CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
PROJECT MANAGER
1480 Drew Avenue, Suite 100
Davis, CA 95618
www.lwa.com
530.753.6400
530.753.7030 fax
June 21, 2023 DRAFT
Ms. Mary Phelps
Senior Administrative Analyst
Water Resource Recovery Department
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Subject: Scope of Services – Wastewater and Stormwater Regulatory Assistance (July 1, 2023 to June 30, 2028)
Dear Mary:
Larry Walker Associates (LWA) is providing this letter proposal to describe the wastewater and stormwater regulatory assistance that will be provided to the City of Richmond (City) during the next 5 years. Assistance will include addressing Richmond-specific issues that may arise during the 2023/24 NPDES permit reissuance, providing advice on regulatory compliance concerns, preparing and/or reviewing technical reports, implementing pretreatment program requirements, and implementing stormwater program requirements. LWA has provided wastewater and stormwater regulatory assistance to the City since 2009 and is currently assisting West County Agency, West County Wastewater, and the City during NPDES permit reissuance. The types of activities that LWA may provide to the City are outlined below. The specific tasks will be developed with input from the City and the cost to provide the services will not exceed a total of $450,000 for the period of 07/01/2023 – 06/30/2026.
• Provide assistance to address any Richmond WPCP-related comments, questions, or concerns that may arise during 2023/24 NPDES permit reissuance. The new permit is anticipated to be adopted by the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) in May or June 2024.
• Conduct an evaluation of the City’s existing Local Limits to make sure they are still protective of WPCP operation and ensure compliance with the new NPDES permit limits. The Local Limits Evaluation is due to the Regional Water Board within 180 days of the NPDES permit effective date.
• If needed, develop an approach for revising the City’s Local Limits and assist with implementation at City direction.
• Review and update the City’s Sanitary Sewer Management Plan (SSMP) and Sanitary Sewer Overflow (SSO) response protocols, (including the Water Quality Monitoring Plan), as needed to comply with requirements specified in the 2022 Sanitary Sewer System Waste Discharge Requirements (SSS WDRs, Order WQO 2022-0103-DWQ).
• Provide on-call regulatory compliance advice related to source control, wastewater collection, wastewater treatment, and wastewater disposal activities. • Assist with preparation of regulatory compliance reports that must be submitted to the Regional Water Board, State Water Resources Control Board (State Water Board), or U.S. Environmental Protection Agency (EPA).
• As needed, review enforcement actions issued to the City and help the City prepare responses, negotiate penalties, and/or develop compliance tasks with the Regional Water Board. • Provide updates on wastewater, stormwater, and biosolids regulatory issues of concern. The following regulations, permits, and policies are scheduled to be revised, adopted, or implemented during 2023/24.
o Nutrient Watershed Permit o NPDES Permit Amendment for Chlorine Residual • Attend Bay Area Clean Water Agencies Association (BACWA) Committee meetings and provide meeting notes to City staff.
• Assist with pretreatment program environmental compliance activities. This assistance may include performing onsite inspections of industrial users, documenting inspection results, discussing follow-up actions with City staff, and preparing semi-annual and annual pretreatment program reports.
• Assist with stormwater program compliance activities. This assistance may include performing onsite inspections of construction sites and commercial facilities, documenting inspection results, discussing follow-up actions with City staff, preparing City-related materials for the annual stormwater reports, and participation in meetings of the Contra Costa County Watershed Program.
LWA will provide permit compliance and regulatory program advice to the City. The City is responsible for making program decisions and submitting the data/reports required to comply with permit terms and regulations. The LWA Rate Schedule in effect through June 30, 2024 is attached for your information. Please to contact me at 805.585.1835 or [email protected] if you have any questions.
