1 AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE
CITY OF MANTECA AND “LARRY WALKER ASSOCIATES”
This Amendment No. 1 (“Amendment”) to Agreement #C2021-99 (“Agreement”) between the City of Manteca and “Larry Walker Associates,” is made and entered into this ___ day of ___________, 2022, by and between “Larry Walker Associates” a California corporation (“Consultant”) and the City of Manteca, a municipal corporation (“City”).
RECITALS
A. On “August 16, 2021”, the City of Manteca approved an Agreement with Consultant to provide professional services for Compliance Assistance services.
B. City now desires to amend the Agreement in order to expand the scope, term and dollar amount of services to be undertaken by the Consultant.
C. Consultant represents that it has the necessary professional skills and experience to satisfactorily provide consulting services in a timely manner.
D. City desires to engage Consultant for the purposes of completing the scope of services identified.
NOW, THEREFORE, the parties hereby agree as follows:
1. Statement of Work. Attachment 1 to the Agreement is hereby amended by adding the tasks set forth in Attachment 1 to this Amendment, attached hereto and incorporated herein by reference, “Statement of Work and Activities #2”.
2. Paragraph 3 of the Agreement is hereby amended to read as follows:
“3. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than “June 30, 2023”.
3. Paragraph 4 of the Agreement is hereby amended to read as follows:
“4. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Attachment 1, which is incorporated herein by reference. In addition to the Compensation for the Agreement of $75,000.00, compensation for Amendment No. 1 services shall in no event exceed $115,000.00 DOLLARS without additional authorization from the City.
Total of amended contract amount equals $190,000.00. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.”
ATTACHMENT 2
2 4. Except as otherwise provided in this Amendment, the Agreement shall continue in full force and effect.
THIS SPACE INTENTIONALLY LEFT BLANK
ATTACHMENT 2
3 TO EFFECTUATE THIS AMENDMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
Larry Walker Associates
_________________________________ ___________________________________ Toni Lundgren (Type name of Consultant/form of organization)* Interim City Manager
ATTEST: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services
COUNTERSIGNED: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Bret Harmon, (Type name and title)
Director of Finance
COUNTERSIGNED: Address: 1480 Drew Avenue, Suite 100
Davis, CA. 95618
_________________________________ ____________________________ Dawn Cortesi,
Acting Director of Human Resources Telephone: 530-753-6400 APPROVED AS TO FORM:
L. David Nefouse, City Attorney
By:_________________________________
Carrie Woolley, Assistant City Attorney
ATTACHMENT 2
4 ATTACHMENT 1
STATEMENT OF WORK AND ACTIVITIES #2
ATTACHMENT 2
April 20, 2022
Heather Grove
City of Manteca Public Works
1001 W. Center Street
Manteca, CA 95337
RE: Scope of Services to Provide Support with Wastewater and Stormwater NPDES Permit Implementation
Dear Ms. Grove:
As requested in recent conversations, Larry Walker Associates (LWA) is pleased to submit this scope of service for technical and regulatory assistance to the City of Manteca in connection with its Water Quality Control Facility (WQCF) National Pollutant Discharge Elimination System (NPDES) Permit (WQCF Permit) and the NPDES Phase II General Permit for Small Municipal Separate Storm Sewer Systems (Phase II Permit).
The attached Wastewater Scope of Service and Stormwater Scope of Service are based on our understanding of the regulatory requirements and your needs for the period of July 1, 2022 to June 30, 2023. The overall scope is structured to be flexible to assist you in planning for future needs and prioritizing the tasks you would like LWA to assist the City to accomplish. The proposed budget is $99,700 ($24,700 for wastewater and $75,000 for stormwater). LWA would be happy to assist you in customizing the scope to meet your budget.
A brief description of the work effort and estimated budget is provided for each task. Work will be conducted on a schedule mutually agreed upon by the City and LWA and be scheduled to meet critical regulatory deadlines.
Please let me know if you have any questions. We look forward to working with you on these tasks.
Sincerely,
Sandra Mathews
Associate
ATTACHMENT 2
Larry Walker Associates
Wastewater Scope of Services
1 Larry Walker Associates (LWA) will provide technical and regulatory assistance to the City of Manteca (City) in the implementation of its Water Quality Control Facility (WQCF) NPDES Permit (WQCF Permit).
The expected tasks and deliverables are described below. The tasks noted are based on requirements in the applicable WQCF Permit provisions, also referenced below. LWA will work with the City to establish tasks and schedules. In the conduct of any field work, LWA will not act in a health and safety advisory role for City staff or its consultants.
Task 1. 2022 Groundwater and Land Application Areas Annual Report This Annual Report is mandated by Attachment E, Provision X.D.7.c., of the WQCF Permit. The Annual Report is to include time graphs of constituents monitored in the groundwater beneath the Land Application Areas (LAAs), a statistical evaluation of the groundwater quality and the WQCF compliance status with groundwater limits, and the irrigation water quality with respect to salts. The Report will also discuss current and proposed corrective actions for bringing the facility into full compliance with the limits (if needed) and evaluate any data gaps in the monitoring and reporting program. A proposed Scope of Work is presented below.
Task 1.a Compile Data
LWA will compile monitoring data from groundwater wells and from WQCF effluent disposed to land.
Some of the work associated with this task has been already accomplished under past projects performed by LWA, but the datasets would need to be updated using the most recent data. LWA will prepare a request for this data.
Task 1.b Conduct Technical Analysis
Under this task, LWA will prepare the concentration versus time graphs and conduct an evaluation of the groundwater quality beneath the site. LWA will also determine the WQCF compliance status with groundwater limits, based on statistical analysis as requested by the WQCF Permit.
Task 1.c Develop Draft and Final Report
LWA will prepare a draft Annual Report. Aside from the findings from the previous task, the Report will discuss current and proposed corrective actions for bringing the facility into compliance with the groundwater limits and will evaluate any data gaps in the monitoring and reporting program. A final report incorporating the City’s comments will also be developed under this task.
Task 1.d Project Management
Activities under this task include project coordination, budget review activities, and participation in project status meetings, if needed. All meetings would be coordinated through conference calls. LWA will provide sufficient project management to ensure that the work is completed on time and consistent with the scope noted above. Monthly invoices will be provided to the City.
