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HomeMy WebLinkAbout2015 CON Barrett Engineered Pumps - Pump Motor Maint and RepairSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BARRETT ENGINEERED PUMPS, INC. THIS AGREEMENT is entered into this 1st day of July, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Barrett Engineered Pumps, Inc. (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide City -Wide on -site pump/motor maintenance repairs, rebuilds, purchases as needed for our fiscal year ending June 30, 2016, and as directed by Rick Hernandez, the City's Facilities Maintenance Supervisor 2. Length of Agreement. The duration of this agreement is through June 30, 2016. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $5,000.00. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. (l If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000.000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 1. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: Risk Manager 1243 National City Blvd National City, CA 91950-4301 8. Hold Harmless. CONTRACTOR shall defend, indemnify, and hold CITY, its Officers, employees, and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONTRACTOR. l O. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. Revised August 2014,2 l l Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction, The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. Revised August 2014 3 CITY OF NATIONAL CITY Leslie Deese, City Manager ROVED AS TO FORM: Cl City Att citua Silva CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336- 4585 Fax: (619)336-4397 Contact: Rick Hernandez Title: Facilities Supervisor Dep.: Public Works rickh@nationalcityca.gov Revised August 2014 BARRETT ENGINEERED PUMPS, INC (Corporation — signatures of two corporate officers required) (Partnership one signature) (Sole proprietorship - one signature) By: (Title) Maine) r` reit (Print) V- / r -co' 5 a dent' (Title) BARRETT ENGINEERED PUMPS, INC. Complete Address: P.O. Box 13130 San Diego, CA. 92170 Phone 619-232-7867 x318 Fax: 619-232-3029 Contact: Eric Eyres Title: Service Manger Email: spdracr@barrettpump.com Taxpayer I.D. No 953202187 4 \ Engineered Pumps opECmuaTyIN PUMPS mPUMPING SYSTEMS P.O.o"xm1oo San Diego mm 92170-3130 16*5maunpa Ave.San Diego CA 92113 Phone (619)23e7867 FAX (6m)uu2-xoms 9/08/25 To: Rick Hernandez City ofNational City Subject: Hourly rates Barrett Engineered Pumps Hourly rates for labor are $10O.0O/hour. For the period of7/1/1S thru 6/30/16 Please contactMeifYou have any questions. Thank You, Eric Eyres Service Manager Barrett Engineered Pumps 1695National Ave San Diego, CA 92113 V: 619- J2-7867x3I8 f:619-232-302O e: spdracr0ahanet1pomp.com F.Irigirteered Pump ARRENGI ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE (NII'AlDDfYYYY)910312015 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 Barney & Barney, A Marsh & McLennan Ins Agy LLC PO Box 85638; CA Lic #0H18131 San Diego, CA 92186 CONTACT Trisha Sabins PHONE FAX lac No. Extl. 858-875 3035 INC, NoI: 858-909-9899 barneyandbarney.com EAD-MAaDRESS: trisha.sabins@barneyandbarney.com INSURER(S) AFFORDING COVERAGE NASC INSURER A: Valley Forge Insurance Company 20508 INSURED Barrett Engineered Pumps, Inc. 1695 National Avenue San Diego, CA 92113 INSURER .B: Continental Casualty Company 20443 INSURER C: ICW Group ----.-.--.__ — INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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 THO' 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 -IAVE BEEN REDUCED BY PAIL? CLAIMS. INSR LTR A ----- -- -__--.-- TYPE OF INSURANCE GEUERALLIABILITY ADDLSUBR INSR X VlvD X ---_.._ ____. , _.__..