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Home My WebLink AboutPatterson Brothers Lighting Inc; 2021-11-10; PWM22-1708TRANPWM22-1708TRAN Pole And Mast Arm Replacement Page 1 of 9 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT POLE AND MAST ARM REPLACEMENT This agreement is made on the ______________ day of _________________________, 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Patterson Brothers Lighting, Inc., a California corporation whose principal place of business is P.O. Box 2037, Lakeside, CA 92040 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Matt Paxson (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: FFC7C753-1043-4205-8E48-8A754DB8DDBD November 10th PWM22-1708TRAN Pole And Mast Arm Replacement Page 2 of 9 City Attorney Approved 1/20/2020 Kyle Patterson FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ___________________________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. DocuSign Envelope ID: FFC7C753-1043-4205-8E48-8A754DB8DDBD PWM22-1708TRAN Pole And Mast Arm Replacement Page 3 of 9 City Attorney Approved 1/20/2020 INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ninety (90) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Patterson Brothers Lighting, Inc. P.O. Box 2037 (name of Contractor) 501334 (street address) Lakeside, CA 92040 (Contractor’s license number) C-10 Electrical 11/30/2022 (city/state/zip) 619-390-2875 (license class. and exp. date) 1000007848 (telephone no.) 619-390-2875 (DIR registration number) 6/30/2024 (fax no.) kyle@pattersonbrotherslighting.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: FFC7C753-1043-4205-8E48-8A754DB8DDBD PWM22-1708TRAN Pole And Mast Arm Replacement Page 4 of 9 City Attorney Approved 1/20/2020 /// AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR PATTERSON BROTHERS LIGHTING, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Kyle Eugene Patterson, President & CFO Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: FFC7C753-1043-4205-8E48-8A754DB8DDBD PWM22-1708TRAN Pole And Mast Arm Replacement Page 5 of 9 City Attorney Approved 1/20/2020 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract NONE Total % Subcontracted: 0% The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: FFC7C753-1043-4205-8E48-8A754DB8DDBD PWM22-1708TRAN Pole And Mast Arm Replacement Page 6 of 9 City Attorney Approved 1/20/2020 EXHIBIT B Pole and Mast Arm Replacement Contractor will provide all labor, equipment and materials (unless otherwise specified) necessary to install three new streetlight poles, two new mast arms, and two new ballards located in the City of Carlsbad. 1. State St. alley behind 2957 State St., WO#639506.: Contractor shall supply and replace new 2B2-26 pole and mast arm on existing foundation with city supplied fixture and photocell. In addition, contractor will supply, install and paint yellow 2 new bollards on the north side of light pole. 2. West bound Alga Rd. across the street from 2035 Alga, WO#651640: Contractor shall remove existing damaged pole and replace with new contractor supplied 2B2-26 pole and mast arm with city supplied fixture and photocell. City shall provide traffic control as needed for up to 2 working days. 3. Northwest corner of Harding and Grand, WO#642575: Contractor shall provide and replace new 5B1-26 pole and mast arm on existing foundation. Contractor shall install city supplied fixture and photocell. 4. 5051 Shore Dr., WO#65474: Contractor shall supply and install new mast arm and city supplied fixture and photocell on existing 2B2-26 pole. 5. 5201 Shore Dr., WO#645989: Contractor shall supply and install new mast arm and city supplied fixture and photocell on existing 2B2-26 pole. 6. Stevens Circle, WO#651934: Contractor shall remove existing damaged pole and replace with new contactor supplied 2B2-26 pole and mast arm with city supplied fixture and photocell. Contractor will return all poles to complete working condition. Once pole is replaced contractor shall replace all foundation caps and remove all form boards. With the exception of Alga Rd., all required traffic control will be provided by the contractor in accordance with the latest edition of the California Manuel on Uniform Traffic Control Devices (CAMUTCD). All work shall be performed in accordance with the City of Carlsbad’s Engineering Standards, the 2018 Standard Specifications for Public Works Construction (Greenbook), and 2018 Caltrans Standard Plans and Caltrans Specifications. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 State Street (Alley way) $6,250 2 LS 1 Alga Rd. $4,750 3 LS 1 Harding and Grand $5,850 4 LS 1 5051 Shore Dr. $1,200 5 LS 1 5201 Shore Dr. $1,200 6 LS 1 Stevens Circle $4,250 TOTAL* $23,500 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: FFC7C753-1043-4205-8E48-8A754DB8DDBD PWM22-1708TRAN Pole And Mast Arm Replacement Page 7 of 9 City Attorney Approved 1/20/2020 EXHIBIT B CONTINUED (SITE IMAGES) Pole and Mast Arm Replacement DocuSign Envelope ID: FFC7C753-1043-4205-8E48-8A754DB8DDBD PWM22-1708TRAN Pole & Mast Arm Replacement Page 8 of 9 City Attorney Approved 1/20/2020 EXHIBIT B CONTINUED (SITE IMAGES) Pole and Mast Arm Replacement DocuSign Envelope ID: FFC7C753-1043-4205-8E48-8A754DB8DDBD PWM22-1708TRAN Pole & Mast Arm Replacement Page 9 of 9 City Attorney Approved 1/20/2020 EXHIBIT B CONTINUED (SITE IMAGES) Pole and Mast Arm Replacement DocuSign Envelope ID: FFC7C753-1043-4205-8E48-8A754DB8DDBD ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/13/2021 (858) 869-8331 (858) 869-8301 39993 Patterson Brothers Lighting, Inc.P.O. Box 2037 Lakeside, CA 92040 23787 39993J 35076 A 1,000,000 X 600GL017738801 7/1/2021 7/1/2022 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B ACP3067201492 7/1/2021 7/1/2022 2,000,000C XS4265992 7/1/2021 7/1/2022 2,000,000 D X 9136470-2021 7/1/2021 7/1/2022 1,000,000 1,000,000 1,000,000 Automatic forms apply as required by written contract with the named insured. Certificate Holder is included as Additional Insured as respects General Liability per