Sincerely,
Denise H. Conners
Associate II
Attachment: LWA Rate Schedule 2023/24
LARRY WALKER ASSOCIATES RATE SHEET
Effective July 1, 202 3 – June 30, 202 4
5/2/2023
TITLE RATE ($/Hour) REIMBURSABLE COSTS
Administrative $ 80
Travel
Contract Coordinator $145
Local Mileage Current IRS Rate
AR/AP Manager $145
Transportation Actual Expense
Graphic Designer $134
Auto Rental Actual Expense
Senior Graphic Designer $174
Fares Actual Expense
Project Staff I-C $140
Room Actual Expense
Project Staff I-B $169
Subsistence and Per Diem Meals (1) Current GSA Rate
Project Staff I-A $196
Breakfast Current GSA Rate
Project Staff II-B $208
Lunch Current GSA Rate
Project Staff II-A $235
Dinner Current GSA Rate
Senior Staff I $253
Incidentals Current GSA Rate
Senior Staff II $272
Report Reproduction and Copying
Associate I $289
Per Color Copy, In-House $0.89
Associate II $305
Per Black and White Copy, In-House $0.08
Vice President $322
Per Binding, In-House $1.95
Executive Vice President $337
Special Postage and Express Mail Actual Expense
Senior Executive $353
Third-Party Material Preparation Actual Expense
President $353
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
RTK-GPS, RiverSurveyor, Tracer Study Equipment $250.00
Multi-Parameter Continuous Remote Sensing $40.00
Field Rig (Field Vehicle And All Equipment) $200.00
Subcontractors Actual Expense Plus 10% Fee
Note: (1) Charged when overnight lodging is required. U.S. General Services Administration rates specified by location of work at gsa.gov
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
Larry Walker Associates
29 June 23 Davis
Brian M Laurenson Executive Vice President
06 / 29 / 2023
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
City of Richmond - Insurance Requirements - Type 2
Professional Services
Type 2 -1 of 3
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General and Auto Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General and Automobile Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability and auto liability coverage as well as a waiver of subrogation for Workers’ Compensation Insurance shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for operations, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) and Auto Liability with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation Insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
www.ci.richmond.ca.us/RiskManagement.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit.
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
City of Richmond - Insurance Requirements - Type 2
Professional Services
Type 2 -2 of 3
Policy shall be endorsed to name the City of Richmond as an additional insured per the language detailed below.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
construction management,
counselors, medical professionals,
hospitals, clinics, attorneys and
accountants, as may be required
by the City.
Architects and Engineers coverage shall be endorsed to include contractual liability.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability and Automobile Liability Insurance coverages.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
www.ci.richmond.ca.us/RiskManagement
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Cancellation Each required policy shall be endorsed to state that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
City of Richmond - Insurance Requirements - Type 2
Professional Services
Type 2 -3 of 3
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR
must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
3/24/2023
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Doris A. Chambers
(510) 272-1499
510-452-2193
[email protected]
License#: 6003745
The Travelers Indemnity Company of Connecticut
25682
LARRYWALK
Travelers Property Casualty Company of America
25674
Larry Walker Associates, Inc.
Attn: Tina VanCarpels
1480 Drew Ave., #100
(530) 753-6400/[email protected]
Davis CA 95618-4124
Indian Harbor Insurance Company
36940
105976802
B
X
2,000,000
X
1,000,000
10,000
2,000,000
4,000,000
X
Y
Y
6809H382758
4/1/2023
4/1/2024
4,000,000
A
1,000,000
X
X
Y
Y
BA5R188533
4/1/2023
4/1/2024
B
X
X
1,000,000
Y
CUP3C999260
4/1/2023
Y
4/1/2024
1,000,000
B
X
N
Y
UB7K823655
4/1/2023
4/1/2024
1,000,000
1,000,000
1,000,000
C
Professional Liability &
Contr. Pollution Liab Included
Y
PEC003092713
4/1/2023
4/1/2024
per Claim
Aggregate Limit
$2,000,000
$4,000,000
The Excess-Umbrella Liability is Following Form to the Underlying Policies: General Liability/Automobile Liability/Employers' Liability REF: LWA Project No.: 00407.XX - All operations of the Named Insured. The City of Richmond, its officers, employees, agents, volunteers and representatives are named as Additional insured to General and Auto Liability per policy form wording. Insurance is Primary and Non-contributory with Severability of Interest clause. Waiver of Subrogation applies to Workers’ Compensation coverages per policy form wording. Cancellation provisions are solely as shown on this certificate.
