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Contracts & Agreements_19-2011_CCv0001.pdf
Af;REEMENT FOR PUBLIC:IMPR(WENIENT17:PROJECT T:Il•biS...agreement ...for w,cit .and panin rehabilitation s.erdices ...for the Chum .Stout AV:nit. (ll.Agreementllt. is made and entered into aS.:ollthis i...,t.: .d4y.:61:.N.14ti,:'.h.,201 (.1..."IllilidetlYe••Ditteli,lby-iind: belvveen...the: its oti.Redlauds:,..a municlpnt.eetporatiort.(.."(lityll),.,and iBes...t.1)rittini,tiiiid....Vanig Inc. (`Tdlenittithor7), :.dlityland...CiiiinticiOn•aie,.....s..bitietimes•.irl.niv.:..idually-referredlla.herein as....a.:llfard,cl:and,, together, asilhe."'Partieshll in enitidellatint.t. cit the mutual• promises contained 'herein, City and .i'Clbitilitetor.:agree•as•• follows:: .,l\Klill(7,1„...El..1.s.....ENG:ik.GEN4ENTIl.OF..CON.7FRACIT.OR. l.:I illit:y lierdb .'... :r.'etalits• .(11.601111100,... to... ...supt.).13,•,.. equipment and perform iNVell. and .pittil,p- tplidnilitation services ilfor itt's Clitt...r.ell.: sittitet :Weil :(t4ti:.. .1.1$1o(ylee1");....loodted at 1.:90.0 Church Street in the Cityof Redlands (the "Project Site"), 12 ...Contractor ..and-its.....sobootilracto.r.s ..shall..1:)0,,,sessr:.. all .appropriate State contractors' licenses '...required.11o.i..11.thO:$11e11.ViOe.. ..to he and .....shall• not.bo..debarred pursuant to ::1,,zibor..:Code sect ions 1777lll and l7 '. ••••••••••••••••••••••••••••••••••••••• ••••••••••••••••• •••••• •,.....,,,....••••••••••••••••.:..••••: •,•••••••. ........: •-• ......• ••••• ••• •• .••- •- ARTIC11,•E121-.RESP()NSIBIIXf•JJ111S10F1CON1T1RA.C1FOR.•• 2.1 The..:4ieci111O...11SerkiOes :kV highCintiraetlir shall perform• :are :more:partientaily.::.desetined in l.ix:hibit"A.;'.....V,,1:1JC:h..i., ..4ttachod hereto and ineerpnratedlhereilli:blv:Ihis,.((itetefl&e. 2-...2.: :Colitedet6e: shall i: .:...61iii...ilY.... ith.....i.i11:. applicable federal, state :•and:focal•laws:a....................... in the performance of the Services .11.io1010g,....bot not limited, to all applicable t....,..dbOr.1...(11Ode.abd... prevailing .wage: :lasts: ..and •non-diseriminatinn. llaws,: including the :A:nlenlenps. '...,.v...itn: .:.Di$:liLllilitic.S..:Act. Pursuant to 1.,,lannf:Clnde:::.§Cetion.lt.77.32,...conie.8...of:the::.prevailing rates::o17. per oitcpt.. stages as determined by..;be:. Director of the California :ijoptittiti:eitit of Industrial Reliiitionsitiliteeitcift..e'aft,..iclassitleationi or type,:oilworker..needed to.undet.take.thol..Ppploct.arp ...'un.•:15lc.....all..I'llityls.::.:Municipal .1:11tilities. 40tt. .Etigitie011.10g.:. Department,...loOated...at•:the .:(1411O... Centep, .35 Cajon Street. $.....iiite.11:5•A•.1.(1114alling:1.e1.0.....1.10x..13...Q05.1)...„..Red104$,..(11.1411111).•.(nia.923.71. 2..i..3 ..(2000......1.(0)1'...'.(1C.i..k.00W1::. dOS:...t114. lilt..v::iiilliteS:the :LatiOt.ClUde.provisions::rClating to pm i:,vtiges::thatl City may ..entlorce.such.:provisions.:by':odithhotdhtg::paymerlt$ to cotittiiiii.tor or its .:.:WhentlitputOpsipttrsuldntitdL.dboriCodn:seCtinti.17:71,6, 2.4 If.:Cotitidetilih.:executes.an:agreement:.with• a subcontractor to cierforni:any::portion-pfllthcH Sen us, ...clotlido:CInt•...shall :connoty .withLannt•COdo. sections I and 1777:71:,. arid: '.shall: proCide.:the:sancontracton witb...enpips:of.the pi oils .oll t....,:abOr cllude sect it 177 I.., I 1:7:76i:....1777„5,. 1$,.....1:3:::dfid.... "81:5:: Contractor::acktiosviledges.that: lhdystatuipty: previsions: eStablislititigpepajtii*. tioiii.:fill lure :.td:eotnply::•.p,litlt .stliite.. .N..,,,a0 :andt.h6tit...: ti.IW...S and to ••pay prevallinp:..‘yagcs.:inay:be.enillnrccd by City :pittstiunt.to.t...i.itiiiiiitiCtod0 sections..itir775...amid ii...81.3..i. t4,........i.yntijn.gnpio...purnp.:..agro':TIT:a.2.....7.,1).,0<ic:. 1 2.5 Citntractor and its subcontractors shall cornply with the provisions of habrir Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. 2,6 Contritctor acknovyiledges that eight (8) hours constitutes a legal day's v ork pursuant to ttibtat ode section I 810. 2.7 Clontractol- shall comply with the provisions of Itabtar ('ocie section 1777.5 as to apprenticeships, and Italior Code sections I 771, 1775, 1776. 1777,5. I 813 and 1815, 2.8 Cjintractor shall obtain, execute and deliver to City a lilerforintinee Bond and it Labor and Nlaterials l'ayrnent Bond, in the fdrittis attached hereto as luxhibits -(77 and -17),7* 2,9 Prior to commencement of any Services, Contractor shall provide ('its with the subcontractor information required h Public Contract Code section 4104, 2.1(1 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to ('its all rights, title and interest in and to all causes cif action it may have under section 4 of the Clayton Act (15 U.S,C". section 15) or under the Cartwright /ket (Clittpter 2 (commencing with section 16700) of Part 2 of l)ivision 7 of the Business and Professions Clodeit arising from purchases of goods, services or materials pursuant to this Agreement. 2.11 Contractor shall guarantee the Services against the use of defective materials or yYtirkiinansitip for a period of (1) one year from the date specified in City's Notice of Completion issued or the Services. City will endeavor to locate any errors tir defective materials or workmanship and call them to the attention of Contractor as the services are being performed. flovtever. City is under no obligation to do so, and shall not be liable because errors or defective material or workintinsliip by Contractor are not discovered by City. Any work that is rejected by City. shall be remedied, or removed and replaced,. by Contractor at Contractor's sole expense, witli such work conforillilltl to 13Xhibil of this Agreetnern. Any defective material or viuirkirranship which may be discovered before final acceptance, or within (1) one year from the date specified in the Notice of Completion, shall be corrected immediately by Contractor at its sole expense, ntityvithstatiding that such defect:lye material or itYorkirtansliip rimy have been overlooked hs City in prior inspections. City's failirre to inspect the Services at any stage of pertitrniattee cif the Services shall not relieve Contractor from its obligation to perform sound and reliable work as herein described. ftfitririg the I) one year warrant); period, should Contractor fail to remedy detective material andlor workmanship. or to make replacements within five (5) days after written nonce by Cityt Catt may make such repairs and replacements and the actual cost of the required labor and irliderials shall he chargeable to and payable by Contractor. Nothing in this section shall be construed to hmit the right of City to Mudetliately correct conditions winch may be tinsafe or which may pose a threat to public health or safety. Should such conditions later he titund to lie caused by detect se material andutir worknittriship„ Dtdihg anA1 Finn') 7.11 Contractor shall reimburse City for the costs City incurs in connection ss ith such corrective work. In the event any action is commenced by City to enforce ittiy obligation of Contractor pursuant to this section U. City shall be entiticitt to recover I"roin fA'cintractor, in addition to artv, costs and other reliel.asVarded by a court, reasonable attorneystees incurred by City. including fees for use of in-house counsel by City. The warranty pros ided for herein shall not be in lieu of, but shall he in addition to, any vsiarranties or other obligations Anfiersvise in-incised by law, ''fEe remedies pro\ided herein shall not be exclusive, and City shall be entitled to any and all remedies provided by lass ARTIC1AE 3 - 01' SERVICE 3.1 Contractor shall continence the Services upon City*s delivery to ("ontraettir or a writtcli -Notice to Proceed," 3.2 Contracts shall complete the Services within ninety ()0) calendar days faint and alter the date of the City's issuance to Contractor of the Notice to Proceed. AIZTICLAE 4 - 1).ANi'Mh:N'll' AND NOTICE 4.1 City shall pay Contractor the sum of Eighty Five Thousand Light I lunAlred "Iweitty Dollars (S85,820.00) as compensation for the Services. 4.2 Paytilents by City to Contractor shall be made within thirty (30) days after City's receipt arid ',Approval of Contractor's invoice, by warrant payable to f'ornractior. 4.3 All notices shall be made in writing and shall be given by personal deliver:\ or bA„. mail Notices sent h mail shall be addressed as ftillows: City: ( ontractor. Chris Diggs ()can (dire Li, Pump 1)ivision Nilanager and bngincering 1)epartrnent Best Drilling and Pump Inc, City or Redlands Post ()Rice Hoy 389 P.C), Boys 3005 lilotmlingtion. CAA 923 16 Redlands, CA 92373 \\ hen so addressed, such notices shall be deemed given upon deposit in the t ii ted States mail: in all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may he made in the names and addresses of the person to a horn notices are to be given by giving notice pursuant to this section 4.3, 4,4 Pursuant to Public Contract (.2ode section 223()0, Contracb if has the option to deposit toid S 1)rdimp art.11,' w...igi.ecollt 2 7Os securities with an Escrow Agent as a substitute for any monies w ithheld h (ifs to ensure Contractor's pertiirmance pursuant to Public Contract Code section 22300, 4.5 Pursuant to Go\eminent Code section 4215, City asstmies the respimsibilibf br the timely retraixal, relocation or protection of existing main or trimikline anility facilities located on the Project Site, if such utilities are not identified by City in Exhibit PA- of this Agreement. City shall compensate Contractor fOr the costs of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in Exhibit -A" with reasonable accuracy and fin- equipment used for the Services necessarily idled duritif.„, such work. Contractor shall not he assessed liquidated darnages for delay in completion of the Services, when such delay was caused by the failure of City or the owner of the utility to proxide for removal or reification of such utility facilities. However, City is not required to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Project Sites can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the Project Sites. AR1'ICEL S - INSURANCE AND IN )LIVINIIICATION 5.1 Contractor's Insurance to be Primary. All insurance required by this Agreement shall be maintained by Contractor throughout Contractor's performance of the Services, and shall be brill-fury with respect to City and non-contributing to any insurance or selfditsurance maintained by City. 5.2 VVorkersCompensation and Employer's Liability. Contractor shall secure and niaintain Workers' Compensation and Employer's Liability insurance for its employees throughout the performance of the Services pursuant to Iabor Code sections 3700 and 1860, in an amount which meets statutory requirements, with an insurance carrier acceptable to City. The insurance policy shall include a provision prohibiting the policy's modification of coverage limits or cancellation except upon thirty (30) days prior written notice to City. Ciontractor shall execute and deliver to City a likrorket-'s Cfminensation Insurance Certification in the form attached hereto as Exhibit "13" prior to commencernent of the Services. 5.3 fluid flarmless and Indemnification. Contractor shall indeninify. hold harmless and defend City and its elected officials, employees and agents from and against an) and allc aims. losses and liability, including attorneys' tees, arising from injury or death to persons or damage to property occasioned by any negligent or intentionally wmngful act or omission of Contractor. and its officers, employees and agents, in performing the Services. 5.4 i\ssjgrnent. Contractor is expressly prohibited from assigning any of the work associated with the Ser‘ices without the prior written consent of City. In the event of agreement by the Parties to assign a portion of the Services, Ciontractor shall add the assignee as an additional insured uf its insurance policies and provide City with the insurance entiorsements prior to any work being perfOrmed by the assignee. Assignment does not include printing or other cusumnary reimbursable expenses that may he provided for in this Agreement. La Lip1,AgTe&Pncnts ito,t tiiirtg and Pump.1„.9 comfit 2 ;" 1 kIN, i.:5'..:.5.. rpinpreltensive.....(leneral.1....,labiity •.lnsurance, Contr•actor:::,shail procure and maintain iti 1lOrce• throughout. its per•l'ormane.e.:all•the...Services.•••comprehensive::.i.zener al •liability insurance,:•.with.• ctarrters tteeepttthte to..(:,:it ,, with 'rtithinit....art•.eht,:terttge:0f One \1 L)httartt:(ST,ft0000):..heit: occurrence and .1'....W.0:Milli6rt.:Dollars.(••:•52:.,1)00.,000)::.aggregatHe-(Or:pottit th-thitity4 property dahige..:and.flort,thorit i':ttititt.,:,...t.:.........C.ity:.,§hitti...he.:•named:•::as•an.additional i...nsured.and the i.nsur•ance. phtie:y..:5Ittift include•a,.provisitth perthihthrtg. .•mhchri..ictittirth of(over ttge. limits ..t:tit chhcettatiorr: of•the .policy.•••except upon :thirty :(l3.9)•.•.days: prior wr.ltten••notice ..:1',a :City. ....A... ..:eimj..1.10.4te. of ipsurance'... .000. etid<yr$0.ments. shall he delis ted to• {.7:it;,....:, ..0r...i0...t:'.. to::.('...oillrii. .i..ie01.101,:if: of.:the: S...ervices.,.... 5•:„.6 .lih...Sinell ...:„AtitO.:•.......t.,...iabilltV......1tiSnearee,.. lContractor: :Shall •:procure.' and iiitairitalli in .1.7(irle.e... throughout its performance of the .•Services business automobile liability •cos erit•ge; ..8,01li,.: minimum limits oflOne.l.N101iOtlDdllarl,i....11'S:1:•,000,000..l.11Pell.00',.,',urreilc:;e...„,..combined single limit for.•.i:hodily: injury .,.liability ..a04 property damage lliability. Tthis:..eoy•erage•..shall include: all Contraethr ..(twrted Vehictes::used ...J.:Pr:the :Services, hired and non••-o8x....ned vehicles, .,and employee non-rt .'ittersi.h•••ip 'vehicles.: :city .:shall he named :htt::•:itri.additional insured and the insurance• policy :•shall include .a: provision prohibiting TioditTication. .of coyerage:..!hitits:or cancellation of the ph.liey .e.:*:...•.ee.pf: upon thirty (3(J) days. •pribi.r....).vritten.,notice •to-(ity,. •„.A..... certificate of insurance •and endorsements shall be deli ered to••:City...•pitthitTo..ehrrhheheehieht: .„. of the Ser.Nliees:. 5..7... Liquidated Damages. The ..failure rtt.....c:otttrttetor to complete •.the •SIetttiee::..•Wititth: the :1thte. specitTed.bythis.:A.greerrient•wilt:resaltlin•darnages being sustained by City SuCh:damages...arc,, .and.l•Nti11:00fitir(LI. .....to:.-:),:e, ithpraetteableand extremely ,dttliehtti to'..deterhtthe......T7ohtettethr'.,shall pay...to-Clty;••or have:::•withleld.'flroitt:monies due ..h;..::the;•.i.:stAtrt•UT:IFIve•:.ttlittittrect:Ohlittrs"($5: )9):thr etteh•••ertri§eettN'e••:etttehdatt...:day itr:..extestt.•(•,)Illthe.specified time fOr..eonipletion 'iolf:the::Services,: ElNecutipti:Of .'this ..Agreement ••shall:•Conl;titlite. ..agrecment by:.:(7tty. ::hod CI:ontrtietor tttat. ..I'll.:V..e... I lundred .Dollars...H($5ll0): per day is the estimated damage to..(ill it,y:••caused by the :failure..of ...Contractor to complete thelSe...r.lieelS ,..l..1.ithirt the:.specified time„ Such•suni..representsilliquidated• damages and shall not ::he construed ....:a.s...a..penalty:4i antl ..t.n..ay. he rtet:theted froth. pay therhs due• •:ChtitttarttttriT:ttu&h.dethy occurs. ..AK.17.1CL.,•:E6:•:tCiEi'.Nfi.,.R.A.L.:••Ct()NS1121!