritories and possessions, Puerto Rico and
Canada.
You agree to maintain all required or
compulsory insurance in any such coun-
try up to the minimum limits required by
local taw. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been Gable
had you compiled with the compulsory in-
surance requirements.
(d) It Is understood that we are not an admit-
ted Or auUrorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and Can-
ada. We assume no responsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D., Deducti-
ble, of SECTION 111 — PHYSICAL DAMAGE
COVERAGE:
No deductible for a covered "auto" wig apply to
glass damage ti the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of Para-
graph A.4.13., Lose Of Use Expenses, of SEC-
TION III — PHYSICAL DAMAGE COVERAGE:
However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "aocidenr.
L PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
The following replaces the first sentence in Pare -
graph A -4-a., Transportation Expenses, of
SECTION III — PHYSICAL DAMAGE COVER-
AGE:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in -
cuffed by you bemuse of the total theft of a cov-
ered 'auto" of the private passenger type.
COMMERCIAL AUTO
J. PERSONAL EFFECTS
The following is added to Paragraph A.4., Cover-
age Extensions, of SECTION III — PHYSICAL
DAMAGE COVERAGE:
Personal Effects
We will pay up to $400 for "loss' to wearing ap-
parel and other personal effects which are:
(1) Owned by an 'insured"; and
(2) In or on your covered "auto".
This coverage applies only in the event of a total
theft of your covered "auto".
No deductibles apply to this Personal Effects
coverage.
K. AIRBAGS
The following is added to Paragraph B.3.. Exclu-
slons, of SECTION III — PHYSICAL DAMAGE
COVERAGE:
Exclusion 3.& does not apply to "loss" to one or
more alrbags in a covered "auto" you own that in-
flate due to a cause other than a cause of 'loss"
set forth in Paragraphs A.1.b. and A t.c., but
only:
a. If that "auto" is a covered "auto" for Compre-
hensive Coverage under this policy;
b. The airbags are riot covered under any war-
ranty; and
c. The airbags were not Intentionally inflated.
We will pay up to a maximum of $1,000 for any
one "loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV— BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized representa-
tive prompt notice of the'acctdenr or "loss" ap-
plies only when the "accident" or 'loss" is known
to:
(a) You (if you are an individual);
(b) A partner (d you are a partnership);
(c) A member (if you are a limited liability corn -
Perry);
(d) An executive officer, director or insurance
manager (if you are a corporation or other or.
ganization); or
(e) Any "employee" authorized by you to give no.
tice of the "accident' or "loss".
CA T3 53 0310 02010 The Travelers Indemalty company. Page 3 of 4
Indudes copyrighted material of Inauranw Services OlOee. Inc. with its permission.
COMMERCIAL AUTO
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.S., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — BUSINESS AUTO CONDI"
TIONS:
S. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the ex-
tent required of you by a written contract
signed and executed prior to any "accident"
or "loss", provided that the "acodenr or "loss"
arises out of operations contemplated by
such contract The waiver applies only to the
person or organization designated in such
contract
N. UNINTENTIONAL ERRORS OR ONUSSIONS
The following is added to Paragraph B3., Con-
cealment, Wsrepresentation, Or Fraud, of
SECTION IV — BUSINESS AUTO CONDITIONS:
The unintentional omission of, or unintentional
error in, any Infonnadon given by you shall not
prejudice your rights under this insurance. How-
ever this provision does riot affect our right to col-
lect additional premium or exercise our right of
cancellation or non -renewal.
Page 4 of 4 ® 2010 The Trarelms IndemnOy company, CA T3 53 0310
Includes copyrighted material of Insurance SeMces Of ce, Inc. with hs perrNsalon.
0
POLICY NUMBER: 6306929N819TIL15
WAIVER OF TRANSFER OF RIGHTS
AGAINST OTHERS TO
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
OF RECOVERY
US
Name Of Person Or Organisation:
Any person or organization for which the named insured has agreed by written contract executed prior to loss
The following Is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against'
the person or organization shown in the Schedule
above because of payments we make for hjury or
damage arising out of your ongoing operations or °your
work' done under a contract with that person or
organization and Included In the "products -completed
operations hazard.° This waiver applies only to the
person or organization shown In the Schedule above.
CO 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008
Page 1 of 1
TRAVELERS WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC N 03 70 (00) — cof
POLICYNUMBER: ( UB5946N799TIL15 )
WAIVER OF OUR RICHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named In the Schedule.
You must malmaln payroll records accurately segregating the remuneration of your employees while engaged In
the work described In the Schedule.
The additional prendum for this endorsement shall be a ,
mium otherwise due on such remuneration.
Schedule
Person or Organhratlon
ANY PERSON OR ORGANIZATION FOR
WHICH THE NAMED INSURED HAS
AGREED BY WRITTEN CONTRACT
EXECUTED PRIOR TO LOSS TO
FURNISH THIS WAILER
DATEOFISSUE:06-01-15 STASSiGN;
% of the California workers' Compensation pre -
Job Description