Task 2. 2022 Nutrient Management Plan
This Plan is mandated by Attachment E, Provision X.D.7.d, of the WQCF Permit. Per the WQCF Permit, the Plan will present monthly hydraulic rates and nutrient and salts loading rates along with a description of the 2022 crops and planting and harvesting schedule for each land application areas on City property. The report will also discuss current and proposed corrective actions related to any ATTACHMENT 2
Larry Walker Associates
Wastewater Scope of Services
2 violations of land discharge requirements and will evaluate any data gaps in the monitoring and reporting program. A cropping and irrigation plan for the following season will also be proposed. The proposed Scope of Work for developing the report is presented below.
Task 2.a Compile Land Discharge and Related Data
LWA will work with City staff to compile land application data for the past year. LWA will prepare an information request for electronic copies of monthly self-monitoring reports and cover letters, irrigation reports, and information on crops, fertilizer application, and planting and harvesting dates for each field.
LWA will also compile precipitation and evapotranspiration records. All data will be organized in a format suitable for performing the calculations needed in Task 2.b.
Task 2.b Conduct Technical Analysis
Based on the information gathered under Task 2.a, LWA will calculate the mass balance relative to constituents of concern and hydraulic loadings. The total monthly hydraulic loading rates, and the total monthly loading rates for total nitrogen, biological oxygen demand, fixed dissolved solids (FDS), and total dissolved solids (TDS) will be calculated for each field and the information will be tabulated and graphed. The FDS flow-weighted average will also be calculated and included in the report.
Task 2.c Evaluate Land Discharge Compliance
LWA will review monitoring reports for any violations of land discharge specifications and/or groundwater specifications. Based on relevant observations recorded in monitoring reports and discussion with City staff, the report will include a discussion on the nature of any violations and updates on the City’s efforts to reach full compliance with final groundwater limits and land discharge specifications. The report will also evaluate any data gaps in the monitoring and reporting program.
Task 2.d Develop 2023 Crop and Irrigation Plan
Based on review of past practices and in consultation with City staff, LWA will prepare a cropping and irrigation plan for the 2023 growing season.
Task 2.e Develop Draft and Final Reports
LWA will prepare the draft report by incorporating the results of Tasks 2.a through 2.d. The report will be provided to the City for review and comments. Once comments are received LWA will prepare the final report.
Task 2.f Project Management
Activities under this task include project coordination, budget review, and participation in project status meetings, if needed. All meetings would be coordinated through conference calls. LWA will provide sufficient project management to ensure that the work is completed on time and consistent with the scope noted above. Monthly invoices will be provided to the City.
Task 3. On-call Regulatory assistance
This task is included as a contingency item and will be used to address regulatory issues not included in Tasks 1-2 above. Such issues can rise from new regulations, emerging concerns at the regional or state level, staffing shortages, or requests for additional information from regulatory agencies. LWA will ATTACHMENT 2
Larry Walker Associates
Wastewater Scope of Services
3 perform such tasks at the request of City staff on an as-needed basis. The budget for this task is not to exceed $8,600, equivalent to 40 hours of LWA staff time.
Schedule
LWA will perform the tasks above on a predetermined schedule that ensures the City will submit regulatory reports by their NPDES-required due dates. The proposed schedule is presented in the table below. The schedule may be adjusted depending on availability of information needed for the project and based on consultation with City staff.
Proposed Schedule
Task Date
Task 1 – 2022 Land Application Areas Annual Report
Request for Information
Draft Report
Final Report
Submittal Due Date
01/06/23
01/20/23
01/27/23
02/01/23
Task 2 – 2022 Nutrient Management Plan
Request for Information
Draft Report
Final Report
Submittal Due Date
02/03/23
02/17/23
02/24/23
03/01/23
Task 3 – On Call Regulatory Assistance As requested
ATTACHMENT 2
Larry Walker Associates
Wastewater Scope of Services
4 Budget
LWA will conduct the tasks described above for a cost not to exceed $24,700 on a time and materials basis according to our standard billing rates (attached). A cost breakdown for each task is shown below.
Proposed Budget
Task Proposed Cost
Task 1 – 2022 Land Application Areas Annual Report
a. Compile Data
b. Conduct Technical Analysis
c. Develop Report
d. Project Management
$ 600
$ 1,800
$ 2,800
$ 300
$ 5,500
Task 2 – 2022 Nutrient Management Plan
a. Compile Data
b. Conduct Technical Analysis
c. Evaluate Land Discharge Compliance
d. Develop 2023 Crop and Irrigation Plan
e. Develop Report
f. Project Management
$ 1,900
$ 3,900
$ 900
$ 400
$ 2,900
$ 600
$ 10,600
Task 3 – On Call Regulatory Assistance $ 8,600
Total $ 24,700
ATTACHMENT 2
Larry Walker Associates
Stormwater Scope of Services
1 Larry Walker Associates (LWA) will provide technical and regulatory assistance to the City of Manteca (City) in connection with implementing the Phase II Stormwater Permit. The expected tasks and deliverables are described below. LWA will work with the City to establish tasks and schedules. In the conduct of any field work, LWA will not act in a health and safety advisory role for City staff or its consultants. The Tasks in this Stormwater Scope of Services are representative of the types of tasks and deliverables included in the scopes that have formed the basis of the stormwater program support over the past eight years. The tasks, descriptions, and deliverables may be modified based on the needs of the stormwater program and as negotiated with the City’s Project Manager.
Task 1. Strategic Planning and Program Coordination
It is anticipated that the Phase II Permit will be renewed in 2023, which will likely result in new requirements for the City. LWA has a detailed understanding of the intent and requirements of the Phase II Permit and continues to assist the City and many other Phase II Permittees with stormwater program development and implementation.
Based on our understanding of the City’s program, LWA will provide strategic guidance on permit implementation and the status of regulatory, legal, and funding issues that may affect the City. Under this task, the LWA team is prepared to respond to the City’s identified needs. LWA routinely tracks national, Statewide, and regional emerging water quality regulatory issues. LWA will provide information and alert the City to issues that may affect their programs.
LWA will track task schedules and provide status updates to the City’s stormwater program manager.
Work will include:
• Preparing for and conducting meetings with City staff (approximately once a month). o Meetings will typically be held via conference call or may be held in person if needed. • Assisting the City in maintaining tracking implementation of permit requirements. • Providing regular and as-needed updates to the stormwater program manager. • Reviewing documents developed by City staff, as needed. • Tracking the Phase II Permit renewal and assisting the City by providing comments on the draft Phase II Permit, when released.