•:.R:tNi7.1.t(1tNS•• 6‘.1 In the event::••:•:ah ,!... action is commenced ..t....(..i.....041'.0N ......0t:ifit(.rot:0;,::.44.y.i.:61'!.:...1.1 . terms:.0t.:OhditiotS 0::1'•fhtst.A.t4reernettt.the..prevairtrtg:Party::shall„. in ..addition..to....any...costs.:atid.:(...:ydlier....relief,. ..be.: c ititled fh••ret,tr: t':•:et• its rehs,ortitth:le :itatttrtie :S'.• •:fee.§,.. including Ices.:: Na the.•use err in-house •:•cohnset by:a:Party, 0•..,2.: .:Ati• documents,..records,„:::dtavi,htigs, ••electronic:•dhrt,.t.'..:11tes•:•and.data.:•••biase.,...•photographic.•prints.• •:andltegall)/.:•es,....de.....s....igns•:•••and.specificationis,„.cost•.estitnates:;.and other documents dott,toloped.by •:( httrittict:tor-tbrthe:Settti.feett.:::shail•:become theproperty of(lity•••andlShall•:he:•ddiveredlto City •:uport...:cornpletiort011 the.$ervice....s.„:: '..:63.:: ....t.2hrittretttit 1. .::...0,.....'ie.::',ill:Odi.7.:..06..§&§..under this :..A...ireerii.&:11tt:an: independent contractor kvith.....respect. k.greelinvirl.i..s,,Oest.1.)n!..rrg:ar:',..cf.pLuip....agr.e....7[71.1t.....2.:.,.7....1:1..,:kic 5: to tie performance of the SerVices.and:.notan.employee.of".City,„All personnel employed:by (.,::ot-1.tracror'..toperferor the.Sea-.....,:ices:....are-tTor....its.....aecoaOt.only,.,andin"no-event..Shall:.CoittaetOr: pr.. an ipersionne[ retained lay:.:jti.he deemed 'to have been chployedi by:City: or:iiongagehiby City..176.r.::the account:61:,...:Or on beiiiiihlifi41;iiCalyii "Nothing in this:.i.kgreethetit"Shall.,h...e.,eonsidered to.:cfeatethefelationsfhip.of employer:a.11'....0..emptoyee hoiiiiiiiivieeta the Parties,.. OA 1...:ItileSS •earl iet- terminated "ffS ..,ir.O'..filfied.': lot f"bettiffV," this ..A*reeiiert:::Shall .ter'rii.i4ate.......uponr completion .and:acceptance of the$er..vibes.....by....city,:: 6f5:. (iiii.iiiy iiiiaii)iiii:•itetiliiltliatiiiiii tfti.S...::Agt&o.):)oo:t...fot::.oy:..tosoti:,:,:.:o;::.an y lime at its sole discretion, ..irpon. lice calendar day'..s prior .vvritten":notice:to.Contracton" 6,,6 1„,fp00."receipt of..a termination hotieef.f.7,00tffietot. .,:ii;hall i itiiii.)• f. i:ikatiiihtty'idiiiiieiiiiiliitiiiiiiie.....a.11."WOrk" associated:ss ith i,',fie."."-Serviees,and."(2f...deliver.onotherwise..make:availabfeyto City -copies,of: any, data, :tresiall. calculations, :rira)Niigs, ..Speeifieatiers„:reports,. i&iiii4thiiiizitteiiii7ii.i.4ttihfiaatleiS,..:andi such"...other" infb.rnation .:a...hd.f'nfiftetia.ls :ias ii inlay.: itioviei been .,aiti::iiiiiihmolihte0. by Ciiiihiattlethr in tae.i..tiaiiiittiliilz the.Se.t..\,,,,lee,s,. iContractor shall he compensated on a prorata basis for:anyt:wotk" cntnpleted.."npfnntn notlee.oftertrittlatiO):: 0.:7 'This ,Agreement, including the ebf.,..,ltibitS: incorporated by reference, represents: the entire agreemenr::and:understandalg.:...bet\8,::ettl: the Parties as to the matters:contained herein and any prior negotiations, proposals ...and .iagreements... relating::.to, the subject matter hereof...are" superseded b this Agreement. Any .:amendment to.:this ,N...gree...n...fent.Shallbe in.:' (iliig..:,atid. approved by.Cityfadd.Contractor„. 0.,,8.: • [his .Agreement shall"..bb,,Lf:O.;.'vertieff."by.404 construedi . in 4ieot.daheiiii'whiiiiiiithe;::14wiii, iiiiiithei..iStatei. of California. 6.2. ...Claims by Contractor in the i.amountiof iiThrio: .F.tott4tod,' Ses ent -I' se ii:::iIottsatio: Li)01:taiS'.:.. f,......S.,375000",.):: or less shall he: made by "C.ontracto.n and processed by :City-"pursuant to the hroviliiiiihhis of' Part :3, ichttiatoii. iii.,...Atitiele 1.5•0171.th.€i Public Contract iCOde. (.,..... .04:1t11006fig:...with section .2(1104),. ...,.ix.11- c...4ityls. :.s.,;:ho.11: he...In"..writing, .and: include the documents necessary to. substantiate the:el.affn," 6,..10. 11 any .prOsil.....ision:or..ofthis j.1';,,,:greentent is he id ,be void,or unenforceable uncles"any.lav.or renttlatfbn;....if.$11r111.rbe..dot.t.e..0.stricken, and ..a•11...retrmining:.previSiorts:shall continue to be..1f.tifid. andibill0lhgiiipplit cilty::and Liihhtracthri. ...Ls:etsapirAgre,:rsems,,,,.eca t.)a." LII r,..Alat:rsgr.000.11,4:27,-ttasti. ri IN WITNESS WHEREOF, duly authorized representatives or the Parties have signed in confirmation of this Agreement. CITY Or REDLANDS AfIEST: BY j ki .._ .....,...-- „ . . -... .. . or .: __ V -P- - A'''--- Pete /Vioilar,IFI layor Sam Irwin, City (lei. - - BEST DRILLING AND PUMP INC. ti ii By iCI d:WI I/I — - Date Z/25/1/ Dean Garcia, Pump Division Manager -7 t,ca,trinvyaveements\Best Drilling and Pump.agreemni 2.7 1 I doc i EXHIBIT "A" Scope of Services Church Street 11/4:k ell and Pi nip Replacerne-nt Project: * 1Z,ern.co,c turbine purnp equipment and pros ide inspection report, • 'Video in well. ProVidc 2 1)\ copies to F'its or Redlands. it Light Brush to 400with NYI,ON BR I;SII ttitil, bail bottonr, Well construction \\ire-Wrap, carbon steel material, 24 !tours on site. • Vide() log well post work over, Pri-)v idc 2 I)\ copies to City of Redland . • Furnish arid install 40' (.4‘ 12"x3-1/2"x2-J/16" coluni n, tube and shaft. * Furnish and install 00' of continuous 1 4" stainless steel airline with niiteitintmg bracket and direct-read gauge, airline to be banded every 2010 ituttluinn pipe. • Supply new pump bo)‘,1 assenibly 2000 ()I'M o 00' 1'1)11 ((ioulds, it`liuiser‘e or pre-appi-otied equal). * Supply 260' of nevi 3-1/2"x2-3/16" tube and shaft assembly, * Supply 260' of new. 12" standard ssall (.330) column pipe. • Supply and install new SF s1 4001IP motor, \VPI. Premium Efficiency. 1800 liZPY1. 460s '31-)11/61)e, Type RI. S I. Frame I-1447TPA, Catalog # 1-1()400V251,11, • Re-install turbine pump equipment and chlorinate wiell 20111 it Contractor will comply with the City of Redlands prevailing wage policies and certificate of iristtranee requirenitents. 'rotal bid ss ill include mob, de-mob, freight. special delivery/freight. bonds and all sales taxi EXHIBIT "B" wi)IkKERSC()mPENsATION 'INSURANCE (TRTIFICATION i)roject: Church Street \\fell and iluinp Rehabilitation Project i 1900 Church Shrect.i. located in the City of Redlands hvery employer except the State, shall secure the payment of cornpenstition in one or more of the follo\ving ways: (a1 E3 bernit nsured against iiability 10 pay comriensatiort in one oliiore Mstirer duly authorized to iwrite compensation insurance in this State. (b) B securing from the I)ireetifir of Industrial Relations, a certificate of consent to self- insure, either as an individual employer or as one employer in a group of employers, ‘shich may he given upon furnishing proof satisliaettir)i to the 1)ireettir of Industrial Relations of ability to self-insure and to pay any cortmensation that ruay. become due to his or her ctilpioyeesi I am a‘vare of the provisions of Section 370() of the Ifabor ('ode which requires every employer to he insured against liability for \Vorkers' Ctuitipensfitifin or to undertake self-insurance in accordance with the provisions of that Code, and Iwill comply with such provisittris before goinitiriencing the performance of the ‘vitirlii of this Agreement. (Labor Code §I 86 I 1. i)R11,1,INCI AND PUMP INC. l)ate: ZZ I3y: I)ean (iarcia. Pump ff)ivision Manager Contractor's ificense No. Bond No. 1967301 Premium included with EXHIBIT Labor and Material bond "C" PAYMENT BOND WHEREAS, the City of Redlands (hereinafter designated as "City"), and Best Drilling and Pump Inc. (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated March j , 2011, and identified as("Project")is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, prior to performance of the Project, to furnish a bond for the faithful performance of said agreement. NOW,THEREFORE„said Principal and the undersigned as corporate surety,are held and firmly bound unto City in the penal sum of Eighty Five Thousand Eight Hundred Twenty dollars($S5,820.00) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs,executors, administrators, successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF,this instrument has been duly executed by the Principal and surety named, on Febriiary 17 ,201 1 Bond No. 1967301 Best Drifting and Pump, inc. (SEAL) The Hanover Insurance Company (SEAL) (Comrac or) (Alk.rety) BY: CL "- (Signature) (Signature) Denise lJanse Attorney- Address: 440 Lincoln St in Fact) Worcester,NLA 01,053 (Seal and Notarial Acknowledgment of Surety) Telephone(800 ) 343-6044 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL.MEN BY THESE PRESENTS That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint JON H.NE1,s0 +,STELLA 41_C"IIAVE:�_,,TODD P.NEI.SON,DENISE M.'IlANSE of Hanford,CA and each is a true and lawful Attorrtey(s)-in-fact to sign,execute,seal,acknowledge and deliver for and on its behalf, and as its act and deed any place within the United States,or,if the following line`be tilted in,only within the area therein designated any and all bonds,recognizances, undertakings,contracts of indemnity or other writings obligatory in the nature thereof.as follows. Any such obligations in the United States,not to exceed Ten Million and No/100 410,000,000)in any single instance and said;companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect. "RESOLVED That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of ttie Company,in its name and as its acts,to execute and acknowledge for and err its behalf as Surety;any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature!hereof,with power to attach thereto the seal of the Company Any such writings se executed by such Attorneys-in-fact shalt be as binding upon the Company as if they had been duly executed and acknowledged by the reguiarty elected officers of the Company in their own proper persons.-(Adopted October 7, 1931 -The Hanover insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOFTHE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President,this 12th day of July, 2010. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY ,, r ,r,e;, CITt7Ft4S trlStiFANCF r.f]MPAf1Y Cr-AMERICA •"': .. NUT),,J an-e:ynitc,sszan.'sct:Fi : „ 'lr'. • �f -*fir—^-' F�nF*er`t k elrxiii� i A,m,'c1;3ri ,,,r, Pre,,Hr;.a' THE COMMONWEALTH OF MASSACHUSETTS COUNTY OF WORCESTER )ss, On this 12th day of July, 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations 4k -"IiN" plow moo wurx ►.. rVcfary Public i ` 'yy w.t _ _ __ My commission expires on November 3,2011 I, the undersigned Assistant Vice President of The Hanover tnsurance`Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies.and do hereby further certify that the said Powers of Attorney are still in force and effect: This Certificate may be signet by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America: "RESOLVED,That any and all Powers of'Aftrttnoy and Cerise d Copses'of such Powers of Attorney and certification ori respect thereto,granted and executed by the President or any:Vice President ire crxiluncfaon with any Assistant Vice President of the Company,shalt he binding on the Company to the same extent as if eil signatures therein were manually affixed,even though ono or more of any such signatures thereon may be tacsimite`(Adopted October 7, 1981 -The Hanover Insurance Company;Adopted April 14, 1982 Massachusetts Bay Insurance Company:Adopted September 7,2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 17 day of FebruarytJ rriE HANOVER INSIJRANCC CGMPANS M&SSACIIUS-T 1.5 BAY'.NSiJRANCE;COMPANY CITi2CNS INSUIICANCt'COMPANY OF MP it:A r A � atY7{. s,r,.5Srridlr.i•f;^as7rt7re. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT_ ?), State of California a • , n .f, County of , ,,-!,•; On1-111,--rrYkit:4 ini!!g.20.,_..„,tt before me, f„,-S/f1 ' IA' 14'1 'e:44),!"(A.7*( 4110,Vt 2,„_I:Qpreratr8 te,..88 L888,1(8_,, 8 a'Z' C2;attt ere tneert Neale and Title of the Orhoey 888 ff- ,,,, ,•11 _ personally appeared L ' — Nrarnatai trtt Stare-test ,.,>X ' a i r who proved to me on the basis of satisfactory ff evidence to be the persoV) whose names) isfare subscribed to the within instrument and acknowledged to me that beiheittfeY executed the same in a, hFs7,13erithir•Tauthorized capaciVtd•• and that by ,faiiherithapi• signature(s) on the instrument the ,,,,„63iiitsity., STELLA MGM CHAVEE rif person('„ r or the entity upon, behalf of which the „..,,,;•,. • f•,Vittriii,i,,, Co. a •skin•/630662 :li Wrii Notify Public-Catiforifis 1i person •acted executed the instrument, , • "a s NaL., Kings or -1",•kofa fa a r, - la-Comm Expires Mar 26 2013 l I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing g., • paragraph is true and correct, • N" .-.. WITNESS my ta,d and official seal. • ."1 • Signature,;,„„:„,„,„,e',._,- ••• 'fr , •4:.„(,.. Place ramary Seed wake Stamp Aoove Staneter<or. ,tary OPTIONAL . 6, Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of DocumentDocument Date 6C, 6 Number of Pages: c,..... Signer(m)Other Than Named Above: , A io 6 Capecityhes) Claimed by Signer(s) ....,..: , , -e-, _ signers Names. .,-,,f' • Corporate Officer A-Title(s):i fm363 A Corporate Officer--Title(s): 2 2, 3 iei iIndividual i RIGHT THUMBPRINT :,7 Individual RIGHT TIRINIEPRINT, 2, ci OF SIGNER OF SIGNER 1-?, Partner—,if Limited fe,General -imi,si thumb hef e.1 :::Partner—fel Limited 6 General',i4 :I Attorney in Fact , , , I .2 Attorney in Fact , ,• ,,,,, Trute , [ - se . i , :Trustee I ig TI Guardian Or Conservator A 1 '1 12 Guardian or Conservator OthtrX, A I 45 ...:Other 1 2 1. 8 Signer Is Representing: Signer is Representing: 1 I 64,i fir , ,„1:4,X;c:atv.,,',..r87.4::::8. :" '''''t CA 013'N-2402.WNW,Wafi,..:A ml ry.orta ham mom some,mime-free , i e et;2,83e Nateret lectAyey Asseeetten.9350 ree SOTO Ave..P.0 BOW 2402,'(...A I a6W0,, , 2 , Bond No. 1967301 Premium. $965 00 EXHIBIT "D" LABOR AND MATERIAL BOND Whereas,the City of Redlands ("City") and Best Drilling and Pump Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated March 1 2011, and identified as the Well and Pump Rehabilitation Project at the Church Street Well site("Project") is hereby referred to and made a part hereof;and Whereas, under the terms of said agreement, Principal is required before entering upon the performance of the Project, to file a good and sufficient payment bond with City to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code. Now, therefore, the Principal and the undersigned as corporate surety, are held firmly bound unto City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Eighty Five Thousand Eight Hundred Twenty Dollars ($85,820.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on February 17. 