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HomeMy WebLinkAboutPacific Infrastructure - Insurance Certificates `��°�°® CERTIFICATE OF LIABILITY INSURANCE 11/1/z 09' PRODUCER (510)273-8888 FAX: (510)273-8867 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Saylor & Hill Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA License: 0003950 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1999 Harrison Suite 1230 Oakland CA 94612 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Travelers P �"'iC o 25674 IIj Pacific Infrastructure Corporation INSURER B:Travelers (w,,,, . 2134 Rheem Dr. , Suite C INSURER C: INSURER D: Nov 4 200 Pleasanton CA 94588 INSURER E: NO r 2009 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE P �II TED.NOTWITHSTAN DING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO :. •INI LATE 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR��gqDD'L POLICY EFFECTIVE POLICY EXPIRATION LTR YNSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YYYYI DATE(MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 300,000 A CLAIMS MADE X OCCUR DTEC07242L924TIL09 11/1/2009 11/1/2010 MED EXP(Any one person) $ 5,000 X Property Damage PERSONAL&ADV INJURY $ 1,000,000 Deductible - $5,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY X RQ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) A ALL OWNED AUTOS DT8107242L924TCT09 11/1/2009 11/1/2010 BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X Comp. - $500 Ded. PROPERTY DAMAGE $ X Coll. - $500 Ded. (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 3,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 3,000,000 $ A DEDUCTIBLE DTSMCUP7242L924TIL09 11/1/2009 11/1/2010 $ _ X RETENTION $ 10,000 $ B WORKERS COMPENSATION X WC STATU- OTH- ER EMPLOYERS'LABILITY ^Y/N TORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE r---1 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) DTEUB7242L92409 11/1/2009 11/1/2010 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A OTHER Inland Marine QT6604320L14ATIL09 11/1/2009 11/1/2010 Leased/Rented Equipt $200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Gilroy and the The City's employees, officers, design consultants, elected officials, Construction Manager, agents and subconsultants are named as Additional Insureds as respects General Liability and Auto Liability and as required by a written constract, per form CG D2 46 08 05 and CA 20 48 02 99 attached. Coverage is primary and non-contributory. *10 day Notice of Cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION (408)846-0429 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Gilroy DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City Engineer NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 7351 Rosanna Street Gilroy, CA 95020 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Tim Sweeney/FEL — .__— ' ACORD 25(2009/01) 01988-2009 ACORD CORPORATION. All rights reserved. INS025(200901) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) INS025(200901) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part,but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury";and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove,drawings and specifications;and notice as soon as practicable of an "occur- rence" or an offense which may result in a ii. Supervisory, inspection, architectural or claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page t of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of"other insurance" which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses;and condition does not affect whether the insur- ance provided to the additional insured by ill. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence"or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement under which you are required to include a The additional insured must see to it that we person or organization as an additional in- receive written notice of the claim or"suit" as sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the"personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de agreement is in effect; and fense and indemnity of any claim or "suit"to c. Before the end of the policy period. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COM,iiERCIAL GENERAL LIABILITY or organization which may be liable to the (c) That is insurance purchased by you insured because of injury or damage to to cover your liability as a tenant for which this insurance may also apply. "property damage" to premises d. No insured will, except at that insured's own rented to you or temporarily occupied cost, voluntarily make a payment, assume by you with permission of the owner; any obligation, or incur any expense, other or than for first aid, without our consent. (d) If the loss arises out of the mainte- 3. Legal Action Against Us nance or use of aircraft, "autos" or watercraft to the extent not subject to No person or organization has a right under this Exclusion g. of Section I - Coverage Coverage Part: A - Bodily Injury And Property Dam- a. To join us as a party or otherwise bring us age Liability. into a "suit" asking for damages from an in- (2) Any other primary insurance available to sured; or you covering liability for damages arising b. To sue us on this Coverage Part unless all of out of the premises or operations for its terms have been fully complied with. which you have been added as an addi- A person or organization may sue us to recover tional insured by attachment of an en- on an agreed settlement or on a final judgment dorsement. against an insured; but we will not be liable for When this insurance is excess, we will have damages that are not payable under the terms of no duty under Coverages A or B to defend this Coverage Part or that are in excess of the the insured against any "suit" if any other in- applicable limit of insurance. An agreed settle- surer has a duty to defend the insured against ment means a settlement and release of liability that "suit". If no other insurer defends, we will signed by us, the insured and the claimant or the undertake to do so, but we will be entitled to claimant's legal representative. the insured's rights against all those other in- 4. Other Insurance surers. t. If other valid and collectible insurance is available When this insurance is excess over other in- to the insured for a loss we cover under Cover- surance, we will pay only our share of the ages A or B of this Coverage Part, our obligations amount of the loss, if any, that exceeds the °� are limited as follows: sum of: m,= a. Primary Insurance (1) The total amount that all such other in- surance would pay for the loss in the ab-, This