written contract, Per form(s) CG2010 (07-04) & CG2037 (07-04) attached. Waiver of subrogation applies as respects workers compensation per the form SCIF Form 10217 (Rev 07-2014) attached City of Carlsbad/CMWD C/O EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 PATTBRO-01 MARGARETKILLION NFP Property & Casualty Services, Inc.3636 Nobel DriveSuite 100San Diego, CA 92122 Sherry Parlan Sherry.Parlan@nfp.com Colony Insurance Company Nationwide Mutual Insurance Company Colony Insurance Company State Comp Insurance Fund of CA Aggregate X X X X X X X POLICY NUMBER: */ COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES ORCONTRACTORS – SCHEDULED PERSON ORORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations All persons or organizations as required by written contract with the Named Insured. As designated in written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B.With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which theinjury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi-pal as a part of the same project. POLICY NUMBER: */ COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES ORCONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Opera- tions All persons or organizations as required by written contract with the Named Insured. As designated in written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the "products-completed operations hazard". COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Policy No. 600GL0177388-0 11 2 34545657 34545657 :# . 5#45;<<=$8"8 !"#$%&!'!"$%%#$(#%# )*!"$&!+$" +",- ./ +%! !,+!"$ #'.%#$(#%# )*!"$&!+$" !"# $#%&'%"#( $ 0 1 23 ' # 4 # 1 . 5 2 52 , 4 + )* #! %$+'! ,"- . $%#!' '+ ! " ! ,'%"#/"#0%'%"#!( 6 3 3 3 0 . 2 2 3 7 83 3 9379 0 9 094 3 0 . 2 4 Policy No. 600GL0177388-0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. U483-1115 Page 1 of 1 EXCLUSION ± DEDICATED INSURANCE PROGRAM(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION I ± COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2. Exclusions is amended and the following added: This insurance does not apply to: Dedicated Insurance Program(s) ³bodily injury´ or ³property damage´ arising out of either your ongoing operations or operations included within the ³products-completed operations hazard´ at any project(s) which is, or was subject to a ³dedicated insurance program´. This exclusion applies whether or not the ³dedicated insurance program´: 1.provides coverage identical to that provided by this Coverage Part; 2.provides coverage to one or more contractors; 3.provides multiple lines of coverage; 4.has limits adequate to cover all claims; or 5.remains in effect. B. SECTION V ± DEFINITIONS is amended and the following added: ³Dedicated insurance program´ means wrap-up program(s), owner controlled insurance program(s), contractor controlled insurance program(s), or other job(s) or project specific policy / program(s) whether provided by you, or any other person or entity for which you are an insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. */ COMMERCIAL AUTO AC 70 05 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION GOLD This endorsementmodifies insuranceprovided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired or Formed Entities C. Employees as Insureds Q Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. SupplementaryPayments Q Bail Bonds F. SupplementaryPayments Q Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employee Q Officer, Managersand Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos Q Physical Damage Coverage L. ExpandedTowing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts Q Leased Private PassengerTypes O. Deductible Amendments P. Rental Reimbursement Coverage Q. ExpandedTransportation Expense R. Extra ExpenseQ Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost U. Physical Damage Coverage Extension V. Transfer of Rights of Recovery Against Others To Us W. Section IV Q Business Auto Conditions Q Notice of and Knowledge of Occurrence X. Hired Car CoverageTerritory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 03 16 Page 1 of 7Includes copyrighted material of InsuranceServices Office, Inc. with its permission ACP BA 3057201492 LBBA 20125 INSURED COPY AC7005031600 0001 47 0039226 Policy No. ACP3067201492 COMMERCIAL AUTO AC 70 05 03 16 If specifically required by the written contract orA. EFFECT OF THIS ENDORSEMENT agreement referenced in the paragraph above,Coverage provided under this policy is modified any coverage provided by this endorsement toby the provisions of this endorsement. If there an additional insured shall be primary andis any conflict between the provisions of this any other valid and collectible insurance availendorsement and the provision(s) of any stateable to the additional insured shall be nonspecific endorsement also attached to this policontributory with this insurance. If the writtency, then the provision(s) of the statespecific contract does not require this coverage to beendorsement shall apply instead of the proviprimary and the additional insuredNs coverage tosions of this endorsement that are in conflict,be noncontributory, then this insurance will bebut only to the extent of the conflict, and only to excess over any other valid and collectible insurthe extent necessary to bring such provisions anceavailable to the additional insured.into conformance with the state requirement(s) containedin the provision(s)of the statespecific endorsement.E. SUPPLEMENTARY PAYMENTS N BAIL BONDSB. NEWLY ACQUIRED OR FORMED ENTITIES Supplementary Payments of SECTION II QThe Named Insured shown in the Declarations is COVERED AUTOS LIABILITY COVERAGE isamended to include any organization you newly revised as follows:acquire or form, other than a partnership, joint venture, or limited liability company, and over (2) Up to $2,500 for cost of bail bonds (includingwhich you maintain ownership or majority (more bonds for related traffic law violations) than 50%) interest; if there is no other similar inrequired because of an OaccidentP