2011 (SEAL) (SEAL) Best Drilling anti Pump, lThe Hanover Insurance Company ite. (Contra, • retyi 7 14) 4 vte_eo, BY: & CU ( t II (Signature) (Signanire)Denise M Hanse (Attorney in Fact) Address: 440 Lincoln St. Worcester, MA 01653 (Seal and Notarial Acknowledgment of Surety) Tele h p o ne( 800) 343-6044 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OP ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS, That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint JON H.NELSON,STELLA M.CHAVEZ,TODD P.NEI.,SON,DENISE M.EANsE of Hanford,CA and each is a true and lawful Attorney(s)-iinilact to sign,execute,seal,acknowledge and deliver for,and on its behalf, and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and ail bends,redegnizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Ten Million and No/100($10,000,000)many single instance and said companies hereby ratify and confirm all and Whatsoever said Attorney(s)-in-fact May lawfully de in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: 'RESOLVED, Thai the Pros dent or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Allorneys-in-fact of the Company,in its manna and as its acts,to execute and acknowledge for and on is behalf as Surety any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seat of the Company.Any such writings so executed by such AtIorneysnin-fact shalt be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons'(Adopted October 7,, 1981 -The Hanover Insurance Company;Adopted April 14,1982—Massachusetts Bay insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President,this 12th day of July, 2010, THE HANOVER MISURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY OITICEMS,11)1SURANOF COMPANY OF AMERICA ettiff4'—':'4z.it :in estofoiTto.ri;- Rfl ir rr,iji"ili ( „.,:i7 r, „i i'' ... ;k. Ida Ii . Tii iiL__,,,. '' , ,.,.e- , ,,e,:.:4,4, %fg-ra,.. . vri A.i 47E1 ., i'itiiiirikk' ai' iiry assure 9.(fiderson fides Preside,n: ,./ ,-, / /, , /1-1 ert K CAP AA An A2.4Ar."2"rAAPT VI ne Pinner:re THE COMMONWEALTH OF MASSACHUSETTS I COUNTY OF WORCESTER )ss, On this 12th day of July, 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens insurance Company of America, to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. 1 1'7s,, ROSAPIA 1081 ilAOLICK .,1 C . .,":".14 ''' '4.'-'''' f ) Pial 1 it y Mat titl NOtary PtibIic *of o...kaw.e.biowt, .4.a. My commission expires on November 3,2011 I,the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect, This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,Massachusetts Bay insurance Company and Citizens insurance Company of America 'RESOLVED, That any and at Powers of Attorney 'And Certified Copies of st ch Powers of Attorney and certification in respect therein,granted and executed by the President or any Vice President in coniunction with.any Assistant Vice President of the Company,shag be,binding on the Company to the same extent as if MI signatures therein were manually affixed,even though one or more al any such signatures thereon may be facsimile,'(Adopted October 1, 1981 -The Hanover Insurance Comp-any;Adopted April 14,1982 Massachusetts Bay Insurance Company,Adopted September 7,2001 - Ctlizeris Insurarice Company of America) 2 GIVEN under try hand and the seals of said Companies,at Worcester,Massachusetts,this 17 day of February 01 1 THE i4ANOVER i'INSIJRANCE COMPANY M A,SSACP i,,,,,hTTS BAY ttilSURANCE COMPANY cinens irisupriiiics i:iiariTArlY ClF AHERICA A VAKAA t EAAVA2 AAA2AiStAW 2.4C.Le Preettlers CALIFORNIA ALL.-�"URPOS ACKNOWLEDGMENT n. State ofCalifornia In ii County of (7( „IN., 6 ,i2 i., 19 li t ,,,, :.,,,,,, ere Oh ��.e.._ .�9. t•belore me, �� w_.� r _ _ re Insert rCr�rrre�,:. a a ate t` !`�4,a�ffc �. personally ap arecl ,rNV ( 4 .L / y iiV a ei, 111 c who proved to me on the basis of satisctory F' iei: evidence to be the persor�ji fa whose net ; "i are subscribed to the within instrument and acknowledged , n to me that jishe/thr executed the same in ' ii . ,_ STELLA f t hi erith t uthorized capacity(i )i and that by • r f t tr h er/teir si nature on instrument the ,., Notary PublicCaliforniaperson);: the entity upon behalf of which the Kings County r resp au qq��@@@ persons acted; executed the nstrr,�ten yft I certify under PENALTY OF PERJURY under the ;; laws of the State of California that the foregoing paragraph is true and correct. v. g WITNESS my hand and official seal. r Signature: �'$ i 44/1-'1/171 ' ` ? pq., Notary Seal�Yriciar Stamp AbeV , „ • Sago fl,�re cft .Qtary P E14 " ? P` > C though the 1ntormatier below is not required by law,it may prove `atuable to persons relying cn the docui tent ,, and cciuld prevent fraudulent removal and reattachment of this form tri-another d cumene r Description of Attached Document AA E' Title or Type of Documents �_ w._e__ ..; 56 a Document Data: .0 M Number of Pages. �___ y Signrarlsl Other Than Named Above: y ay :46 Capa it ries) Claimed by gner(s) • Signer's f air e , Signer's Name ey <iE4 Corporate Officer— itie(s):= . ___m._. :..Corporate Officer he Titie(sl w_ . __. ...___-_m EY _ Individual RIGHT GIUMSPRINT ind iv id ua RIGHT� n NER in Partner.. ,":. Limited i::General "r,, f i.nnileisir;r;r i Partner. LimitedGeneral , 7r,z, .r=r=r, ),here r 11 Attorney rr r Fact Attorney it-Fact i,, berates i ..Trustee Ii'' ?,,,,,,,,-):: C uardl i or Conservator _ i Guardian or Conservator , y ehirer: a ye Eh_ Other Signer Is Representing: a __ Signer Is Representing ._ie, r` t , 11 , 2008 N VC1 M fpoard A, appal r.a.a;9350 De a r,...A,e,,r';CI t.�x„«wr': ,R,arcvr! iF ..+?;zit "=zC=C•~s'x F{a;�a�Y�Fd t ry nr� item ti.4+7 r? r:r-_e!,.d#Ter f w . i#?3'A.. #:tt":'8r l Acs CERTIFICATE OF LIABILITY INSURANCEDATE tMW D Y , "7/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy{ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). „PRODUCER 1 CONEAC't Adrienne Long CARL LS INSURANCE AGENCY INC C i l (559)584-4495.,. ..... drla real (5591584 4518 1519 N 11TH Ave .ADnRELss adriennel@catlnelsonins.cote g PRODUCER. cV TO�IEalekt.00029274 .__,:. Hanford CA 93230 INSURERTS)AFFORDING COVERAGE NAIC# INSUREDr1SJRERA:Hartford Underwriters Insurance INSURER B Everest National Insurance Best Drilling and.. Pump Inc 1INSURER PO Box 389 €NSUrtER D INSURER E Bloomington CA 92316 INSURER F COVERAGES CERTIFICATE'NUMBER:City of Redlands REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ►MSR LTR TYPE OF INSURANCE `.YaNY�S�RLNuN-�r ... „. POLICY OLPCY NUMBER_„...---. PhM/DDfYYEYFYF-•MPMIDDI YiYXYPY LIMITS II LIABILITY OCCURRENCE 1,000,OOd ._� ``6AMACEib-WrieTEr ... ....r COMMERCIAL GENERA LIAEN.ITA '' PRFMEs lE,a ' lr_, rel ,!„___ 3_311,CiilQ CLAIMS-►AGE X ,OCCUR X 22UUVJC841 4/30/2010 '4/30/2011 E HIED EXP'Any one parser.) 5_mii !))10_,.„000 • --. .._., i.. PERSONAL&ADV INJURY II t 1,000,000 ........ :.:.. ....._ ,,: r GENERAL.AGGREGATE s2,000,000 GEh'L �s fiuRE”Ai E L MIT AFPLI S PER ; ' PRODUCTS C 7MP/OP AGO s: 000 000 POLICY pci' .LOC '.. ( $ AUTOMOBILE LIABILITY COMBINED nNGLE UHT X AN,A jE a Idefl) 1,Qaa,000 II R• GDaLY INJURY(Per Person) S ,. . A Au C}NED ALEOE x 2Z LIVJCB41 4• /30/2010 4/30/2011 .. , R: D LY INJURY(Per accident):$a SCHEDULED AUTOSII ! PRODERTY DAMAGE HIRED aur s; (Per accident) NON-DieNED AUTO Uninsured motorist combined 5 1,000,000 Medicai TaymenS 5 5,OOp< UMBRELLA LIAR DCCLH: 1 EACH OCCURRENCE 5 EXCESS LAB DLA NIS MADE A• GGREGATE $ DEDUCTIBLE I I .c.. .., .. RETENTION$ $ 'WORKERS COMPENS7XfION ' WESTATE. OTH AND EMPLOYERS'LIABILITY Y t N ANY PRO RIETO°PARTNFETEXEf.TVfi ;Y .. o cERra, BER ex _ISD L ; NIA E• L EACHAUC.dDEsV7 1,fItIQ,tISII) Ihkancsatorylrh#liy 7600005537101• 0/1/2010 7/1/2011 LL DISEASE-EAEMPLOYEE5 1 000 {i Glp ,es; chW be under .. .,. .. .._._.._., .; r......... W.r..w,_ pESCRIFVON OF PHA ?LNs to ,„ - E L D SrEEC Deocy_MT x 1 00o.:,000 OESCRBPTION OF OPERATIONS d LOCATIONS f VEHICLES::(Attach ACORD 101,Aththuon,n!Remarks SOIredule„II Wore space Is required) Certificate holder is named as additional insured with respect to General Liability per form attached HG 00- 01 06 05. Certificate balder is also named as .additional insured with respect to auto liability per attached form HA 99 16 D3 02. Job: Church Street Well CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ci tlr of RedlandsACCORDANCE WITH THE POLICY PROVISIONS. tuna cip l Utilities and Engineering Dept PO Box 3005 AUTHORIZED REPRESENTATIVE Redlands, CA 92373 Adrienne Long/AL r" :.r. c.„ � : A-- .w„ ACORD 25(2009109) 01988-2009 ACORD CORPORATION All rights reserved. INS 025;At,I Pr) The ACORD name and logo are registered marks of ACORD Best Drilling and Pump, Inc Policy NUInber 22UUVJC8419 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (2) The 'bodily injury' or "'property damage" occurs the entire policy carefully to determine rights, duties and during the policy period;and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words"you" and "your" refer to under Paragraph 1, of Section II — Who Is An the Named Insured shown in the Declarations, and any Insured and no"employee"authorized by you to other person or organization qualifying as a Named give or receive notice of an "occurrence" or Insured under this policy. The words "we", "us" and "our" claim, knew that the "bodily injury" or "property refer to the stock insurance company member of The damage" had occurred, in whole or in part. If Hartford providing this insurance, such a listed insured or authorized "employee" , The word "insured" means any person or organization knew, prior to the policy periodthat the "bodily qualifying as such under Section II—Who Is An Insuredinjury" or"property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear in quotation marks "bodily injury" or "property damage" during or have special meaning. Refer to Section V—Definitions. after the policy period will be deemed to have SECTION I—COVERAGES been known prior to the policy period. COVERAGE A BODILY INJURY AND PROPERTY c. "Bodily injury" or"property damage"will be deemed DAMAGE LIABILITY to have been known to have occurred at the 1. Insuring Agreement earliest time when any insured listed under Paragraph 1. of Section II —Who Is An Insured or a. We will pay those sums that the insured becomes any "employee" authorized by you to give or legally obligated to pay as damages because of receive notice of an "occurrence"or claim: "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty (1) Reports all, or any part, of the "bodily injury" or to defend the insured against any "suit" seeking "property damage"to us or any other insurer; those damages. However, we will have no duty to (2) Receives a written or verbal demand or claim defend the insured against any "suit" seeking for damages because of the "bodily injury" or damages for"bodily injury" or "property damage" to "property damage"; or which this insurance does not apply. We may, at (3) Becomes aware by any other means that our discretion,. investigate any "occurrence" and "bodily injury" or "property damage" has settle any claim or"suit"that may result. But: occurred or has begun to occur. (1) The amount we will pay for damages is limited U. Damages because of "bodily injury" include as described in Section III — Limits Of damages claimed by any person or organization for Insurance; and care, loss of services or death resulting at any time (2) Our right and duty to defend ends when we from the "bodily injury". have used up the applicable limit of insurance in e. Incidental Medical Malpractice the payment of judgments or settlements under Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or Coverage C. failure to render professional health care services as a physician, dentist, nurse, No other obligation or debility to pay sums or emergency medical technician or paramedic perform acts or seryices is covered unless explicitly shall be deemed to be caused by an provided for under Supplementary Payments — "occurrence", but only if: Coverages A and B. (a) The physician, dentist, nurse, emergency b. This insurance applies to "bodily injury" and medical technician or paramedic is "property damage"only it employed by you to provide such services; (1) The "bodily njury" or "property damage" is and caused by an "occurrence" that takes place in (b) You are not engaged in the business or the "coverage territory"; occupation of providing such services. HG 00 01 06 05 Page 1 of 18 ©2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc, with its permission.) (2) For the purpose of determining the limits of d. Workers'Compensation And Similar Laws insurance for incidental medical malpractice, Any obligation of the insured under a workers' any act or omission together with all related acts compensation, disability benefits or unemployment or omissions in the furnishing of these services compensation law or any similar law. to any one person will be considered one e. Employees Liability occurrence". 2. Exclusions Bodily injury"to: (1) An ''employed" of the insured arising out of and This insurance does not apply to; in the course of: a. Expected Or Intended Injury (a) Employment by the insured:or "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This (b) Performing duties related to the conduct of the nsuredi s business;or exclusion does not apply to "bodily injury" or i "property damage" resulting from the use of (2) The spouse, child, parent, brother or sister of reasonable force to protect persons or property. that "employee" as a consequence of b. Contractual Liability Paragraph (1)above. "Bodily injury" or "property damage" for which the This exclusion applies: insured is obligated to pay damages by reason of (1) Whether the insured may be liable as an the assumption of liability in a contract or , employer or in any other capacity; and agreement. This exclusion does not apply to liability (2) To any obligation to share damages with or for damages; repay someone else who must pay damages (1) That the insured would have in the absence of because of the injury. the contract or agreement; or This exclusion does not apply to liability assumed (2) Assumed in a contract or agreement that is an by the insured under an"insured contract". "insured contract", provided the"bodily injury"or f Pollution "property damage" occurs subsequent to the execution of the contract or agreement. Solely (1) "Bodily injury" or "property damage" arising out for the purposes of liability assumed in an of the actual, alleged or threatened discharge, "insured contract", reasonable attorney fees and dispersal, seepage, migration, release or necessary litigation expenses incurred by or for escape of"pollutants": a party other than an insured are deemed to be (a) At or from any premises, site or location damages because of"bodily injury' or"property which is or was at any time owned or damage", provided: occupied by, or rented or loaned to, any (a) Liability to such party for, or for the cost of, insured. However, this subparagraph does that party's defense has also been assumed not apply to; in the same"insured contract"; and (i) "Bodily injury" if sustained within a (b) Such attorney fees and litigation expenses building and caused by smoke, fumes, are for defense of that pavapor or soot produced by or originating against a ci vii or from equipment that is used to heat, cool alternative dispute resolution proceeding in or dehumidify the building. or equipment which damages to which this insurance that is used to heat water for personal applies are alleged. use, by the building's occupants or their c. Liquor Liability guests; "Bodily injury" or "property damage" for which any (ii) "Bodily injury" or "property damage" for insured may be held liable by reason of: which you may be held liable, if you are a (1) Causing or contributing to the intoxication of any contractor and the owner or lessee of person-, such premises, site or location has been (2) The furnishing of alcoholic beverages to a added to your policy as an additional person under the legal drinking age or under the nsured with respect to your ongoing operations performed for that additional influence of alcohol;or insured at that premises, site or location (3) Any statute, ordinance or regulation relating to and such premises, site