insurance is primary except when b. be- sence of this insurance; and low applies. If this insurance is primary, our (2) The total of all deductible and self-insured 0-..... obligations are not affected unless any of the other insurance is also primary. Then, we will amounts under all that other insurance. share with all that other insurance by the We will share the remaining loss, if any, with — method described in c. below. any other insurance that is not described in b. Excess Insurance this Excess Insurance provision and was not bought specifically to apply in excess of the -� This insurance is excess over. Limits of Insurance shown in the Declarations (1) Any of the other insurance, whether pri- of this Coverage Part. mary, excess, contingent or on any other c. Method Of Sharing basis: 4= If all of the other insurance permits contribu- (a) That is Fire, Extended Coverage, tion by equal shares, we will follow this Builder's Risk, Installation Risk or method also. Under this approach each in- , similar coverage for"your work"; surer contributes equal amounts until it has (b) That is Fire insurance for premises paid its applicable limit of insurance or none `— rented to you or temporarily occupied of the loss remains, whichever comes first. by you with permission of the owner; If any of the other insurance does not permit contribution by equal shares, we will contrib- CG 00 01 10 01 ©ISO Properties Inc.,2000 Page 11 of 16 006301 COMMERCIAL AUTO BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" re- following numerical symbols describe the "autos" that fer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the Company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any"Auto" 2 Owned "Autos" Only those "autos"you own (and for Liability Coverage any"trailers" you don't own Only 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 passen- Passenger ger"autos"you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those"autos"you own that are not of the private passenger type (and for Li- Other Than Pri- ability Coverage any"trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 5 Owned "Autos" Only those "autos"you own that are required to have No-Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos"you 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 Un- Motorists Coverage. This includes those "autos"you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement. 7 Specifically De- Only those "autos"described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any"trailers" 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 Nonowned 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 per- sonal affairs. 19 Mobile Equip- Only those "autos"that are land vehicles and that would qualify under the definition ment Subject To of"mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial Re- licensed or principally garaged. sponsibility Or Other Motor Ve- hicle Insurance Law Only CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 1 of 12 COMMERCIAL AUTO B. Owned Autos You Acquire After The Policy we will only pay for the "covered pollution cost or Begins expense" if there is either "bodily injury" or "prop- 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered erty damage" to which this insurance applies that next to a coverage in Item Two of the Decla- is caused by the same "accident". rations, then you have coverage for "autos" We have the right and duty to defend any "in- that you acquire of the type described for the sured" against a "suit" asking for such damages remainder of the policy period. or a "covered pollution cost or expense". How- 2. But, if Symbol 7 is entered next to a coverage ever, we have no duty to defend any "insured" in Item Two of the Declarations, an "auto" you against a "suit" seeking damages for "bodily in- acquire will be a covered "auto" for that cov- jury" or"property damage" or a "covered pollution erage only if: cost or expense" to which this insurance does not apply.We may investigate and settle any claim or a. We already cover all "autos"that you own "suit" as we consider appropriate. Our duty to de- for that coverage or it replaces an "auto" fend or settle ends when the Liability Coverage you previously owned that had that cov- Limit of Insurance has been exhausted by pay- erage; and ment of judgments or settlements. b. You tell us within 30 days after you ac- 1. Who Is An Insured quire it that you want us to cover it for that The following are"insureds": coverage. g C. Certain Trailers, Mobile Equipment And Tern- a. You for any covered "auto". porary Substitute Autos b. Anyone else while using with your per- If Liability Coverage is provided by this Coverage mission a covered "auto" you own, hire or Form, the following types of vehicles are also borrow except: covered "autos"for Liability Coverage: (1) The owner or anyone else from 1. "Trailers" with a load capacity of 2,000 whom you hire or borrow a covered pounds or less designed primarily for travel auto . This exception does not apply on public roads. if the covered "auto" is a "trailer" con- 2. "Mobile equipment" while being carried or nected to a covered "auto"you own. towed by a covered "auto". (2) Your"employee" if the covered "auto" is owned by that "employee" or a 3. Any "auto" you do not own while used with member of his or her household. the permission of its owner as a temporary substitute for a covered "auto" you own that is (3) Someone using a covered "auto" out of service because of its: while he or she is working in a busi- ness of selling, servicing, repairing, a. Breakdown; parking or storing "autos" unless that b. Repair; business is yours. c. Servicing; (4) Anyone other than your "employees", d. "Loss"; or partners (if you are a partnership), members (if you are a limited liability e. Destruction. company), or a lessee or borrower or SECTION II—LIABILITY COVERAGE any of their "employees", while mov- A. Coverage ing property to or from a covered "auto". We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "prop- (5) A partner(if you are a partnership), or erty damage" to which this insurance applies, a member (if you are a limited liability caused by an "accident" and resulting from the company)for a covered "auto"owned ownership, maintenance or use of a covered by him or her or a member of his or "auto". her household. We will also pay all sums an "insured" legally c. Anyone liable for the conduct of an "in- must pay as a "covered pollution cost or expense" sured" described above but only to the to which this insurance applies, caused by an extent of that liability. "accident" and resulting from the ownership, maintenance or use of