` POLICY NUMBER 4027039460 "-POLICY EFF MIYDD.rYYYY) 04/01/2015 POLICY EXP (MM/DD/YYYY) 04/01/20161EACIIOCCURRENcI LIMITS $1,000,000 X CCLAM`rf:C: Al GFIJL=RI.L LIABILITYP _ HataSYEa oocllu en;r.l $300,000 DI.A MS MAUL [..,XI OCCUR MED E XP (An one person) $ 5,000 PERSONA(.. A ADV N UI Y 51 ,000,000 GENERAL AGGREGATE $2,000,000 OENL ACCRECATE I !MIT APPLIES PEP.. poi.c.,1 XI JF(1rf I C PRODUCT COMP/OP Aoe $2,000,000 $ AUTOMOBILE LIABILITY X 4027039443 04/01/2015 04/01/201f Ci MBwFD SINCIF-LIMIT Oka �Gxl7(7rll 1,000,000 X ANY AUTO BODILY NJLIRY (Per person) ALL OWNED I AUTOS SCIIEDULED AUTOS BODILY INJURY (Per accideel) $ X I __," HII-)[ A fl l;, X ANUTNCI�iIYUNLLI PROPFRT".DAD+IACr {Per KrIdern r� B X UMBRELLA LIRE X ,,rIR 4027039457 04I01/2015 O4/01I2O16 EACH CCCLIRRENcc $2 000.000 EXCESS LIAB CLAIMS -MADE AGGREGATE 82 000,000 DEC i X REIENTION $10000 C WORKERS COMPENSATION WSD502007803 11108/2014 11/08/2015 X IrgTIA I';'r -, I I«II AND EMPLOYERS LIABILITY AN r I ROPHI. %ARINEWEXI=CIIT VF1Y l N E 1 EA( 111rl (1)1 N r- r11000 o0O Crll r l RlMEM L rt L XCL.UDL.D, I 1N! ML I II (Mandatory in NH) A -- --- ___, L I_ DI Lf SE - FA EMPLOYEE "' $1 ,000,000 I1 yes, describe Lander UE$UFLI IICINLI OPERA IIUNS CeEw E L. DISEASE- POLICY LIMT 51,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS ! VEHICLES (Attach ACORD 101. Ade Aironal Remarks Scheduleit more spat© is required) The City of National City, its respect've elected officials, officers, employees, agents and representatives are Additional Insured with respect General Liabiltiy and Automobile Liability per attached endorsements. Waiver of Subrogation applies with respect General Liability per attached endorsement. CERTIFICATE HOLDER CANCELLATION City of National City Purchasing Department 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 1 of 1 #5501012/M472747 CO 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SABT I NSU RE a Barrett Engineered Pumps Inc POLICY #: 4027039460 CNA POLICY PERIOD: 04,01i2 5 TO 04r01izo16 -.14.041- 12,16;‘ .1.:+S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MANUFACTURERS GENERAL LIABILITY EXTENSION ENDORSEMENT This.ksitisrt.etnent modifies intArrance provided ntier the fofloverrig: ClOtartERGIAL GEN EPAL IAEA-I:17Y COVERAOE PART oomeroge- afforded r.tdide.t-1t1 ext.:els:ton of coverage entrorse:nent does aot. Bpply to any person or OrkitirtZatiOn coveted ati .1.drtitional insuTed on <Viy other endorm.i adw or hereafter attached to tre Coverage Part: 1. PROPERTY DAMAGE - PAITERNS; MOLDS AND DIES Parogrvbe (3) and (41 of i-.7.-yctiston Dornam, to Ptoptirty of SECTION I —EXCLUSIONS do apply !t3 patirtrs. rnaJ o d1e i the care. GuEr.ody or cent:tot of the insured if the patterns, mod o or ao aro riett boirto used to pet:dorm, operations at the time of toss A krry.1 of trasurapt:e of trr2fr rter pi'k period apolos In PROPERTY DAMAGE PATTERNS, MOLDS AND DIES Gnrj n nchicisri wItn Aggregate Lint ao described in SECTION III - JMITS OF INSURANCE. Tiet insurance alloy:Jed by this protwiF,lon 1. is exoetty. over any valid zinc!' so(lertOtole property issurAnc;.e rreittilIag-tr.ny deductible) ova:fable to the insured, and he 011161 isurairtoe Condttionis: changed actordingly, ADDITIONAL INSURED -BLANKET VENDORS WHO IS AN INSUFED (15ectiori HI armided to oldtrIe as. an additional t;asr.ired atyw person or ortyvlizatior r:fstlerree! oPreIcew as yOFIckt?) tIi'A,11C,FB you agreed, bshaaese of a written contract or igreement to :t.gavide incroarroe, but only Yalh respect to '1)0(16 injury' or 'property darnttrpeertsin Cit 'your prodBini* whir:11 are tilstrIbtroti or sold ti*:e regular courtla .c,ff veadets trosta. subleeLto the tole:wit:0 additional exOlusions: 1. The trtstrrance afforded the vocefor does cot tIpply a. *ThaV,i irriary' or kp.roporty dor:11,1;3e" tor whiett, the vender to °brigand ro pay damages by, fezzon the eff.,...:t:rrIpfinn of iiebtlity no. centroct or ago:ow:cot Iltis exclusion cos not apply If) &thirty ior eldirtagen the( the Vcridcir kYrririLi iS1 t;If3 abban-c,,,,a4r,:ii the otrAtaa b. Arty exprtess warrarity cnatithorilad ay