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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 I"M;j ZT610.1 *�? 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} -MAIL _IKSURETn AFFORDING COVERAGE NAICd INSURERAfirayelers Pr rt Casualty Co of 25674 �e._x V ' IN T siJ ERsThe ravelara Ind Co of CT 25682 INSUAERC: _ INSURER D: San DimasCA 91773 Y'r311GD arcs nISURER. P; . ...�-a.. .. --. .-. ...., ..v, wrr nG�lal.IWn1YViYlOCR 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 Lm TYPE OF INSURANCEPOLICY. MaER CYEFF POLICY ErP UMRB X I CO1%IERCUU. GENERAL LIABILITY A juJ ClAIMS#iAOE �.00OUR :EACH OCGURRENGE 5 :L' 000, 000 PPEMISESTEe eaanauce S 100, 000 X { Blanket Addl Insured I X Y 630692914819T=15 DP(Any one 5,000 WmePI S .�_.....�.. --I --MED 611/2015 6/1/2016 PERSONAL 6 ADV INJURY 5 1,000,000 '–� – - GENL AGGREGATE LIMIT APPLIES PER: X POLICYPRO- I G:_NERAI AGGREGATE $ 2.,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 JECi i_ LOC I OTHER: EInPbY+'�6een°Mm $ 2, 000, 000 AUTOMOBILE LIABILITY N L S X Ee 1,000,000 BODILY INJURY (Pn gelatin). 5.—.. B ANY AUTO i + ALL OWNED AUTOS A OS X 8106929S619TIL15 6/1/2015 6/1/2016 ODDLY INJURY(Poaaiden0 S HIRED AUTOS AUTOS NEO n �GE'...I PerncrJd E.. Unmseed mdodst cnnbmrA 5 1,0..00,000 X UMBREEXCESS LIMO OCCUR EACH OCCU, CE E 4 000 000 A EXCESS LUIS 'CLAIMS MADE AGGREGATE $ 4 000 000 DED X RETENTIONS 0. COP692911619TILLS 6/1/2015 6/1/2016 S N$AnON WORKERS COMPEAND EMPLOl ERS'LW91LnY YIM - ®_ _ ,.••,. _. __ STATUTE ,'� ....__.– AM'PROPWErORMARmEPJEXECUTIVE MBEI �N/Ai OFFICERaJFin ._.. EL EACH ACCIDENT $ 2 000 000 A (MmrtlabtyNH)EXCLUDED'. M NNI 6yea 0MIMuncle[ Y �OP5996NT99TITr1S 6/1j2p19 611/2039 I E4013EASE •EAEMPLOYE E 1 .900 000 EL. OISEASE- POLICYLIMIT 5. 1.000.000 DESCRIPRON OF gIERATiONS.tielaa I j , 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. /.f.' � r .. // .. _ Y �. - r. .. '� .- �. .�. .r ... ... ... .. .. •�.e ,_. ' _ W'.... . .. _ .. ' .. �.. �.. ., c .: ' � � .. 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. <- <, - .. �. _ . .� s:- ._ ;��.. ., ..; _.: ;: ,. ,. _. �.> _ .- �- - .. �. _ . .� s:- ._ ;��.. ., ..; _.: ;: ,. ,. _. �.> _ .- �- 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