covered "autos". However, Page 2 of 12 ©ISO Properties, Inc., 2005 CA 00 01 03 06 COMMERCIAL AUTO 2. Coverage Extensions B. Exclusions a. Supplementary Payments This insurance does not apply to any of the fol- We will pay for the "insured": lowing: (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 "in- violations) required because of an sured". "accident" we cover. We do not have 2. Contractual to furnish these bonds. Liability assumed under any contract or (3) The cost of bonds to release attach- agreement. ments in any "suit" against the "in- But this exclusion does not apply to liability sured" we defend, but only for bond for damages: amounts within our Limit of Insur- ance. a. Assumed in a contract or agreement that is an "insured contract" provided the (4) All reasonable expenses incurred by "bodily injury" or "property damage" oc- the "insured" at our request, including curs subsequent to the execution of the actual loss of earnings up to $250 a contract or agreement; or day because of time off from work. b. That the "insured" would have in the ab- (5) All costs taxed against the "insured" sence of the contract or agreement. in any "suit" against the "insured" we defend. 3. Workers' Compensation (6) All interest on the full amount of any Any obligation for which the "insured" or the judgment that accrues after entry of "insured's" insurer may be held liable under the judgment in any "suit" against the any workers' compensation, disability benefits "insured" we defend, but our duty to or unemployment compensation law or any pay interest ends when we have paid, similar law. offered to pay or deposited in court 4. Employee Indemnification And Employer's the part of the judgment that is within Liability our Limit of Insurance. "Bodily injury"to: These payments will not reduce the Limit a. An "employee" of the "insured" arising out of Insurance. of and in the course of: b. Out-Of-State Coverage Extensions (1) Employment by the "insured"; or While a covered "auto" is away from the (2) Performing the duties related to the state where it is licensed we will: conduct of the "insured's" business; (1) Increase the Limit of Insurance for Li- or ability Coverage to meet the limits b. The spouse, child, parent, brother or sis- specified by a compulsory or financial ter of that "employee" as a consequence responsibility law of the jurisdiction of Paragraph a. above. where the covered "auto" is being used. This extension does not apply This exclusion applies: to the limit or limits specified by any (1) Whether the "insured" may be liable law governing motor carriers of pas- as an employer or in any other ca- sengers or property. pacity; and (2) Provide the minimum amounts and (2) To any obligation to share damages types of other coverages, such as no- with or repay someone else who fault, required of out-of-state vehicles must pay damages because of the in- by the jurisdiction where the covered jury. "auto" is being used. But this exclusion does not apply to "bodily in- We will not pay anyone more than once jury" to domestic "employees" not entitled to for the same elements of loss because of workers' compensation benefits or to liability these extensions. assumed by the "insured" under an "insured CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 3 of 12 COMMERCIAL AUTO contract". For the purposes of the Coverage 10. Completed Operations Form, a domestic "employee" is a person en- "Bodily injury" or "property damage" arising gaged in household or domestic work per- out of your work after that work has been formed principally in connection with a resi- completed or abandoned. dence premises. 5. Fellow Employee In this exclusion, your work means: "Bodily injury" to any fellow "employee" of the a. Work or operations performed by you or "insured" arising out of and in the course of on your behalf; and the fellow "employee's" employment or while b. Materials, parts or equipment furnished in performing duties related to the conduct of connection with such work or operations. your business. Your work includes warranties or representa- 6. Care, Custody Or Control tions made at any time with respect to the fit- ness, quality, durability or performance of any "Property damage" to or "covered pollution of the items included in Paragraph a. or b. cost or expense" involving property owned or above. transported by the "insured" or in the "in- sured's" care, custody or control. But this ex- Your work will be deemed completed at the clusion does not apply to liability assumed earliest of the following times: under a sidetrack agreement. (1) When all of the work called for in your 7. Handling Of Property contract has been completed. "Bodily injury" or "property damage" resulting (2) When all of the work to be done at from the handling of property: the site has been completed if your a. Before it is moved from the place where it oo calls for work at more than is accepted by the "insured" for move- one e tract site. ment into or onto the covered "auto"; or (3) When that part of the work done at a job site has been put to its intended b. After it is moved from the covered "auto" use by any person or organization to the place where it is finally delivered by other than another contractor or sub- the "insured". contractor working on the same pro- 8. Movement Of Property By Mechanical De- ject. vice Work that may need service, maintenance, "Bodily injury" or "property damage" resulting correction, repair or replacement, but which is from the movement of property by a me- otherwise complete, will be treated as com- chanical device (other than a hand truck) pleted. unless the device is attached to the covered 11. Pollution "auto". 