Task 2. Annual Reporting
Effectiveness Assessment Reports (E.14)
The Annual Report is due October 15 of each year and must be submitted via the State Water Board's SMARTS reporting system. LWA will assist with the annual Effectiveness Assessment (EA) Report to meet the requirements of Section E. 14 of the Phase II Permit. LWA will develop an annotated draft document based on the previous year’s EA Report and will identify what data and narrative information need to be provided by the City. The City will provide LWA with data and information by July of each year. Based on the information provided, LWA will develop the draft and final EA Report.
ATTACHMENT 2
Larry Walker Associates
Stormwater Scope of Services
2 Deliverables
• Annotated Draft EA Report and data/information requests (April) • City provides requested data and information (July)
• Draft EA Report (August)
o City provides comments (September)
• Final EA Report (October)
Annual Reporting (E.16)
The Annual Report is due October 15 of each year and must be submitted via the State Water Board's SMARTS reporting system. As needed, LWA will assist the City with completing the online submittal.
Deliverables
• Ongoing assistance with Annual Report completion (August-October) Task 3. As-Directed Tasks
This task is intended to provide flexibility to respond to and assist the City with completing various deliverables and actions required by the Phase II Permit. LWA will provide as-needed assistance in developing guidance and analysis of the requirements of the Phase II Permit and other emerging regulatory initiatives, as well as providing support for tasks that may not be anticipated at this time to the extent authorized by the budget. When as-needed services are identified, we will work with the City Project Manager to agree upon a level of effort, deliverables, and a schedule for each task.
Budget
LWA will complete the above noted work on a time and materials basis and consistent with the budget provided in Table 1 according to our standard billing rates (attached). Work efforts will be directed and prioritized by the City. Individual task budgets may be reallocated between tasks with City approval.
Table 1. Proposed Budget
Task Description Costs
1 Strategic Planning and Program Coordination $20,000
2 Annual Reporting $10,000
3 As-Directed Tasks $45,000
Total $75,000
ATTACHMENT 2
REIMBURSABLE COSTS
Travel:
Local mileage Current IRS rate
Transportation Actual expense
Auto rental Actual expense
Fares Actual expense
Room Actual expense
Subsistence (1) $55 per day
Breakfast $13.00
Lunch $14.00
Dinner $23.00
Incidentals $5.00
Report Reproduction and Copying:
Per color copy, in-house $0.89
The rate for each meal as follows: (1)
Actual expense
Per black and white copy, in-house $0.08
Per binding, in-house $1.95
Special Postage and Express Mail:
Actual expense
Other Direct Costs:
Actual Expense
Daily Equipment Rental Rates:
Single parameter meters & equipment $30.00
Digital flow meter $60.00
Multi-parameter field meters & sondes $100.00
Dye/tracer mapping or residence time $200.00
Multi-parameter continuous remote sensing $40.00
Subcontractors:
Actual Expense plus 10% fee
Note: (1) Charged when overnight lodging is required.
TITLE RATE
$/Hour
Administrative $ 96
Contract Coordinator $133
AR/AP Manager $133
Graphic Designer $123
Senior Graphic Designer $160
Project Staff I-C $128
Project Staff-1-B $155
Project Staff I-A $180
Project Staff II-B $192
Project Staff II-A $215
Senior Staff $249
Associate $279
Vice President $304
Executive Vice President $317
Senior Executive $333
President $333
LARRY WALKER ASSOCIATES RATE SCHEDULE
EFFECTIVE JULY 1, 2021 – JUNE 30, 2022
ATTACHMENT 2
ATTACHMENT 2
INSURANCE DOCUMENTS
ATTACHMENT 2
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ATTACHMENT 2
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ATTACHMENT 2
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this methoo, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory basis. this insurance is primary to other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury'' or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit perioo we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION V - DEFINITIONS
1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, prooucts or services
for the purposes of attracting customers or
supporters is considered an advertisement.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. 3ROLF\
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ATTACHMENT 2
3ROLF\
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ATTACHMENT 2
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage. SECTION I COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" re- following numerical symbols describe the "autos" that fer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos" that are covered "autos".
Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V Symbols
Definitions.
Symbol Description Of Covered Auto Designation Symbols
1 Any "Auto"
2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "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 Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only
4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the policy begins. "Autos" Only
5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have nofault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement.
7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only 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 Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only 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\ %$5
ATTACHMENT 2
COMMERCIAL AUTO
19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial licensed or principally garaged.
Responsibility
Or Other Motor
Vehicle Insurance Law Only
B. Owned Autos You Acquire After The Policy SECTION II COVERED AUTOS LIABILITY COVBegins ERAGE
1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered A. Coverage next to a coverage in Item Two of the Decla- We will pay all sums an "insured" legally must pay rations, then you have coverage for "autos" as damages because of "bodily injury" or "propthat you acquire of the type described for the erty damage" to which this insurance applies, remainder of the policy period. caused by an "accident" and resulting from the ownership, maintenance or use of a covered 2. But, if Symbol 7 is entered next to a coverage "auto". in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cov- We will also pay all sums an "insured" legally erage only if: must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an
a. We already cover all "autos" that you own "accident" and resulting from the ownership, for that coverage or it replaces an "auto" maintenance or use of covered "autos". However, you previously owned that had that cov- we will only pay for the "covered pollution cost or erage; and expense" if there is either "bodily injury" or "propb. You tell us within 30 days after you ac- erty damage" to which this insurance applies that quire it that you want us to cover it for that is caused by the same "accident". coverage. We have the right and duty to defend any "inC. Certain Trailers, Mobile Equipment And Tem- sured" against a "suit" asking for such damages porary Substitute Autos or a "covered pollution cost or expense". However, we have no duty to defend any "insured" If Covered Autos Liability Coverage is provided by against a "suit" seeking damages for "bodily inthis Coverage Form, the following types of vehi- jury" or "property damage" or a "covered pollution cles are also covered "autos" for Covered Autos cost or expense" to which this insurance does not Liability Coverage: apply. We may investigate and settle any claim or
1. "Trailers" with a load capacity of 2,000 "suit" as we consider appropriate. Our duty to depounds or fend or settle ends when the Covered Autos Li- less designed primarily for travel on public ability Coverage Limit of Insurance has been ex- roads. hausted by payment of judgments or settlements. 2. "Mobile equipment" while being carried or
1. Who Is An Insured towed by a covered "auto".
The following are "insureds": 3. Any "auto" you do not own while used with the permission of its owner as a temporary a. You for any covered "auto". substitute for a covered "auto" you own that is b. Anyone else while using with your perout of service because of its: mission a covered "auto" you own, hire or a. Breakdown; borrow except:
b. Repair; (1) The owner or anyone else from
whom you hire or borrow a covered
c. Servicing; "auto".
d. "Loss"; or This exception does not apply if the
e. Destruction. covered "auto" is a "trailer" connected to a covered "auto" you own.