you; ArOf Vsical or chemical Charge in the product rriode intentionally by -the vertriar: d. Repackaging: exttoot who nit tlte pcootseU inspeaien, denroitstratkto, ihtft of is twider insittictions !torn G-14404i;,OSt) 121a6) artiticfactrinin. anti then repackaged rn tne original contairicr. e. Arg fail:Ara to make irtspectrons, adtrotrnents: tests er setvltring as the vcodo, itgrcittI te F1,34.0 or normalty unilertzker-, to meke-pr. rbe tiskto; course ol business. in connector: 'Mgt the distribution or sate el the. products: f. Denitintilr•olitt inaAat on_ tiorvising rerpois opeuttraits. except tioidlt et...6:16°ns perfo:tmed at the veridty'ti orettreses ia :ocorwth the sale or the product; PndutwI.co. a(ter: dir,tribution or*ale t))' 'JOU. 1%1V .1.10e'.1 .;11.x..,Itsd rah relator:fled or: imed as a onntair.rer, part or :awe:lie:It of eny other frung or st.abtilade; by te far the yenclor;or h, "Bodily injury' or 'prt.titrty damage' aris4tg out ol ittre oe neglogenete of the vendor for rts .own WAS or on-onto:1 those of. its eni0oyees or anyoae else rrrtfing oil its hth,it (hr'N e,tteltrsion does not apply to: (1) The. suce.ptione ztiriirr,ined in ,Suliparagoaphs..d. cot.; Or i2) Sdeti ittpecartat:.. 3ci:4strner1ts, tests or serrit,sing as the sier,i1Cr. ho:wood to melte or normal), undertakes to matte ir the :s.s..:;al cow Se of business, rn corinu.r.liou thirtit the 11,:ritrib$rricir, nr f,nip& thp: prorittnir4 2, This ill,sumr4z S not aPply to ariy. inSoted persrm: or organization, from whorl you .have Ber.ltired .?sucit p dijrtdz .4:11y :ildredie4r.it, part or contain6r irilo,:k.lcoompat*Ing t-,ontoning 3. pie:vision 2- dues.' not appty tr.1 any ver:doi by rut at:donrrytthyfri..; istt..teiti by ;.: iraJ meek-, port of this Corarttgo Part. 4. Thooreaiston 2. does not ad:ply injury; or "p:operty damage' minded within are 'prodttce:s-cciriploteri ope:atiott; Kett:1rd' Gxclut,i,ed (sithlY by Ilse pooviaions of the otarerogd Parr or by ertriorsernerat Pop •of 0 MISCELLAttlEOLIS ADDITIONAL INSUREDS WHO IS At1/41 41; an instored any 1.:e:J,:tr, rit on:,,raft,Litt,Lth Fa:4*i add:trona! :1st:trod) desdrine,O Irt paraqmpils bolow wfr:44-.1 :ytou are rcquired to odd ait adtitional trtsuted or: jj poky wider ES wr4ten contrast Or agreement :-Art the antter co-rt:r.tfct or greernertt 1. CLar in effect or bei;:orni:ig oftedlititt cittonfr tbe term oi trto patty, arid 2. &eel it.ezt priort th bedily ctaintw.e* t>nd IT a rid ..-irtt,rertifitng but Ont'y the folloWinct p' orort;tan:zaztorts are adO11onai, irtrtureds IL,:rtriet this encic4sement and ocvverage t:mov;i:ted s.t.r.L..te: is lirnsted as. provv.-ied herein a. Additlortal tnOuret 'Tour ,Nork" prsoOf orl3an:?..attort, for whon-o,io: actditcwitti rtrs:,.red bultiy for rirr negtriltthe gper,ifittettlty ret:utting t:torn vroric' for .the acik1,tirtrel insoredwhicli th?.. subject 3f fi:74 Vertifail C,ontraat ct 1,,,rottert agreement No cow:ago a.r:ptios.i k4yresutting from the sote, necitgence of the addloriai insur.ocl. the ::::Kst.,iran,xt provtried to the adaitktriai insured is II! ad a:slam:vs' (1) The. 1.inzittt Maurante app:.icable to ttift arta:roc:1i tn,s‘..irea Are spect:fir.t in the oontract cr written :,greirrnerft. .or n the Lert'tktrat COISoiv.whionov,Ir iess. Mesa timiz of insurance are IfidMr.h'i Of. arid niJI f1 Cilfinfl i3. tilt? li!ikIS• Sfitis,Vflf1tlie. (2) The dr.tveracie provided to the atitttorta.i :int:tott4»yparagralittl. I.e., does net apply to 'boilN! or 'nftdperty dJarYtrIg. not. or the 'prruliirtts-nompIt olserristnns bazat,t,c' ante ss: (a) it renthred by ihe wr,,th!n or Writ:ter. agreement: flc (131 UdiJyoi;.zry` or "tot operiy darrinae" inciitded within the hazard' is not excturied either by the po.:(3.1011 11>f t2to. I3overnne Part why E.