we cover. surance available to that organization. Coverage We do not have to furnish these bonds.thunder this provision is afforded until the 180 F. SUPPLEMENTARY PAYMENTS N LOSS OFday after you acquire or form the organization or EARNINGSthe end of the policy period, whichever is later.Supplementary Payments of the SECTION II QC. EMPLOYEES AS INSUREDS N NONOWNED COVERED AUTOS LIABILITY COVERAGE isAUTOSrevised as follows:The following is added to paragraph A.1. Who Is (4) All reasonable expenses incurred by the OinAn Insured of SECTION II Q COVERED AUTOS suredP at our request, including actual lossLIABILITY COVERAGE:of earnings up to $500 a day because of d. Any "employee" of yours is an "insured"time off from work.while using a covered "auto" you don't own,G PERSONAL EFFECTS AND PROPERTY OF.hire or borrow in your business or your perOTHERS EXTENSIONsonal affairs.1. The. Care, Custody or Control Exclusion ofD. ADDITIONAL INSURED BY CONTRACT,SECTION II Q COVERED AUTOSPERMIT OR AGREEMENT LIABILITY COVERAGE, does not apply to The following is added to A.1. Who Is An In"property damage" to property, other thansured of SECTION II Q COVERED AUTOS your property, up to an amount not exceed LIABILITY COVERAGE:ing $250 in any one "accident". Coverage is excess over any other valid and collectibleAny person or organization that you are re insurance.quired to name as an additional insured in a written contract or agreement that is executed 2. The following paragraph is added to A.4. or signed by you prior to a Obodily injuryP or Coverage Extensions of SECTION III QOproperty damageP occurrence is an OinsuredP PHYSICAL DAMAGE COVERAGE: for Covered Auto Liability coverage. Howc. We will pay up to $500 for your propertyever, with respect to covered OautosP, such that is lost or damaged as a result of aperson or organization is an insured only to covered OlossP, without applying a dethe extent that person or organization qualifies ductible. Coverage is excess over anyas an OinsuredP under A.1. Who is an Insured of other valid and collectible insurance.SECTION II Q COVERED AUTOS LIABILITY COVERAGE: Page 2 of 7 AC 70 05 03 16Includes copyrightedmaterial of Insurance Services Office, Inc. with its permission ACP BA 3057201492 LBBA 20125 INSURED COPY AC7005031600 0001 47 0039227 COMMERCIAL AUTO AC 70 05 03 16 H. PREJUDGMENT INTEREST COVERAGE substitute for a covered "auto" you own that is out of service because of its:The following paragraph is added to SECTION II Q COVERED AUTOS LIABILITY COVERAGE,a. Breakdown; 2. Coverage Extensions, a. Supplementary b. Repair;Payments:c. Servicing;(7) Prejudgment interest awarded against the d. "Loss"; orOinsuredP on that part of the judgment we e. Destructionpay. If we make an offer to pay the appli cable limit of insurance, we will not pay The coverage that applies is the same as any prejudgment interest based on that the coverage provided for the vehicle being periodof time after the offer.replaced. I FELLOW EMPLOYEE N OFFICERS,. MANAGERS, AND SUPERVISORS L EXPANDED TOWING COVERAGE. The Fellow Employee Exclusion in SECTION II 1. We will pay up to:Q COVERED AUTOS LIABILITY COVERAGE is a. $100 for a covered "auto" you own ofreplaced as follows;the private passengertype, orA. "Bodily injury" to any fellow "employee" of b. $500 for a covered "auto" you own thatthe "insured" arising out of and in the course is not of the private passengertype,of the fellow "employee's" employment or for towing and labor costs incurred eachwhile performing duties related to the con time the covered "auto" is disabled. Howevduct of your business. This exclusion does er, the labor must be performed at the placenot apply to an "insured" who occupies a of disablement.position as an officer, manager, or supervi sor.2. This coverage applies only for an "auto" covered on this policy for Comprehensive orJ HIRED AUTO PHYSICAL DAMAGE. Specified Causes of Loss Coverage andIf covered "auto" designation symbols 1 or 8 apCollision Coverages.ply to Liability Coverage and if at least one "au3. Payment applies in addition to the otherwiseto" you own is covered by this policy for Com applicable amount of each coverage youprehensive, Specified Causes of Loss, or Collihave on a covered OautoP.sion coverages, then the Physical Damage coverages provided are extended to "autos" you M AUTO LOAN OR LEASE COVERAGE. lease, hire, rent or borrow without a driver; and 1. In the event of a total "loss" to a coveredprovisions in the Business Auto Coverage Form "auto", we will pay any unpaid amount dueapplicable to Hired Auto Physical Damage apply on the loan or lease, including up to a maxup to a limit of $100,000. The deductible will be imum of $500 for early termination fees orequal to the largest deductible applicable to any penalties, for your covered "auto" less:owned "auto" for that coverage. Any Comprea. The amount paid under SECTION III Qhensive deductible does not apply to fire or PHYSICAL DAMAGE COVERAGE oflightning.this policy; andK. TEMPORARY SUBSTITUTE AUTOS N b. Any:PHYSICAL DAMAGE COVERAGE 1) Overdue lease/loan payments at theThe following is added to paragraph C. Certain time of the "loss";Trailers, Mobile Equipment And Temporary 2) Financial penalties imposed under aSubstitute Autos of SECTION I COVERED lease for excessive use, abnormalAUTOS: wear and tear or high mileage;If Physical Damage Coverage is provided by 3) Security deposits not refunded by athis Coverage Form, the following types of lessor;vehicles are also covered "autos" for Physi cal Damage Coverage:4) Costs of extended warranties, Credit Life insurance, Health, Accident, orAny "auto" you do not own while used with Disability insurance purchased withthe permission of its owner as a temporary the lease; and AC 70 05 03 16 Page 3 of 7Includes copyrightedmaterial of InsuranceServices Office, Inc., with its permission ACP BA 3057201492 LBBA 20125 INSURED COPY AC7005031600 0001 47 0039228 COMMERCIAL AUTO AC 70 05 03 16 5) Carryover balances from previous No deductible applies to glass if the glass