9. Operations "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- "Bodily injury" or "property damage" arising charge, dispersal, seepage, migration, re- out of the operation of: lease or escape of"pollutants": a. Any equipment listed in Paragraphs 6.b. a. That are, or that are contained in any and 6.c. of the definition of "mobile property that is: equipment"; or (1) Being transported or towed by, han- b. Machinery or equipment that is on, at- died, or handled for movement into, tached to, or part of, a land vehicle that onto or from, the covered "auto"; would qualify under the definition of "mo- (2) Otherwise in the course of transit by bile equipment" if it were not subject to a or on behalf of the"insured"; or compulsory or financial responsibility law or other motor vehicle insurance law (3) Being stored, disposed of, treated or where it is licensed or principally garaged. processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- Page 4 of 12 ©ISO Properties, Inc., 2005 CA 00 01 03 06 COMMERCIAL AUTO cepted by the "insured"for movement into ernmental authority in hindering or de- or onto the covered "auto"; or fending against any of these. c. After the "pollutants" or any property in 13. Racing which the "pollutants" are contained are Covered "autos" while used in any profes- moved from the covered "auto" to the sional or organized racing or demolition con- place where they are finally delivered, test or stunting activity, or while practicing for disposed of or abandoned by the "in- such contest or activity. This insurance also sured". does not apply while that covered "auto" is Paragraph a. above does not apply to fuels, being prepared for such a contest or activity. lubricants, fluids, exhaust gases or other simi- C. Limit Of Insurance lar "pollutants" that are needed for or result from the normal electrical, hydraulic or me- Regardless of the number of covered "autos", "in- chanical functioning of the covered "auto" or sureds", premiums paid, claims made or vehicles its parts, if: involved in the "accident", the most we will pay for the total of all damages and "covered pollution (1) The "pollutants" escape, seep, mi- cost or expense" combined, resulting from any grate, or are discharged, dispersed or one "accident" is the Limit of Insurance for Liabil- released directly from an "auto" part ity Coverage shown in the Declarations. designed by its manufacturer to hold, store, receive or dispose of such "pol- All "bodily injury", "property damage" and "cov- lutants"; and ered pollution cost or expense" resulting from continuous or repeated exposure to substantially (2) The "bodily injury", "property dam- the same conditions will be considered as result- age" or "covered pollution cost or ex- ing from one "accident". pense" does not arise out of the op- eration of any equipment listed in No one will be entitled to receive duplicate pay- Paragraphs 6.b. and 6.c. of the defi- ments for the same elements of "loss" under this nition of"mobile equipment". Coverage Form and any Medical Payments Cov- erage Endorsement, Uninsured Motorists Cover- Paragraphs b. and c. above of this exclusion age Endorsement or Underinsured Motorists do not apply to "accidents" that occur away Coverage Endorsement attached to this Cover- from premises owned by or rented to an "in- age Part. sured" with respect to "pollutants" not in or upon a covered "auto" if: SECTION III—PHYSICAL DAMAGE COVERAGE (1) The "pollutants" or any property in A. Coverage which the "pollutants" are contained 1. We will pay for "loss" to a covered "auto" or are upset, overturned or damaged as its equipment under: a result of the maintenance or use of a. Comprehensive Coverage a covered "auto"; and (2) The discharge, dispersal, seepage, From any cause except: migration, release or escape of the (1) The covered "auto's" collision with "pollutants" is caused directly by such another object; or upset, overturn or damage. (2) The covered "auto's" overturn. 12. War b. Specified Causes Of Loss Coverage "Bodily injury" or "property damage" arising Caused by: directly or indirectly out of: (1) Fire, lightning or explosion; a. War, including undeclared or civil war; (2) Theft; b. Warlike action by a military force, includ- (3) Windstorm, hail or earthquake; ing action in hindering or defending against an actual or expected attack, by (4) Flood; any government, sovereign or other au- (5) Mischief or vandalism; or thority using military personnel or other agents; or (6) The sinking, burning, collision or de- railment of any conveyance transport- c. Insurrection, rebellion, revolution, ing the covered "auto". usurped power, or action taken by gov- CA 00 01 03 06 O ISO Properties, Inc., 2005 Page 5 of 12 COMMERCIAL AUTO c. Collision Coverage (1) Other than collision only if the Decla- Caused by: rations indicate that Comprehensive (1) The covered "auto's" collision with Coverage is provided for any covered ( ) "auto"; another object; or (2) Specified Causes Of Loss only if the (2) The covered "auto's"overturn. Declarations indicate that Specified 2. Towing Causes Of Loss Coverage is pro- We will pay up to the limit shown in the Decla- vided for any covered "auto"; or rations for towing and labor costs incurred (3) Collision only if the Declarations indi- each time a covered "auto" of the private cate that Collision Coverage is pro- passenger type is disabled. However, the la- vided for any covered "auto". bor must be performed at the place of dis- However, the most we will pay for any ablement. expenses for loss of use is $20 per day, 3. Glass Breakage —Hitting A Bird Or Animal to a maximum of$600. —Falling Objects Or Missiles B. Exclusions If you carry Comprehensive Coverage for the 1. We will not pay for "loss" caused by or result- damaged covered "auto", we will pay for the ing from any of the following. Such "loss" is following under Comprehensive Coverage: excluded regardless of any other cause or a. Glass breakage; event that contributes concurrently or in any b. "Loss" caused by hitting a bird or animal; sequence to the "loss". and a. Nuclear Hazard c. "Loss" caused by falling objects or mis- (1) The explosion of any weapon em- siles. ploying atomic fission or fusion; or However, you have the option of having glass (2) Nuclear reaction or radiation, or ra- breakage caused by a covered "auto's" colli- dioactive contamination, however sion or overturn considered a "loss" under caused. Collision Coverage. b. War Or Military Action 4. Coverage Extensions (1) War, including undeclared or civil a. Transportation Expenses war; We will pay up to $20 per day to a maxi- (2) Warlike action by a military force, in- mum of $600 for temporary transportation cluding action in hindering or defend- expense incurred by you because of the ing against an actual or expected at- total theft of a covered "auto" of the pri- tack, by any government, sovereign vate passenger type. We will pay only for or other authority using military per- those covered "autos"for which you carry sonnel or other agents; or either Comprehensive or Specified (3) Insurrection, rebellion, revolution, Causes of Loss Coverage.We will pay for usurped power or action taken by temporary transportation expenses in- governmental authority in hindering curred during the period beginning 48 or defending against any of these. hours after the theft and ending, regard- less of the policy's expiration, when the 2. We will not pay for "loss" to any covered covered "auto" is returned to use or we "auto" while used in any professional or or- pay for its "loss". ganized racing or demolition contest or stunt- ing activity, or while practicing for such con- b. Loss Of Use Expenses test or activity. We will also not pay for "loss" For Hired Auto Physical Damage, we will to any covered "auto" while that covered pay expenses for which an "insured" be- "auto" is being prepared for such a contest or comes legally responsible to pay for loss activity. of use of a vehicle rented or hired without 3. We will not pay for"loss" caused by or result- a driver, under a written rental contract or ing from any of the following unless caused agreement. We will pay for loss of use by other "loss" that is covered by this insur- expenses if caused by: ance: Page 6 of 12 0 ISO Properties, Inc., 2005 CA 00 01 03 06 COMMERCIAL AUTO a. Wear and tear, freezing, mechanical or C. Limit Of Insurance electrical breakdown. 1. The most we will pay for "loss" in any one b. Blowouts, punctures or other road dam- "accident" is the lesser of: age to tires. a. The actual cash value of the damaged or 4. We will not pay for"loss" to any of the follow- stolen property as of the time of the ing: "loss"; or a. Tapes, records, discs or other similar au- b. The cost of repairing or replacing the dio, visual or data electronic devices de- damaged or stolen property with other signed for use with audio, visual or data property of like kind and quality. electronic equipment. 2. An adjustment for depreciation and physical b. Any device designed or used to detect condition will be made in determining actual speed measuring equipment such as ra- cash value in the event of a total "loss". dar or laser detectors and any jamming 3. If a repair or replacement results in better apparatus intended to elude or disrupt than like kind or quality, we will not pay for the speed measurement equipment. amount of the betterment. c. Any electronic equipment, without regard D. Deductible to whether this equipment is permanently installed, that receives or transmits audio, For each covered "auto", our obligation to pay for, visual or data signals and that is not de- repair, return or replace damaged or stolen prop- signed solely for the reproduction of erty will be reduced by the applicable deductible sound. shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations d. Any accessories used with the electronic does not apply to "loss" caused by fire or light- equipment described in Paragraph c. ning. above. SECTION IV—BUSINESS AUTO CONDITIONS Exclusions 4.c. and 4.d.do not apply to: The following conditions apply in addition to the a. Equipment designed solely for the repro- Common Policy Conditions: duction of sound and accessories used with such equipment, provided such A. Loss Conditions equipment is permanently installed in the 1. Appraisal For Physical Damage Loss covered "auto" at the time of the "loss" or If you and we disagree on the amount of such equipment is removable from a "loss", housing unit which is permanently in- either may demand an appraisal of the "loss". In this event, each party will select a stalled in the covered "auto" at the time of competent appraiser. The two appraisers will the "loss", and such equipment is de- select a competent and impartial umpire. The signed to be solely operated by use of the appraisers will state separately the actual power from the "auto's" electrical system, cash value and amount of"loss". If they fail to in or upon the covered "auto"; or agree, they will submit their differences to the b. Any other electronic equipment that is: umpire. A decision agreed to by any two will (1) Necessary for the normal operation of be binding. Each party will: the covered "auto" or the monitoring a. Pay its chosen appraiser; and of the covered "auto's" operating sys- b. Bear the other expenses of the appraisal tern; or and umpire equally. (2) An integral part of the same unit If we submit to an appraisal, we will still retain housing any sound reproducing our right to deny the claim. equipment described in Paragraph a. above and permanently installed in 2. Duties In The Event Of Accident, Claim, the opening of the dash or console of Suit Or Loss the covered "auto" normally used by We have no duty to provide coverage under the manufacturer for installation of a this policy unless there has been full compli- radio. ance with the following duties: 5. We will not pay for "loss" to a covered "auto" a. In the event of "accident", claim, "suit" or due to "diminution in value". "loss", you must give us or our authorized CA 00 01 03 06 0 ISO Properties, Inc., 2005 Page 7 of 12 COMMERCIAL AUTO representative prompt notice of the "acci- b. Under Liability Coverage, we agree in dent" or"loss". Include: writing that the "insured" has an oblige- (1) How, when and where the "accident" tion to pay or until the amount of that ob- or"loss" occurred; ligation has finally been determined by judgment after trial. No one has the right (2) The "insured's" name and address; under this policy to bring us into an action and to determine the"insured's" liability. (3) To the extent possible, the names 4. Loss Payment — Physical Damage Cover- and addresses of any injured persons ages and witnesses. b. Additionally, you and any other involved At our option we may: "insured" must: a. Pay for, repair or replace damaged or sto- (1) Assume no obligation, make no pay- len property; ment or incur no expense without our b. Return the stolen property, at our ex- consent, except at the "insured's" pense. We will pay for any damage that own cost. results to the "auto"from the theft; or (2) Immediately send us copies of any c. Take all or any part of the damaged or request, demand, order, notice, stolen property at an agreed or appraised summons or legal paper received value. concerning the claim or"suit". If we pay for the "loss", our payment will in- (3) Cooperate with us in the investigation clude the applicable sales tax for the dam- or settlement of the claim or defense aged or stolen property. against the "suit". 5. Transfer Of Rights Of Recovery Against (4) Authorize us to obtain medical re- Others To Us cords or other pertinent information. If any person or organization to or for whom (5) Submit to examination, at our ex- we make payment under this Coverage Form pense, by physicians of our choice, has rights to recover damages from another, as often as we reasonably require. those rights are transferred to us. That person or organization must do everything necessary c. If there is "loss" to a covered "auto" or its to secure our rights and must do nothing after equipment you must also do the follow- "accident"or"loss"to impair them. ing: B. General Conditions (1) Promptly notify the police if the cov- ered "auto" or any of its equipment is 1. Bankruptcy stolen. Bankruptcy or insolvency of the "insured" or (2) Take all reasonable steps to protect the "insured's" estate will not relieve us of any the covered "auto" from further dam- obligations under this Coverage Form. age. Also keep a record of your ex- 2. Concealment, Misrepresentation Or Fraud penses for consideration in the set- This Coverage Form is void in any case of tlement of the claim. fraud by you at any time as it relates to this (3) Permit us to inspect the covered Coverage Form. It is also void if you or any "auto" and records proving the "loss" other "insured", at any time, intentionally con- before its repair or disposition. ceal or misrepresent a material fact concern- (4) Agree to examinations under oath at ing: our request and give us a signed a. This Coverage Form; statement of your answers. b. The covered "auto"; 3. Legal Action Against Us c. Your interest in the covered "auto"; or No one may bring a legal action against us d. A claim under this Coverage Form. under this Coverage Form until: a. There has been full compliance with all 3. Liberalization the terms of this Coverage Form; and If we revise this Coverage Form to provide more coverage without additional premium Page 8 of 12 0 ISO Properties, Inc., 2005 CA 00 01 03 06 COMMERCIAL AUTO charge, your policy will automatically provide for the balance, if any. The due date for the additional coverage as of the day the re- the final premium or retrospective pre- vision is effective in your state. mium is the date shown as the due date 4. No Benefit To Bailee — Physical Damage on the bill. If the estimated total premium Coverages exceeds the final premium due, the first We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any per- b. If this policy is issued for more than one son or organization holding, storing or trans- year, the premium for this Coverage Form porting property for a fee regardless of any will be computed annually based on our other provision of this Coverage Form. rates or premiums in effect at the begin- ning of each year of the policy. 5. Other Insurance 7. Policy Period, Coverage Territory a. For any covered "auto" you own, this Coverage Form provides primary insur- Under this Coverage Form, we cover "acci- ance. For any covered "auto" you don't dents" and "losses" occurring: own, the insurance provided by this Cov- a. During the policy period shown in the erage Form is excess over any other col- Declarations; and lectible insurance. However, while a coy- b. Within the coverage territory. ered "auto" which is a "trailer" is con- nected to another vehicle, the Liability The coverage territory is: Coverage this Coverage Form provides a. The United States of America; for the "trailer" is: b. The territories and possessions of the (1) Excess while it is connected to a mo- United States of America; tor vehicle you do not own. c. Puerto Rico; (2) Primary while it is connected to a d. Canada; and covered "auto" you own. b. For Hired Auto Physical Damage Cover- e. Anywhere in the world if: age, any covered "auto" you lease, hire, (1) A covered "auto" of the private pas- rent or borrow is deemed to be a covered senger type is leased, hired, rented "auto" you own. However, any "auto" that or borrowed without a driver for a pe- is leased, hired, rented or borrowed with riod of 30 days or less; and a driver is not a covered "auto". (2) The "insured's" responsibility to pay c. Regardless of the provisions of Para- damages is determined in a "suit" on graph a. above, this Coverage Form's Li- the merits, in the United States of ability Coverage is primary for any liability America, the territories and posses- assumed under an "insured contract". sions of the United States of America, d. When this Coverage Form and any other Puerto Rico, or Canada or in a set- tlement we agree to. Coverage Form or policy covers on the same basis, either excess or primary, we We also cover "loss" to, or"accidents" involv- will pay only our share. Our share is the ing, a covered "auto" while being transported proportion that the Limit of Insurance of between any of these places. our Coverage Form bears to the total of 8. Two Or More Coverage Forms Or Policies the limits of all the Coverage Forms and Issued By Us policies covering on the same basis. If this Coverage Form and any other Cover- 6. Premium Audit age Form or policy issued to you by us or any a. The estimated premium for this Coverage company affiliated with us apply to the same Form is based on the exposures you told "accident", the aggregate maximum Limit of us you would have when this policy be- Insurance under all the Coverage Forms or gan. We will compute the final premium policies shall not exceed the highest applica- due when we determine your actual ex- ble Limit of Insurance under any one Cover- posures. The estimated total premium will age Form or policy. This condition does not be credited against the final premium due apply to any Coverage Form or policy issued and the first Named Insured will be billed by us or an affiliated company specifically to CA 00 01 03 06 O ISO Properties, Inc., 2005 Page 9 of 12 COMMERCIAL AUTO apply as excess insurance over this Cover- cepted by the"insured"for movement into age Form. or onto the covered "auto";or SECTION V—DEFINITIONS c. After the "pollutants" or any property in A. "Accident" includes continuous or repeated expo- which the "pollutants" are contained are sure to the same conditions resulting in "bodily in- moved from the covered "auto" to the jury" or"property damage". place where they are finally delivered, disposed of or abandoned by the "in- B. "Auto" means: sured". 1. A land motor vehicle, "trailer" or semitrailer Paragraph a. above does not apply to fuels, designed for travel on public roads; or lubricants, fluids, exhaust gases or other simi- 2. Any other land vehicle that is subject to a lar "pollutants" that are needed for or result compulsory or financial responsibility law or from the normal electrical, hydraulic or me- other motor vehicle insurance law where it is chanical functioning of the covered "auto" or licensed or principally garaged. its parts, if: However, "auto" does not include "mobile equip- (1) The "pollutants" escape, seep, mi- ment". grate, or are discharged, dispersed or C. "Bodily injury" means bodily injury, sickness or released directly from an "auto" part disease sustained by a person including death designed by its manufacturer to hold, resulting from any of these. store, receive or dispose of such "pol- lutants"; and D. "Covered pollution cost or expense" means any cost or expense arising out of: (2) The "bodily injury", "property dam- age" or "covered pollution cost or ex- 1. Any request, demand, order or statutory or pense" does not arise out of the op- regulatory requirement that any "insured" or eration of any equipment listed in others test for, monitor, clean up, remove, Paragraph 6.b. or 6.c. of the defini- contain, treat, detoxify or neutralize, or in any tion of"mobile equipment". way respond to, or assess the effects of"pol- lutants"; or Paragraphs b. and c. above do not apply to "accidents" that occur away from premises 2. Any claim or "suit" by or on behalf of a gov- owned by or rented to an "insured" with re- ernmental authority for damages because of spect to "pollutants" not in or upon a covered testing for, monitoring, cleaning up, removing, "auto" if: containing, treating, detoxifying or neutraliz- ing, or in any way responding to or assessing (1) The "pollutants" or any property in the effects of"pollutants". which the "pollutants" are contained are upset, overturned or damaged as "Covered pollution cost or expense" does not in- a result of the maintenance or use of clude any cost or expense arising out of the ac- a covered "auto"; and tual, alleged or threatened discharge, dispersal, (2) The discharge, dispersal, seepage, seepage, migration, release or escape of "pollut- ants": migration, release or escape of the "pollutants" is caused directly by such a. That are, or that are contained in any upset, overturn or damage. property that is: E. "Diminution in value" means the actual or per- (1) Being transported or towed by, han- ceived loss in market value or resale value which died, or handled for movement into, results from a direct and accidental "loss". onto or from the covered "auto"; F. "Employee" includes a "leased worker". "Em- (2) Otherwise in the course of transit by ployee" does not include a "temporary worker". or on behalf of the "insured"; G. "Insured" means any person or organization quali- (3) Being stored, disposed of, treated or fying as an insured in the Who Is An Insured pro- processed in or upon the covered vision of the applicable coverage. Except with re- "auto"; spect to the Limit of Insurance, the coverage af- b. Before the "pollutants" or any property in forded applies separately to each insured who is which the "pollutants" are contained are seeking coverage or against whom a claim or moved from the place where they are ac- "suit" is brought. Page 10 of 12 0 ISO Properties, Inc., 2005 CA 00 01 03 06 COMMERCIAL AUTO H. "Insured contract" means: "Leased worker" does not include a "temporary 1. A lease of premises; worker". 2. A sidetrack agreement; J. "Loss" means direct and accidental loss or dam- age. 3. Any easement or license agreement, except in connection with construction or demolition K. "Mobile equipment" means any of the following operations on or within 50 feet of a railroad; types of land vehicles, including any attached machinery or equipment: 4. An obligation, as required by ordinance, to in- demnify a municipality, except in connection 1. Bulldozers, farm machinery, forklifts and other with work for a municipality; vehicles designed for use principally off public roads; 5. That part of any other contract or agreement pertaining to your business (including an in- 2. Vehicles maintained for use solely on or next demnification of a municipality in connection to premises you own or rent; with work performed for a municipality) under 3. Vehicles that travel on crawler treads; which you assume the tort liability of another 4. Vehicles, whether self-propelled or not, main- to pay for "bodily injury" or"property damage" tained primarily to provide mobility to perma- to a third party or organization. Tort liability nently mounted: means a liability that would be imposed by law in the absence of any contract or agree- a. Power cranes, shovels, loaders, diggers ment; or drills; or 6. That part of any contract or agreement en- b. Road construction or resurfacing equip- tered into, as part of your business, pertaining ment such as graders, scrapers or rollers. to the rental or lease, by you or any of your 5. Vehicles not described in Paragraph 1., 2., 3., "employees", of any "auto". However, such or 4. above that are not self-propelled and are contract or agreement shall not be considered maintained primarily to provide mobility to an "insured contract" to the extent that it obli- permanently attached equipment of the fol- gates you or any of your "employees" to pay lowing types: for "property damage" to any "auto" rented or a. Air compressors, pumps and generators, leased by you or any of your"employees". including spraying, welding, building An "insured contract" does not include that part of cleaning, geophysical exploration, lighting any contract or agreement: and well servicing equipment; or a. That indemnifies a railroad for "bodily in- b. Cherry pickers and similar devices used jury" or "property damage" arising out of to raise or lower workers. construction or demolition operations, 6. Vehicles not described in Paragraph 1., 2., 3. within 50 feet of any railroad property and or 4. above maintained primarily for purposes affecting any railroad bridge or trestle, other than the transportation of persons or tracks, roadbeds, tunnel, underpass or cargo. However, self-propelled vehicles with crossing; or the following types of permanently attached b. That pertains to the loan, lease or rental equipment are not"mobile equipment" but will of an "auto" to you or any of your "em- be considered "autos": ployees", if the "auto" is loaned, leased or a. Equipment designed primarily for: rented with a driver; or c. That holds a person or organization en- (1) Snow removal; gaged in the business of transporting (2) Road maintenance, but not construc- property by "auto" for hire harmless for tion or resurfacing; or your use of a covered "auto" over a route (3) Street cleaning; or territory that person or organization is b. Cherry pickers and similar devices authorized to serve by public authority. mounted on automobile or truck chassis I. "Leased worker" means a person leased to you and used to raise or lower workers; and by a labor leasing firm under an agreement be- c. Air compressors, pumps and generators, tween you and the labor leasing firm, to perform including spraying, welding, building duties related to the conduct of your business. cleaning, geophysical exploration, lighting or well servicing equipment. CA 00 01 03 06 0 ISO Properties, Inc., 2005 Page 11 of 12 COMMERCIAL AUTO However, "mobile equipment" does not include to which this insurance applies, are alleged. land vehicles that are subject to a compulsory or "Suit" includes: financial