ATTACHMENT 2
COMMERCIAL AUTO
(2) Your "employee" if the covered "auto" pay interest ends when we have paid, is owned by that "employee" or a offered to pay or deposited in court member of his or her household. the part of the judgment that is within our Limit of Insurance. (3) Someone using a covered "auto" while he or she is working in a busi- These payments will not reduce the Limit ness of selling, servicing, repairing, of Insurance.
parking or storing "autos" unless that b. Out-of-state Coverage Extensions business is yours. While a covered "auto" is away from the (4) Anyone other than your "employees", state where it is licensed, we will:
partners (if you are a partnership),
members (1) Increase the Limit of Insurance for (if you are a limited liability Covered Autos Liability Coverage to company) or a lessee or borrower or meet the limits specified by a com- any of their "employees", while moving property to or from a covered pulsory or financial responsibility law of the jurisdiction where the covered "auto".
"auto" is being used. This extension (5) A partner (if you are a partnership) or does not apply to the limit or limits a member (if you are a limited liability specified by any law governing motor company) for a covered "auto" owned carriers of passengers or property. by him or her or a member of his or (2) Provide the minimum amounts and her household.
types of other coverages, such as noc. Anyone liable for the conduct of an "in- fault, required of out-of-state vehicles sured" described above but only to the by the jurisdiction where the covered extent of that liability. "auto" is being used.
2. Coverage Extensions We will not pay anyone more than once a. Supplementary Payments for the same elements of loss because of We these extensions. will pay for the "insured":
B. Exclusions (1) All expenses we incur.
This insurance does not apply to any of the fol- (2) Up to $2,000 for cost of bail bonds lowing: (including bonds for related traffic law
violations) required because of an 1. Expected Or Intended Injury "accident" we cover. We do not have "Bodily injury" or "property damage" expected to furnish these bonds. or intended from the standpoint of the "in- (3) The cost of bonds to release attach- sured".
ments in any "suit" against the "in- 2. Contractual
sured" we defend, but only for bond
Liability assumed under any contract or amounts within our Limit of Insuragreement. ance.
But this exclusion does not apply to liability (4) All reasonable expenses incurred by for damages: the "insured" at our request, including actual loss of earnings up to $250 a a. Assumed in a contract or agreement that day because of time off from work. is an "insured contract", provided the "bodily injury" or "property damage" oc- (5) All court costs taxed against the "incurs subsequent to the execution of the sured" in any "suit" against the "incontract or agreement; or sured" we defend. However, these payments do not include at- b. That the "insured" would have in the abtorneys' fees or attorneys' expenses sence of the contract or agreement. taxed against the "insured". 3. Workers' Compensation
(6) All interest on the full amount of any Any obligation for which the "insured" or the judgment that accrues after entry of "insured's" insurer may be held liable under the judgment in any "suit" against the any workers' compensation, disability benefits "insured" we defend, but our duty to CA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 3 of 12 ATTACHMENT 2
COMMERCIAL AUTO
or unemployment compensation law or any 7. Handling Of Property similar law. "Bodily injury" or "property damage" resulting
4. Employee Indemnification And Employer's from the handling of property:
Liability a. Before it is moved from the place where it "Bodily injury" to: is accepted by the "insured" for movement into or onto the covered "auto"; or a. An "employee" of the "insured" arising out
of and b. After it is moved from the covered "auto" in the course of:
to the place where it is finally delivered by (1) Employment by the "insured"; or the "insured". (2) Performing the duties related to the 8. Movement Of Property By Mechanical Deconduct of the "insured's" business; vice or "Bodily injury" or "property damage" resulting b. The spouse, child, parent, brother or sis- from the movement of property by a meter of that "employee" as a consequence chanical device (other than a hand truck) of Paragraph a. above. unless the device is attached to the covered This exclusion applies: "auto".
9. Operations (1) Whether the "insured" may be liable
as an employer or in any other ca- "Bodily injury" or "property damage" arising pacity; and out of the operation of:
(2) To any obligation to share damages a. Any equipment listed in Paragraphs 6.b. with or repay someone else who and 6.c. of the definition of "mobile must pay damages because of equipment"; or the injury. b. Machinery or equipment that is on, atBut tached to or part of a land vehicle that this exclusion does not apply to "bodily inwould qualify under the definition of "mo- jury" to domestic "employees" not entitled to bile equipment" if it were not subject to a workers' compensation benefits or to liability compulsory or financial responsibility law assumed by the "insured" under an "insured or other motor vehicle insurance law contract". For the purposes of the Coverage where it is licensed or principally garaged. Form, a domestic "employee" is a person engaged in household or domestic work per- 10. Completed Operations formed principally in connection with a resi- "Bodily injury" or "property damage" arising dence premises. out of your work after that work has been