or location is not the sale, gift, distribution or use of alcoholic and never was owned or occupied by, or beverages rented or loaned to, any insured, other This exclusion applies only if you are in the than that additional insured;or business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. Page 2 of 18 HG 00 01 06 05 (iii) "Bodily injury" or "property damage" (e) At or from any premises, site or location on arising out of heat, smoke or fumes from which any insured or any contractors or a "hostile fire"; subcontractors working directly or indirectly (b) At or from any premises, site or location on any insured's behalf are performing which is or was at any time used by or for operations if the operations are to test for, any insured or others for the handling, monitor, clean up, remove, contain, treat, storage, disposal, processing or treatment of detoxify or neutralize, or in any way respond waste to, or assess the effects of,"pollutants" (c) Which are or were at any time transported, (2) Any loss, cost or expense arising out of any; handled, stored, treated, disposed of, or (a) Request, demand, order or statutory or processed as waste by or for: regulatory requirement that any insured or (i) Any insured;or others test for, monitor, clean up, remove, (ii) Any person or organization for whom: you contain, treat, detoxify or neutralize, or in maybe all responsible; any way respond to, or assess the effects of, legally "pollutants";or (d) At or from any premises: site or location on (I,) Claim or suit by or on behalf of a which any insured` or any contractors or governmental authority for damages subcontractors working directly or indirectly because of testing for, monitoring ,cleaning on any insured's behalf are performing operations if the "pollutants" are brought on up, removing, containing, treating, detoxifying or or to the premises, site or location in ` neutralizing, or in any; way responding to, or assessing the effects of, connection with such operations by such insured, contractor or subcontractor, "pollutants"; However, this subparagraph does not apply However, this paragraph does not apply to to: liability for damages because of "property "Bodilydamage" that the insured would have in the (I) y injury" or "property dame e g absence of such request, demand, order or arising out of the escape of fuels, statutory or regulatory requirement, or such lubricants or other operating fluids which claim or"suit"by or on behalf of a governmental are needed to perform the normal authority; electrical, hydraulic or mechanical functions necessary for the operation of g. Aircraft,Auto Or Watercraft "mobile equipment" or its parts, if such "Bodily injury" or "property damage" arising out of fuels, lubricants or other operating fluids the ownership, maintenance, use or entrustment to escape from a vehicle part designed to others of any aircraft, "auto"or watercraft owned or hold, store or receive them, This operated by or rented or loaned to any insured. Use exception does not apply if the "bodily includes operation and"loading or unloading", injury"or"property damage" arises out of This exclusion applies even if the claims against the intentional discharge, dispersal or any insured allege negligence or other wrongdoing release of the fuels, lubricants or other in the supervision, hiring, employment, training or operating fluids, or if such fuels, monitoring of others by that insured, if the lubricants or other operating fluids are "occurrence" which caused the "bodily injury" or brought on or to the premises, site or "property damage" involved the ownership, location with the intent that they be maintenance, use or entrustment to others of any discharged, dispersed or released as part aircraft, "auto" or watercraft that is owned or of the operations being performed by operated by or rentedor loaned to any insured. such insured, contractor or subcontractor,, This exclusion does not apply to (ii) "Bodily injury" or "property damage" (1) A watercraft while ashore on premises you own sustained within a building and caused or rent; by the release of gases, fumes or vapors (2) A watercraft you do not own that is; from materials brought into that building (a) Less than 51 feet long; and in connection with operations being (b) Not being used to carry persons for a performed by you or on your behalf by acharge; contractor or subcontractor; or (iii) "Bodily n u "' or "property art damage" ( ) Parking an "auto"" on, or on the ways next to,y j ' p p yremises ou own or rent arising out of heat, smoke or fumes from p y provided the''°auto" s a"hostile fire";or not owned by or rented or loaned to you or the insured; HO 00 01 06 05Page 3 of 18 (4) Liability assumed under any "insured contract"" working directly or indirectly on your behalf are for the ownership, maintenance or use of performing operations, if the "property damage" aircraft or watercraft; arises out of those operations;or (5) "Bodily injury" or "property damage" arising out (6) That particular part of any property that must be of the operation of any of the equipment listed in restored, repaired or replaced because "your Paragraph f"( ) or f.( ) of the definition of work"was incorrectly performed on it. "mobile equipment";or Paragraphs (1), (3)and (4) of this exclusion do not (6) An aircraft that is not owned by any insured and apply to "property damage' (other than damage by is hired, chartered or loaned with a paid crew, fire) to premises, including the contents of such However, this exception does not apply if the premises, rented to you for a period of 7 or fewer insured has any other insurance for such "bodily consecutive days. <A separate limit of insurance injury" or "property damage", whether the other applies to Damage To Premises Rented To You as insurance is primary, excess, contingent or on described in Section III—Limits Of Insurance. any other basis. Paragraph (2)of this exclusion does not apply if the h. Mobile Equipment premises are"your work"and were never occupied, "Bodily injury"or"property damage"arising out of: rented or held for rental by you. (1) The transportation of "mobile equipment" by an Paragraphs (3) and (4) of this exclusion do not "auto"owned or operated by or rented or loaned apply to "property damage" arising from the use of to any insured;or elevators. (2) The use of "mobile equipment" in, or while in Paragraphs (3), (4), (5) and (6)of this exclusion do practice for, or while being prepared for, any not apply to liability assumed under a sidetrack prearranged racing, speed, demolition, or agreement. stunting activity. Paragraphs (3) and (4) of this exclusion do not I War apply to"property damage" to borrowed equipment "ltadil injury" or "property damage", however while not being used to perform operations at the y lur yjob site. caused, arising, directly or indirectly,out of:: Paragraph (6) of this exclusion does not apply to (1) War, including undeclared or civil war, "property damage" included in the "products - (2) Warlike action by a military force, including completed operations hazard' action an hindering or defending against an k. Damage To Your Product actual or expected attack, by any government, sovereign or other authority using military "Property damage"to"your product"arising out of it personnel or other agents; or or any part of it. (3) Insurrection, rebellion, revolution, usurped I. Damage To Your Work power, or action taken by governmental "Property damage"to"your work"arising out of it or authority in hindering or defending against any any part of it and included in the "products- of these. completed operations hazard". j. Damage To Property This exclusion does not apply if the damaged work "Property damage"to: or the work out of which the damage arises was performed on your behalf by a subcontractor. (1) Property you own, rent,or occupy, including any costs or expenses incurred by you, or any other m. Damage To Impaired Property Or Property Not person, organization or entity, for repair, Physically Injured replacement, enhancement, restoration or "Property damage" to "impaired property" or maintenance of such property for any reason, property that has not been physically injured, including prevention of injury to a person or arising out of damage to another's property;: (1) A defect, deficiency, inadequacy or dangerous (2) Premises you sell, give away or abandon, if the condition in "your product"or"your work";or "property damage" arises out of any part of (2) A delay or failure by you or anyone acting on those premises; your behalf to perform a contract or agreement (3) Property loaned to you; in accordance with its terms. (4) Personal property in the care,custody or control This exclusion does not apply to the bass of use of of the insured; other property arising out of sudden and accidental (5) That particular part of real property on tihichphysical injury to"your product"or°'your work" after you or anycontractors or subcontractors it has been put to its intended use. Page 4of1 NG 00 01 06 05 n. Recall Of Products, Work Or Impaired kind to persons or property which would not Property have occurred in whole or in part but for the Damages claimed for any loss, cost or expense 'asbestos hazard"; incurred by you or others for the loss of use, (b) Arise out of any request, demand, order or withdrawal, recall, inspection, repair, replacement, statutory or regulatory requirement that any adjustment, removal or disposal of: insured or others test for, monitor, clean up, (1) "Your product"; remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or (2) "Your work"; or assess the effects of an "asbestos hazardft; (3) "Impaired property" or if such product, work, or property is withdrawn or (c) Arise out of any claim or suit for damages recalled from the market or from use by any person because of testing for, monitoring, cleaning or organization because of a known or suspected up, removing, encapsulating, containing, defect, deficiency, inadequacy or dangerous treating, detoxifying or neutralizing or in any condition in it. way responding to or assessing the effects a. Personal And Advertising Injury of an "asbestos hazard". i "personal"Bodily injury" arising out of personal and Damage To Premises Rented To You — Exception advertising injury". For Damage By Fire, Lightning Or Explosion p. Electronic Data Exclusions c, through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises Damages arising out of the loss of, loss of use of, while rented to you or temporarily occupied by you with damage to, corruption of, inability to access, or permission of the owner. A separate limit of insurance inability to manipulate electronic data, applies to this coverage as described in Section III — As used in this exclusion, electronic data means Limits Of Insurance. information, facts or programs stored as or on, COVERAGE B PERSONAL AND ADVERTISING created or used on, or transmitted to or from INJURY LIABILITY computer software, including systems and applications software, hard or floppy disks, CD- 1. Insuring Agreement ROMS, tapes, drives, cells, data processing a. We will pay those sums that the insured becomes devices or any other media which are used with legally obligated to pay as damages because of electronically controlled equipment. "personal and advertising injury" to which this q. Employment-Related Practices insurance applies. We will have the right and duty to defend the insured against any "suit" seeking "Bodily injury"to: those damages. However, we will have no duty to (1) A person arising out of any "employment- defend the insured against any "suit" seeking related practices"; or damages for "personal and advertising injury" to (2) The spouse, child, parent, brother or sister of which this insurance does not apply. We may, at that person as a consequence of "bodily injury' our discretion, investigate any offense and settle to that person at whom any "employment- any claim or"suit" that may result. But: related practices"are directed, (1) The amount we will pay for damages is limited This exclusion applies: as described in Section III — Limits Of Insurance; and (1) Whether the insured may be liable as an employer or in any other capacity; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the (2) To any obligation to share damages with or payment of judgments or settlements under repay someone else who must pay damages Coverages A or B or medical expenses under because of the injury. Coverage C. r. Asbestos No other obligation or liability to pay sums or (1) 'Bodily injury or "property damage" arising out perform acts or seri/ices is covered unless explicitly of the"asbestos hazard", provided for under Supplementary Payments — (2) Any damages, judgments, settlements, loss, Coverages A and B. costs or expenses that: b. This insurance applies to "personal and advertising (a) May be awarded or incurred by reason of injury" caused by an offense arising out of your any claim or suit alleging actual or business but only if the offense was committed in threatened injury or damage of any nature or the "coverage territory"during the policy period. FIG 00 01 06 05 Page 5 of 18 2. Exclusions (2) Slogan, unless the slogan is also a trademark, This nsurance does not apply to: trade name, service mark or other designation i a. Knowing Violation Of Rights Of Another of origin or authenticity; or "Personal and advertising injury" arising out of an (3) Title of any literary or artistic work, offense committed by, at the direction or with the j Insureds In Media And Internet Type consent or acquiescence of the insured with the Businesses expectation of inflicting "personal and advertising "Personal and advertising injury" committed by an injury" insured insured whose business is: b. Material Published With Knowledge Of Falsity (1) Advertising, broadcasting, publishing or "Personal and advertising injury" arising out of oral, telecasting: written or electronic publication of material, if done (2) Designing or determining content of web sites by or at the direction of the insured with knowledge for others, or of its falsity. (3) An Internet search, access, content or service c. Material Published Prior To Policy Period provider. "Personal and advertising injury" arising out of oral, However, this exclusion does not apply to written or electronic publication of material whose Paragraphs 17,a , b. and c. of "personal and first publication took place before the beginning of advertising injury" under the Definitions Section. the policy period. For the purposes of this exclusion, placing an d. Criminal Acts "advertisement"for or linking to others on your web "Personal and advertising injury" arising out of a site, by itself, is not considered the business of criminal act committed by or at the direction of the advertising, broadcasting, publishing or telecasting, insured. k. Electronic Chatrooms Or Bulletin Boards e. Contractual Liability "Personal and advertising injury" arising out of an "Personal and advertising injury" for which the electronic chatroom or bulletin board the insured insured has assumed liability in a contract or hosts, owns, or over which the insured exercises agreement. This exclusion does not apply to liability control. for damages that the insured would have in the I. Unauthorized Use Of Another's Name Or absence of the contract or agreement. Product