AMENDMENT NO. 2 TO
MAINTENANCE SERVICES AGREEMENT
PROVISION OF MAINTENANCE SERVICES WITH BRENNAN FIRE AND SECURITY, INC This Amendment No. 2 ("Amendment") to the Agreement is made and entered into effective the 18th day of June, 2024, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and BRENNAN FIRE AND SECURITY, a California corporation (hereinafter "CONTRACTOR"). CITY and CONTRACTOR are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i) CITY and CONTRACTOR entered into a Maintenance Services Agreement ("Agreement") effective June 18th, 2024 through which CONTRACTOR has been providing maintenance services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A".
(ii) The Parties now seek to amend the Agreement to extend the contract termination date to September 30th, 2024 and increase the contract do -not -exceed amount to Sixty -Five Thousand, Nine Hundred Eighty -Five Dollars and Nine Cents ($65,985.09). (iii) All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2, Paragraph 1 of the Agreement is hereby amended to read as follows:
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit "A". Contractor's total compensation shall not exceed a cumulative amount of Sixty -Five Thousand, Nine Hundred Eighty -Five Dollars and Nine Cents ($65,985.09) over the three-year contract term.
2. Section 4, Paragraph 1 of the Agreement is hereby amended to read as follows:
4.2. Term. This Agreement shall commence on the Effective Date and continue for a period of 37 months, ending on September 30th,2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
3. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
4. The Agreement, all amendments together with this Amendment No. 2 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 2 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
5. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 2 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 2 to the Consulting Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By:
96 i9d-1)-
Joseph Brennan
President
By:
Damien R. Arrula
City Administrator
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
ACOREP
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
10/20/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Patriot Risk & Insurance Services
18952 MacArthur Blvd., Suite #300
Irvine, CA 92612
www.patrisk.com OK07568
INSURED
Brennan Estimating Services, Inc.
DBA: Brennan Fire and Security
12540 E Slauson Avenue, Suite 'D'
Santa Fe Springs CA 90670
COVERAGES
ICONTACT
NAME:
I
Mao. Ext):
ADDRESS:
INSURER A :
INSURER B :
I INSURER C :
I INSURER D :
1 INSURER E :
1 INSURER F :
CERTIFICATE NUMBER: 76894703 REVISION NUMBER:
(949) 486-7900
IFAX
IANC. No):
INSURER(S) AFFORDING COVERAGE
Crum & Forster Specialty Insurance Co (A XIII)
Clear Blue Insurance Company
Insurance Company of the West (A XII)
Peleus Insurance Company (A XIV)
NAIC #
44520
28860
27847
34118
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.
ADDL SUBR POLICY EFF POLICY EXP
1NRn WVD POLICY NUMBER IMM/DD/YYYY) IMM/DD/YYYY)
✓ ✓ GL0098305 7/3/2023 7/3/2024
INSR
LTR TYPE OF INSURANCE
A / COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE ✓ OCCUR
_1
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY ✓ PRO -LOC
JECT
OTHER:
B AUTOMOBILE LIABILITY
ANY AUTO
OWNED SCHEDULED
_ AUTOS ONLY AUTOS
HIRED NON -OWNED
✓ AUTOS ONLY AUTOS ONLY
A / UMBRELLA LIAB
EXCESS LIAB
DED RETENTION $
C WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNERJEXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
Ifio95
Y4TIONs below
D Professnal
OCCUR
CLAIMS -MADE
YIN
✓ ✓ BW02STR220005603
N/A
7/3/2023 7/3/2024
SE0124903 7/3/2023 7/3/2024
✓ WSD505781503 10/24/2023 10/24/2024
121CTR000445404
LIMITS
EACH OCCURRENCE
DAMAGE I U K6N 1 tG
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
$1,000,000
$ 50,000
$ 5,000
$1,000,000
$ 2,000,000
$ 2,000,000
COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
PER
✓ STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
7/3/2023 7/3/2024 Each Claim: $2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) $ 5,000,000
$ 5,000,000
$
$ 1,000,000
$ 1.000.000
$1.000.000
The City of Placentia, its elected and appointed boards, officers, officials, agents, employees, and volunteers are named as additional insureds with respect to liability arising out of activities performed by or on behalf of the Named Insured pursuant to it's contract with the City; products & completed operations of the named insured; premises owned, occupied or used by the Named Insured; automobiles owned, leased, hired, or borrowed by the Named Insured. This insurance coverage shal be primary insurance as respects the City of Placentia, its officers, officials, agents, employees SEE ATTACHED ADDENDUM *30 -day notice of cancellation/10-days for non-payment of premium.