5. Fellow Employee completed or abandoned.
In this exclusion, your work means: "Bodily injury" to:
a. Work or operations performed by you or a. Any fellow "employee" of the "insured" on your behalf; and arising out of and in the course of the fellow "employee's" employment or while b. Materials, parts or equipment furnished in performing duties related to the conduct connection with such work or operations. of your business; or Your work includes warranties or representab. The spouse, child, parent, brother or sis- tions made at any time with respect to the fitter of that fellow "employee" as a conse- ness, quality, durability or performance of any quence of Paragraph a. above. of the items included in Paragraph a. or b. above. 6. Care, Custody Or Control
Your work will be deemed completed at the "Property damage" to or "covered pollution earliest of the following times: cost or expense" involving property owned or transported by the "insured" or in the "in- (1) When all of the work called for in your sured's" care, custody or control. But this ex- contract has been completed; clusion does not apply to liability assumed (2) When all of the work to be done at under a sidetrack agreement. the site has been completed if your
ATTACHMENT 2
COMMERCIAL AUTO
contract calls for work at more than (2) The "bodily injury", "property damone site; or age" or "covered pollution cost or expense" does not arise out of the op- (3) When that part of the work done at a eration of any equipment listed in job site has been put to its intended Paragraphs 6.b. and 6.c. of the defi- use by any person or organization nition of "mobile equipm. ent" other than another contractor or subcontractor working on the same pro- Paragraphs b. and c. above of this exclusion ject. do not apply to "accidents" that occur away
from premises owned by or rented to an "in- Work that may need service, maintenance, sured" with respect to "pollutants" not in or correction, repair or replacement, but which is upon a covered "auto" if: otherwise complete, will be treated as com- (a) The "pollutants" or any property pleted. in which the "pollutants" are con- 11. Pollution tained are upset, overturned or "Bodily injury" or "property damage" arising damaged as a result of the mainout of the actual, alleged or threatened dis- tenance or use of a covered charge, dispersal, seepage, migration, re- "auto"; and
lease or escape of "pollutants": (b) The discharge, dispersal, seepa. That are, or that are contained in any age, migration, release or escape of the "pollutants" is caused di- property that is:
rectly by such upset, overturn or (1) Being transported or towed by, han- damage. dled or handled for movement into, 12. War onto or from the covered "auto"; "Bodily injury" or "property damage" arising (2) Otherwise in the course of transit by directly or indirectly out of: or on behalf of the "insured"; or a. War, including undeclared or civil war; (3) Being stored, disposed of, treated or b. Warlike action by a military force, includ- processed in or upon the covered ing action in hindering or defending "auto"; against an actual or expected attack, by b. Before the "pollutants" or any property in any government, sovereign or other auwhich the "pollutants" are contained are thority using military personnel or other moved from the place where they are ac- agents; or
cepted by the "insured" for movement into
c. Insurrection, rebellion, revolution, or onto the covered "auto"; or usurped power or action taken by govc. After the "pollutants" or any property in ernmental authority in hindering or dewhich the "pollutants" are contained are fending against any of these. moved from the covered "auto" to the 13. Racing place where they are finally delivered, Covered "autos" while used in any profes- disposed of or abandoned by the "insional or organized racing or demolition con- sured". test or stunting activity, or while practicing for
Paragraph a. above does not apply to fuels, such contest or activity. This insurance also lubricants, fluids, exhaust gases or other simi- does not apply while that covered "auto" is lar "pollutants" that are needed for or result being prepared for such a contest or activity. from the normal electrical, hydraulic or me- C. Limit Of Insurance chanical functioning of the covered "auto" or Regardless of the number of covered "autos", its parts if:
"insureds", premiums paid, claims made or vehi-
(1) The "pollutants" escape, seep, mi- cles involved in the "accident", the most we will grate or are discharged, dispersed or pay for the total of all damages and "covered pol- released directly from an "auto" part lution cost or expense" combined resulting from designed by its manufacturer to hold, any one "accident" is the Limit Of Insurance for store, receive or dispose of such "pol- Covered Autos Liability Coverage shown in the lutants"; and Declarations.
CA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 5 of 12 ATTACHMENT 2
COMMERCIAL AUTO
All "bodily injury", "property damage" and "cov- a. Glass breakage; ered pollution cost or expense" resulting from b. "Loss" caused by hitting a bird or animal; continuous or repeated exposure to substantially and the same conditions will be considered as resultc. "Loss" caused by falling objects or mis- ing from one "accident". siles.
No one will be entitled to receive duplicate payments However, you have the option of having glass for the same elements of "loss" under this Coverage breakage caused by a covered "auto's" colli- Form and any Medical Payments Covsion or overturn considered a "loss" under erage endorsement, Uninsured Motorists CoverCollision Coverage. age endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage 4. Coverage Extensions Part. a. Transportation Expenses
SECTION III PHYSICAL DAMAGE COVERAGE We will pay up to $20 per day, to a maxiA. Coverage mum of $600, for temporary transportation expense incurred by you because of 1. We will pay for "loss" to a covered "auto" or the total theft of a covered "auto" of the its equipment under:
private passenger type. We will pay only a. Comprehensive Coverage for those covered "autos" for which you From any cause except: carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay (1) The covered "auto's" collision with for temporary transportation expenses in- another object; or curred during the period beginning 48 (2) The covered "auto's" overturn. hours after the theft and ending, regardb. Specified Causes Of Loss Coverage less of the policy's expiration, when the covered "auto" is returned to use or we Caused by: pay for its "loss". (1) Fire, lightning or explosion; b. Loss Of Use Expenses (2) Theft; For Hired Auto Physical Damage, we will (3) Windstorm, hail or earthquake; pay expenses for which an "insured" be- (4) Flood; comes legally responsible to pay for loss
of use of a vehicle rented or hired without (5) Mischief or vandalism; or a driver under a written rental contract or
(6) The sinking, burning, collision or de- agreement. We will pay for loss of use railment of any conveyance transport- expenses if caused by: ing the covered "auto". (1) Other than collision only if the Declac. Collision Coverage rations indicates that Comprehensive Caused by: Coverage is provided for any covered
"auto"; (1) The covered "auto's" collision with
another object; or (2) Specified Causes Of Loss only if the Declarations indicates that Specified (2) The covered "auto's" overturn. Causes Of Loss Coverage is pro2. Towing vided for any covered "auto"; or We will pay up to the limit shown in the Decla- (3) Collision only if the Declarations indirations for towing and labor costs incurred cates that Collision Coverage is pro- each time a covered "auto" of the private vided for any covered "auto". passenger type is disabled. However, the la- However, the most we will pay for any bor must be performed at the place of disexpenses for loss of use is $20 per day, ablement. to a maximum of $600.
3. Glass Breakage Hitting A Bird Or Animal B. Exclusions Falling Objects Or Missiles
1. We will not pay for "loss" caused by or result- If you carry Comprehensive Coverage for the ing from any of the following. Such "loss" is damaged covered "auto", we will pay for the excluded regardless of any other cause or following under Comprehensive Coverage:
ATTACHMENT 2
COMMERCIAL AUTO
event that contributes concurrently or in any installed, that reproduces, receives or sequence to the "loss". transmits audio, visual or data signals. a. Nuclear Hazard d. Any accessories used with the electronic equipment described in Paragraph c. (1) The explosion of any weapon emabove. ploying atomic fission or fusion; or
5. Exclusions 4.c. and 4.d. do not apply to (2) Nuclear reaction or radiation, or raequipment designed to be operated solely by dioactive contamination, however caused. use of the power from the "auto's" electrical
system that, at the time of "loss", is: b. War Or Military Action a. Permanently installed in or upon the cov- (1) War, including undeclared or civil ered "auto"; war; b. Removable from a housing unit which is (2) Warlike action by a military force, inpermanently installed in or upon the cov- cluding action in hindering or defendered "auto"; ing against an actual or expected attack, by any government, sovereign c. An integral part of the same unit housing or other authority using military per- any electronic equipment described in sonnel or other agents; or Paragraphs a. and b. above; or (3) Insurrection, rebellion, revolution, d. Necessary for the normal operation of the usurped power or action taken by covered "auto" or the monitoring of the governmental authority in hindering covered "auto's" operating system. or defending against any of these.