is re leases.paired, in a manner acceptableto us, rather than replaced.2. This coverage only applies to a "loss" which is also covered under this policy for ComP. RENTAL REIMBURSEMENT COVERAGE prehensive, Specified Causes of Loss, or 1. This coverageapplies only to a covered "auCollision coverage.to" for which Physical Damage Coverage is 3. Coverage does not apply to any unpaid provided on this policy. amount due on a loan for which the covered 2. We will pay for rental reimbursement exOautoP is not the sole collateral.penses incurred by you for the rental of an N. ORIGINAL EQUIPMENT MANUFACTURER "auto" because of "loss" to a covered "auto". PARTS N LEASED PRIVATE PASSENGER Payment applies in addition to the otherwise TYPES applicable amount of each coverage you have on a covered "auto." No deductiblesUnder Paragraph C. Limit of Insurance of apply to this coverage.SECTION III Q PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows:3. We will pay only for those expenses incurred during the policy period beginning 24 hours4. We will use new original equipment vehicle after the "loss" and ending, regardless of themanufacturer parts for any private passenpolicy's expiration, with the lesser of theger type covered OautoP where required by following number of days:the lease agreement which has a term of at least six months. If a new original equipa. The number of days reasonably ment vehicle manufacturer part is not in prorequired to repair or replace the covered duction or distribution we may use a like,"auto". If "loss" is caused by theft, this kind and quality replacement part.number of days is added to the number of days it takes to locate the coveredO. DEDUCTIBLE AMENDMENTS "auto" and return it to you.The following are added to the Deductible provib. The number of days shown in thesion of SECTION III Q PHYSICAL DAMAGE Schedule.COVERAGE: 4. Our payment is limited to the lesser of theIf another policy or coverage form that is not an following amounts:automobile policy or coverage form issued by this company applies to the same OaccidentP, the a. Necessary and actual expenses following applies:incurred. 1. If the deductible under this coverage is the b. $75 for any one day or for a maximum smaller (or smallest) deductible, it will be of 30 days. waived:5. This coverage does not apply while there 2. If the deductible under this coverage is not are spare or reserve "autos" available to you the smaller (or smallest) deductible, it will be for your operations. reduced by the amount of the smaller (or 6. If "loss" results from the total theft of a covsmallest) deductible.ered "auto" of the private passenger type, If a Comprehensiveor Specified Causes of Loss we will pay under this coverage only that Coverage OlossP from one OaccidentP involves amount of your rental reimbursement ex two or more covered OautosP, only the highest penses which is not already provided for un deductible applicable to those coverages will be der SECTION III Q PHYSICAL DAMAGE applied to the Oaccident,P if the cause of the loss COVERAGE Coverage Extension. is covered for those vehicles. This provision only Q EXPANDED TRANSPORTATION EXPENSE.applies if you carry Comprehensive or Specified Paragraph A.4.a. of SECTION III Q PHYSICALCauses of Loss Coverage for those vehicles,DAMAGE COVERAGE is replaced by the followand does not extend coverage to any covered ing:OautosP for which you do not carry such We will pay up to $50 per day to a maximum ofcoverage.$1500 for temporary transportation expense in curred by you because of the total theft of a Page 4 of 7 AC 70 05 03 16Includes copyrighted material of Insurance Services Office, Inc with its permission. ACP BA 3057201492 LBBA 20125 INSURED COPY AC7005031600 0001 47 0039229 COMMERCIAL AUTO AC 70 05 03 16 covered "auto" of the private passenger type.ment manufacturer or other sources in We will only pay for those covered "autos" for cluding nonoriginal equipment manu which you carry Comprehensive or Specified facturers and Causes of Loss Coverage. We will pay for temb. If a repair or replacement results in betporary transportation expenses incurred during ter than like kind or quality, we will notthe period beginning 24 hours after the theft and pay for the amount of the net improveending, regardless of the policy's expiration,ment.when the covered "auto" is returned to use or we 5. If we offer to pay the actual cash value ofpay for its "loss".the damaged or stolen property, we willR. EXTRA EXPENSE N STOLEN AUTOS value auto advertising wraps, paint customi The following paragraph is added to Coverage zation, and similar business related advertis Extensions of SECTION III Q PHYSICAL ing modifications, in addition to the actual DAMAGE COVERAGE:cash value of the property. Auto advertising wraps, paint customization, and similarc. We will pay for up to $5,000 for the expense business related advertising modificationsof returning a stolen covered OautoP to you.will be valued at the cost to replace themWe will pay only for those covered OautosP with an adjustment made for depreciationfor which you carry Comprehensive or Specand physical condition.ified Causes of Loss Coverage T. NEW VEHICLE REPLACEMENT COSTS. PHYSICAL DAMAGE LIMIT OF INSURANCE The following is added to the Limit of InsuranceUnder SECTION III Q PHYSICAL DAMAGE provision of SECTION III Q PHYSICALCOVERAGE, Paragraph C., Limit of Insurance DAMAGE COVERAGE:is replaced by the following: 5. The provisions of paragraphs 1. and 3. doC. Limit Of Insurance not apply to a covered OautoO of the private1. The most we will pay for OlossP in any one passenger type or a vehicle with a grossOaccidentP is the lesser of:vehicle weight rating of 20,000 pounds ora. The actual cash value of the damaged less which is a Onew vehicle.Por stolen property as of the time of the In the event of a total OlossP to your new veOlossP, or hicle to which this coverage applies, we willb. The cost of repairing or replacing the pay at your option:damaged or stolen property.a. The verifiable Onew vehicleP