CERTIFICATE HOLDER CANCELLATION
City of Placentia
Attn: City Administrator
401 E. Chapman
Placentia CA 92870
ACORD 25 (2016/03)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Or-r.e �Q
Dave Jacobson
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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ACORD®
AGENCY
Patriot Risk & Insurance Services
POLICY NUMBER
GL0098305
CARRIER
AGENCY CUSTOMER ID:
LOC #:
ADDITIONAL REMARKS SCHEDULE
ADDITIONAL REMARKS
NAIC CODE
Crum & Forster Specialty Insurance Co (A XIII) 44520
NAMED INSURED
Brennan Estimating Services, Inc.
DBA: Brennan Fire and Security
12540 E Slauson Avenue Suite 'D'
Santa Fe Springs CA 90670
EFFECTIVE DATE: 7/3/2023
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Placentia Attn: City Administrator
ADDRESS: 401 E. Chapman Placentia CA 92870
This insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees & volunteers. Any other insurance maintained by the City of Placentia shall be excess & not contributory.
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD ADDENDUM 76694703 123/24 GL/AU/UMB/PROF- 23/24WC I Christina Floe 110/20/2023 10:48:04 AM (PST) Page 2 of 20 This certificate cancels and supersedes ALL previously issued certificates.
Brennan Estimating Services, Inc.
DBA: Brennan Fire and Security
GL0098305
COMMERCIAL GENERAL LIABILITY
CG 20 33 1219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN A WRITTEN CONSTRUCTION
AGREEMENT WITH YOU
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to
include as an additional insured any person or
organization for whom you are performing
operations when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization be
added as an additional insured on your policy.
Such person or organization is an additional
insured 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.
However, the insurance afforded to such
additional Insured:
1. Only applies to the extent permitted by law;
and
2. Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
A person's or organization's status as an
additional insured under this endorsement ends
when your operations for that additional insured
are completed.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal
and advertising injury" arising out of the
rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
a. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
b. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, If the "occurrence" which caused
the "bodily injury" or "property damage", or the
offense which caused the "personal and
advertising injury", involved the rendering of or
the failure to render any professional
architectural, engineering or surveying
services.
CG 20 33 12 19 © Insurance Services Office, Inc., 2018
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2. "Bodily injury" or "property damage" occurring
after.
a. All work, including materials, parts or
equipment 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
b. That portion of "your work" out of which the
Injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section 111 — Limits Of Insurance:
The most we will pay on behalf of the additional
insured is the amount of insurance:
1. Required by the contract or agreement you
have entered into with the additional insured;
or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
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CG 20 331219
GL0098305
Brennan Estimating Services, Inc.
DBA: Brennan Fire and Security
COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Any person or organization you have agreed in a
written contract to add as an additional insured on
your policy provided the written contract is executed
prior to the "bodily injury", "property damage" or
"personal and advertising injury"
Location And Description Of Completed Operations
Premises covered under this policy when required by
written contract executed prior to the "bodily injury", "property damage" or "personal and advertising injury"
Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section 11 - 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" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products -completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
CG 20 37 12 19 © Insurance Services Office, Inc., 2018
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GL0098305
Brennan Estimating Services, Inc.
DBA: Brennan Fire and Security
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
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 this 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 prior to the injury or damage that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured where the additional insured is a named insured.
However, the insurance provided under this endorsement will not apply beyond the extent required by such contract or agreement.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
CFSIC-GL-1002(09/2020) Page 1 of 1
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Brennan
Estimating Services, Inc.y
SP�LII:Y NUM�I d GL0098305
COMMERCIAL GENERAL LIABILITY
CG 20 12 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - STATE OR GOVERNMENTAL
AGENCY OR SUBDIVISION OR POLITICAL
SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:
City of Placentia
Attn: City Administrator
401 E. Chapman
Placentia CA 92870
The City of Placentia, its elected and appointed boards, officers, officials, agents, employees, and volunteers are named as additional insureds with respect to liability arising out of activities performed by or on behalf of the Named Insuredursuant to it's contract with the City; products & completed operations of the named insured; premises owned occupied or used by the Named Insured; automobiles owned, leased, hired, or borrowed bythe Named Insured. This insurance coverage shall be primary insurance as respects the City of Placentia, its offcers, officials, agents, employees and volunteers. Any other insurance maintained by the City of Placentia shall be 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 any state or
govemmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:
1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or govemmental agency or
subdivision or political subdivision has issued a
permit or authorization.