-r,1,31'SGM4fit (Ed. (2.1013) (Ed. 12/06) 43) The 'Insurance ,t,rovided to tirie ath.litkt,nat der: not apt/ to "trotirty rriittry."voperty dal:race," "per:soy:al and acivertistng ir rjury' out of tiler rr-ltderrng or laive tfk,,,enderr any prat:et:Arc:17;d ttertrceat: b..State or Political Scibdivisions A stare r.r tf") ti:re totrowing protizsions. 1) (2) This in aprOof, on]tf vth resswl to the ,.ottotivtri1,3 ard io: itenic:h the i;tale pCai cortrectian with prernmes you own, rent, or eontroi and r3 whioh this triserano appliee: (a) The exisiett,ce rr:girstr.ance, rf,pair, coostrtictior, efteot:orr; ff:.-FlitIV:11 ofn VififIfl3 Si:0115‘. klAill:FIC2 (Alnap..,.:Z, C.fi') la! entrortect.-. coal t.tokt.3. tinvoAtayo, rnanhofety, rflort.t000s "noiatavotay devattlk vautts, brine. rdeCr...11" ait01.ti crtd t..rirnitor oct,sr.tret::;., (b) lre constroctron. erector-1, ot removal Of etevatetts, Tits rartt-te .appiies only with ntrnprx operiitorit, prtirtorc,w1 hy yet.: 12f on your boht(11 state .0; txtIrticai sadnitstort has isu9U 0fit. This thsticii, ciooe rior app:y 'Ltodity iniLrry_-1proper4,. zind j,of operattr.,r,t, primdct c:J! the 5tate rrtonicipality c, tontrotirig Interest Any :parsons mt orltisniztiLortr: with a corttrt314rig irgerEnq yo but ordy vth .respent. to their fizna:i4 zrsg DLA oF (1) Their imencia... oontrolof Vtau: or (2) Premishe uwrmr(4.ert)n or cortettty white yoit tease or occupy th&le prernistos To tos•Jra:Ice does not aapty to stn.:idiot-at aftertions., now at:instruction demotition operittrions pertormfd by or for st.oetiti act ddi onal :rued. ti. Managers cir Lessors of Fremisis A manawr or r';5.sor prettirtr41; or4 with respect to liatritit; 5ricing cut ofMfi Page 2 cif ownership. rrsa4titenartca or ;Ise of !heti spestfre part of the pfortiisOS icaied .to you. and ssitietzt to trte 'es).t.4t.stiesfa,: 117.tittt iasurarefra doe's. nrf.t aprriy to: (1) Ariy socc,twennii` whiich takiz ("face a yoy r.-..ePase, be rer:stri in dam protatees,t (2) Sttur atteutdxt,s, dea.tolition 04n-storm' ptsrforrnee ly,t- or or behalf a e, k4ortgae, Ast'Aimee or Receiver arcrtclaciffe, assirztee Crroi1--,..e,Aror (sot. enty reepoot tc their tritSbiTity mortgage& assvatset, or 'ieceiver and fyi4. t iiott ownership., irtamtisitartiLe...cr u$a DI a. prtinis.ez. you. Th insvnarce does not apply zc sIrtrettrrai Oetttahonr, t.ttty construotioa dmI:g.MatIons berfvireci by r)',7' for .addthonal Li-rad f. OWnerstOther interests Lind le i_easeci An owner or other iritcrost horn whorr liasrbeen iearsed by yo',.lbs-t (Jr;ly vtith respect to tiibiIiy artsire out of the r.rw,rership. masnifionc9 .ar .)59 a that spe,:iitripar!.o tha and 1,...tosed to. you and .stibject to the tellOwing J441i4arlai Titis iro.tiroszLe does ttitLi..01.114 (1) Any 'oecure' Lth wt;I:st=ih brrd: .414 (2) Strt.;:l.vral alisra1:orLtS, soor;trt,tertori er.detroIitooperattoits me6 I).; of on behaff osi.Lth additiorait it-nSur-ed. CO -owner of int•uce4 Promi3e3 A r;,-,„c.,mer of a pro-airmn ork-osyneitti by you and i.:tover.od antior This irsliraneelnit only with reni,f3:st.:toThesa-ovitlehS nobility 75 fAI-OWIlel: O 4.V.;11 PR:Alt:Set", h. LC3301 of Equipment :Any- psrser or afy..:nnitt.tattart ttorn whoa-, you ieaac erz-Ja.zr.ent persort or argarization are .nritLreas only wittn teaf ft:I:A.143 i!ui 1b rrg (W1 Ur. .fraintfenapQa, aperahott ust-e by yOu of .oquipraort based to yob by sucl-hpartsort C4-1 440-111,C99. ;Ed. t2.'06) 0-.544041-C9P 12106) orojrcial.uzaton. A person',10 orlons sIettis as ar irZufed Limcier 11116 Eird0f8/M1101):t eo,de ..Aten their weinen cor.tract or agreeivert with you or etp.tipirant ends. VVth respect ttoih itIsuranix .offorded addltiona tbt foiirovim additionai exdusions appty; This irmirance does rnt apply: 0} To anyt wri,oh tah.es oxistretss. 