6. We will not pay for "loss" to a covered "auto" 2. We will not pay for "loss" to any covered due to "diminution in value". "auto" while used in any professional or organized racing or demolition contest or stunt- C. Limits Of Insurance ing activity, or while practicing for such con- 1. The most we will pay for:
test or activity. We will also not pay for "loss"
a. "Loss" to any one covered "auto" is the to any covered "auto" while that covered lesser of: "auto" is being prepared for such a contest or activity. (1) The actual cash value of the damaged or stolen property as of the time 3. We will not pay for "loss" due and confined to:
of the "loss"; or
a. Wear and tear, freezing, mechanical or
electrical breakdown. (2) The cost of repairing or replacing the damaged or stolen property with b. Blowouts, punctures or other road dam- other property of like kind and quality. age to tires. b. All electronic equipment that reproduces, This exclusion does not apply to such "loss" receives or transmits audio, visual or data resulting from the total theft of a covered signals in any one "loss" is $1,000, if, at "auto".
the time of "loss", such electronic equip- 4. We will not pay for "loss" to any of the follow- ment is: ing: (1) Permanently installed in or upon the a. Tapes, records, discs or other similar au- covered "auto" in a housing, opening dio, visual or data electronic devices deor other location that is not normally signed for use with audio, visual or data used by the "auto" manufacturer for electronic equipment. the installation of such equipment; b. Any device designed or used to detect (2) Removable from a permanently in- speed-measuring equipment, such as rastalled housing unit as described in dar or laser detectors, and any jamming Paragraph b.(1) above; or apparatus intended to elude or disrupt speed-measuring equipment. (3) An integral part of such equipment as c. Any electronic equipment, without regard described in Paragraphs b.(1) and b.(2) above. to whether this equipment is permanently
CA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 7 of 12 ATTACHMENT 2
COMMERCIAL AUTO
2. An adjustment for depreciation and physical b. Additionally, you and any other involved condition will be made in determining actual "insured" must:
cash value in the event of a total "loss". (1) Assume no obligation, make no pay3. If a repair or replacement results in better ment or incur no expense without our than like kind or quality, we will not pay for the consent, except at the "insured's" amount of the betterment. own cost.
D. Deductible (2) Immediately send us copies of any
For each covered "auto", our obligation to pay for, request, demand, order, notice, repair, return or replace damaged or stolen prop- summons or legal paper received erty will be reduced by the applicable deductible concerning the claim or "suit". shown in the Declarations. Any Comprehensive (3) Cooperate with us in the investigation Coverage deductible shown in the Declarations or settlement of the claim or defense does not apply to "loss" caused by fire or light- against the "suit". ning. (4) Authorize us to obtain medical re- SECTION IV BUSINESS AUTO CONDITIONS cords or other pertinent information.
The following conditions apply in addition to the
Common (5) Submit to examination, at our ex- Policy Conditions:
pense, by physicians of our choice, A. Loss Conditions as often as we reasonably require.
1. Appraisal For Physical Damage Loss
c. If there is "loss" to a covered "auto" or its
If you and we disagree on the amount of equipment, you must also do the follow- "loss", either may demand an appraisal of the ing: "loss". In this event, each party will select a (1) Promptly notify the police if the cov- competent appraiser. The two appraisers will ered "auto" or any of its equipment is select a competent and impartial umpire. The stolen. appraisers will state separately the actual
cash value and amount of "loss". If they fail to (2) Take all reasonable steps to protect agree, they will submit their differences to the the covered "auto" from further damumpire. A decision agreed to by any two will age. Also keep a record of your exbe binding. Each party will: penses for consideration in the seta. Pay its chosen appraiser; and tlement of the claim. b. Bear the other expenses of the appraisal (3) Permit us to inspect the covered and umpire equally. "auto" and records proving the "loss" before its repair or disposition. If we submit to an appraisal, we will still retain our right to deny the claim. (4) Agree to examinations under oath at
2. Duties In The Event Of Accident, Claim, our request and give us a signed Suit Or Loss statement of your answers.
We have no duty to provide coverage under 3. Legal Action Against Us this policy unless there has been full compli- No one may bring a legal action against us ance with the following duties: under this Coverage Form until:
a. In the event of "accident", claim, "suit" or a. There has been full compliance with all "loss", you must give us or our authorized the terms of this Coverage Form; and representative prompt notice of the "accident" or b. Under Covered Autos Liability Coverage, "loss". Include:
we agree in writing that the "insured" has (1) How, when and where the "accident" an obligation to pay or until the amount of
or "loss" occurred; that obligation has finally been deter- (2) The "insured's" name and address; mined by judgment after trial. No one has and the right under this policy to bring us into
(3) To the extent possible, the names an action to determine the "insured's" liand addresses of any injured persons ability. and witnesses.
ATTACHMENT 2
COMMERCIAL AUTO
4. Loss Payment Physical Damage Cover- son or organization holding, storing or transages porting property for a fee regardless of any other provision of this Coverage Form. At our option, we may:
5. Other Insurance a. Pay for, repair or replace damaged or stolen property; a. For any covered "auto" you own, this Coverage Form provides primary insur- b. Return the stolen property, at our exance. For any covered "auto" you don't pense. We will pay for any damage that own, the insurance provided by this Cov- results to the "auto" from the theft; or erage Form is excess over any other colc. Take all or any part of the damaged or lectible insurance. However, while a covstolen property at an agreed or appraised ered "auto" which is a "trailer" is convalue. nected to another vehicle, the Covered If we pay for the "loss", our payment will in- Autos Liability Coverage this Coverage clude the applicable sales tax for the dam- Form provides for the "trailer" is:
aged or stolen property. (1) Excess while it is connected to a mo5. Transfer Of Rights Of Recovery Against tor vehicle you do not own; or Others To Us (2) Primary while it is connected to a
If any person or organization to or for whom covered "auto" you own. we make payment under this Coverage Form b. For Hired Auto Physical Damage Coverhas rights to recover damages from another, age, any covered "auto" you lease, hire, those rights are transferred to us. That person rent or borrow is deemed to be a covered or organization must do everything necessary "auto" you own. However, any "auto" that to secure our rights and must do nothing after is leased, hired, rented or borrowed with "accident" or "loss" to impair them. a driver is not a covered "auto".