30 Day NOC/10 Day for NonPay of Prem
City of Richmond
450 Civic Center Plaza
Richmond CA 94804-1630
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COMMERCIAL GENERAL LIABILITY
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ɸ ± × ß ² × ² « ® » ¼ · ¿ ³ » ² ¼ » ¼ ¬ ± · ² ó Ì ¸ · · ² « ® ¿ ² ½ » ¼ ± » ² ± ¬ ¿ ° ° ´ § ¬ ± þ ¾ ± ¼ · ´ § · ² ¶ « ® § þ ± ® ½ ´ « ¼ »¿ ¿ ²¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼¬ ¸ »° » ® ± ² ø ÷ ± ® þ ° ® ± ° » ® ¬ § ¼ ¿ ³ ¿ ¹ » þ ± ½ ½ « ® ® · ² ¹ ô ± ® ° » ® ± ² ¿ ´ · ² ¶ « ® § Œ ± ® ¹ ¿ ² · ¦ ¿ ¬ · ± ² ø ÷ ¸ ± © ²· ²¬ ¸ »Í ½ ¸ » ¼ « ´ » ô ¾ « ¬ ± ² ´ § ± ® ¿ ¼ ª » ® ¬ · · ² ¹· ² ¶ « ® § Œ ¿ ® · · ² ¹± « ¬ ± º ¿ ² ± º º » ² » © · ¬ ¸ ® » ° » ½ ¬ ¬ ± ´ · ¿ ¾ · ´ · ¬ § º ± ® þ ¾ ± ¼ · ´ § · ² ¶ « ® § þ ô þ ° ® ± ° » ® ¬ § ½ ± ³ ³ · ¬ ¬ » ¼ ô ¿ º ¬ » ® æ ¼ ¿ ³ ¿ ¹ » þ ô þ ° » ® ± ² ¿ ´ · ² ¶ « ® § Œ ± ® ¿ ¼ ª » ® ¬ · · ² ¹· ² ¶ « ® § þ ß ´ ´ © ± ® µ ô · ² ½ ´ « ¼ · ² ¹³ ¿ ¬ » ® · ¿ ´ ô ° ¿ ® ¬ ± ® » ¯ « · ° ó½ ¿ « » ¼ ô · ² © ¸ ± ´ » ± ® · ² ° ¿ ® ¬ ô ¾ § æ ³ » ² ¬ º « ® ² · ¸ » ¼· ² ½ ± ² ² » ½ ¬ · ± ²© · ¬ ¸ « ½ ¸© ± ® µ ô Ç ± « ® ¿ ½ ¬ ± ® ± ³ · · ± ² å ± ® ± ² ¬ ¸ » ° ® ± ¶ » ½ ¬ ø ± ¬ ¸ » ®¬ ¸ ¿ ² » ® ª · ½ » ô ³ ¿ · ² ¬ » ó ² ¿ ² ½ »± ® ® » ° ¿ · ® ÷ ¬ ±¾ »° » ® º ± ® ³ » ¼¾ §± ® ± ² Ì ¸ » ¿ ½ ¬ ± ® ± ³ · · ± ² ± º ¬ ¸ ± » ¿ ½ ¬ · ² ¹ ± ² § ± « ® ¾ » ¸ ¿ ´ º ± º ¬ ¸ » ¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼ ø ÷ ¿ ¬ ¬ ¸ » ´ ± ½ ¿ ó¾ » ¸ ¿ ´ º å ¬ · ± ² ± º ¬ ¸ » ½ ± ª » ® » ¼ ± ° » ® ¿ ¬ · ± ² ¸ ¿ ¾ » » ² ½ ± ³ ó · ² ¬ ¸ » ° » ® º ± ® ³ ¿ ² ½ » ± º § ± « ® ± ² ¹ ± · ² ¹ ± ° » ® ¿ ¬ · ± ² º ± ®° ´ » ¬ » ¼ å ± ® ¬ ¸ »¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼ ø ÷ ¿ ¬ ¬ ¸ »´ ± ½ ¿ ¬ · ± ² ø ÷ ¼ » · ¹ ó Ì ¸ ¿ ¬ ° ± ® ¬ · ± ²± º þ § ± « ® © ± ® µ þ ± « ¬ ± º © ¸ · ½ ¸¬ ¸ »² ¿ ¬ » ¼ ¿ ¾ ± ª » ò · ² ¶ « ® § ± ® ¼ ¿ ³ ¿ ¹ » ¿ ® · » ¸ ¿ ¾ » » ² ° « ¬ ¬ ± · ¬ · ² ó É· ¬ ¸® » ° » ½ ¬ ¬ ±¬ ¸ »· ² « ® ¿ ² ½ »¿ º º ± ® ¼ » ¼¬ ±¬ ¸ » » ¬ » ² ¼ » ¼ « » ¾ § ¿ ² § ° » ® ± ² ± ®± ® ¹ ¿ ² · ¦ ¿ ¬ · ± ²¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼ ô ¬ ¸ » º ± ´ ´ ± © · ² ¹ ¿ ¼ ¼ · ¬ · ± ² ¿ ´ » ¨ ½ ´ « ó± ¬ ¸ » ® ¬ ¸ ¿ ²¿ ² ± ¬ ¸ » ® ½ ± ² ¬ ® ¿ ½ ¬ ± ® ± ® « ¾ ½ ± ² ¬ ® ¿ ½ ó · ± ² ¿ ° ° ´ § æ ¬ ± ® » ² ¹ ¿ ¹ » ¼ · ² ° » ® º ± ® ³ · ² ¹ ± ° » ® ¿ ¬ · ± ² º ± ® ¿ ° ® · ² ½ · ° ¿ ´ ¿ ¿ ° ¿ ® ¬ ± º ¬ ¸ » ¿ ³ » ° ® ± ¶ » ½ ¬ ò Ý ± ° § ® · ¹ ¸ ¬ î ð ð ë Ì ¸ » Í ¬ ò Ð ¿ « ´ Ì ® ¿ ª » ´ » ® Ý ± ³ ° ¿ ² · » ô × ² ½ ò ß ´ ´ ® · ¹ ¸ ¬ ® » » ® ª » ¼ ò Ð ¿ ¹ » ï ± º ï × ² ½ ´ « ¼ » ½ ± ° § ® · ¹ ¸ ¬ » ¼ ³ ¿ ¬ » ® · ¿ ´ ± º × ² « ® ¿ ² ½ » Í » ® ª · ½ » Ñ º º · ½ » ô × ² ½ ò © · ¬ ¸ · ¬ ° » ® ³ · · ± ² ò Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.
Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.
CG T8 01 XX XX
DATE OF ISSUE:
6809H382758
04/01/2023
Ð Ñ Ô × Ý ÇÒ Ë Ó Þ Û Î æ
COMMERCIAL GENERAL LIABILITY
Ì Ø × ÍÛ Ò Ü Ñ Î Í Û Ó Û Ò Ì Ý Ø ß Ò Ù Û ÍÌ Ø ÛÐ Ñ Ô × Ý Ç ò Ð Ô Û ß Í ÛÎ Û ß Ü× Ì Ý ß Î Û Ú Ë Ô Ô Ç ò
Ì ¸ · » ² ¼ ± ® » ³ » ² ¬ ³ ± ¼ · º · » · ² « ® ¿ ² ½ » ° ® ± ª · ¼ » ¼ « ² ¼ » ® ¬ ¸ » º ± ´ ´ ± © · ² ¹ æ Ý Ñ Ó Ó Û Î Ý × ß Ô Ù Û Ò Û Î ß Ô Ô × ß Þ × Ô × Ì ÇÝ Ñ Ê Û Î ß Ù ÛÐ ß Î Ì
× ² º ± ® ³ ¿ ¬ · ± ² ® » ¯ « · ® » ¼ ¬ ± ½ ± ³ ° ´ » ¬ » ¬ ¸ · Í ½ ¸ » ¼ « ´ » ô · º ² ± ¬ ¸ ± © ² ¿ ¾ ± ª » ô © · ´ ´ ¾ » ¸ ± © ² · ² ¬ ¸ » Ü » ½ ´ ¿ ® ¿ ¬ · ± ² ò
· ¿ ³ » ² ¼ » ¼¬ ±· ² ó ´ ± ½ ¿ ¬ · ± ²¼ » · ¹ ² ¿ ¬ » ¼¿ ² ¼¼ » ½ ® · ¾ » ¼· ²¬ ¸ » ½ ¸ » ¼ « ´ »± º ½ ´ « ¼ »¿ ¿ ²¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼¬ ¸ »° » ® ± ² ø ÷ ± ® ± ® ó ¬ ¸ · » ² ¼ ± ® » ³ » ² ¬° » ® º ± ® ³ » ¼ º ± ®¬ ¸ ¿ ¬¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² ó ¹ ¿ ² · ¦ ¿ ¬ · ± ² ø ÷ ¸ ± © ² · ²¬ ¸ »Í ½ ¸ » ¼ « ´ » ô ¾ « ¬ ± ² ´ §© · ¬ ¸ « ® » ¼ ¿ ² ¼ · ² ½ ´ « ¼ » ¼ · ² ¬ ¸ » þ ° ® ± ¼ « ½ ¬ ó ½ ± ³ ° ´ » ¬ » ¼ ± ° » ® ¿ ó ® » ° » ½ ¬ ¬ ± ´ · ¿ ¾ · ´ · ¬ § º ± ® þ ¾ ± ¼ · ´ § · ² ¶ « ® § þ ± ® þ ° ® ± ° » ® ¬ § ¼ ¿ ³ ó ¬ · ± ² ¸ ¿ ¦ ¿ ® ¼ þ ò ¿ ¹ » þ ½ ¿ « » ¼ ô · ² © ¸ ± ´ » ± ® · ² ° ¿ ® ¬ ô ¾ § þ § ± « ® © ± ® µ þ ¿ ¬ ¬ ¸ »
× Í ÑÐ ® ± ° » ® ¬ · » ô × ² ½ ò ô î ð ð ì Ð ¿ ¹ » ï ± º ï Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs.
Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies.
CG T8 02 XX XX
DATE OF ISSUE:
6809H382758
04/01/2023
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations
5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- nated in such contract.We waive any right of recovery we may have against any person or organization to the extent
CA T3 40 02 15 © 2015 The Travelers Indemnity Compa ny. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy #
BA5R188533
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE FORM
SECTION I
COVERED AUTOSVarious provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" thatduties 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".
A. Description Of Covered Auto DesignationOther words and phrases that appear in quotation marks have special meaning. Refer to Section V
Symbols
Definitions.
Symbol Description Of Covered Auto Designation Symbols
1 Any "Auto"
Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any2 "trailers" you don't own while attached to power units you own). This includesOnly those "autos" you acquire ownership of after the policy begins.
Owned Private Only the private passenger "autos" you own. This includes those private3 Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only
Owned4 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 type you acquire ownership of after the policy begins.Passenger "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 acquire ownership of after the policy begins provided they are required to have no-No-fault fault benefits in the state where they are licensed or principally garaged.
Owned "Autos"6 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.
Specifically Only those "autos" described in Item Three of the Declarations for which a7 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" you lease, hire, rent or borrow from any of your "employees", partners (if you are aOnly 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 connection with your business. This includes "autos" owned by your "employees","Autos" Only 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
Policy #
BA5R188533
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 Insur-
ance Law Only
SECTION II
COVERED AUTOS LIABILITY COV-B. Owned Autos You Acquire After The Policy ERAGEBegins
A. Coverage1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered 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 "prop- that 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 covered2. But, if Symbol 7 is entered next to a coverage "auto".in Item Two of the Declarations, an "auto" you We will also pay all sums an "insured" legallyacquire will be a covered "auto" for that cov- must pay as a "covered pollution cost or expense"erage only if:
to which this insurance applies, caused by ana. 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 orerage; and expense" if there is either "bodily injury" or "prop- erty damage" to which this insurance applies thatb. You tell us within 30 days after you ac- is caused by the same "accident".quire it that you want us to cover it for that coverage. We have the right and duty to defend any "in- sured" against a "suit" asking for such damagesC. Certain Trailers, Mobile Equipment And Tem- or a "covered pollution cost or expense". How-porary Substitute Autos ever, we have no duty to defend any "insured"If Covered Autos Liability Coverage is provided by against a "suit" seeking damages for "bodily in-this Coverage Form, the following types of vehi- jury" or "property damage" or a "covered pollutioncles 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 "suit" as we consider appropriate. Our duty to de-1. "Trailers" with a load capacity of 2,000 fend or settle ends when the Covered Autos Li-pounds or less designed primarily for travel ability Coverage Limit of Insurance has been ex-on public roads. hausted by payment of judgments or settlements.2. "Mobile equipment" while being carried or
1. Who Is An Insuredtowed by a covered "auto".
The following are "insureds":3. Any "auto" you do not own while used with a. You for any covered "auto".the permission of its owner as a temporary substitute for a covered "auto" you own that is b. Anyone else while using with your per- out of service because of its: mission a covered "auto" you own, hire or borrow except:a. Breakdown;
(1) The owner or anyone else fromb. Repair;
whom you hire or borrow a coveredc. Servicing; "auto".
d. "Loss"; or This exception does not apply if the
covered "auto" is a "trailer" connectede. Destruction.
to a covered "auto" you own.