1.7f (2) To '1.1odtly 1114Q1y,—.opc.;Fly damage' 'pereoral and adyerrish-td mttry" wising nut nf such addaenahir,f;uns.d, A iV iristirtant..tt. .rt atriL1,1}1"41,11 desipitated urd uascoaptift b, throurjr h. above cloes net appiy to 1:or.16 injury' or 'proOerty dataacfe' inc„ii.xed w.tihn the 'ductis-completeri aratiorrs hazard.' A5 r”pects the covettarje urcrtef.1 .ridetins endorseraeot, ParsKyaph 4.b, SECTION IV - COMMERC.IAL GENERAL. CONDITIONS, is.t tz-el and repla.o.t.A vi the faiicw:n(t. 4. Other Inntrance b. Excesl.: Ti i:lsiirance„iseit,ects Arty: other at',!e nar.tintit the oddltior)rii instead at art mstired tt.ittetitter print em,,et•s., corttioutatr or at: stry other bssLs isleas wrftfr1 r...rJotraLta agreitt.trieflt specaally roi:p.phrss tisieL tH5 Lnsfitmortaflit piitri,lity prirosiry cod nuncort!ALAri,g Aber& requited k,? watten eentraol or ag•eten'tent. ant6iil consider r ny ot.rfar 4wi.rartol, maintained by tile ...-tiddliertui insti:id for 14jry 13F drng,.:avered i-Ly this endarserner t in e excess and nannantribtAing with iiratitatica. 4. NEWLY fORMED ORGANIZATIONS Paragraht 3.e.. DI Sectlan II - Who Is An Insured arra reFshoodiw tfrillOWing- CrA'efage-i.Mtier ihiSprGvf.sion JC yinfil the and or the poIlcy period or ht next anrprver9ziry af fris policy's effestre date after you .7:quire cr form the orrytization. Voiebetter evtits. OR ACQUIRED Page 2 INSURED' POLICY #: Barrel! Engineered Pumps, Inc. 4027039443 POLICY PERIOD: 04/0112015 TO 04101,2016 SCA 23 500D (Ed. 10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT - BA PLUS This endorsement modifies Insurance provided under the fallowing: BUSINESS AUTO COVERAGE FORM 1. A. LIABILTY COVERAGE Who Is An Insured The following is added to Section II, Paragraph Al., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insiirance afforded by this provision A.1. does not apply to any such entity that is an "insured"' under any ether liability "policy." providing "auto" coveraue. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition cr formation date, and is afforded only until the end of the policy period of this Coverage Form. or the next anniversary of its inception date. whichever is earlier. b. Does not apply to: (1) "Bodily injury- or "property damage" caused by an "accident" that occurred before you enquired or formed the organization; or (2) Any such organization that is en "insured" under any other liability "policy" providing "auto" coverage 3. Any person or organization that you are obligated to provide insurance where required by a written contract or .agreement is an insured, but only with respect to lea; responsibility for acts or omissions of a person fur whom Liability Coverage is afforded under this prilicy 4. An "employee" of yours is an "insured" while operating an "Auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, whale performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception data of this Coverage Form but: SCA 23 500D (Ed. 10111) 1, Which are no longer in force. or 2. Whose limits have been exnausted, B. Bali Bonds and Loss of Earnings Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a,(2), the limit for the cost ut bail bonds is increased from S2,000 to $5,000, and 2. in a.(4), the lirnit for the loss of earnings is increased from S250 to $500 a day. C. Fellow Employee Section II, Paragraph B.S does not apply. Such coverage as is afforded by this provision C.; is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Towing Section III. Paragraph A.2., is revised to include Light Trucks up to 10.000 pounds G VW. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section Itt, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations wit not apply to gfass breakage if such glees is repaired, in a manner acceptable to us, rather than replaced Transportation Expenses Section itt, Paragraph A.4.a. is revsed, with respect to transportation expense incurred by you, to provide' a. MG per day, in lieu of $20; subject to b. 51,800 Makinturn, in lieu of 5e00 Loss of Use Expenses section in, Paragraph A.4.b. is evised, witr respect to loss of use oxpenses incurred by you, lc provide: a, $1,000 maximum, in lieu of S60C Personal Property The following is added to A.d. B. 13, D. E. Cupwigtrt. /,NA t;otp*riol, :MO 1,11.40,3 c,reight,1 rrOtkitiol uf it, tt", I, Paragraph Page 1 of 3 CNA c. We will pay up to $500 for loss to Personal Property which is. ) Owned by er. Insured-: and (2} In oron the covered "auto." This coverage applies only in the eventef a total theft cf your covered "auto." This insurance is excess over any other collectibie insorence And no deductible applie_e F. Rental Reimbursement The following is added to Section III, Ptraraph AA.: G. d. Wer will pay ror rental reimbursement expenses incurred Dy you for, the rental of an "auto" because of "loss" to a covered "auto " Payment apoires in addition to the otherwise applicable amount of each coverage you have on a covered "auto No deductibles apply to this coverage, 1. We will pay only for those expenses incurred during the policy paned beginning 24 hours after the "loss' and ending, regardless of the policy's expiration, with the lesser of the following number cf days: (a) The number of days reasonably recuired to repar ar replace the coveree "auto-, or, (b) 15 days. 2. Our payn-ient is limited to the lesser cf the following amounts. (a) Necessary and actual expenses incurred: or, (b) $25 per day subject to a maxiirturn of $375 3. This coverage does not apply while there are spare or reserve "autos" available to you tor your operations. 4. If "loss" resuls from the total theft of covered "auto" of to private passenger typo, we will pay tinder this coverage only that amount of your rental reimbursement exper,ses which is net already provided for uncer the Physical Damage Coverage Extension. Hired "Autos" The following is added to Section III. Paragraph A.: 6. Hired "Autos" If Physical Darnage coverage is provided under this policy, and such coverage (does not extend SCA 23 500D (Ed 10(11) H. SCA 23 500D (Ed. 10/11) to Hired Autos, then Physical Damage coverage is extended to a. Any covered "auto" you lease, hire, rent or borrow without a driver; arid b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name. with your perntission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss' is the actual cash valt:e, cost et repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto No dedtJctblo applies to 'less" caused by fire or lightning. d. The anysical damage coverage as is provided hy this provision will be limbed to the types of physical damage coverage(s) provided on your owned "autos.' e. Such physical damage coverage for hirod "autos' will: (1) Include 1055 of use, provided it is the consequence of an "acident" for which Inc Named Insured is legally liable. and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1 ) will be subject to a limit c! 3750 per "accident.' Airbag Coverage The following is added to Section III, Paragraph 8.3, The accidental discha•go of an airbag shall not be considered mechanical breakdown. Electronic Equipment Section HI, Paragraphs B.4.c and B,4.d. are deleted and replaced by the forowing: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installod electronic equipment includrnc its antennas and other accessories d. A $10C per occurienco deductible applies to the coverage provided by this provision. 4.. Diminution In Value The follty,ving is added to Section III, Paragraph B.6. ::e1A 20.1) riopyilgeted of the tieisLir.itriii:e 8ervices Mile used Win" Page 2 of 3 CNA Subject to the following, the dimnution in value" exclusion does not apply to: a. Any covered "auto,' of the private passenger type you lease., hire rent or borrow. without a driver. for a period of 730 days or less, while performing duties related to the conduct ot your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a per od of 30 days nr lass, under a contract in that ndvithial 'employee's" name. with your