purchase2. $1500 is the most we will pay for OlossP in price you paid for your damaged vehiany one OaccidentP to all electronic equipcle, not including any insurance or warment that reproduces, receives or transmits ranties purchased; audio, visual or data signals which, at the b. If it is available, the purchase price, astime of OlossP, is:negotiated by us, of a Onew vehicleP ofa. Permanently installed in or upon the the same make, model, and equipmentcovered OautoP in a housing, opening or or the most similar model available, notother location that is not normally used including any furnishings, parts, orby the OautoP manufacturer for the inequipment not installed by the manufac stallation of such equipment.turer or manufacturersN dealership; or . b. Removable from a permanently installed c. The market value of your damaged vehousing unit as described in Paragraph hicle, not including any furnishings,2.a. above or is an integral part of that parts, or equipment not installed by theequipment; or manufacturer or manufacturerNs dealer c. An integral part of such equipment.ship. 3. An adjustment for depreciation and physical We will not pay for initiation or set up costs condition will be made in determining actual associated with loans or leases cash value in the event of a total OlossP.As used in this endorsement, a Onew 4. The cost of repairing or replacing may:vehicleP means an OautoP of which you are the original owner that has not been previa. Be based on an estimate which includes parts furnished by the original equip AC 70 05 03 16 Page 5 of 7Includes copyrightedmaterial of InsuranceServices Office, Inc., with its permission ACP BA 3057201492 LBBA 20125 INSURED COPY AC7005031600 0001 47 0039230 COMMERCIAL AUTO AC 70 05 03 16 ously titled and which you purchased less a. Your obligationin the Duties in the Event than 365 days before the date of the OlossP.of Accident, Claim, Suit or Loss Condi tion relative to notification requirements applies only when the OaccidentP orU. PHYSICAL DAMAGE COVERAGE OlossP is knownto:EXTENSIONS (1) You, if you are an individual;Under SECTION III Q PHYSICAL DAMAGE (2) A partner, if youare a partnership;COVERAGE, A. Coverage, Coverage Exten sions, b. Loss of Use Expenses is replaced by (3) A member,if you are a limited liability the following:company;or b. Loss of Use Expenses (4) An executive officer or insurance manager, if you are a corporation.For Hired Auto Physical Damage, we will pay expenses for which an OinsuredP beb. Your obligation in the. Duties in the Event comes legally responsible to pay for loss of of Accident, Claim, Suit or Loss Condition use of a vehicle rented or hired without a relative to providing us with documents driver, under a written rental contract or concerning a claim or OsuitP will not be agreement. We will pay for loss of use exconsidered breached unless the breach pensesif caused by:occurs after such claim or OsuitP is known to:(1) Other than collision if the Declarations indicate that Comprehensive Coverage (1) You, if you are an individual; is provided for any covered OautoP;(2) A partner,if you are a partnership; (2) Specified Causes of Loss only if the (3) A member,if you are a limitedDeclarations indicate that Specified liability company;orCauses of Loss Coverage is provided (4) An executive officer or insurancefor any covered OautoP; or manager,if you are a corporation.(3) Collision only if the Declarations indicate that Collision Coverage is provided for X. HIRED CAR N COVERAGE TERRITORYany covered Oauto.P Item (5) of the Policy Period, Coverage TerritoryHowever, the most we will pay for any GeneralConditionss replacedby thefollowing:expensesfor loss of use is $50 per day, to a maximum of $1,500. The insurance provided (5) Anywheren theworldif a coveredOautoP is by this provision is excess over any other leased, hired, rented or borrowed without a collectible insurance.driverfor a periodof 30 daysor less;and V. TRANSFER OF RIGHTS OF RECOVERY Y. EMERGENCY LOCKOUT AGAINST OTHERS TO US We will reimburse you up to $100 for reasonable The following is added to the Transfer Of Rights expense incurred for the services of a locksmith Of RecoveryAgainst Others To Us Condition:to gain entry into your covered OautoP subject to these provisions:We waive any right of recovery we may have against any person or organization to 1. Your door key, electronic key or key entry the extent required of you by a written conpad has been lost, stolen or locked in your tract executed prior to any OaccidentP becovered OautoP and you are unable to enter cause of payments we make for damages such OautoP , or under this coverageform.2. Your keyless entry device battery dies and W. NOTICE OF AND KNOWLEDGE OF you are unable to enter such "auto" as a re OCCURRENCE sult, 3. Your key, electronic key or key entry padSECTION IV Q BUSINESS AUTO has been lost or stolen and you haveCONDITIONS, Paragraph A is amended as changedthe lock to prevent an unauthorizedfollows:entry; and6. NOTICE OF ANDKNOWLEDGE OF OCCURRENCE Page 6 of 7 AC 70 05 03 16Includes copyrighted material of Insurance Services Office, Inc with its permission. ACP BA 3057201492 LBBA 20125 INSURED COPY AC7005031600 0001 47 0039231 COMMERCIAL AUTO AC 70 05 03 16 4. Original copies of receipts for services of a If we cancel for any reason other than non locksmith must be provided before reimpayment of premium, we will mail or deliver bursement is payable.to the First Named Insured written notice of cancellation at least 60 days before the efZ. CANCELLATION CONDITION fective date of cancellation. This provisionParagraph A.2. of the COMMON POLICY does not apply in those states that requireCONDITION Q CANCELLATION applies more than 60 days prior notice of cancellaexcept as follows:tion. AC 70 05 03 16 Page 7 of 7Includes copyrightedmaterial of InsuranceServices Office, Inc., with its permission ACP BA 3057201492 LBBA 20125 INSURED COPY AC7005031600 0001 47 0039232 COMMERCIAL AUTO CA 00 01 10 13 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V – Definitions. SECTION I – COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only Only those "autos" you own (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Passenger "Autos" Only Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 Owned "Autos" Other Than Private Passenger "Autos" Only Only those "autos" you own that are not of the private passenger type (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. 