Insurance Services Office, Inc., 2011 CA 00 01 10 13
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 Extensionsbusiness 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), (1) Increase the Limit of Insurance formembers (if you are a limited liability Covered Autos Liability Coverage tocompany) or a lessee or borrower or meet the limits specified by a com-any of their "employees", while mov- pulsory or financial responsibility lawing property to or from a covered 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 limitsa member (if you are a limited liability specified by any law governing motorcompany) for a cov red "auto" ownede carriers of passengers or property.by him or her or a member of his or (2) Provide the minimum amounts andher household. types of other coverages, such as no-c. Anyone liable for the conduct of an "in- fault, required of out-of-state vehiclessured" described above but only to the by the jurisdiction where the coveredextent of that liabil ty.i "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 these extensions.We 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
1. Expected Or Intended Injuryviolations) required because of an "accident" we cover. We do not have "Bodily injury" or "property damage" expectedto 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. Contractualsured" we defend, but only for bond Liability assumed under any contract oramounts within our Limit of Insur- agreement.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 "in- curs subsequent to the execution of thesured" in any "suit" against the "in- contract or agreement; orsured" we defend. However, these payments do not include at- b. That the "insured" would have in the ab- torneys' 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 thejudgment that accrues after entry of "insured's" insurer may be held liable underthe 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
COMMERCIAL AUTO
7. Handling Of Propertyor unemployment compensation law or any similar law. "Bodily injury" or "property damage" resulting from the handling of property:4. Employee Indemnification And Employer's Liability a. Before it is moved from the place where it is accepted by the "insured" for move-"Bodily injury" to:
ment into or onto the cov red "auto"; orea. An "employee" of the "insured" arising out b. After it is moved from the covered "auto"of and 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 De- conduct 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 me- ter 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 "auto".This exclusion applies:
9. Operations(1) Whether the "insured" may be liable
as an employer or in any other ca- "Bodily injury" or "property damage" arising out of the operation of:pacity; and
a. Any equipment listed in Paragraphs 6.b.(2) To any obligation to share damages and 6.c. of the definition of "mobilewith or repay someone else who equipment"; ormust pay damages because of the in-
jury. b. Machinery or equipment that is on, at-
tached to or part of a land vehicle thatBut this exclusion does not apply to "bodily in- would qualify under the definition of "mo-jury" to domestic "employees" not entitled to bile equipment" if it were not subject to aworkers' compensation benefits or to liability compulsory or financial responsibility lawassumed by the "insured" under an "insured or other motor vehicle insurance lawcontract". For the purposes of the Coverage where it is licensed or principally garaged.Form, a domestic "employee" is a person en-
10. Completed Operationsgaged in household or domestic work per- formed principally in connection with a resi- "Bodily injury" or "property damage" arising dence premises. out of your work after that work has been completed or abandoned.5. Fellow Employee
In this exclusion, your work means:"Bodily injury" to:
a. Work or operations performed by you ora. Any fellow "employee" of the "insured" on your behalf; andarising out of and in the course of the fel- low "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 representa- b. The spouse, child, parent, brother or sis- tions made at any time with respect to the fit- ter 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 atunder a sidetrack agreement. the site has been completed if your
Insurance Services Office, Inc., 2011 CA 00 01 10 13
COMMERCIAL AUTO
(2) The "bodily injury", "property dam-contract calls for work at more than one site; or age" or "covered pollution cost or ex-
pense" does not arise out of the op-(3) When that part of the work done at a eration of any equipment listed injob 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 equip ent"m .other than another contractor or sub- Paragraphs b. and c. above of this exclusioncontractor working on the same pro- do not apply to "accidents" that occur awayject.
from premises owned by or rented to an "in-Work that may need service, maintenance, sured" with respect to "pollutants" not in orcorrection, repair or replacement, but which is upon a covered "auto" if:otherwise complete, will be treated as com- (a) The "pollutants" or any propertypleted.
in which the "pollutants" are con-11. Pollution tained are upset, overturned or damaged as a result of the main-"Bodily injury" or "property damage" arising tenance or use of a coveredout of the actual, alleged or threatened dis- "auto"; andcharge, dispersal, seepage, migration, re-
lease or escape of "pollutants": (b) The discharge, dispersal, seep- age, migration, release or escapea. That are, or that are contained in any 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. Waronto 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, byb. Before the "pollutants" or any property in any government, sovereign or other au-which 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 gov- c. After the "pollutants" or any property in ernmental authority in hindering or de- which the "pollutants" are contained are fending against any of these. moved from the cov red "auto" to thee 13. Racingplace where they are finally delivered, Covered "autos" while used in any profes-disposed of or abandoned by the "in- sional or organized racing or demolition con-sured". test or stunting activ ty, or while practicing fori 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 Insurancechanical 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.