f. Breach Of Contract "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of a unauthorized use of another's name or product in breach of contract, except an implied contract to use your e-mail address, domain name or metatags, or another's"advertising idea"in your"advertisement", any other similar tactics to mislead another's g. Quality Or Performance Of Goods — Failure To potential customers. Conform To Statements m. Pollution "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of the failure of goods, products or services to conform actual, alleged or threatened discharge: dispersal, with any statement of quality or performance made seepage, migration, release or escape of in your ftadvertisement". "pollutants"at any time. h. Wrong Description Of Prices n. Pollution-Related "Personal and advertising injury" arising out of the Any loss, cost or expense arising out of any; wrong description of the price of goods, products or (1) Request, demand, order or statutory or services. regulatory requirement that any insured or i. Infringement Of Intellectual Property Rights others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any "Personal and advertising injury" arising out of any way respond to, or assess the effects of, violation of any intellectual property rights such as "pollutants",or copyrightpatent, trademark, trade name, trade secret, service mark or other designation of origin (2) Claim or suit by or on behalf of a governmental or authenticityauthority for damages because of testing for, monitoring, cleaning up, removing, containing, However, this exclusion does not apply to treating, detoxifying or neutralizing, or in any Mfringernent, in your'advertisement", of. way responding to, or assessing the effects of, (1) Copyright "pollutants", Page 6 of 18 FIG 00 01 06 05 o, War (2) The spouse, child, parent, brother or sister of "Personal and advertising injury", however caused, that person as a consequence of "personal and arising,directly or indirectly, out of advertising injury" to that person at whom any "employment-related practices"are directed: (1) War, including undeclared or civil war; This exclusion applies: (2) Warlike action by a military force, including action in hindering or defending against an (1) Whether the insured may be liable as an actual or expected attack, by any government, employer or in any other capacity; and'. sovereign or other authority using military (2) To any obligation to share damages with or personnel or other agents;or repay someone else who must pay damages (3) insurrection, rebellion, revolution, usurped power, because of the injury_ or action taken by governmental authority in v. Asbestos hindering or defending against any of these. (1) "Personal and advertising injury" arising out of p. Internet Advertisements And Content Of Others the"asbestos hazard",. "Personal and advertising injury"arising out of: (2) Any damages, judgments, settlements, loss, (1) An "advertisement"for others on your web site; costs or expenses that. (2) Placing a link to a web site of others on your (a) May be awarded or incurred by reason of web site; any claim or suit alleging actual or threatened injury or damage of any nature or (3) Content, including information, sounds, text, kind to persons or property which would not graphics, or images from a web site of others have occurred in whole or in part but for the displayed within a frame or border on your web "asbestos hazard"; site; or (b) Arise out of any request, demand; order or (4) to enable: Computer code, software or programming used statutory or regulatory requirement that any to enable. insured or others test for, monitor, clean up, (a) Your web site; or remove, encapsulate, contain, treat, detoxify (b) The presentation or functionality of an or neutralize or in any way respond to or "advertisement" or other content on your assess the effects of an "asbestos hazard"; web site. or q. Right Of Privacy Created Sy Statute (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning "Personal and advertising injury" arising out of the violation of a person's right of privacy created by up, removing, encapsulating, containing, any state or federal act. treating, detoxifying or neutralizing or in any way responding to or assessing the effects However, this exclusion does not apply to liability` of an "asbestos hazard". for damages that the insured would have in the COVERAGE C MEDICAL PAYMENTS ITS absence of such state or federal act. r. Violation Of Anti Trust law 1. insuring Agreement a. We will pay medical expenses as described below "Personal and advertising injury" arising out of a for"bodily injury" caused by an accident; violation of any anti-trust law. s. Securities (1) On premises you own or rent; "Personal and advertising injury" arising out of the (2) On ways next to premises you own or rent;or fluctuation in price or value of any stocks, bonds or (3) Because of your operations; other securities provided that: t. Discrimination Or Humiliation (1) The accident takes place in the "coverage "Personal and advertising injury" arising out of territory"and during the policy period; discrimination or humiliation committed by or at the (2) The expenses are incurred and reported to us direction of any "executive officer", director, within three years of the date of the accident stockholder, partner or member of the insured: and u. Employment-Related Practices (3) The injured person submits to examination, at "Personal and advertisinginjury"to: our expense, by physicians of our choice as (1) A person arising out of any ""employment o en a we reasonably require. related practices";or H00001060Page 7offtt b. We will make these payments regardless of fault. e. All costs taxed against the insured in the"suit". These payments will not exceed the applicable limit f. Prejudgment interest awarded against the insured of insurance.We will pay reasonable expenses foe on that part of the judgment we pay. If we make an (1) First aid administered at the time of an accident; offer to pay the applicable limit of insurance,we will (2) Necessary medical, surgical, x-ray and dental not pay any prejudgment interest based on that services, including prosthetic devices; and period of time after the offer. (3) Necessary ambulance, hospital, professional g. All interest on the full amount of any judgment that nursing and funeral services, accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the 2. Exclusions part of the judgment that is within the applicable We will not pay expenses for"bodily injury": limit of insurance. a. Any Insured These payments will not reduce the limits of insurance. To any insured, except"volunteer workers". 2. If we defend an insured against a "suit" and an b. Hired Person indemnitee of the insured is also named as a party to the "suit" we will defend that indemnitee if all of the To a person hired to do work for or on behalf of any following conditions are met: insured or a tenant of any insured, a. The "suit" against the indemnitee seeks damages c. Injury On Normally Occupied Premises for which the insured has assumed the liability of To a person injured on that part of premises you the indemnitee in a contract or agreement that is an own or rent that the person normally occupies. "insured contract"; d. Workers Compensation And Similar Laws b. This insurance applies to such liability assumed by To a person, whether or not an "employee" of any the insured; insured, if benefits for the "bodily injury" are payable c. The obligation to defend, or the cost of the defense or must be provided under a workers' compensation of, that indemnitee, has also been assumed by the or disability benefits law or a similar law, insured in the same"insured contract"; e. Athletics Activities d. The allegations in the "suit" and the information we To a person injured while practicing, instructing or know about the "occurrence' are such that no participating in any physical exercises or games, conflict appears to exist between the interests of sports, or athletic contests. the insured and the interests of the indemnitee; f. Products-Completed Operations Hazard e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against Included within the "products-completed operations such "suit" and agree that we can assign the same hazard". counsel to defend the insured and the indemnitee; g. Coverage A Exclusions and Excluded under Coverage A. f. The indemnitee: SUPPLEMENTARY PAYMENTS - COVERAGES (1) Agrees in writing to: A AND B (a) Cooperate with us in the investigation, 1. We will pay, with respect to any claim we investigate or settlement or defense of the"suit"; settle, or any"suit'against an insured we defend: (b) Immediately send us copies of any a. All expenses we incur, demands, notices, summonses or legal b. tip to $1,000 for cost of bail bonds required papers received in connection with the'suit"; because of accidents or traffic law violations arising (c) Notify any other insurer whose coverage is out of the use of any vehicle to which the Bodily available to the indemnitee; and Injury Liability Coverage applies, We do not have (d) Cooperate with us viiith respect to to furnish these bonds, coordinating other applicable insurance c. The cost of appeal bonds or bonds to release available to the indemnitee; and attachments, but only for bond amounts within the (2) Provides us with written authorization to. applicable limit of insLirance. We do not have to furnish these bonds, (a) Obtain records and other information related to the"suit"; and d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or (b) Conduct and control the defense of the defense of the claim or "Stir including actual loss indemnitee in such "suit", of earnings up to $500 a day because of time off So long as the above conditions are "net, attorneys' from work. fees incurred by us in the defense of that indemnitee, Page 8 of 18 HG 00 01 06 05 necessary litigation expenses incurred by us and However, none of these "employees" or "volunteer necessary litigation expenses incurred by the workers'are insureds for indemnitee at our request will be paid as (1) "Bodily injury" or "personal and advertising Supplementary Payments. Notwithstanding the injury": provisions of Paragraph .b.(2) of Section 1 - Coverage A Bodily Injury And Property Damage (a) To you, to your partners or members (if you Liability, such payments will not be deemed to be are a partnership or joint venture), to your damages for"bodily injury"and"property damage"and members (if you are a lirr(te liability will not reduce the limits of insurance: company), to a co-"employee" while in the Our obligation to defend an insureds indemnitee and course of his or her employment or performing duties related to the conduct of to pay for attorneys" fees and necessary litigation your business, or to your other "volunteer expenses as Supplementary Payments ends when: workers" while performing duties related to a. We have used up the applicable limit of insurance the conduct of your business; in the payment of judgments or settlements; or (b) To the spouse, child,parent,brother or sister b. The conditions set forth above, or the terms of the of that co-"employee" or that "volunteer agreement described in Paragraph f. above, are no worker" as a consequence of Paragraph longer met. (1)(a)above; SECTION II—WHO IS AN INSURED ED (c) For which there is any obligation to share 1. If you are designated in the Declarations as: damages with or repay someone else who a. An individual, you and your spouse are insureds; must pay damages because of the injury described in Paragraphs (1)(a) or(b) above; but only with respect to the conduct of a business , of which you are the sole owner; or b. A partnership or joint venture, you are an insured, (d) Arising out of his or her providing or failing to Your members, your partners, and their spouses provide professional health care services. are also insureds, but only with respect to the if you are not in the business of providing conduct of your business, professional health care services, Paragraph (d) company, does not apply to any nurse, emergency C. A limited liability p y, you are an insured. medical technician or paramedic employed by Your members are also insureds, but only with you to provide such services. respect to the conduct of your business. Your managers are insureds, but only with respect to (2) "Property damage"to property: their duties as your managers. (a) Owned,occupied or used by, d. An organization other than a partnership, joint (b) Rented to, in the care, custody or control of, venture or limited liability company, you are an or over which physical control is being insured. Your "executive officers" and directors are exercised for any purpose by insureds, but only with respect to their duties as you, any of your "employees", "volunteer your officers or directors. Your stockholders are workers", any partner or member (if you are a also insureds, but only with respect to their liability partnership or joint venture), or any member (if as stockholders. you are a limited liability company). e. A trust, you are an insured. Your trustees are also b. Real Estate Manager insureds, but only with respect to their duties as trustees. Any person (other than your "employee" or . Each cxf the following is also an insured. "volunteer worker"), or any organization while acting as your real estate manager. a. Employees and Volunteer workers c. Temporary Custodians of Your Property Your "volunteer workers" only while performing Any person or organization having proper duties related to the conduct of your business, or temporary custody of your property if you die„ but your"employees", other than either your "executive only: officers" (if you are an organization other than a partnership, joint venture or limited liability (1) With respect to liability arising out of the company) or your managers (if you are a limited maintenance or use of that property; and liability company), but only for acts within the scope (2) Until your legalrepresentative has been of their employment by you or while performing appointed; duties related to the conduct of your business. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such, That representative will HG 00 01 06 05 Page 9 of 1 have ail your rights and duties under this Coverage 5. Nonowned Watercraft Part. With respect to watercraft you do not own that is less e. Unnamed Subsidiary than 51 feet long and is not being used to carry Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an insured while which is a legally incorporated entity of which you operating such watercraft with your permission. Any own a financial interest of more than 50% of the other person or organization responsible for the voting stock on the effective date of the Coverage conduct of such person is also an insured, but only Part, with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any The insurance afforded herein for any subsidiary kind is available to that person or organization for this not named in this Coverage Part as a named liability. insured does not apply to injury or damage with respect to which an insured under this Coverage . is . However, no person or organization an insured with Part is also an insured under another policy or respect to: would be an insured under such policy but for its a. "Bodily injury" to a co-"employee" of the person termination or the exhaustion of its limits of operating the watercraft;or insurance. b. "Property damage"to property owned by, rented to, 3. Newly Acquired or Formed Organization in the charge of or occupied by you or the employer i Any organization you newly acquire or form,other than of any person who s an insured under this a partnership,joint venture or limited liability company, provision. and over which you maintain financial interest of more 6. Additional insureds When Required By Written than 50% of the voting stock, will qualify as a Named Contract,Written Agreement Or Permit Insured if there is no other similar insurance available The following person(s) or organization(s) are an to that organization. However: additional insured when you have agreed, in a written a. Coverage under this provision is afforded only until contract, written agreement or because of a permit the 180th day after you acquire or form the issued by a state or political subdivision, that such organization or the end of the policy period, person or organization be added as an additional whichever is earlier; insured on your policy, provided the injury or damage b. Coverage A does not apply to "bodily injury" or occurs subsequent to the execution of the contract or "property damage" that occurred before you agreement. acquired or formed the organization, and A person or organization is an additional insured under c. Coverage B does not apply to "personal and . this provision only for that period of time required by advertising injury" arising out of an offense the contract or agreement, committed before you acquired or formed the However, no such person or organization is an insured organizationunder this provision if such person or organization is 4, Mobile Equipment included as an insured by an endorsement issued by us and made a part of this Coverage Part. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any a. Vendors person is an insured while driving such equipment Any person(s) or organization(s) (referred to below along a public highway with your permission. Any other as vendor), but only with respect to "bodily injury" person or organization responsible for the conduct of or"property damage" arising out of "your products" such person is also an insured, but only with respect to which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the vendor's business and only if this Coverage and only if no other insurance of any kind is available Part provides coverage for "bodily injury' or to that person or organization for this liability. However, "property damage" included within the "products no person or organization is an insured with respect to: completed operations hazard'. a. "Bodily injury" to a co-"employee" of the person (1) The insurance afforded the vendor is subject to driving the equipment:or the following additional exclusions: b. "Property damage"to property owned by, rented to, This insurance does not apply to: in the charge of or occupied by you or the employer (a) "Bodily injury" or "property damage" for of any person who is an insured under this which the vendor is obligated to pay provision. damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement: Page 10 of 18 HO 00 01 06 05 (b) Any express warranty unauthorized by you; c. Lessors of Land or Premises (c) Any physical or chemical change in the Any person or organization from whom you lease product made intentionally by the vendor; land or premises, but only with respect to liability (d) Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of for the purpose of inspection, demonstration, that part of the land or premises leased to you, testing, or the substitution of parts under With respect to the insurance afforded these instructions from the manufacturer, and then additional insureds the following additional repackaged in the original container; exclusions apply: (e) Any failure to make such inspections, This insurance does not apply to; adjustments,tests or servicing as the vendor 1. Any °occurrence" which takes place after you has agreed to make or normally undertakes cease to lease that land;or to make in the usual course of business, in 2. Structural alterations, new construction or connection with the distribution or sale of the products; demolition operations performed by or on behalf of such person or organization. (f Demonstration, installation, servicing or d. Architects, Engineers or Surveyors repair operations, except such operations performed at the vendor's premises in Any architect, engineer, or surveyor, but only with connection with the sale of the product; respect to liability for "bodily injury", "property (g) Products which, after distribution or sale by damage" or "personal and advertising injury" you, have been labeled or relabeled or used caused, in whole or in part, by your acts or as a container, part or ingredient of any omissions or the acts or omissions of those acting other thing or substance by or for the on your behalf: vendor;or (1) In connection with your premises;or (h) "Bodily injury" or "property damage" arising (2) In the performance of your ongoing operations out of the sole negligence of the vendor for performed by you or on your behalf. its own acts or omissions or those of its With respect to the insurance afforded these employees or anyone else acting on its additional insureds, the following additional behalf. However, this exclusion does not exclusion applies: apply to: This insurance does not apply to "bodily injury", (i)The exceptions contained in Sub- "property damage" or "personal and advertising paragraphs(d)or(f);or injuryarising out of the rendering of or the failure (ii) Such inspections, adjustments, tests or to render any professional services by or for you, servicing as the vendor has agreed to including: make or normally undertakes to make in 1. The preparing, approving, or failing to prepare the usual course of business, in or approve, maps, shop drawings, opinions, connection with the distribution or sale of reports, surveys, field orders, change orders or the products, drawings and specifications; or (2) This insurance does not apply to any insured 2. Supervisory, inspection, architectural or person or organization, from whom you have engineering activities. acquired such products, or any ingredient, part e. Permits Issued By State Or Political or container, entering into, accompanying or Subdivisions containing such products, Any state or political subdivision, but only with b. Lessors of Equipment respect to operations performed by you or on your (1) Any person or organization from whom you behalf for which the state or political subdivision lease equipment; but only with respect to their has issued a permit, liability for "bodily injury', "Property damage" or VVith respect to the insurance afforded these "personal and advertising injury" caused, in whole or n part, by your maintenance,operation additional insureds, this insurance does not apply i to: or use of equipment leased to you by such person or organization, . la ^ 0 "property damage" "personal (2) Bodtly injury , or personal and advertising injury" arising out of operations (2) With respect to the insurance afforded to these performed for the state or municipality;or additional insureds this insurance does not apply to any "occurrence" which takes place (2) "Bodily injury" or "property damage" included after the equipment lease expires. within the "products-completed operations hazard". HO 00 01 06 05 Page 11 of 18 f. Any Other Party c. Persons or organizations making claims or bringing " ". Any other person or organization who is not an suits insured under Paragraphs a. through e. above, but 2. General Aggregate Limit only with respect to liability for "bodily injury", The General Aggregate Limit is the most we will pay "property damage" or "personal and advertising for the sum of: injury" caused, in whole or in part, by your acts or a. Medical expenses under Coverage C; omissions or the acts or omissions of those acting on your behalf: b. Damages under Coverage A, except damages (1) In the performance of your ongoing operations: because of "bodily injury" or "property damage" included in the "products-completed operations (2) In connection with your premises owned by or hazard";and rented to you; or c. Damages under Coverage B. (3) In connection with "your work" and included 3. Products-Completed Operations Aggregate Limit within the "products-completed operations hazard", but only if The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages (a) The written contract or agreement requires because of "bodily injury" and "property damage" you to provide such coverage to such included in the "products-completed operations additional insured; and hazard". (b) This Coverage Part provides coverage for 4° Personal and Advertising Injury Limit "bodily injury" or "property damage" included within the "products-completed operations Subject to 2. above, the Personal and Advertising hazard". Injury Limit is the most we will pay under Coverage B With respect to the insurance afforded to these for the sum of all damages because of all "personal and advertising injury" sustained by any one person or additional insureds, this insurance does not apply to: organization. 5' Each Occurrence Limit "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or Subject to 2. or 3. above, whichever applies, the Each the failure to render, any professional architectural, Occurrence Limit is the most we will pay for the sum engineering or surveying services, including: of: (1) The preparing, approving, or failing to prepare a. Damages under Coverage A;and or approve, maps, shop drawings, opinions, b. Medical expenses under Coverage C reports, surveys, field orders, change orders or because of all "bodily injury" and "property damage" drawings and specifications', or arising out of any one"occurrence". (2) Supervisory, inspection, architectural or 6. Damage To Premises Rented To You Limit engineering activities, Subject to 5. above, the Damage To Premises Rented The limits of insurance that apply to additional insureds To You Limit is the most we will pay under Coverage A under this provision is described in Section III — Limits for damages because of"property damage"to any one Of Insurance, premises, while rented to you, or in the case of How this insurance applies when other insurance is damage by fire, lightning or explosion, while rented to available to the additional Insured is described in the you or temporarily occupied by you with permission of Other Insurance Condition in Section IV— Commercial the owner. General Liability Conditions. In the case of damage by fire, lightning or explosion, No person or organization is an insured with respect to the the Damage to Premises Rented To You Limit applies conduct of any current or past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that is not shown as a Named whether such damage results from fire. lightning or Insured in the Declarations, explosion or any combination of these. SECTION III-LIMITS OF INSURANCE 7. Medical Expense Limit 1. The Most We will Pay Subject to 5, above, the Medical Expense Limit is the The Limits of Insurance shown in the Declarations and most we will pay under Coverage C for all medical the rules below fix the most we will pay regardless of expenses because of "bodily injury" sustained by any the number of: one person, a. Insureds; 8. How Limits Apply To Additional Insureds b. Claims made or"suits"brought; or If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 added as an additional insured on your policy, the (3) Cooperate with us in the investigation or most we will pay on behalf of such additional insured is settlement of the claim or defense against the the lesser of: "suit": and a. The limits of insurance specified in the written (4) Assist us, upon our request, in the enforcement of contract or written agreement; or any right against any person or organization which b. The Limits of Insurance shown in the Declarations, may be liable to the insured because of injury or Such amount shall be a part of and not in addition to damage to which this insurance may also apply, . Limits of Insurance shown in the Declarations and dObligations At The Insureds Own Cost described in this Section, No insured will, except at that insured's own cost, The Limits of Insurance of this Coverage Part apply voluntarily make a payment, assume any separately to each consecutive annual period and to any obligation, or incur any expense, other than for first remaining period of less than 12 months, starting with the aid, without our consent. beginning of the policy period shown in the Declarations, e. Additional Insureds Other Insurance unless the policy period is extended after issuance for an If we cover a claim or "suit" under this Coverage additional period of less than 12 months. In that case, the Part that may also be covered by other insurance additional period will be deemed part of the last preceding available to an additional insured, such additional period for purposes of determining the Limits of Insurance. insured must submit such claim or "suit" to the SECTION IV — COMMERCIAL GENERAL LIABILITY other insurer for defense and indemnity. CONDITIONS However, this provision does not apply to the 1. Bankruptcy extent that you have agreed in a written contract or Bankruptcy or insolvency of the insured or of the written agreement that this insurance is Primary insured's estate will not relieve us of our obligations and non-contributory with the additional insured's under this Coverage Part. own insurance. 2. Duties In The Event Of Occurrence, Offense, Claim f. Knowledge Of An Occurrence, Offense, Claim Or Suit Or Suit a. Notice Of Occurrence Or Offense Paragraphs a. and b. apply to you or to any " You or any additional insured must see to it that we additional insured only when such "occurrence , offense, claim or"suit is known to: are notified as soon as practicable of an "'occurrence" or an offense which may result in a (1) You or any additional insured that is an claim. To the extent possible, notice should include: individual; (1) How, when and where the "occurrence" or (2) Any partner, if you or an additional insured is a offense took pace: partnership; (2) The names and addresses of any injured (3) Any manager, if you or an additional insured is a persons and witnesses; and limited liability company; ^ • • (3) The nature and location of any injury or damage (4) Any "executive officer" or insurance manager, if arising out of the"occurrence"or offense. you or an additional insured is a corporation; b. Notice Of Claim (5) Any trustee, if you or an additional insured is a If a claim is made or "suit" is brought against any trust;or insured,you or any additional insured must: (6) Any elected or appointed official, rf you or an additional insured is a political subdivision or (1) Immediately record the specifics of the claim or public entity. 