B. General Conditions c. Regardless of the provisions of Para1. Bankruptcy graph a. above, this Coverage Form's Covered Autos Liability Coverage is pri- Bankruptcy or insolvency of the "insured" or mary for any liability assumed under an the "insured's" estate will not relieve us of any "insured contract". obligations under this Coverage Form. d. When this Coverage Form and any other 2. Concealment, Misrepresentation Or Fraud Coverage Form or policy covers on the This Coverage Form is void in any case of same basis, either excess or primary, we fraud by you at any time as it relates to this will pay only our share. Our share is the Coverage Form. It is also void if you or any proportion that the Limit of Insurance of other "insured", at any time, intentionally con- our Coverage Form bears to the total of ceals or misrepresents a material fact con- the limits of all the Coverage Forms and cerning: policies covering on the same basis.
a. This Coverage Form; 6. Premium Audit
b. The covered "auto"; a. The estimated premium for this Coverage c. Your interest in the covered "auto"; or Form is based on the exposures you told us you would have when this policy be- d. A claim under this Coverage Form. gan. We will compute the final premium 3. Liberalization due when we determine your actual exposures. The estimated total premium will If we revise this Coverage Form to provide more coverage without additional premium be credited against the final premium due charge, your policy will automatically provide and the first Named Insured will be billed the additional coverage as of the day the re- for the balance, if any. The due date for vision is effective in your state. the final premium or retrospective premium is the date shown as the due date 4. No Benefit To Bailee Physical Damage on the bill. If the estimated total premium Coverages exceeds the final premium due, the first We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any perCA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 9 of 12 ATTACHMENT 2
COMMERCIAL AUTO
b. If this policy is issued for more than one 1. A land motor vehicle, "trailer" or semitrailer year, the premium for this Coverage Form designed for travel on public roads; or will be computed annually based on our 2. Any other land vehicle that is subject to a rates or premiums in effect at the begin- compulsory or financial responsibility law or ning of each year of the policy. other motor vehicle insurance law where it is
7. Policy Period, Coverage Territory licensed or principally garaged.
Under this Coverage Form, we cover "acci- However, "auto" does not include "mobile equipdents" and "losses" occurring: ment". a. During the policy period shown in the C. "Bodily injury" means bodily injury, sickness or Declarations; and disease sustained by a person, including death resulting from any of these. b. Within the coverage territory.
D. "Covered pollution cost or expense" means any The coverage territory is:
cost or expense arising out of:
(1) The United States of America; 1. Any request, demand, order or statutory or (2) The territories and possessions of the regulatory requirement that any "insured" or United States of America; others test for, monitor, clean up, remove, (3) Puerto Rico; contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pol- (4) Canada; and lutants"; or (5) Anywhere in the world if a covered 2. Any claim or "suit" by or on behalf of a gov- "auto" of the private passenger type ernmental authority for damages because of is leased, hired, rented or borrowed testing for, monitoring, cleaning up, removing, without a driver for a period of 30 containing, treating, detoxifying or neutraliz- days or less, ing, or in any way responding to, or assessing provided that the "insured's" responsibility to the effects of, "pollutants". pay damages is determined in a "suit" on the "Covered pollution cost or expense" does not in- merits, in the United States of America, the clude any cost or expense arising out of the ac- territories and possessions of the United tual, alleged or threatened discharge, dispersal, States of America, Puerto Rico or Canada, or seepage, migration, release or escape of "pollut- in a settlement we agree to. ants":
We also cover "loss" to, or "accidents" involva. That are, or that are contained in any ing, a covered "auto" while being transported property that is: between any of these places. (1) Being transported or towed by, han- 8. Two Or More Coverage Forms Or Policies dled or handled for movement into, Issued By Us onto or from the covered "auto"; If this Coverage Form and any other Cover- (2) Otherwise in the course of transit by age Form or policy issued to you by us or any or on behalf of the "insured"; or company affiliated with us applies to the same "accident", the aggregate maximum (3) Being stored, disposed of, treated or Limit of Insurance under all the Coverage processed in or upon the covered Forms or policies shall not exceed the highest "auto";
applicable Limit of Insurance under any one b. Before the "pollutants" or any property in Coverage Form or policy. This condition does which the "pollutants" are contained are not apply to any Coverage Form or policy is- moved from the place where they are acsued by us or an affiliated company specifi- cepted by the "insured" for movement into cally to apply as excess insurance over this or onto the covered "auto"; or Coverage Form.
c. After the "pollutants" or any property in
SECTION V DEFINITIONS which the "pollutants" are contained are A. "Accident" includes continuous or repeated expo- moved from the covered "auto" to the sure to the same conditions resulting in "bodily in- place where they are finally delivered, jury" or "property damage". disposed of or abandoned by the "insured". B. "Auto" means:
ATTACHMENT 2
COMMERCIAL AUTO
Paragraph a. above does not apply to fuels, 4. An obligation, as required by ordinance, to inlubricants, fluids, exhaust gases or other simi- demnify a municipality, except in connection lar "pollutants" that are needed for or result with work for a municipality; from the normal electrical, hydraulic or me- 5. That part of any other contract or agreement chanical functioning of the covered "auto" or pertaining to your business (including an inits parts, if: demnification of a municipality in connection (1) The "pollutants" escape, seep, mi- with work performed for a municipality) under grate or are discharged, dispersed or which you assume the tort liability of another released directly from an "auto" part to pay for "bodily injury" or "property damage" designed by its manufacturer to hold, to a third party or organization. Tort liability store, receive or dispose of such "pol- means a liability that would be imposed by lutants"; and law in the absence of any contract or agreement; or (2) The "bodily injury", "property damage" or "covered pollution cost or ex- 6. That part of any contract or agreement enpense" does not arise out of the op- tered into, as part of your business, pertaining eration of any equipment listed in to the rental or lease, by you or any of your Paragraph 6.b. or 6.c. of the defini- "employees", of any "auto". However, such tion of "mobile equipment". contract or agreement shall not be considered an "insured contract" to the extent that it obli- Paragraphs b. and c. above do not apply to gates you or any of your "employees" to pay "accidents" that occur away from premises for "property damage" to any "auto" rented or owned by or rented to an "insured" with released by you or any of your "employees". spect to "pollutants" not in or upon a covered "auto" if: An "insured contract" does not include that part of any contract or agreement: (a) The "pollutants" or any property in which the "pollutants" are con- a. That indemnifies a railroad for "bodily intained are upset, overturned or jury" or "property damage" arising out of damaged as a result of the main- construction or demolition operations, tenance or use of a covered within 50 feet of any railroad property and "auto"; and affecting any railroad bridge or trestle,
tracks, roadbeds, tunnel, underpass or (b) The discharge, dispersal, seep- crossing; age, migration, release or escape of the "pollutants" is caused di- b. That pertains to the loan, lease or rental rectly by such upset, overturn or of an "auto" to you or any of your "emdamage. ployees", if the "auto" is loaned, leased or rented with a driver; or E. "Diminution in value" means the actual or perceived loss in market value or resale value which c. That holds a person or organization enresults from a direct and accidental "loss". gaged in the business of transporting property by "auto" for hire harmless for F. "Employee" includes a "leased worker". "Emyour use of a covered "auto" over a route ployee" does not include a "temporary worker". or territory that person or organization is
G. "Insured" means any person or organization quali- authorized to serve by public authority. fying as an insured in the Who Is An Insured pro- I. "Leased worker" means a person leased to you vision of the applicable coverage. Except with re- by a labor leasing firm under an agreement be- spect to the Limit of Insurance, the coverage afforded applies separately to each insured who is tween you and the labor leasing firm to perform duties related to the conduct of your business. seeking coverage or against whom a claim or "Leased worker" does not include a "temporary "suit" is brought. worker".
H. "Insured contract" means: J. "Loss" means direct and accidental loss or dam1. A lease of premises; age.
2. A sidetrack agreement; K. "Mobile equipment" means any of the following
3. Any easement or license agreement, except types of land vehicles, including any attached in connection with construction or demolition machinery or equipment:
operations on or within 50 feet of a railroad;
CA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 11 of 12 ATTACHMENT 2
COMMERCIAL AUTO
1. Bulldozers, farm machinery, forklifts and other c. Air compressors, pumps and generators, vehicles designed for use principally off public including spraying, welding, building roads; cleaning, geophysical exploration, lighting
or well-servicing equipment. 2. Vehicles maintained for use solely on or next to premises you own or rent; However, "mobile equipment" does not include land vehicles that are subject to a compulsory or 3. Vehicles that travel on crawler treads; financial responsibility law or other motor vehicle
4. Vehicles, whether self-propelled or not, main- insurance law where it is licensed or principally tained primarily to provide mobility to perma- garaged. Land vehicles subject to a compulsory nently mounted: or financial responsibility law or other motor vehia. Power cranes, shovels, loaders, diggers cle insurance law are considered "autos". or drills; or L. "Pollutants" means any solid, liquid, gaseous or b. Road construction or resurfacing equip- thermal irritant or contaminant, including smoke, ment such as graders, scrapers or rollers; vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, 5. Vehicles not described in Paragraph 1., 2., 3. reconditioned or reclaimed. or 4. above that are not self-propelled and are maintained primarily to provide mobility to M. "Property damage" means damage to or loss of permanently attached equipment of the fol- use of tangible property. lowing types: N. "Suit" means a civil proceeding in which:
a. Air compressors, pumps and generators, 1. Damages because of "bodily injury" or "prop- including spraying, welding, building erty damage"; or cleaning, geophysical exploration, lighting 2. A "covered pollution cost or expense"; and well-servicing equipment; or to which this insurance applies, are alleged. b. Cherry pickers and similar devices used to raise or lower workers; or "Suit" includes:
6. Vehicles not described in Paragraph 1., 2., 3. a. An arbitration proceeding in which such or 4. above maintained primarily for purposes damages or "covered pollution costs or other than the transportation of persons or expenses" are claimed and to which the cargo. However, self-propelled vehicles with "insured" must submit or does submit with the following types of permanently attached our consent; or equipment are not "mobile equipment" but will b. Any other alternative dispute resolution be considered "autos": proceeding in which such damages or a. Equipment designed primarily for: "covered pollution costs or expenses" are claimed and to which the insured submits (1) Snow removal; with our consent. (2) Road maintenance, but not construc- O. "Temporary worker" means a person who is fur- tion or resurfacing; or nished to you to substitute for a permanent "em- (3) Street cleaning; ployee" on leave or to meet seasonal or shortb. Cherry pickers and similar devices term workload conditions. mounted on automobile or truck chassis P. "Trailer" includes semitrailer. and used to raise or lower workers; and
ATTACHMENT 2
COMMEA RCI L AUTO
THIS ENDORSEMENT CHANGES TEH POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
This n n oi sn e dorseme tm d fie i surance provi t ol w ded under he f lo ing:
BUSIS U CE O NE SA TO OV RAGE F RM
MO R RE E G O TO CA RI R COV RA EF RM
The folw s lo ing i added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II COVR TS E ED AU O sig u fr ned by yo be oe the "bodil" r y injury or "prope ty LI LT V R ABI IY CO E AGE in the BUSINEO SS AUT dama" s ge occur and that is in effcet during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured fore Cov red An Insured, of SECTION II COV TS ERED AU O Autosi e Liabil ty Cov rage, but onr a ly fo dam ges to LI LT V ABI IY CO ERAGE in the MOTOR CARRIER which this insurance appliesd an only to the extf ent o COVERAGE FORM, whichevev r Co erage Form is that person r r in 's oo ganizat o 's liabi r n il ty fo the co duct par f o c: to y ur poli y ofhs anot er "in ured".
Thisn u s n z i cl de any perso or organi ation who you are reqr r ui ed unde a written contrc r r m at o ag ee ent CA T0 4 37 2 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 3ROLF\
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ATTACHMENT 2
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)
POLICY NUMBER:
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium.
Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Insurance Company Countersigned by
DATE OF ISSUE: Page 1 of 1
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.
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ATTACHMENT 2
POLICY NUMBER: COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured:
Endorsement Effective Date:
SCHEDULE
Name Of Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II –
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I – Covered Autos
Coverages of the Auto Dealers Coverage Form.
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ATTACHMENT 2