permission, while performing duties related to brie conduct of your iy...isiness. c. Such c...,verage as is provided by this provision is limited tu s, "diminution in valueless arising directly out of accdental damage and not as a re.sult of the foliar° to mac- repairs; faulty or incomplete maintenance or repairs; nr the installation of substandard parts. d. The rnost we will pay for "foss' to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the ''auto's" actual cash value (ACV) Drive Other Gar Coverage — Executive Officers The following is added to Sections II and III: 1. Any 'auto" you don't own. Kro or borrow is a covered "auto" tor Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any uf your "executive offrcers." except a. An "auto" owned by that "executive officer" or a member of that person's household; ur b. An "auto" used by that "executive officer" while working in a business of selling, serjcing, repairing cr parking ''autos." Such Liabiiity ancl/c,-r- Physical Damage Coverage as 11., afforded by this provision will 05 (1) Equal to the greatest of those coverages afforded any covered 'auto": and (2) Excess over any other cclictible insurance, 2. For purposes of this provision "executive officer" moans a person holding any of the. SCA 23 500D (Ed, 10;11) SCA 23 500D 10111) officer positions created by your charter, ccnstitution, by-laws or .any ether similar governing document. and, while a resident of the same household, includes that person's spouse. Such ''executive officers". ere "insured Whiter using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event. Of Accident, Claim, Suit Or Loss The following ;s added to Section IV, Paragraph A.2.a. (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, ..in,cs,s such "accident" nr "loss' is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager The following is added to Section IV, Paragraph A.2.b. (6) Youi "empLyee5" may know of documents received concerning a claim or "suit," This wil! not mean that you have such knov.ledge, unless receipt of such documents is known to you or il you are not an indiv:clual, to any of your executive officers or partners or your insurance manager. B. Concealment, Misrepresentation or Fraud The following is added to Section IV. Paragraph 8.2. Your failure to disclose all hzercIS existing on the dale or' inception. of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not inte.ntional. C. Policy Period, Coverage Territory Section IV, Paragraphs 7.(5).(a). is revied to provider a. 4.5 days of coverage in lieu of 30 days V. DEFINITIONS Section V. Paragraph C. is deleled and replaced by the following "Bodily injury" rne.,..:ris bodily injury 5,chileSs or disease sustained by a per sun, including mental anguish. mental injury of death resulting from any of these epyriglt, CNA CorForatii, 2000 Page 3 o cor-ssnrsliert rf ataro.; i te rice toi,11.v0r, its prrl,z1a^... INSURED: L3rrii Engineered iurrps, POLICY #: '1027039460 POLICY PERIOD: 04/01/2015 TO 04101/2016 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of National City Purchasing Department 1243 National City Blvd. National City, CA 9050 The City of National City, its respective elected officials, officers, employees, sgentii; ardrepresetrtatives are Additional Insured with respect General Liabiltiy and Automobile Liability per atiachedendorsernents. Waiver of Subrot;alion ippIies with respect General Liability per attached endorsement. Information required to complete this Schedule. if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk October 12, 2015 Mr. Eric Eyres Barrett Engineered Pumps, Inc. P.O. Box 13130 San Diego, CA 92170 Dear Mr. Eyres, On July 1st, 2015, an Agreement was entered into between the City of National City and Barrett Engineered Pumps, Inc. We are enclosing for your records a fully executed original Agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure