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HomeMy WebLinkAboutCAG2024-146 - Original - Bankers Towing - Towing and Impound Services on an as-needed basis - 02/02/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Christy Warren Police Date Sent: Date Required: > 03/19/2024 0 i Mayor or Designee to Sign. Date of Council Q Y 9 9 Approval: Q Q Interlocal Agreement Uploaded to Website Budget Account Number: Grant? Yes Nom 10002100.64190.3110 Budget? Yes E]No Type: N/A Vendor Name: Category: Bankers Towing Contract Vendor Number: Sub-Category: 0 2544854 Original 0 Project Name: Bankers Towing - As-Needed Basis cProject Details: This contract shows that Bankers Towing has requested to be placed c on the voluntary tow company rotation roster for the Kent PD. Agreement Amount: Basis for Selection of Contractor: E *Memo to Mayor must be attached i Start Date: 2/2/2024 Termination Date: N/A p1 Q Local Business? Yes FV-]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑✓ YesEl In-Process El Exempt(KCC 5.01.045) ElAuthorized Signer Verified Notice required prior to disclosure? Contract Number: F—]YesONo CAG2024-146 Comments: 1A Submitted on behalf of Cmdr. Bava a, c c 3 0 a, a, Date Received:City Attorney: Date Routed:Mayor's Office City Clerk's Office 3/21/24 ,dccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 CONTRACT TO PROVIDE K>ENT TOWING & IMPOUND SERVICES w"'"'"OION ON AN AS-NEEDED BASIS POLICE I. GENERAL TE MS BANKER 5 �owl�C� (name of towing company) (hereinafter "tow company"), has requested to be placed on the voluntary tow company rotation roster main��wined by the City of Kent's police department (hereinafter "City"), and the tow company 1[ s been accepted to that roster, effective as of the last date signed below. However, tow company agrees that eligibility to remain on the towing roster is subject to the following con itions: A. Tow co pany agrees that, except as provided for in this Contract, the City has no legal duty to ch ose tow company to provide any towing and impound service, and the City's legal obligatio to use tow company is limited to the terms in this Contract and the Kent Police Department Towing Protocols and Policies, which protocols and policies are hereby incorporated by this preference. B. By requesting appointment to the roster, tow company agrees that it wishes to be provided the opp6rtunity perform law enforcement-related tows and impounds of vehicles as provided for by I.0w, including Chapter 46.55 of the Revised Code of Washington ("RCW"). In consideration of being offered the opportunity to provide such services, tow company agrees to fully corn ly with the Kent Police Department Towing Protocols and Policies, as currently written or hereafter amended at the discretion of the City, and tow company understands that failure to comply with the Towing Protocols and Policies shall cause tow company to be removed from the tow roster. C. Tow cornpany understands that the City's relationship with tow company under this Contract is not axclusive. Tow company will be placed on a roster of companies that are eligible to be used t provide law enforcement-related tows and impounds within the City of Kent. Tow company further agrees that it shall be used on a rotational basis, and that use of any specific company at any given time will be as provided for by the Kent Police Department Towing Protocols an Policies. D. In con Ideration of tow company's willingness to fully comply with the Kent Police Department owing Protocols and Policies, the City agrees to only request tow and impound services fr6m companies that are in good standing on the tow roster at the time the services are needed; provided, the City may request services from companies not on the roster if none of the eligi le companies are available, according to the provisions of the Towing Protocols and Polick s, in emergency situations, or when the owner or person with lawful possession of the ehicle at the time of contact by the Kent Police Department requests a particular tow corn any. E. Tow co pany understands and agrees that the Kent Police Department's Tow Officer shall determ ne whether tow company has complied with the Kent Police Department Towing Protocols an Policies, and violations of the Towing Protocols and Policies may result in tow company's re oval from the tow roster and the City's termination of this Contract with tow company. Tow company further understands and agrees that any appeal of the decision of the Tow Officers all be heard and decided by the Chief of the Kent Police Department. F. In addition, tow company understands and agrees that this Contract is subject i'�glo I of 4 Contract for 1-Owing rynd lenp(Rind Services Revised 09j2022.. to immediate termination, and tow company may be removed immediately from the tow roster and a period of ineligibility for reappointment imposed for a period of 24 months, should the Tow Officer develop probable cause to believe tow company has engaged in criminal activity, d liberately overcharged any customer, repeatedly violated the Towing Protocols and Policies concerning stolen vehicles, intentionally misrepresented any material fact, failed to maintain current contact information for a controlling officer or manager, committed repeat Violations within any 12-month period, or failed to comply with any licensing requirement of the City of Kent, the State of Washington, or the Washington State Patrol. G. In adds ion to the circumstances outlined in section (I)(F) above, tow company understands and a rees that this Contract may be terminated at will either by tow company or the Ke t Police Department, without cause, by providing the other party with thirty (30) days' ad ance written notice. In addition, tow company agrees that nothing in this Contract shall prohibit the Kent Police Department from immediately removing tow company from the tow roster and terminating this Contract where, in the opinion of the Kent Police Department, Lontinued use of the tow company would create a danger to the public health, safety, or wIkare. II. INSURANCE,, LIABILITY, AND INDEMNIFICATION A. Indepe i& t ContraCtgc Relationaft. By being placed on the tow roster, tow company and its owner and operators are performing services as provided for by Ch. 46.55- RCW and are not acting as agents for the City of Kent. Financial responsibility for tow company's services shall be as provided for by Ch. 46.55 RCW. The parties intend that an Independent Contra tor/Employer Relationship be created by this Contract and agree that tow company has the at ility to control and direct the performance and details of its work. B. Work orme t Contractor's Risk. Tow company shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in tie performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at tow company's own risk, and tow company shall be rE sponsible for any loss of or damage to materials, tools, or other articles used or held for use n connection with the work. C. Insura ce. Tow company shall procure and maintain for the duration of its inclusion on the Kept Department's towing company rotation roster insurance of the types and in the a Founts set forth in the Kent Police Department's Towing Protocols and Policies, which is hereby incorporated by this reference. Attached and incorporated as Exhibit A are true and corre copies of tow company's Certificate of Insurance and endorsement evidencing such insurance coverage. D. Indemr Ification and Liability. 1. Tow company shall defend, indemnify, and hold the City of Kent, its employees, officials, agents, and volunteers harmless from any and all claims, injuries, damages, losses, orl lawsuits, including all legal costs and attorney fees, arising out of or in connection with tow, company's performance of this Contract, except for that portion of the injuries and damag s caused by the City's negligence. The City's inspection or acceptance of any of tow company's work when completed shall not be grounds to avoid any of these covenants of indemnification. This indemnification expressly applies to any claims, injuries, damages, losses, an lawsuits that arise due to any sale or other disposition tow company may make of any vehicle towed or impounded by tow company under this Contract and pursuant to the procedures prov ded for in Ch. 46.55 RCW. Flacft'. 2 of 4 Monts ao, fc:r r:"wirgl anc! YP'I'spour C7 Revised C}°91.3.022 2. Should a court of competent jurisdiction determine that this Contract is subject to RC 1 W 4. .115, then, in the event of liability for damages arising out of bodily injury to persons r damages to property caused by or resulting from the concurrent negligence of tow c mpany and the City of Kent or its officers, officials, employees, agents and volunteers, tow ompany's liability hereunder shall be only to the extent of tow company's negligence. 3. I IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION ROVIDED HEREIN CONSTITUTES THE TOW COMPANY'S WAIVER OF IMMUNITY UNDER I D STRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 4. The provisions of this section II(D) shall survive the expiration or termination of this Contract. III. OTHER TERM A. Unlawf.I Discrimination Prohibited. In the hiring of employees for the performance of w'Prk under this Contract or any subcontract, tow company, its subcontractors, or any person acting on behalf of tow company shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Tow company agrees to comply with all federal, state, and municipal laws,1 rules, and regulations that are now effective or in the future become applicable to tow company's business, equipment, and personnel engaged in operations covered by this Contract or accruing out of the performance of those operations. C. Non-Waiver of Breach. The failure of the City of Kent in one or more instances to insist upon strict performance of any of the covenants and agreements contained in this Contract, or to exec. Ise any option conferred by this Contract, shall not be construed to be a waiver or relinquis ' ent of those covenants, agreements or options, and these covenants and agreements sha I remain in full force and effect. D. Assl nm nt. Any assignment of this Contract by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to an assignment, he terms of this Contract shall continue in full force and effect and no further assignment hall be made without additional written ,consent. E. Written Notice, All communications regarding this Contract shall be sent to the parties at the addre ses listed on the signature page of this Contract, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing I by registered or certified mail, and notice shall be deemed sufficiently given if sent to the Oddressee at the address stated in this Contract or such other address as may be hereafter sp cified in writing. F. Modificati n. No waiver, alteration, or modification of any of the provisions of this Contract shall b binding unless in writing and signed by a duly authorized representative of the City of Kent a d tow company. G. Entire regiment. The written provisions and terms of this Contract, together Page. 3 of 4 contract fur-rowing and Impound Services Revised 09,20,212 with any exhibits or documents incorporated by reference, shall supersede all prior verbal statements of any officer or other representative of the City of Kent, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Contract. However, should any language in any of the incorporated documents or exhibits conflict with any language contained in this Contract, the terms of this Contract shall prevail. H. Resolution of Disputes and iGovernina Law. This Contract shall be governed by and construed in a.cordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Contract, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusive!y under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. n any claim or lawsuit for damages arising from the parties' performance of this Contract, eaoh party shall pay all legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, nothing its this paragraph shall be construed to limit the City of Kent's right to indemnification. I. Are erit to All Terms. By its signature below, tow company accepts the above-stated terms and conditions and agrees to abide by the same in consideration of being placed on the Kent Plice Department's tow rotation roster. TOW COMPANY CITY OF KENT Ljag [Insert Name of Tow Compdny] [Signature f Tow der for City of Kent Police Department] Commandpr Joshua Bava ature of Authorized Ag nt of Tow Company] [Print Name and Title] T � oa/aoay [Print Name and lltie] [Date Signed] [Date Signed] CONTACT INFORMA ON: CONTACT INFORMATION: City of Kerb Police De artment [Address] [Address] 401 220 4th Ave. S. [Address Continued] [Address Continued] Kent, WA 98032 [Address Continued] [Address Continued] ' 253-856-5U4 _ [Phone Number] �. [Phone Number] [Email] 738ava*KentWA.gov [Email] iSS��•'�ld-'. '-•i of F (..,ntract �,or Towing and, ,i.nnpokind Sexvice5 Revised 0141202 A� 02/15/15® CERTIFICATE OF LIABILITY INSURANCE DAT //2024 Y) 024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Trish Fuqua NAME: Leavitt Group Northwest PHIC0,14.E., Ext: (800)726-8771 (FAX No: (866)728-9168 PO Box 833 E-MAIL trish-fuqua@leavitt.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Auburn WA 98071 INSURERA: Pioneer Specialty Insurance Company 40312 INSURED INSURER B James E Banker Inc DBA:Banker's Auto Rebuild&Towing INSURER C: 405 S 7th St INSURER D INSURER E: Renton WA 98055-2554 INSURER F: COVERAGES CERTIFICATE NUMBER: 24-25 GL/AL/SG/UM/GKLL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 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. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICYNUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE Fx_1 OCCUR PREMISES Ea occu,,Dence $ 50,000 MED EXP(Any one person) $ 10,000 A Y CPP1230057-04 02/25/2024 02/25/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y CPP1227132-04 02/25/2024 02/25/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident X $ X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE Y UMB1038983-04 02/25/2024 02/25/2025 AGGREGATE $ 1,000,000 DED I X1 RETENTION$ 10,000 $ WORKERS COMPENSATION PER E WA Stop Gap AND EMPLOYERS'LIABILITY Y/N STATUTE X ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? NIA CPP1230057-04 02/25/2024 02/25/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ On-Hook Coverage Single Conveyance $300,000 A CPP1230058-04 02/25/2024 02/25/2025 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent is named as additional insured as required by written contract per terms and conditions of attached CGM00009 06/22,WNGL69 12/10,CA0001 10/13. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S AUTHORIZED REPRESENTATIVE / Kent WA 98032 �� @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date CO-A Garagekeepers Legal Liability GKLL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $300,000 1,000 Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium rOFADTLCV Copyright 2001,AMS Services,Inc. COMMERICAL GENERAL LIABILITY CG MU 0009 06 22 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro- vided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet ......................................................................................2 Property Damage Liability • Elevators ....................................................................................................................................3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception.......................................................3 • Borrowed Equipment($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence.........................................................................................3 Supplementary Payments—Amended • Bail Bonds Up To$5,000...........................................................................................................3 • Loss of Earnings Up To$500/Day ............................................................................................3 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee...............................................................................4 • Newly Formed Or Acquired Organizations For Up To 180 Days...............................................4 • Blanket Additional Insured —Vendors—As Required By Contract............................................4 • Blanket Additional Insured — Lessor Of Leased Equipment......................................................6 • Blanket Additional Insured — Managers Or Lessors Of Premises..............................................6 • Blanket Additional Insured —State Or Governmental Agency Or Subdivisions Or Political Subdivision — Permits Or Authorizations..............................................................7 • Blanket Additional Insured —State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Relating To Premises...........................8 Damage To Premises Rented To You — $300,000...............................................................................9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations .............................9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended...................................................9 • Unintentional Failure To Disclose Hazards................................................................................9 • Waiver of Subrogation..............................................................................................................10 InsuredContract Amended...................................................................................................................10 Personal And Advertising Injury Redefined • Televised, Videotaped Or Electronic Publication.....................................................................10 CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 1 of 10 COMMERCIAL GENERAL LIABILITY CG MU 0009 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2. Exclusions, Paragraph g. is replaced by the following: g. Aircraft, Auto Or Watercraft "Bodily injury" or"property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved in the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract' for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or"property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equipment'. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 2 of 10 B. Damage To Property Coverage Extensions Item 2. Exclusions, Paragraph j. is replaced by the following: j. Damage To Property "Property damage"to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion or sprinkler leakage)to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are "your work"and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III — LIMITS OF INSURANCE, the rules below fix the most we will pay for"property damage" under this provision: (1) $25,000 any one"occurrence", regardless of the number of persons or organizations who sustain damages because of that"occurrence"; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of$2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or"suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". The insurance provided for "property damage" from the use of elevators and for "property damage" to borrowed equipment is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions, the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III— LIMITS OF INSURANCE. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 3 of 10 COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub-paragraphs b. and c. with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS—COVERAGES A AND B E. Supplementary Payments—Coverages A and B Item 1. is amended by replacing Subparagraphs b. and d.with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. SECTION II—WHO IS AN INSURED AMENDMENTS A. Employee Bodily Injury To A Co-Employee Paragraph 2. a. (1) is replaced by the following: However, none of these"employees"or"volunteer workers" are insureds for"bodily injury"or"personal and advertising injury": (a) To you, to your partners or members (if you are a partnership orjoint venture),to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for"bodily injury"or"personal and advertising injury"to any co-"employee" or other "volunteer worker" arising out of and in the course of the co-"employee's" or "volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co-"employee" or other"volunteer worker", is brought against you or a co-"employee" or a "volunteer worker",we will reimburse the reasonable costs that you incur in providing a defense to the co-"employee" or"volunteer worker" against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. B. Newly Acquired Organizations Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is earlier; CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 4 of 10 The following are added: C. Blanket Additional Insured—Vendors—As Required By Contract 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to "bodily injury" or"property damage" arising out of"your products"which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contractor agreement,the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (4) or(6); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 3. This Provision C. does not apply: a. To any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products; b. To any vendor for which coverage as an additional insured specifically is scheduled by endorsement; or c. When liability included within the"products-completed operations hazard" has been excluded for such product either by the provisions of the coverage part or by endorsement. 4. With respect to the insurance afforded to these vendors,the following is added to Section III—Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 5 of 10 5. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving,or failing to prepare or approve, maps,shop drawings,opinions, reports,surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. D. Blanket Additional Insured— Lessor Of Leased Equipment 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s)or organization(s)is an insured only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused by your negligent acts or omissions in the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. Does not apply to any "occurrence"which takes place after the equipment lease expires; A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to the Lessor, the following additional exclusions apply: "Bodily injury" or"property damage" arising out of: (1) The assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement; (2) Any express warranty made by the Lessor; (3) The demonstration, installation, servicing, inspections, adjustments, tests, repair, or maintenance operations by or for the Lessor; (4) The negligence or strict liability of the Lessor for its own acts or or omissions or those of its employees or anyone else acting on its behalf; or (5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with respect to the maintenance, use or operation of the equipment. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 6 of 10 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving,or failing to prepare or approve, maps,shop drawings,opinions, reports,surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment,training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering,architectural or surveying services in your capacity as an engineer, architect or surveyor. E. Blanket Additional Insured— Managers Or Lessors Of Premises 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a. Any 'occurrence"which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving,or failing to prepare or approve, maps,shop drawings,opinions, reports,surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment,training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering,architectural or surveying services in your capacity as an engineer, architect or surveyor. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 7 of 10 F. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Section II —Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury"or"property damage" included within the "products-completed operations hazard". 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving,or failing to prepare or approve, maps,shop drawings,opinions, reports,surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment,training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. G. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision— Permits Or Authorizations Relating To Premises Section II —Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 8 of 10 However, a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving,or failing to prepare or approve, maps,shop drawings,opinions, reports,surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment,training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. SECTION III —LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of"property damage" to any one premises,while rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater of: a. $300,000; or b. The amount shown next to the Damage To Premises Rented To You Limit in the Declarations. However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person is the greater of: a. $10,000; or b. The amount shown next to the Medical Expense Limit in the Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the provisions of the coverage part or by endorsement. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 9 of 10 SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Offense, Claim or Suit is amended by adding the following: e. You must give us or our authorized representative prompt notice of an "occurrence", claim or loss only when the "occurrence", claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. B. Other Insurance Item 4. Other Insurance, b. Excess Insurance(1) (a) (ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; C. Unintentional Failure To Disclose Hazards Item 6. Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Waiver of Subrogation Item 8. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a written contract, executed prior to loss, requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring"suit"or transfer those rights to us and help us enforce those rights. SECTION V—DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; B. Personal And Advertising Injury Redefined Paragraph 14. d. and e. are replaced by the following: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 10 of 10 COMMERCIAL GENERAL LIABILITY WN GL 69 12 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following condition is added: If we cancel this policy, for any reason other than nonpayment of premium, we will mail advance notice to the person(s) or organization(s) as shown in the Schedule in accordance with the Cancellation and Nonrenewal conditions of the policy and any applicable endorsements. SCHEDULE Person or Organization (Name and Address) CITY OF KENT 30 DAYS NOTICE 220 4TH AVE S KENT WA 98032 WN GL 69 12 10 Page 1 of 1 COMMERCIAL AUTO CA 00 01 10 13 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" following numerical symbols describe the "autos" that refer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. S mbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those"autos"you own (and for Covered Autos Liability Coverage any Only "trailers"you don't own while attached to power units you own). This includes those "autos"you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger"autos"you own. This includes those private Passenger passenger"autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those"autos"you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any"trailers"you don't own while attached to Than Private power units you own). This includes those"autos" not of the private passenger Passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned "Autos" Only those"autos"you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those"autos"you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those"autos"you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those"autos"described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those"autos"you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned Only those"autos"you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos"owned by your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Pagel of 12 19 Mobile Only those"autos" that are land vehicles and that would qualify under the definition Equipment of"mobile equipment" under this policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy SECTION II—COVERED AUTOS LIABILITY Begins COVERAGE 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered A. Coverage next to a coverage in Item Two of the We will pay all sums an "insured" legally must pay Declarations, then you have coverage for as damages because of"bodily injury" or "property "autos" that you acquire of the type described damage" to which this insurance applies, caused for the remainder of the policy period. by an "accident" and resulting from the ownership, 2. But, if Symbol 7 is entered next to a coverage maintenance or use of a covered "auto". in Item Two of the Declarations, an "auto" you We will also pay all sums an "insured" legally must acquire will be a covered "auto" for that pay as a "covered pollution cost or expense" to coverage only if: which this insurance applies, caused by an a. We already cover all "autos" that you own "accident" and resulting from the ownership, for that coverage or it replaces an "auto" maintenance or use of covered "autos". However, you previously owned that had that we will only pay for the "covered pollution cost or coverage; and expense" if there is either "bodily injury" or b. You tell us within 30 days after you acquire "property damage" to which this insurance applies it that you want us to cover it for that that is caused by the same "accident". coverage. We have the right and duty to defend any C. Certain Trailers Mobile Equipment And "insured" against a "suit" asking for such damages Temporary Substitute Autos or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a If Covered Autos Liability Coverage is provided by "suit" seeking damages for "bodily injury" or this Coverage Form, the following types of "property damage" or a "covered pollution cost or vehicles are also covered "autos" for Covered expense" to which this insurance does not apply. Autos Liability Coverage: We may investigate and settle any claim or "suit" 1. "Trailers" with a load capacity of 2,000 pounds as we consider appropriate. Our duty to defend or or less designed primarily for travel on public settle ends when the Covered Autos Liability roads. Coverage Limit of Insurance has been exhausted 2. "Mobile equipment" while being carried or by payment of judgments or settlements. towed by a covered "auto". 1. Who Is An Insured 3. Any "auto" you do not own while used with the The following are "insureds": permission of its owner as a temporary a. You for any covered "auto". substitute for a covered "auto" you own that is out of service because of its: b. Anyone else while using with your a. Breakdown; permission a covered "auto" you own, hire or borrow except: b. Repair; (1) The owner or anyone else from whom c. Servicing; you hire or borrow a covered "auto". d. "Loss"; or This exception does not apply if the covered "auto" is a "trailer" connected to e. Destruction. a covered "auto" you own. Page 2 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 (2) Your "employee" if the covered "auto" is These payments will not reduce the Limit of owned by that "employee" or a member Insurance. of his or her household. b. Out-of-state Coverage Extensions (3) Someone using a covered "auto" while While a covered "auto" is away from the he or she is working in a business of state where it is licensed, we will: selling, servicing, repairing, parking or storing "autos" unless that business is (1) Increase the Limit of Insurance for yours. Covered Autos Liability Coverage to (4) Anyone other than your "employees", meet the limits specified by a partners (if you are a partnership), compulsory or financial responsibility law of the jurisdiction where the covered members (if you are a limited liability "auto" is being used. This extension company) or a lessee or borrower or does not apply to the limit or limits any of their "employees", while moving specified by any law governing motor property to or from a covered "auto". carriers of passengers or property. (5) A partner (if you are a partnership) or a (2) Provide the minimum amounts and member (if you are a limited liability types of other coverages, such as no- company)for a covered "auto" owned by fault, required of out-of-state vehicles by him or her or a member of his or her the jurisdiction where the covered "auto" household. is being used. c. Anyone liable for the conduct of an We will not pay anyone more than once for "insured" described above but only to the the same elements of loss because of extent of that liability. these extensions. 2. Coverage Extensions B. Exclusions a. Supplementary Payments This insurance does not apply to any of the We will pay for the "insured": following: (1) All expenses we incur. 1. Expected Or Intended Injury (2) Up to $2,000 for cost of bail bonds "Bodily injury" or "property damage" expected (including bonds for related traffic law or intended from the standpoint of the violations) required because of an "insured". "accident" we cover. We do not have to 2. Contractual furnish these bonds. (3) The cost of bonds to release Liability assumed under any contract or agreement. attachments in any suit against the "insured" we defend, but only for bond But this exclusion does not apply to liability for amounts within our Limit of Insurance. damages: (4) All reasonable expenses incurred by the a. Assumed in a contract or agreement that is "insured" at our request, including actual an "insured contract", provided the "bodily loss of earnings up to $250 a day injury" or "property damage" occurs because of time off from work. subsequent to the execution of the contract (5) All court costs taxed against the or agreement; or "insured" in any "suit" against the b. That the "insured" would have in the "insured" we defend. However, these absence of the contract or agreement. payments do not include attorneys' fees 3. Workers' Compensation or attorneys' expenses taxed against the Any obligation for which the "insured" or the "insured". "insured's" insurer may be held liable under (6) All interest on the full amount of any any workers' compensation, disability benefits judgment that accrues after entry of the or unemployment compensation law or any judgment in any "suit" against the similar law. "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 3 of 12 4. Employee Indemnification And Employer's b. After it is moved from the covered "auto" to Liability the place where it is finally delivered by the "Bodily injury"to: "insured". a. An "employee" of the "insured" arising out 8. Movement Of Property By Mechanical of and in the course of: Device (1) Employment by the"insured"; or "Bodily injury" or "property damage" resulting from the movement of property by a (2) Performing the duties related to the mechanical device (other than a hand truck) conduct of the"insured's" business; or unless the device is attached to the covered b. The spouse, child, parent, brother or sister "auto". of that "employee" as a consequence of 9. Operations Paragraph a. above. "Bodily injury" or "property damage" arising out This exclusion applies: of the operation of: (1) Whether the "insured" may be liable as a. Any equipment listed in Paragraphs 6.b. an employer or in any other capacity; and 6.c. of the definition of "mobile and equipment"; or (2) To any obligation to share damages with b. Machinery or equipment that is on, attached or repay someone else who must pay to or part of a land vehicle that would damages because of the injury. qualify under the definition of "mobile But this exclusion does not apply to "bodily equipment" if it were not subject to a injury" to domestic "employees" not entitled to compulsory or financial responsibility law or workers' compensation benefits or to liability other motor vehicle insurance law where it assumed by the "insured" under an "insured is licensed or principally garaged. contract". For the purposes of the Coverage 10. Completed Operations Form, a domestic "employee" is a person engaged in household or domestic work "Bodily injury" or "property damage" arising out performed principally in connection with a of your work after that work has been completed or abandoned. residence premises. 5. Fellow Employee In this exclusion, your work means: "Bodily injury"to: a. Work or operations performed by you or on a. Any fellow "employee" of the "insured" your behalf; and arising out of and in the course of the fellow b. Materials, parts or equipment furnished in "employee's" employment or while connection with such work or operations. performing duties related to the conduct of Your work includes warranties or your business; or representations made at any time with respect b. The spouse, child, parent, brother or sister to the fitness, quality, durability or performance of that fellow "employee" as a consequence of any of the items included in Paragraph a. or of Paragraph a. above. b. above. 6. Care, Custody Or Control Your work will be deemed completed at the earliest of the following times: Property damage to or covered pollution cost or expense involving property owned or (1) When all of the work called for in your transported by the insured or in the contract has been completed; "insured's" care, custody or control. But this (2) When all of the work to be done at the exclusion does not apply to liability assumed site has been completed if your contract under a sidetrack agreement. calls for work at more than one site; or 7. Handling Of Property (3) When that part of the work done at a job "Bodily injury" or "property damage" resulting site has been put to its intended use by from the handling of property: any person or organization other than another contractor or subcontractor a. Before it is moved from the place where it is working on the same project. accepted by the "insured" for movement into or onto the covered "auto"; or Page 4 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 Work that may need service, maintenance, Paragraphs b. and c. above of this exclusion correction, repair or replacement, but which is do not apply to "accidents" that occur away otherwise complete, will be treated as from premises owned by or rented to an completed. "insured" with respect to "pollutants" not in or 11. Pollution upon a covered "auto" if: "Bodily injury" or "property damage" arising out (a) The "pollutants" or any property in of the actual, alleged or threatened discharge, which the "pollutants" are contained dispersal, seepage, migration, release or are upset, overturned or damaged as escape of"pollutants": a result of the maintenance or use of a. That are, or that are contained in any a covered "auto"; and property that is: (b) The discharge, dispersal, seepage, migration, release or escape of the (1) Being transported or towed by, handled "pollutants" is caused directly by or handled for movement into, onto or such upset, overturn or damage. from the covered "auto"; 12. War (2) Otherwise in the course of transit by or on behalf of the "insured"; or "Bodily injury" or "property damage" arising directly or indirectly out of: (3) Being stored, disposed of, treated or processed in or upon the covered a. War, including undeclared or civil war; "auto"; b. Warlike action by a military force, including b. Before the "pollutants" or any property in action in hindering or defending against an which the "pollutants" are contained are actual or expected attack, by any moved from the place where they are government, sovereign or other authority accepted by the "insured" for movement using military personnel or other agents; or into or onto the covered "auto"; or c. Insurrection, rebellion, revolution, usurped c. After the "pollutants" or any property in power or action taken by governmental which the "pollutants" are contained are authority in hindering or defending against moved from the covered "auto" to the place any of these. where they are finally delivered, disposed of 13. Racing or abandoned by the "insured". Covered "autos" while used in any professional Paragraph a. above does not apply to fuels, or organized racing or demolition contest or lubricants, fluids, exhaust gases or other stunting activity, or while practicing for such similar "pollutants" that are needed for or result contest or activity. This insurance also does from the normal electrical, hydraulic or not apply while that covered "auto" is being mechanical functioning of the covered "auto" or prepared for such a contest or activity. its parts if: C. Limit Of Insurance (1) The "pollutants" escape, seep, migrate Regardless of the number of covered "autos", or are discharged, dispersed or released "insureds", premiums paid, claims made or directly from an "auto" part designed by vehicles involved in the "accident", the most we its manufacturer to hold, store, receive will pay for the total of all damages and "covered or dispose of such "pollutants"; and pollution cost or expense" combined resulting from (2) The "bodily injury", "property damage"or any one "accident" is the Limit Of Insurance for "covered pollution cost or expense" Covered Autos Liability Coverage shown in the does not arise out of the operation of Declarations. any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 5 of 12 All "bodily injury", "property damage" and "covered 3. Glass Breakage—Hitting A Bird Or Animal— pollution cost or expense" resulting from Falling Objects Or Missiles continuous or repeated exposure to substantially If you carry Comprehensive Coverage for the the same conditions will be considered as damaged covered "auto", we will pay for the resulting from one "accident". following under Comprehensive Coverage: No one will be entitled to receive duplicate a. Glass breakage; payments for the same elements of "loss" under this Coverage Form and any Medical Payments b. "Loss" caused by hitting a bird or animal; Coverage endorsement, Uninsured Motorists and Coverage endorsement or Underinsured Motorists c. "Loss" caused by falling objects or missiles. Coverage endorsement attached to this Coverage However, you have the option of having glass Part. breakage caused by a covered "auto's" SECTION III— PHYSICAL DAMAGE COVERAGE collision or overturn considered a "loss" under A. Coverage Collision Coverage. 1. We will pay for "loss" to a covered "auto" or its 4. Coverage Extensions equipment under: a. Transportation Expenses a. Comprehensive Coverage We will pay up to $20 per day, to a From any cause except: maximum of $600, for temporary transportation expense incurred by you (1) The covered autos„ collision with because of the total theft of a covered another object; or "auto" of the private passenger type. We (2) The covered "auto's"overturn. will pay only for those covered "autos" for b. Specified Causes Of Loss Coverage which you carry either Comprehensive or Specified Causes Of Loss Coverage. We Caused by: will pay for temporary transportation (1) Fire, lightning or explosion; expenses incurred during the period (2) Theft; beginning 48 hours after the theft and ending, regardless of the policy's expiration, (3) Windstorm, hail or earthquake; when the covered "auto" is returned to use (4) Flood; or we pay for its"loss". (5) Mischief or vandalism; or b. Loss Of Use Expenses (6) The sinking, burning, collision or For Hired Auto Physical Damage, we will derailment of any conveyance pay expenses for which an "insured" transporting the covered "auto". becomes legally responsible to pay for loss c. Collision Coverage of use of a vehicle rented or hired without a driver under a written rental contract or Caused by: agreement. We will pay for loss of use (1) The covered "auto's" collision with expenses if caused by: another object; or (1) Other than collision only if the (2) The covered "auto's"overturn. Declarations indicates that Comprehensive Coverage is provided 2. Towing for any covered "auto"; We will pay up to the limit shown in the (2) Specified Causes Of Loss only if the Declarations for towing and labor costs Declarations indicates that Specified incurred each time a covered "auto" of the Causes Of Loss Coverage is provided private passenger type is disabled. However, for any covered "auto"; or the labor must be performed at the place of disablement. Page 6 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 (3) Collision only if the Declarations b. Any device designed or used to detect indicates that Collision Coverage is speed-measuring equipment, such as radar provided for any covered "auto". or laser detectors, and any jamming However, the most we will pay for any apparatus intended to elude or disrupt expenses for loss of use is $20 per day, to speed-measuring equipment. a maximum of$600. c. Any electronic equipment, without regard to B. Exclusions whether this equipment is permanently installed, that reproduces, receives or 1. We will not pay for"loss" caused by or resulting transmits audio, visual or data signals. from any of the following. Such "loss" is excluded regardless of any other cause or d. Any accessories used with the electronic event that contributes concurrently or in any equipment described in Paragraph c. sequence to the "loss". above. a. Nuclear Hazard 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by (1) The explosion of any weapon employing use of the power from the "auto's" electrical atomic fission or fusion; or system that, at the time of"loss", is: (2) Nuclear reaction or radiation, or a. Permanently installed in or upon the radioactive contamination, however covered "auto"; caused. b. Removable from a housing unit which is b. War Or Military Action permanently installed in or upon the (1) War, including undeclared or civil war; covered "auto"; (2) Warlike action by a military force, c. An integral part of the same unit housing including action in hindering or any electronic equipment described in defending against an actual or expected Paragraphs a. and b. above; or attack, by any government, sovereign or d. Necessary for the normal operation of the other authority using military personnel covered "auto" or the monitoring of the or other agents; or covered "auto's" operating system. (3) Insurrection, rebellion, revolution, 6. We will not pay for "loss" to a covered "auto" usurped power or action taken by due to"diminution in value". governmental authority in hindering or defending against any of these. C. Limits Of Insurance 2. We will not pay for "loss" to any covered "auto" 1. The most we will pay for: while used in any professional or organized a. "Loss" to any one covered "auto" is the racing or demolition contest or stunting activity, lesser of: or while practicing for such contest or activity. (1) The actual cash value of the damaged We will also not pay for "loss" to any covered or stolen property as of the time of the auto while that covered auto is being "loss"; or prepared for such a contest or activity. 3. We will not pay for"loss"due and confined to: (2) The cost of repairing or replacing the damaged or stolen property with other a. Wear and tear, freezing, mechanical or property of like kind and quality. electrical breakdown. b. All electronic equipment that reproduces, b. Blowouts, punctures or other road damage receives or transmits audio, visual or data to tires. signals in any one "loss" is $1,000, if, at the This exclusion does not apply to such "loss" time of"loss", such electronic equipment is: resulting from the total theft of a covered (1) Permanently installed in or upon the "auto". covered "auto" in a housing, opening or 4. We will not pay for "loss" to any of the other location that is not normally used following: by the "auto" manufacturer for the a. Tapes, records, discs or other similar audio, installation of such equipment; visual or data electronic devices designed for use with audio, visual or data electronic equipment. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 7 of 12 (2) Removable from a permanently installed (2) The"insured's" name and address; and housing unit as described in Paragraph (3) To the extent possible, the names and b.(1) above; or addresses of any injured persons and (3) An integral part of such equipment as witnesses. described in Paragraphs b.(1) and b.(2) b. Additionally, you and any other involved above. "insured" must: 2. An adjustment for depreciation and physical (1) Assume no obligation, make no condition will be made in determining actual payment or incur no expense without cash value in the event of a total "loss". our consent, except at the "insured's" 3. If a repair or replacement results in better than own cost. like kind or quality, we will not pay for the (2) Immediately send us copies of any amount of the betterment. request, demand, order, notice, D. Deductible summons or legal paper received For each covered "auto", our obligation to pay for, concerning the claim or"suit". repair, return or replace damaged or stolen (3) Cooperate with us in the investigation or property will be reduced by the applicable settlement of the claim or defense deductible shown in the Declarations. Any against the"suit". Comprehensive Coverage deductible shown in the (4) Authorize us to obtain medical records Declarations does not apply to "loss" caused by or other pertinent information. fire or lightning. SECTION IV— BUSINESS AUTO CONDITIONS (5) Submit examination, at our expense, by physicians of our choice, as often as The following conditions apply in addition to the we reasonably require. Common Policy Conditions: c. If there is "loss" to a covered "auto" or its A. Loss Conditions equipment, you must also do the following: 1. Appraisal For Physical Damage Loss (1) Promptly notify the police if the covered If you and we disagree on the amount of"loss", "auto"or any of its equipment is stolen. either may demand an appraisal of the "loss". (2) Take all reasonable steps to protect the In this event, each party will select a competent covered "auto" from further damage. appraiser. The two appraisers will select a Also keep a record of your expenses for competent and impartial umpire. The consideration in the settlement of the appraisers will state separately the actual cash claim. value and amount of"loss". If they fail to agree, (3) Permit us to inspect the covered "auto" they will submit their differences to the umpire. and records proving the "loss" before its A decision agreed to by any two will be repair or disposition. binding. Each party will: a. Pay its chosen appraiser; and (4) Agree to examinations under oath at our request and give us a signed statement b. Bear the other expenses of the appraisal of your answers. and umpire equally. 3. Legal Action Against Us If we submit to an appraisal, we will still retain No one may bring a legal action against us our right to deny the claim. under this Coverage Form until: 2. Duties In The Event Of Accident, Claim, Suit a. There has been full compliance with all the Or Loss terms of this Coverage Form; and We have no duty to provide coverage under b. Under Covered Autos Liability Coverage, this policy unless there has been full compliance with the following duties: we agree in writing that the "insured" has an obligation to pay or until the amount of that a. In the event of "accident", claim, "suit" or obligation has finally been determined by "loss", you must give us or our authorized judgment after trial. No one has the right representative prompt notice of the under this policy to bring us into an action "accident"or"loss". Include: to determine the"insured's" liability. (1) How, when and where the "accident" or "loss" occurred; Page 8 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 4. Loss Payment— Physical Damage 5. Other Insurance Coverages a. For any covered "auto" you own, this At our option, we may: Coverage Form provides primary a. Pay for, repair or replace damaged or insurance. For any covered "auto" you don't stolen property; own, the insurance provided by this Coverage Form is excess over any other b. Return the stolen property, at our expense. collectible insurance. However, while a We will pay for any damage that results to covered "auto" which is a "trailer" is the "auto"from the theft; or connected to another vehicle, the Covered c. Take all or any part of the damaged or Autos Liability Coverage this Coverage stolen property at an agreed or appraised Form provides for the "trailer" is: value. (1) Excess while it is connected to a motor If we pay for the "loss", our payment will vehicle you do not own; or include the applicable sales tax for the (2) Primary while it is connected to a damaged or stolen property. covered "auto"you own. 5. Transfer Of Rights Of Recovery Against b. For Hired Auto Physical Damage Coverage, Others To Us any covered "auto" you lease, hire, rent or If any person or organization to or for whom we borrow is deemed to be a covered "auto" make payment under this Coverage Form has you own. However, any "auto" that is rights to recover damages from another, those leased, hired, rented or borrowed with a rights are transferred to us. That person or driver is not a covered "auto". organization must do everything necessary to c. Regardless of the provisions of Paragraph secure our rights and must do nothing after a. above, this Coverage Form's Covered "accident"or"loss"to impair them. Autos Liability Coverage is primary for any B. General Conditions liability assumed under an "insured 1. Bankruptcy contract". Bankruptcy or insolvency of the"insured"or the d. When this Coverage Form and any other "insured's" estate will not relieve us of any Coverage Form or policy covers on the obligations under this Coverage Form. same basis, either excess or primary, we will pay only our share. Our share is the 2. Concealment, Misrepresentation Or Fraud proportion that the Limit of Insurance of our This Coverage Form is void in any case of Coverage Form bears to the total of the fraud by you at any time as it relates to this limits of all the Coverage Forms and Coverage Form. It is also void if you or any policies covering on the same basis. other "insured", at any time, intentionally 6. Premium Audit conceals or misrepresents a material fact concerning: a. The estimated premium for this Coverage Form is based on the exposures you told us a. This Coverage Form; you would have when this policy began. We b. The covered "auto"; will compute the final premium due when c. Your interest in the covered "auto"; or we determine your actual exposures. The estimated total premium will be credited d. A claim under this Coverage Form. against the final premium due and the first 3. Liberalization Named Insured will be billed for the If we revise this Coverage Form to provide balance, if any. The due date for the final more coverage without additional premium premium or retrospective premium is the charge, your policy will automatically provide date shown as the due date on the bill. If the additional coverage as of the day the the estimated total premium exceeds the final premium due, the first Named Insured revision is effective in your state. will get a refund. 4. No Benefit To Bailee—Physical Damage b. If this policy is issued for more than one Coverages year, the premium for this Coverage Form We will not recognize any assignment or grant will be computed annually based on our any coverage for the benefit of any person or rates or premiums in effect at the beginning organization holding, storing or transporting of each year of the policy. property for a fee regardless of any other provision of this Coverage Form. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 7. Policy Period, Coverage Territory 2. Any other land vehicle that is subject to a Under this Coverage Form, we cover compulsory or financial responsibility law or "accidents" and "losses"occurring: other motor vehicle insurance law where it is a. During the policy period shown in the licensed or principally garaged. Declarations; and However, "auto" does not include "mobile b. Within the coverage territory. equipment". C. "Bodily injury" means bodily injury, sickness or The coverage territory is: disease sustained by a person, including death (1) The United States of America; resulting from any of these. (2) The territories and possessions of the D. "Covered pollution cost or expense" means any United States of America; cost or expense arising out of: (3) Puerto Rico; 1. Any request, demand, order or statutory or (4) Canada; and regulatory requirement that any "insured" or others test for, monitor, clean up, remove, (5) Anywhere in the world if a covered contain, treat, detoxify or neutralize, or in any "auto" of the private passenger type is way respond to, or assess the effects of, leased, hired, rented or borrowed "pollutants"; or without a driver for a period of 30 days 2. Any claim or "suit" by or on behalf of a or less, governmental authority for damages because provided that the "insured's" responsibility to of testing for, monitoring, cleaning up, pay damages is determined in a "suit" on the removing, containing, treating, detoxifying or merits, in the United States of America, the neutralizing, or in any way responding to, or territories and possessions of the United States assessing the effects of, "pollutants". of America, Puerto Rico or Canada, or in a "Covered pollution cost or expense" does not settlement we agree to. include any cost or expense arising out of the We also cover "loss" to, or "accidents" actual, alleged or threatened discharge, dispersal, involving, a covered "auto" while being seepage, migration, release or escape of transported between any of these places. "pollutants": 8. Two Or More Coverage Forms Or Policies a. That are, or that are contained in any Issued By Us property that is: If this Coverage Form and any other Coverage (1) Being transported or towed by, handled Form or policy issued to you by us or any or handled for movement into, onto or company