'suit"and the date received; and (2) Notify us as soon as practicable. This duty applies separately to you and any additional insured. You or any additional insured must see to it that we 3. Legal Action Against Us receive written notice of the claim or "suit" as soon as practicable. No person or organization has a right under this Coverage Part: c. Assistance And Cooperation Of The Insured a. To join us as a party or otherwise bring us into a You and any other involved insured must: "suit"asking for damages from an insured; or (1) Immediately send us copies of any demands, b. To sue us on this Coverage Part unless all of its notices, summonses or legal papers received in terms have been fully complied with. connection with the claim or"suit"; A person or organization may sue us to recover on an (2) Authorize us to obtain records and other information; agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 06 05 Page 13 of 18 that are in excess of the applicable limit of insurance. (7) When You Add Others As An Additional An agreed settlement means a settlement and release Insured To This Insurance of liability signed by us,the insured and the claimant or Any other insurance available to an additional the claimant's legal representative. insured, 4. Other insurance However, the following provisions apply to other If other valid and collectible insurance is available to insurance available to any person or the insured for a loss we cover under Coverages A or organization who is an additional insured under B of this Coverage Part, our obligations are limited as this coverage part. follows: (a) Primary Insurance When Required By a. Primary Insurance Contract This insurance is primary except when b. below This insurance is primary if you have agreed applies, If other insurance is also primary, we will in a written contract or written agreement share with all that other insurance by the method that this insurance be primary. If other described in c, below, insurance is also primary, we will share with b. Excess Insurance all that other insurance by the method described in c.below. This insurance is excess over any of the other (6) Primary And Non-Contributory To Other insurance, whether primary, excess, contingent or Insurance When Required By Contract on any other baste (1) Your Work If you have agreed in a written contract, written agreement, or permit that this That is Fire, Extended Coverage, Builder's Risk, insurance is primary and non-contributory Installation Risk or similar coverage for "your with the additional insured's own insurance, wore:, this insurance is primary and we will not (2) Premises Rented To You seek contribution from that other insurance. That is fire, lightning or explosion insurance for Paragraphs (a) and (b) do not apply to other premises rented to you or temporarily occupied insurance to which the additional insured has by you with permission of the owner; been added as an additional insured. (3) Tenant Liability When this insurance is excess, we will have no duty under Coverages A or B to defend the insured That is insurance purchased by you to cover against any "suit" if any other insurer has a duty to your liability as a tenant for "property damage" defend the insured against that "suit". If no other to premises rented to you or temporarily insurer defends, we will undertake to do so, but we occupied by you with permission of the owner; will be entitled to the insured's rights against all (4) Aircraft,Auto Or Watercraft those other insurers, If the loss arises out of the maintenance or use When this insurance is excess over other of aircraft, "autos"or watercraft to the extent not insurance,we will pay only our share of the amount subject to Exclusion g. of Section I — Coverage of the loss, if any,that exceeds the sum of: A— Bodily Injury And Property Damage Liability; (1) The total amount that all such other insurance (5) Property Damage to Borrowed Equipment Or would pay for the loss in the absence of this Use Of Elevators insurance; and If the loss arises out of "property damage" to (2) The total of all deductible and self-insured borrowed equipment or the use of elevators to amounts under all that other insurance. the extent not subject to Exclusion i. of Section I We will share the remaining loss, if any, with any - Coverage A - Bodily Injury And Property other insurance that is not described in this Excess Damage Liability: Insurance provision and was not bought specifically (6) When You Are Added As An Additional to apply in excess of the Limits of Insurance shown Insured To Other Insurance in the Declarations of this Coverage Part, Any other insurance available to you covering c. Method Of Sharing liability for damages arising out of the premises If all of the other insurance permits contribution by or operations, or products and completed operationsfor which you have been added as equal shares,we will follow this method also.Under , this approach each insurer contributes equal an additional insured by that insurance;or amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 18 HO 00 01 06 05 If any of the other insurance does not permit insured will bring'suit" or transfer those rights to us contribution by equal shares, we will contribute by and help us enforce them. limits. Under this method, each insurer's share is b. Waiver Of Rights Of Recovery (Waiver Of based on the ratio of its applicable limit of Subrogation) insurance to the total applicable limits of insurance of all insurers. If the insured has waived any rights of recovery against any person or organization for all or part of 5. Premium Audit any payment, including Supplementary Payments. a. We will compute ail premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates, waive that right, provided the insured waived their b. Prem urn shown in this Coverage Part as advance rights of recovery against such person or premium is a deposit premium only. At the close of organization in a contract, agreement or permit that each audit period we will compute the earned was executed prior to the injury or damage. premium for that period and send notice to the first 9. When We Do Not Renew Named Insured. The due date for audit and If we decide not to renew this Coverage Part, we will retrospective premiums is the date shown as the mail or deliver to the first Named Insured shown in the due date on the bill. If the sum of the advance and Declarations written notice of the nonrenewal not less audit prem urns paid for the policy period is greater than 30 days before the expiration date. than the earned premium, we will return the excess to the first Named Insured, If notice is mailed, proof of mailing will be sufficient proof of notice. c. The first Named Insured must keep records of the SECTION V—DEFINITIONS information we need for premium computation, and send us copies at such times as we may request, 1. "Advertisement" means the widespread public 6. Representations dissemination of information or images that has the purpose of inducing the sale of goods, products or a. When You Accept This Policy services through: By accepting this policy, you agree: a. (1) Radio; (1) The statements in. the Declarations are accurate (2) Television; and complete; (3) Billboard; (2) Those statements are based upon representations you made to us; and (4) Magazine; (3) We have issued this policy in reliance upon your (5) Newspaper;or representations. b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution, However, "advertisement"does not include: If unintentionally you should fail to disclose all hazards relating to the conduct of your business a. The design, printed material, information or images that exist at the inception date of this Coverage contained in, on or upon the packaging or labeling Part, we shall not deny coverage under this of any goods or products; or Coverage Part because of such failure, b. An interactive conversation between or among 7. Separation Of Insureds persons through a computer network. Except with respect to the Limits of Insurance, and any 2. "Advertising idea" means any idea for an rights or duties specifically assigned in this Coverage "advertisement". Part to the first Named Insured, this insurance applies. 3. "Asbestos hazard" means an exposure or threat of a. As if each Named Insured were the only Named exposure to the actual or alleged properties of Insured: and asbestos and includes the mere presence of asbestos b. Separately to each insured against whom cany form.laim is in made or'suit" is brought, 4. "Auto" means a land motor vehicle, trailer or semitrailer 8. Transfer Of Rights Of Recovery Against Others To designed for travel on public roads. Including any Us attached machinery or equipment, But "auto" does not include"mobile equipment". a. Transfer of Rights Of Recovery 5. "Bodily injury"means physical. If the insured has rights to recover all or part of any payment, including Supplementary Payments, we a. Injury; have made under this Coverage Part. those rights b. Sickness; or are transferred to us. The insured must do nothing c. Disease after loss to impair them. At our request, the sustained by a person and, if arising out of the above, mental anguish or death at any time, HO GO 01 06 05 Page 15 of 18 6. "Coverage territory" means: rented to you or temporarily occupied by you with a. The United States of America (including its territories permission of the owner is subject to the Damage to Premises Rented To You Limit described in and possessions), Puerto Rico and Canada; Section III—Limits of Insurance; b. International waters or airspace, but only if the b. A sidetrack agreement; injury or damage occurs in the course of travel or transportation between any places included in a. c. Any easement or license agreement, including an above; or easement or license agreement in connection with C. All other parts of the world if the injury or damage construction or demolition operations on or within arises out of: 50 feet of a railroad; (1) Goods or products made or sold by you in the d. An obligation, as required by ordinance, to territory described in a.above; indemnify a municipality, except in connection with work for a municipality; (2) The activities of a person whose home is in the territory described in a. above, but is away for a e An elevator maintenance agreement; short time on your business; or f. That part of any other contract or agreement (3) "Personal and advertising injury" offenses that pertaining to your business (including an take place through the Internet or similar indemnification of a municipality in connection with electronic means of communication work performed for a municipality) under which you assume the tort liability of another party to pay for provided the insured's responsibility to pay damages is "bodily injury" or "property damage" to a third determined in the United States of America (including its person or organization, provided the "bodily injury" territories and possessions), Puerto Rico or Canada, in a or"property damage" is caused, in whole or in part, "suit" on the merits according to the substantive law in by you or by those acting on your behalf. Tort such territory or in a settlement we agree to. liability means a liability that would be imposed by 7. "Employee" includes a "leased worker". "Employee" law in the absence of any contract or agreement. does not include a "temporary worker", Paragraph f. includes that part of any contract or 8. "Employment-Related Practices"means: agreement that indemnifies a railroad for "bodily a. Refusal to employ a person; injury" or "property damage" arising out of construction or demolition operations,within 50 feet b. Termination of a person's employment; or of any railroad property and affecting any railroad c. Employment-related practices, policies, acts or bridge or trestle, tracks, road-beds, tunnel, omissions, such as coercion, demotion, evaluation, underpass or crossing. reassignment, discipline, defamation, harassment, However, Paragraph f.does not include that part of humiliation or discrimination directed at a person, any contract or agreement: 9. "Executive officer" means a person holding any of the (I) That indemnifies an architect, engineer or officer positions created by your charter, constitution, surveyor for injury or damage arising out of: by-laws or any other similar governing document. (a) Preparing, approving, or failing to prepare or 10."Hostile fire" means one which becomes uncontrollable approve, maps, shop drawings, opinions, or breaks out from where it was intended to be. reports, surveys, field orders, change orders 11."Impared property" means tangible property, other or drawings and specifications; or than "your product"or"your work",that cannot be used (b) Giving directions or instructions, or failing to or is less useful because: give them, if that is the primary cause of the a. It incorporates "your product" or "your work" that is injury or damage; or known or thought to be defective, deficient, (2) Under which the insured, if an architect, engineer inadequate or dangerous:or or surveyor, assumes liability for an injury or b. You have failed to fulfill the terms of a contract or damage arising out of the insureds rendering or agreement; failure to render professional services, including if such property can be restored to use by; those listed in (1) above and supervisory, inspection, architectural or engineering activities. a. The repair, replacement, adjustment or removal of "your product"or"your work"; or 13."