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Insurance Services Office, Inc., 2011 Page 5 of 12
COMMERCIAL AUTO
a. Glass breakage;All "bodily injury", "property damage" and "cov- ered pollution cost or expense" resulting from b. "Loss" caused by hitting a bird or animal;continuous or repeated exposure to substantially andthe same conditions will be considered as result- c. "Loss" caused by falling objects or mis-ing from one "accident". siles.No one will be entitled to receive duplicate pay- However, you have the option of having glassments for the same elements of "loss" under this breakage caused by a covered "auto's" colli-Coverage Form and any Medical Payments Cov- sion or overturn considered a "loss" undererage endorsement, Uninsured Motorists Cover- Collision 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 maxi- A. Coverage mum of $600, for temporary transporta-
tion expense incurred by you because of1. We will pay for "loss" to a covered "auto" or the total theft of a covered "auto" of theits equipment under:
private passenger type. We will pay onlya. 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, regard- b. Specified Causes Of Loss Coverage less of the policy's expiration, when the covered "auto" is returned to use or weCaused 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- comes legally responsible to pay for loss(4) Flood;
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 Decla- c. Collision Coverage rations indicates that Comprehensive Coverage is provided for any coveredCaused by:
"auto";(1) The covered "auto's" collision with
(2) Specified Causes Of Loss only if theanother object; or Declarations indicates that Specified(2) The covered "auto's" overturn. Causes Of Loss Coverage is pro-
2. Towing vided for any covered "auto"; or
We will pay up to the limit shown in the Decla- (3) Collision only if the Declarations indi- rations for towing and labor costs incurred cates that Collision Coverage is pro- each time a cov red "auto" of the privatee vided for any covered "auto". passenger type is disabled. However, the la- However, the most we will pay for anybor must be performed at the place of dis- expenses 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" isdamaged covered "auto", we will pay for the excluded regardless of any other cause orfollowing under Comprehensive Coverage:
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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 em- above.ploying atomic fission or fusion; or
5. Exclusions 4.c. and 4.d. do not apply to(2) Nuclear reaction or radiation, or ra- equipment designed to be operated solely bydioactive contamination, however use of the power from the "auto's" electricalcaused.
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, in- permanently installed in or upon the cov-cluding action in hindering or defend- ered "auto";ing against an actual or expected at- tack, 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 or- C. Limits Of Insuranceganized racing or demolition contest or stunt- 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 theto 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 dam-
aged or stolen property as of the time3. We will not pay for "loss" due and confined to:
of the "loss"; ora. Wear and tear, freezing, mechanical or (2) The cost of repairing or replacing theelectrical breakdown. damaged or stolen property withb. 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 dataresulting 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 thea. Tapes, records, discs or other similar au- covered "auto" in a housing, openingdio, visual or data electronic devices de- or other location that is not normallysigned for use with audio, visual or data used by the "auto" manufacturer forelectronic 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 ra- stalled housing unit as described indar or laser detectors, and any jamming Paragraph b.(1) above; orapparatus intended to elude or disrupt speed-measuring equipment. (3) An integral part of such equipment as described in Paragraphs b.(1) andc. Any electronic equipment, without regard b.(2) above.to whether this equipment is permanently
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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 pay-
3. 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 investigationCoverage deductible shown in the Declarations or settlement of the claim or defensedoes 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 (5) Submit to examination, at our ex-Common 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 isselect 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 dam- umpire. A decision agreed to by any two will age. Also keep a record of your ex- be binding. Each party will: penses for consideration in the set- tlement of the claim.a. Pay its chosen appraiser; and
(3) Permit us to inspect the coveredb. Bear the other expenses of the appraisal 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 our request and give us a signed2. Duties In The Event Of Accident, Claim, statement of your answers.Suit Or Loss
3. Legal Action Against UsWe have no duty to provide coverage under this policy unless there has been full compli- No one may bring a legal action against us ance with the fol owing duties:l 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; andrepresentative prompt notice of the "acci- b. Under Covered Autos Liability Coverage,dent" or "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 ofor "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" li- and addresses of any injured persons ability.
and witnesses.