affiliated with us applies to the same from the covered "auto"; "accident", the aggregate maximum Limit of (2) Otherwise in the course of transit by or Insurance under all the Coverage Forms or on behalf of the "insured"; or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage (3) Being stored, disposed of, treated or Form or policy. This condition does not apply to processed in or upon the covered any Coverage Form or policy issued by us or "auto"; an affiliated company specifically to apply as b. Before the "pollutants" or any property in excess insurance over this Coverage Form. which the "pollutants" are contained are SECTION V— DEFINITIONS moved from the place where they are A. "Accident" includes continuous or repeated accepted by the "insured" for movement exposure to the same conditions resulting in into or onto the covered "auto"; or "bodily injury"or"property damage". c. After the "pollutants" or any property in B. "Auto" means: which the "pollutants" are contained are moved from the covered auto to the place 1. A land motor vehicle, "trailer" or semitrailer where they are finally delivered, disposed of designed for travel on public roads; or or abandoned by the "insured". Page 10 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 Paragraph a. above does not apply to fuels, 5. That part of any other contract or agreement lubricants, fluids, exhaust gases or other pertaining to your business (including an similar "pollutants" that are needed for or result indemnification of a municipality in connection from the normal electrical, hydraulic or with work performed for a municipality) under mechanical functioning of the covered "auto" or which you assume the tort liability of another to its parts, if: pay for"bodily injury" or"property damage" to a (1) The "pollutants" escape, seep, migrate third party or organization. Tort liability means or are discharged, dispersed or released a liability that would be imposed by law in the directly from an "auto" part designed by absence of any contract or agreement; or its manufacturer to hold, store, receive 6. That part of any contract or agreement entered or dispose of such "pollutants"; and into, as part of your business, pertaining to the (2) The "bodily injury", "property damage"or rental or lease, by you or any of your "covered pollution cost or expense" "employees", of any "auto". However, such does not arise out of the operation of contract or agreement shall not be considered any equipment listed in Paragraph 6.b. an "insured contract" to the extent that it or 6.c. of the definition of "mobile obligates you or any of your "employees" to equipment". pay for "property damage" to any "auto" rented Paragraphs b. and c. above do not apply to or leased by you or any of your"employees". "accidents" that occur away from premises An "insured contract" does not include that part of owned by or rented to an "insured" with respect any contract or agreement: to "pollutants" not in or upon a covered "auto" a. That indemnifies a railroad for"bodily injury" if: or "property damage" arising out of (a) The "pollutants" or any property in construction or demolition operations, within which the "pollutants" are contained 50 feet of any railroad property and are upset, overturned or damaged as affecting any railroad bridge or trestle, a result of the maintenance or use of tracks, roadbeds, tunnel, underpass or a covered "auto"; and crossing; (b) The discharge, dispersal, seepage, b. That pertains to the loan, lease or rental of migration, release or escape of the an "auto" to you or any of your "pollutants" is caused directly by "employees", if the "auto" is loaned, leased such upset, overturn or damage. or rented with a driver; or E. "Diminution in value" means the actual or c. That holds a person or organization perceived loss in market value or resale value engaged in the business of transporting which results from a direct and accidental "loss". property by "auto"for hire harmless for your use of a covered "auto" over a route or F. "Employee" includes a "leased worker". territory that person or organization is "Employee" does not include a "temporary authorized to serve by public authority. worker". I. "Leased worker" means a person leased to you by G. "Insured" means any person or organization a labor leasing firm under an agreement between qualifying as an insured in the Who Is An Insured you and the labor leasing firm to perform duties provision of the applicable coverage. Except with related to the conduct of your business. "Leased respect to the Limit of Insurance, the coverage worker"does not include a "temporary worker". afforded applies separately to each insured who is seeking coverage or against whom a claim or J. "Loss" means direct and accidental loss or "suit" is brought. damage. H. "Insured contract" means: K. "Mobile equipment" means any of the following types of land vehicles, including any attached 1. A lease of premises; machinery or equipment: 2. A sidetrack agreement; 1. Bulldozers, farm machinery, forklifts and other 3. Any easement or license agreement, except in vehicles designed for use principally off public connection with construction or demolition roads; operations on or within 50 feet of a railroad; 2. Vehicles maintained for use solely on or next to 4. An obligation, as required by ordinance, to premises you own or rent; indemnify a municipality, except in connection 3. Vehicles that travel on crawler treads; with work for a municipality; CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 11 of 12 4. Vehicles, whether self-propelled or not, However, "mobile equipment" does not include maintained primarily to provide mobility to land vehicles that are subject to a compulsory or permanently mounted: financial responsibility law or other motor vehicle a. Power cranes, shovels, loaders, diggers or insurance law where it is licensed or principally drills; or garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle b. Road construction or resurfacing equipment insurance law are considered "autos". such as graders, scrapers or rollers; L. "Pollutants" means any solid, liquid, gaseous or 5. Vehicles not described in Paragraph 1., 2., 3. thermal irritant or contaminant, including smoke, or 4. above that are not self-propelled and are vapor, soot, fumes, acids, alkalis, chemicals and maintained primarily to provide mobility to waste. Waste includes materials to be recycled, permanently attached equipment of the reconditioned or reclaimed. following types: M. "Property damage" means damage to or loss of a. Air compressors, pumps and generators, use of tangible property. including spraying, welding, building cleaning, geophysical exploration, lighting N. "Suit" means a civil proceeding in which: and well-servicing equipment; or 1. Damages because of "bodily injury" or b. Cherry pickers and similar devices used to "property damage"; or raise or lower workers; or 2. A"covered pollution cost or expense"; 6. Vehicles not described in Paragraph 1., 2., 3. to which this insurance applies, are alleged. or 4. above maintained primarily for purposes "Suit" includes: other than the transportation of persons or cargo. However, self-propelled vehicles with a. An arbitration proceeding in which such the following types of permanently attached damages or "covered pollution costs or equipment are not "mobile equipment" but will expenses" are claimed and to which the be considered "autos": "insured" must submit or does submit with a. Equipment designed primarily for: our consent; or (1) Snow removal; b. Any other alternative dispute resolution proceeding in which such damages or (2) Road maintenance, but not construction "covered pollution costs or expenses" are or resurfacing; or claimed and to which the insured submits (3) Street cleaning; with our consent. b. Cherry pickers and similar devices mounted O. "Temporary worker" means a person who is on automobile or truck chassis and used to furnished to you to substitute for a permanent raise or lower workers; and "employee" on leave or to meet seasonal or short- term workload conditions. c. Air compressors, pumps and generators, including spraying, welding, building P. "Trailer" includes semitrailer. cleaning, geophysical exploration, lighting or well-servicing equipment. Page 12 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13