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you b Your fulfilling the terms of the contract or agreement. and the labor leasing firm, to perform duties related to 12."Insured contract"means: the conduct of your business. "Leased worker" does a. A contract for a lease of premises. However, that not include a "temporary worker", portion of the contract for a lease of premises that 14."Loading or unloading"means the handling of property: indemnifies any person or organization for damage a. After it is moved from the place where it is accepted by fire, lightning or explosion to premises while for movement into or onto an aircraft, watercraft or "auto"; Page 16 of 18 HG 00 01 0805 b. While it is in or on an aircraft, watercraft or "auto"; 16.'Occurrence" means an accident, including continuous or or repeated exposure to substantially the same general c. While it is being moved from an aircraft, watercraft harmful conditions. or'auto"to the place where it is finally delivered; 17."Personal and advertising injury" means injury, but "loading or unloading" does not include the including consequential "bodily injury", arising out of movement of property by means of a mechanical one or more of the following offenses: device, other than a hand truck, that is not attached to a, False arrest,detention or imprisonment; the aircraft,watercraft or"auto . b. Malicious prosecution; 15."Mobile equipment" means any of the following types c. The wrongful eviction from, wrongful entry into, or of land vehicles, including any attached machinery or invasion of the right of private occupancy of a room, equipment: dwelling or premises that a person occupies, a. Bulldozers, farm machinery, forklifts and other committed by or on behalf of its owner, landlord or vehicles designed for use principally off public lessor; roads; d. Oral, written or electronic publication of material b. Vehicles maintained for use solely on or next to that slanders or libels a person or organization or premises you own or rent; disparages a person's or organization's goods, c. Vehicles that travel on crawler treads; products or services, d. Vehicles, whether self-propelled or not, maintained e. Oral, written or electronic publication of material primarily to provide mobility to permanently that violates a person's right of privacy; mounted: f. Copying, in your "advertisement", a person's or (1) Power cranes, shovels, loaders, diggers or organization's "advertising idea" or style of drills;or "advertisement"; (2) Road construction or resurfacing equipment g. Infringement of copyright, slogan, or title of any such as graders, scrapers or rollers; literary or artistic work, in your"advertisement"; or e. Vehicles not described in a., b., c. or d. above that h. Discrimination or humiliation that results in injury to are not self-propelled and are maintained primarily the feelings or reputation of a natural person. to provide mobility to permanently attached 18."Pollutants" mean any solid, liquid, gaseous or thermal equipment of the following types: irritant or contaminant, including smoke, vapor, soot, (1) Air compressors, pumps and generators, fumes, acids, alkalis, chemicals and waste. Waste including spraying, welding, building cleaning, includes materials to be recycled, reconditioned or geophysical exploration, lighting and well reclaimed. servicing equipment;or 19."Products-completed operations hazard": (2) Cherry pickers and similar devices used to raise a. Includes all "bodily injury" and "property damage" or lower workers; occurring away from premises you own or rent and f. Vehicles not described in a., b., C. or d. above arising out of"your product"or"your work"except: maintained primarily for purposes other than the (1) Products that are still in your physical transportation of persons or cargo. possession; or However, self-propelled vehicles with the following (2) Work that has not yet been completed or types of permanently attached equipment are not abandoned. However, "your work" will be 'mobile equipment'but will be considered "autos": deemed completed at the ear iest of the (1) Equipment, of at least 1,000 pounds gross following times: vehicle weight,designed primarily for, (a) When all of the work called for in your (a) Snow removal: contract has been completed, (b) Road maintenance, but not construction or (b) When all of the work to be done at the job resurfacing; or site has been completed if your contract calls for work at more than one job site. (c) Street cleaning: (c) When that part of the work done at a job site (2) Cherry pickers and similar devices mounted on has been put to its intended use by any automobile or truck chassis and used to raise or person or organization other than another lower workers; and contractor or subcontractor working on the (3) Air compressors, pumps and generators, same project. including spraying, welding, building cleaning, Work that may need service, maintenance, geophysical exploration, lighting and well correction, repair or replacement, but which is servicing equipment. otherwise complete, will be treated as completed, HG 00 01 06 05 Page 17 of 18 b. Does not include "bodily injury" or "property 22."Temporary worker" means a person who is damage'arising out of: furnished to you to substitute for a permanent (1) The transportation of property, unless the "employee" on leave or to meet seasonal or short- injury or damage arises out of a condition in or term workload conditions. on a vehicle not owned or operated by you, 2 ."Volunteer worker" means a person who and that condition was created by the"loading a. Is not your"employee"; or unloading"of that vehicle by any insured,: b Donates his or her work; (2) The existence of tools, uninstalled equipment or abandoned or unused materials;or c. Acts at the direction of and within the scope of duties determined by you;and (3) Products or operations for which the classification, listed in the Declarations or Ina d. Is not paid a fee, salary or other compensation by policy schedule, states that products- you or anyone else for their work performed for completed operations are subject to the you, General Aggregate Limit. 24 ",Your product": 20."Property damage" means: a. Means: a. Physical injury to tangible property, including all (1) Any goods or products, other than real resulting loss of use of that property. All such loss property, manufactured, sold, handled, of use shall be deemed to occur at the time of the distributed or disposed of by: physical injury that caused it; or (a) You; b. Loss of use of tangible property that is not (b) Others trading under your name;or physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" ( ) A person or organization whose business or assets you have acquired; and that caused it. s used in this definition, computerized or (2) Containers (other than vehicles), materials, Aelectronically stored data, programs or software are parts or equipment furnished in connection not tangible property. Electronic data means with such goods or products information,facts or programs: b, Includes a. Stored as or on; (1) Warranties or representations made at any time with respect to the fitness, quality, b. Created or used on;or durability, performance or use of your cx Transmitted to or from; product";and computer software, including systems and (2) The providing of or failure to provide warnings applications software, hard or floppy disks, D- or instructions. ROMS, tapes; drives, cells; data processing devices c. Does not include vending machines or other or any other media which are used with electronically property rented to or located for the use of others controlled equipment. but not sold,. 21;"Suit"" means a civil proceeding in which damages 2 "Your wore: because of "bodily injury° "property damage" or "personal and advertising injury" to which this a. Means: insurance applies are alleged. "Suit" includes} (I) Work or operations performed by you or on a. An arbitration proceeding in which such damages your behalf; and are claimed and to which the insured must submit (2) Materials, parts or equipment furnished in or does submit with our consent; or connection with such work or operations. b. Any other alternative dispute resolution b. Includes proceeding in which such damages are claimed (1) Warranties or representations made at any and to which the insured submits with our time with respect to the fitness„ quality,: consent. durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. Page 1Sof1 11600010605 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the folbwing BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the Insured"than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED Et Employees as Insureds A. Subsidiaries and Newly Acquired or Paragraph A,1„ - WHO IS AN INSURED - of Formed Organizations SECTION II - LIABILITY COVERAGE is The Named Insured shown in the Declare- amended to add: tions is amended to include: d. Any "employee" of yours while using a (1) Any legally incorporated subsidiary in covered "auto" you don't own, hire or which you own more than 50% of the borrow in your business or your personal voting stock on the effective date of the affairs. Coverage Form. However, the Named C. Lessors as Insureds Insured does not include any subsidiary Paragraph A.1. - WHO IS AN INSURED - of that is an "insured" under any other Section II - Liability Coverage is amended to automobile policy or would be an add: "insured" under such a policy but for its e. The lessor of a covered "auto" while the termination or the exhaustion of its Limit of Insurance. "auto" is leased to you under a written agreement if: (2) Any organization that is acquired or formed by you and over which you (1) The agreement requires you to maintain majority ownership. However, , provide direct primary insurance for the Named Insured does not include any the lessor and newly formed or acquired organization: (2) The"auto"is leased without a driver. (a) That is a partnership, joint venture or Such a leased 'auto" will be considered a limited liability company covered "auto" you own and not a covered (b) That is an "insured" under any other 'auto'you hire. policy, 2 AUTOS RENTED BY EMPLOYEES (c) That has exhausted its Limit of Any "auto" hired or rented by your "employee" on Insurance under any other policy, or your behalf and at your direction will be (d) 180 days or more after its acquisition considered an"auto'you hire. or formation by you, unless you have The OTHER INSURANCE Condition is amended given us notice of the acquisition or by adding the following: formation, If an "employee's" personal insurance also Coverage does not apply to'bodily injury" applies on an excess basis to a covered "auto" or"property damage"that results from an hired or rented by your"employee"on your behalf 'accident- that occurred before you and at your direction, this insurance will be formed or acquired the organization, primary to the"employee's"personal insurance. Form HA 99 16 03 02 Page 1 of 3 (6"2001,The Hartford(Mcludes copyrighted material of ISO Properties,Inc,with its permission) 3. AMENDED FELLOW EMPLOYEE EXCLUSION 6. LEASE GAP COVERAGE EXCLUSION 5, - FELLOW EMPLOYEE - of Under SECTION III - PHYSICAL DAMAGE SECTION II - LIABILITY COVERAGE does not COVERAGE, if a long-term leased "auto" is a apply if you have workers' compensation covered "auto" and the lessor is named in the insurance in-force covering all of your policy as a Loss Payee, we will pay in the event "employees", of a total loss" your additional legal obligation to the lessor for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the loss" insurance, and the "outstanding balance"of the lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the lease at the time of "loss" less any Coverage and if Comprehensive. Specified amounts representing taxes; overdue payments; Causes of Loss, or Collision coverages are penalties, interest or charges resulting from provided under this Coverage Form for any "auto" overdue payments; additional mileage charges; you own, then the Physical Damage Coverages excess wear and tear charges: lease termination provided are extended to 'autos" you hire or fees, borrow,subject to the following limit 7. AIRBAG COVERAGE The most we will pay for"loss"to any hired "auto" Under Paragraph B. EXCLUSIONS- of SECTION Ill - PHYSICAL DAMAGE COVERAGE, the (1) $50,000; following is added: (2) The actual cash value of the damaged or The exclusion relating to mechanical breakdown stolen property at the time of the "loss";or does not apply to the accidental discharge of an (3) The cost of repairing or replacing the airbag. damaged or stolen property, 8 SOUND RECEIVING AND TRANSMITTING whichever is smallest, minus a deductible. The EQUIPMENT-BROADENED COVERAGE deductible will be equal to the largest deductible Paragraphs 8,4 c. & d. - EXCLUSIONS - of applicable to any owned "auto" for that coverage, SECTION III - PHYSICAL DAMAGE COVERAGE No deductible applies to "loss" caused by fire or do not apply to equipment designed solely for lightning, Hired Auto Physical Damage coverage receiving or transmitting sound and accessories is excess over any other collectible insurance, used with such equipment, provided such Subject to the above limit deductible and excess equipment is permanently installed in the covered provisions, we will provide coverage equal to the "auto" at the time of the "loss" or such equipment broadest coverage applicable to any covered is removable from a housing unit which is "auto"you own. permanently installed in the covered "auto" at the We will also cover loss of use of the hired "auto" if time of the "loss", and such equipment is it results from an "accident". you are legally liable designed to be solely operated by use of the and the lessor incurs an actual financial loss, power from the "auto's" electrical system, in or subject to a maximum of$1000 per-accident", upon the covered 'auto". This extension of coverage does not apply to any 9. EXTRA EXPENSE- :,-OADENED COVERAGE -auto' you hire or borrow from any of your Under Paragraph A. -COVERAGE - of SECTION "employees', partners (if you are a partnership), III - PHYSICAL DAMAGE COVERAGE, we will members (if you are a limited liability company), pay for the expense of returning a stolen covered or members of their households, "auto"to you. 5, PHYSICAL DAMAGE-ADDITIONAL 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE TEMPORARY TRANSPORTATION EXPENSE COVERAGE Under Paragraph D. -DEDUCTIBLE- of SECTION III - PHYSICAL DAMAGE COVERAGE, the Paragraph Feka, of SECTION III " PHYSICAL following is added: DAMAGE COVERAGE is amended to provided a No deductible applies to glass damage if the limit of $50 per day and a maximum limit of $1,000. glass is repaired rather than replaced. Form HA 99 16 03 02 Page 2 of 3 11. TWO OR MORE DEDUCTIBLES 14. HIRED AUTO-COVERAGE TERRITORY Under Paragraph D.-DEDUCTIBLE- of SECTION Paragraph e. of GENERAL CONDITIONS 7, - III - PHYSICAL DAMAGE COVERAGE, the POLICY PERIOD, COVERAGE TERRITORY - of following is added: SECTION IV- BUSINESS AUTO CONDITIONS is If another Hartford Financial Services Group, Inc. replaced by the following: company policy or coverage form that is not an e For short-term hired "autos", the coverage automobile policy or coverage form applies to the territory with respect to Liability Coverage is same'accident".the following applies: anywhere in the world provided that if the , (1) If the deductible under this Business Auto Insured's" responsibility to pay damages for Coverage Form is the smaller (or smallest) "bodily injury" or "property damage" is deductible, it will be waived; determined in a "suit,"the "suit" is brought in the United States of America, the territories (2) If the deductible under this Business Auto and possessions of the United States of Coverage Form is not the smaller (or America, Puerto Rico or Canada or in a smallest) deductible, it will be reduced by the settlement we agree to, amount of the smaller (or smallest) deductible. 15. WAIVER OF SUBROGATION 12. AMENDED DUTIES IN THE EVENT OF TRANSFER OF RIGHTS OF RECOVERY ACCIDENT,CLAIM, SUIT OR LOSS AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by The requirement in LOSS CONDITIONS 2.a. - adding the following: DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS VVe waive any right of recovery we may have AUTO CONDITIONS that you must notify us of an against any person or organization with whom "accident" applies only when the "accident" is you have a written contract that requires such known to: waiver because of payments we make for damages under this Coverage Form. (1) You, if you are an individual; 16. RESULTANT MENTAL ANGUISH COVERAGE (2) A partner, if you are a partnership; The definition of "bodily injury®" in SECTION V- (3) A member, if you are a limited liability DEFINITIONS is replaced by the following: company; or "Bodily injury" means bodily injury, sickness or (4) An executive officer or insurance manager, if disease sustained by any person, including you are a corporation. mental anguish or death resulting from any of 13, UNINTENTIONAL FAILURE TO DISCLOSE these. HAZARDS 17. EXTENDED CANCELLATION CONDITION If you unintentionally fail to disclose any hazards Paragraph 2, of the COMMON POUCY existing at the inception date of your policy, we CONDITIONS-CANCELLATION- applies except will not deny coverage under this Coverage Form as follows: because of such failure, If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Form HA 99 16 03 02 Page 3 of 3