However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
CG 20 12 12 19
2. This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or "property damage"
included within the "products -completed
operations hazard".
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is Tess.
This endorsement shall not increase the
applicable limits of insurance.
© Insurance Services Office, Inc., 2018 Page 1 of 1
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B W02STR220005603
Brennan Estimating Services, Inc.
DBA: Brennan Fire and Security
COMMERCIAL AUTO
CA 00 01 1013
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.
Symbol
1 2
Any "Auto"
Owned "Autos"
Only
3 Owned Private
Passenger
"Autos" Only
4 Owned
"Autos" Other
Than Private
Passenger
"Autos" Only
5 Owned "Autos"
Subject To
No-fault
6 Owned "Autos"
Subject To A
Compulsory
Uninsured
Motorists Law
7 Specifically
Described
"Autos"
8 Hired "Autos"
Only
9 Non -owned
"Autos" Only
CA 00 01 1013
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
Description Of Covered Auto Designation Symbols
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.
Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins.
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.
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.
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.
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).
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.
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.
© Insurance Services Office, Inc., 2011 Page 1 of 12
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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 X -
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.
© Insurance Services Office, Inc., 2011 CA 00 01 10 13
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(2) Your "employee" if the covered "auto" is
owned by that "employee" or a member
of his or her household.
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.
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 eamings up to $250 a day
because of time off from work.
All court costs taxed against the
"insured" in any "suit" against the
"insured" we defend. However, these
payments do not include attorneys' fees
or attomeys' 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.
(3)
(3)
(5)
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" expected
or intended from the standpoint of the
"insured".
2. Contractual
Liability assumed under any contract or
agreement.
But this exclusion does not apply to liability for
damages:
a. Assumed in a contract or agreement that is
an "insured contract", provided the "bodily
injury" 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 benefits
or unemployment compensation law or any
similar law.
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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
quakfy 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 fumished 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.
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CA 00 01 1013
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, overtum 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
govemment, sovereign or other authority
using military personnel or other agents; or
c. Insurrection, rebellion, revolution, usurped
power or action taken by govemmental
authority 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 such
contest 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.
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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) VVindstorrn, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism; or
(6) The sinking, buming, 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 retumed 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 11 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
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CA00011013
(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
govemmental 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 "toss" 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;
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(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
oonceming 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.
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 ail 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 that
obligation has finally been determined by
judgment after trial. No one has the right
under this policy to bring us Into an action
to determine the "insured's" liability.
(5)
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CA00011013
4. Loss Payment — Physical Damage
Coverages
At our option, we may:
a. Pay for, repair or replace damaged or
stolen property;
b. Retum 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.
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
barrow 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 our
Coverage 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 us
you would have when this policy began. We
will compute the final premium due when
we determine your actual exposures. The
estimated total premium will be credited
against the final premium due and the first
Named Insured will be billed for the
balance, if any. The due date for the final
premium or retrospective premium is the
date shown as the due date on the bill. If
the 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 our
rates or premiums in effect at the beginning
of each year of the policy.
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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
(S) 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
govemmental 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 are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".
© Insurance Services Office, Inc., 2011 CA 00 01 1013
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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, overtumed 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, overtum 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 of
an "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;
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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, induding 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 daimed 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
fumished to you to substitute for a permanent
"employee" on leave or to meet seasonal or short-
term workload conditions.
P. 'Trailer" includes semitrailer.
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CA 00 01 1013
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).
The additional premium for this endorsement shall be 3% of the total California Workers' Compensation premium otherwise due.
Schedule
Person or Oraanization Job Description
ANY PERSON / ORG WHEN REQUIRED ALL CA OPERATIONS
BY WRITTEN CONTRACT
Policy Number WSD505781503
Endorsement Effective:10/24/2023
Issue Date:10/20/2023
WC 99 06 34
(Ed. 8-00)
Insured: Brennan Estimating Services, Inc.
DBA: Brennan Fire and Security
Coverage Provided by: Ins Co of the West
Countersigned by:
76894703 23/24 GL/AU/UMB/PROF- 23/24WC 1 Christina Floe 110/20/2023 10:48:04 AM (PST) 1 Page 20 Of 20 This certificate cancels and supersedes ALL previously issued certificates.