5 Owned "Autos" Subject To No-fault Only those "autos" you own that are required to have no-fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Subject To A Compulsory Uninsured Motorists Law Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. 7 Specifically Described "Autos" Only those "autos" described in Item Three of the Declarations for which a premium charge is shown (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned "Autos" Only Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 12 3ROLF\ 1XPEHU $&3 19 Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1.If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2.But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a.We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b.You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Covered Autos Liability Coverage: 1."Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2."Mobile equipment" while being carried or towed by a covered "auto". 3.Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a.Breakdown; b.Repair; c.Servicing; d."Loss"; or e.Destruction. SECTION II – COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a.You for any covered "auto". b.Anyone else while using with your permission a covered "auto" you own, hire or borrow except: (1)The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. Page 2 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 3ROLF\ 1XPEHU $&3 (2)Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3)Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4)Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5)A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c.Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1)All expenses we incur. (2)Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3)The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4)All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5)All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". (6)All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed, we will: (1)Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2)Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expectedor intended from the standpoint of the "insured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability fordamages: a.Assumed in a contract or agreement that is an "insured contract", provided the "bodilyinjury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b.That the "insured" would have in the absence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefitsor unemployment compensation law or any similar law. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 3 of 12 3ROLF\ 1XPEHU $&3 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a.An "employee" of the "insured" arising out of and in the course of: (1)Employment by the "insured"; or (2)Performing the duties related to the conduct of the "insured's" business; or b.The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a.above. This exclusion applies: (1)Whether the "insured" may be liable as an employer or in any other capacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow Employee "Bodily injury" to: a.Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b.The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a.above. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a.Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b.After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a.Any equipment listed in Paragraphs 6.b. and 6.c.of the definition of "mobile equipment"; or b.Machinery or equipment that is on, attached to or part of a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a.Work or operations performed by you or on your behalf; and b.Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraph a.or b.above. Your work will be deemed completed at the earliest of the following times: (1)When all of the work called for in your contract has been completed; (2)When all of the work to be done at the site has been completed if your contract calls for work at more than one site; or (3)When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Page 4 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 3ROLF\ 1XPEHU $&3 3ROLF\ 1XPEHU $&3 Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a.That are, or that are contained in any property that is: (1)Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2)Otherwise in the course of transit by or on behalf of the "insured"; or (3)Being stored, disposed of, treated or processed in or upon the covered "auto"; b.Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c.After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a.above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts if: (1)The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2)The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c.of the definition of "mobile equipment". Paragraphs b.and c.above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a)The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b)The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising directly or indirectly out of: a.War, including undeclared or civil war; b.Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authorityusing military personnel or other agents; or c.Insurrection, rebellion, revolution, usurped power or action taken by governmentalauthority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for suchcontest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 5 of 12 All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III – PHYSICAL DAMAGE COVERAGE A. Coverage 1.We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1)The covered "auto's" collision with another object; or (2)The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1)Fire, lightning or explosion; (2)Theft; (3)Windstorm, hail or earthquake; (4)Flood; (5)Mischief or vandalism; or (6)The sinking, burning, collision or derailment of any conveyance transporting the covered "auto". c. Collision Coverage Caused by: (1)The covered "auto's" collision with another object; or (2)The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a.Glass breakage; b."Loss" caused by hitting a bird or animal; and c."Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day, to a maximum of $600, for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1)Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered "auto"; (2)Specified Causes Of Loss only if the Declarations indicates that Specified Causes Of Loss Coverage is provided for any covered "auto"; or Page 6 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 3ROLF\ 1XPEHU $&3 (3)Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1.We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". a. Nuclear Hazard (1)The explosion of any weapon employing atomic fission or fusion; or (2)Nuclear reaction or radiation, or radioactive contamination, however caused. b. War Or Military Action (1)War, including undeclared or civil war; (2)Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3)Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2.We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. 3.We will not pay for "loss" due and confined to: a.Wear and tear, freezing, mechanical or electrical breakdown. b.Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". 4.We will not pay for "loss" to any of the following: a.Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b.Any device designed or used to detect speed-measuring equipment, such as radar or laser detectors, and any jamming apparatus intended to elude or disrupt speed-measuring equipment. c.Any electronic equipment, without regard to whether this equipment is permanently installed, that reproduces, receives or transmits audio, visual or data signals. d.Any accessories used with the electronic equipment described in Paragraph c. above. 5.Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: a.Permanently installed in or upon the covered "auto"; b.Removable from a housing unit which is permanently installed in or upon the covered "auto"; c.An integral part of the same unit housing any electronic equipment described in Paragraphs a.and b.above; or d.Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 6.We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limits Of Insurance 1.The most we will pay for: a."Loss" to any one covered "auto" is the lesser of: (1)The actual cash value of the damaged or stolen property as of the time of the "loss"; or (2)The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. b.All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $1,000, if, at the time of "loss", such electronic equipment is: (1)Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 7 of 12 3ROLF\ 1XPEHU $&3 (2)Removable from a permanently installed housing unit as described in Paragraph b.(1)above; or (3)An integral part of such equipment as described in Paragraphs b.(1)and b.(2) above. 2.An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3.If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV – BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a.Pay its chosen appraiser; and b.Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: a.In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". Include: (1)How, when and where the "accident" or "loss" occurred; (2)The "insured's" name and address; and (3)To the extent possible, the names and addresses of any injured persons and witnesses. b.Additionally, you and any other involved "insured" must: (1)Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2)Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3)Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4)Authorize us to obtain medical records or other pertinent information. (5)Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c.If there is "loss" to a covered "auto" or its equipment, you must also do the following: (1)Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2)Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3)Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4)Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until: a.There has been full compliance with all the terms of this Coverage Form; and b.Under Covered Autos Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of thatobligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an actionto determine the "insured's" liability. Page 8 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 3ROLF\ 1XPEHU $&3 4. Loss Payment – Physical Damage Coverages At our option, we may: a.Pay for, repair or replace damaged or stolen property; b.Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c.Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a.This Coverage Form; b.The covered "auto"; c.Your interest in the covered "auto"; or d.A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee – Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a.For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1)Excess while it is connected to a motor vehicle you do not own; or (2)Primary while it is connected to a covered "auto" you own. b.For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c.Regardless of the provisions of Paragraph a.above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d.When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of ourCoverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a.The estimated premium for this Coverage Form is based on the exposures you told usyou would have when this policy began. We will compute the final premium due when we determine your actual exposures. Theestimated total premium will be credited against the final premium due and the first Named Insured will be billed for thebalance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. Ifthe estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b.If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on ourrates or premiums in effect at the beginning of each year of the policy. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 3ROLF\ 1XPEHU $&3 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "accidents" and "losses" occurring: a.During the policy period shown in the Declarations; and b.Within the coverage territory. The coverage territory is: (1)The United States of America; (2)The territories and possessions of the United States of America; (3)Puerto Rico; (4)Canada; and (5)Anywhere in the world if a covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less, provided that the "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada, or in a settlement we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V – DEFINITIONS A."Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". B."Auto" means: 1.A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; or 2.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". C."Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these. D."Covered pollution cost or expense" means any cost or expense arising out of: 1.Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or 2.Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a.That are, or that are contained in any property that is: (1)Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2)Otherwise in the course of transit by or on behalf of the "insured"; or (3)Being stored, disposed of, treated or processed in or upon the covered "auto"; b.Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c.After the "pollutants" or any property in which the "pollutants" are contained aremoved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Page 10 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 3ROLF\ 1XPEHU $&3 Paragraph a.above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1)The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2)The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c.of the definition of "mobile equipment". Paragraphs b.and c.above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a)The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b)The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E."Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss". F."Employee" includes a "leased worker". "Employee" does not include a "temporary worker". G."Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H."Insured contract" means: 1.A lease of premises; 2.A sidetrack agreement; 3.Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4.An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5.That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; or 6.That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a.That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; b.That pertains to the loan, lease or rental ofan "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or c.That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". J."Loss" means direct and accidental loss or damage. K."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: 1.Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2.Vehicles maintained for use solely on or next to premises you own or rent; 3.Vehicles that travel on crawler treads; CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 11 of 12 3ROLF\ 1XPEHU $&3 4.Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a.Power cranes, shovels, loaders, diggers or drills; or b.Road construction or resurfacing equipment such as graders, scrapers or rollers; 5.Vehicles not described in Paragraph 1., 2., 3. or 4.above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a.Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well-servicing equipment; or b.Cherry pickers and similar devices used to raise or lower workers; or 6.Vehicles not described in Paragraph 1., 2., 3. or 4.above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a.Equipment designed primarily for: (1)Snow removal; (2)Road maintenance, but not construction or resurfacing; or (3)Street cleaning; b.Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c.Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well-servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L."Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M."Property damage" means damage to or loss of use of tangible property. N."Suit" means a civil proceeding in which: 1.Damages because of "bodily injury" or "property damage"; or 2.A "covered pollution cost or expense"; to which this insurance applies, are alleged. "Suit" includes: a.An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b.Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. O."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. P."Trailer" includes semitrailer. Page 12 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 3ROLF\ 1XPEHU $&3 !OME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFICSTANDARD TIME OR T!E TIME INDICATED AT PACIFIC STANDARD TIME !E HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. !E !ILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM !ORK UNDER A !RITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE JOB DESCRIPTION BLANKET !AIVER OF SUBROGATION PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR !HOM THE NAMED INSURED HAS AGREED BY !RITTEN CONTRACT TO FURNISH THIS !AIVER NOT!ING IN T!IS ENDORSEMENT CONTAINED S!ALL BE !ELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF T!E TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF T!IS POLICY OT!ER T!AN AS STATED. NOT!ING ELSEW!ERE IN T!IS POLICY S!ALL BE !ELD TO VARY, ALTER, WAIVE OR LIMIT T!E TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF T!IS ENDORSEMENT. !NDORS!M!NT AGR!!M!NT !ROKER COPYSTATE C O M P E N S A T I O N I N S U R A N C EF U N D !LD DP 217 COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: AUTH!RIZED REPRESENT IVE PRESIDENT AND CE! SCIF F!RM 10217 (REV.7-2014) ! 57!