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COMMERCIAL AUTO
4. Loss Payment
Physical Damage Cover- son or organization holding, storing or trans- ages porting property for a fee regardless of any
other provision of this Coverage Form.At our option, we may:
5. Other Insurancea. Pay for, repair or replace damaged or sto- a. For any covered "auto" you own, thislen property;
Coverage Form provides primary insur-b. Return the stolen property, at our ex- ance. For any covered "auto" you don'tpense. 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 col-c. Take all or any part of the damaged or lectible insurance. However, while a cov-stolen property at an agreed or appraised ered "auto" which is a "trailer" is con- value. nected to another vehicle, the Covered
Autos Liability Coverage this CoverageIf we pay for the "loss", our payment will in- Form provides for the "trailer" is:clude the applicable sales tax for the dam- aged or stolen property. (1) Excess while it is connected to a mo- tor vehicle you do not own; or5. Transfer Of Rights Of Recovery Against Others To Us (2) Primary while it is connected to a
covered "auto" you own.If any person or organization to or for whom we make payment under this Coverage Form b. For Hired Auto Physical Damage Cover- has 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 coveredor 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 Para- graph a. above, this Coverage Form's1. Bankruptcy
Covered Autos Liability Coverage is pri-Bankruptcy or insolvency of the "insured" or mary for any liability assumed under anthe "insured's" estate will not relieve us of any "insured contract".obligations under this Coverage Form. d. When this Coverage Form and any other2. 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 Form is based on the exposures you toldc. Your interest in the covered "auto"; or 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 ex- posures. The estimated total premium willIf we revise this Coverage Form to provide be credited against the final premium duemore coverage without additional premium and the first Named Insured will be billedcharge, your policy will automatically provide for the balance, if any. The due date forthe additional coverage as of the day the re- the final premium or retrospective pre-vision is effective in your state. mium is the date shown as the due date4. No Benefit To Bailee Physical Damage on the bill. If the estimated total premiumCoverages 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 per-
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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 arates or premiums in effect at the begin- compulsory or financial responsibility law orning 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 equip- dents" 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 anyThe 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" orUnited 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 ofis 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" involv- a. That are, or that are contained in anying, 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 byage Form or policy issued to you by us or any or on behalf of the "insured"; orcompany affiliated with us applies to the (3) Being stored, disposed of, treated orsame "accident", the aggregate maximum processed in or upon the coveredLimit of Insurance under all the Coverage "auto";Forms or policies shall not exceed the highest
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 ac- sued 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"; orCoverage Form. c. After the "pollutants" or any property inSECTION V DEFINITIONS which the "pollutants" are contained are
moved from the cov red "auto" to theeA. "Accident" includes continuous or repeated expo- place where they are finally delivered,sure to the same conditions resulting in "bodily in- disposed of or abandoned by the "in-jury" or "property damage". sured".B. "Auto" means:
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COMMERCIAL AUTO
Paragraph a. above does not apply to fuels, 4. An obligation, as required by ordinance, to in- lubricants, 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 agreementchanical functioning of the covered "auto" or pertaining to your business (including an in-its 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 agree- ment; or(2) The "bodily injury", "property dam-
6. That part of any contract or agreement en-age" or "covered pollution cost or ex- pense" 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 "employees", of any "auto". However, suchParagraph 6.b. or 6.c. of the defini- 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 orowned by or rented to an "insured" with re- leased 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 a. That indemnifies a railroad for "bodily in-in which the "pollutants" are con- tained 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 b. That pertains to the loan, lease or rentalof the "pollutants" is caused di- rectly by such upset, overturn or of an "auto" to you or any of your "em- damage. ployees", if the "auto" is loaned, leased or
rented with a driver; orE. "Diminution in value" means the actual or per- c. That holds a person or organization en-ceived loss in market value or resale value which results from a direct and accidental "loss". gaged in the business of transporting property by "auto" for hire harmless forF. "Employee" includes a "leased worker". "Em- your use of a covered "auto" over a routeployee" does not include a "temporary worker". or territory that person or organization isG. "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 youvision of the applicable coverage. Except with re- by a labor leasing firm under an agreement be-spect to the Limit of Insurance, the coverage af- tween you and the labor leasing firm to performforded applies separately to each insured who is 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 dam-
1. A lease of premises; age.
2. A sidetrack agreement; K. "Mobile equipment" means any of the following types of land vehicles, including any attached3. Any easement or license agreement, except machinery or equipment:in connection with construction or demolition operations on or within 50 feet of a railroad;
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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 or3. Vehicles that travel on crawler treads; financial responsibility law or other motor vehicle4. Vehicles, whether self-propelled or not, main- insurance law where it is licensed or principallytained primarily to provide mobility to perma- garaged. Land vehicles subject to a compulsorynently mounted: or financial responsibility law or other motor vehi- cle insurance law are considered "autos".a. Power cranes, shovels, loaders, diggers or drills; or L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke,b. Road construction or resurfacing equip- vapor, soot, fumes, acids, alkalis, chemicals andment such as graders, scrapers or rollers; 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 M. "Property damage" means damage to or loss ofmaintained primarily to provide mobility to use of tangible property.permanently attached equipment of the fol- 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"; orcleaning, 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 damages or "covered pollution costs oror 4. above maintained primarily for purposes 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 resolutionbe 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 short- term workload conditions.b. Cherry pickers and similar devices mounted on automobile or truck chassis P. "Trailer" includes semitrailer. and used to raise or lower workers; and
Insurance Services Office, Inc., 2011 CA 00 01 10 13
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 pre- mium.
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.
UB7K823655
Travelers Property Casualty Company of America
3/24/2023