responsibility law or other motor vehicle insurance law where it is licensed or principally a. An arbitration proceeding in which such garaged. Land vehicles subject to a compulsory damages or "covered pollution costs or or financial responsibility law or other motor vehi- expenses" are claimed and to which the cle insurance law are considered "autos". "insured" must submit or does submit with L. "Pollutants" means any solid, liquid, gaseous or our consent; or thermal irritant or contaminant, including smoke, b. Any other alternative dispute resolution vapor, soot, fumes, acids, alkalis, chemicals and proceeding in which such damages or waste. Waste includes materials to be recycled, "covered pollution costs or expenses" are reconditioned or reclaimed. claimed and to which the insured submits with our consent. M. "Property damage" means damage to or loss of use of tangible property. O. "Temporary worker" means a person who is fur- N. "Suit" means a civil proceeding in which: nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short- 1. Damages because of "bodily injury" or "prop- term workload conditions. erty damage"; or P. "Trailer"includes semitrailer. 2. A"covered pollution cost or expense", Page 12 of 12 0 ISO Properties, Inc., 2005 CA 00 01 03 06 10/31/200f 15 : 14 FAX 5102738867 SAYLOR&HILL lac_ _, IZ 001/004„,,c,c. . . . t., fat I'- , .„ • __ACORD CERTIFICATE OF LIABILITY DATE(MM/DDlYYYY) 10/31/2007 PRODUCER (510) 273-8888 FAX (510) 273-8867 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Saylor & Hill Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1999 Harrison St. #1230 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland CA 94612 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Travelers Prop Cas Co of 25674 Pacific Infrastructure Corporation INsuREae:Traveler■ Indemnity of CT 25682 INSURER C: ' 2134 Rbeem Drive, Suite C ,INSURER D; _ Pleasanton CA 94598 INSURER Er COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BFEN,13EDUCED BY PAID CLAIMS INBR ADD'L POLICY EFFECTIVE POLICY PXPIRATON LTR fNSRD TYPE OF INSURANCE POLICY NUMBER DATE jMM/OD/YY) DATE(MM!DD/YYI UMIT9 oBNERALLIAaILITY EACH of CIJ RENCE 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 3 0 PREMISES(ES OC=T4nCa) $ A CLAIMS MADE X J OCCUR DTECO7242L924TIS,07 11/1/2007 11/1/2008 MED EXP(Any one person} 5 5,000 - PERSONALaACV INJURY 5 1,000,000, QENERAL AGGREGATE 9 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMP/OP ADS S 2,000,000 POLICY) X I PELT n LOC AUTOMOBILE LIABILITY COMBINED X ANY AUTO (E occident SINGLE LIMIT 9 1,000,000 13 — ALL OWNED AUTOS RA7242L92407CN8 11/1/2007 11/1/2008 BODILY INJURY _ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per!incident) X Comp. - $SOD Dad. PROPERTY DAMAGE $ X Coll. - $500 Dad. (PereocIdenq GARAGE LIABILITY AUTO ONLY.EA ACCIDENT 9 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY' AGO $ •XCasa/UMBRELLA LIABILITY FACH CCCu ac1rF $ 3,000,000 /H-TI OCCUR n CLAIMS MADE AGGREGATE $ 3,000,000 9 A DEDUCTIBLE DTSMCVP7242L924TIL07 11/1/2007 11/1/2008 $ X RETENTION $10.000 WORKERS COMPENSATION AND WC STATU- OR- EMPLOYERS'LIABILITY ,TOAY i InnrrR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E,4.DISEASE•EA EMPLQYErr$ If yea,deeerlbe under SPECIAL PROVISIONS below E_L.DISEASE-POLICY LIMIT _9 A OTHER Inland Marine QT6604320L14ATIL07 11/1/2007 11/1/2008 Lssi.d/Rented 3aulat $200,000 DEOCRIPT1oN OP OPERATIONS/LOCATIONSNEHICLEOIEXCLUSIONS ADDED DT ENDORSEMENT/SPECIAL PROVISIONS The City of Gilroy and the The City'■ employees, officers, design consultants, elected officials, Construction Manager, agents and subconlultant9 are named as Additional Insureds as respects General Liability and Auto Liability and as requited by a written oonatract, per or CG D2 46 08 05 attachad. Coverage is primary and non-contributory. 10 day notice of Cancellation for non-payment of premium. CERTIFICATE HOLDER _ CANCELLATION (408) 846-0429 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES OE CANCELLED BEV,ORE THE City of Gilroy EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City Engineer 30 DAYS WRITTEN NOTICE TO THB CERTIFICATE HOLDER NAMED TO THE LEFT,■UT 7351 Rosanna Street FAILURE TO DO 90 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Gilroy, CA 95020 INSURER,ITS AGENTS OR REPRE9ENTATIVE8. AUTHORIZED REPRESENTATIVE Tim Sweeney/PG _7 ____=.2) ACORD 25(2001/08) a ACORD CORPORATION 1988 INS026(0108).b8e Peoe I of 2 10/31/200'7 15 : 14 FAX 5102738867 SAVLOR&HILL Ij002/004 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26(2001/00) POGO 2 of 2 IN$025 fo,oe).oea 10/31/2007 15: 14 FAX 5102738867 SAYLOR,SHILL a 003/004 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED —(Section II) is amended c) The insurance provided to the additional in- to Include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by your work" to Include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily Injury", requiring Insurance" specifically requires you "property damage"or"personal injury"; and to provide such coverage for that additional Insured, and then the Insurance provided to b) If, and only to the extent that, the injury or the additional Insured applies only to such damage is caused by acts or omissions of "bodily Injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring Insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the olio p y period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional Insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement Is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that Is this Coverage Part shown in the Declarations available to the additional Insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring Insurance", the In- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional Insured which covers crease the limits of Insurance described in that person or organization as a named insured Section I11—Limits Of Insurance. for such loss, and we will not share with that b) The Insurance provided to the additional In- "other insurance". But the insurance provided to sured does not apply to "bodily injury", "prop- the additional insured by this endorsement still is arty damage" or "personal Injury" arising out excess over any valid and collectible "other in- surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that Is available to the addl- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur. I. The preparing, approving, or falling to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional Insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- il. Supervisory, inspection, architectural or rence" or an offense which may result In a claim. To the extent possible, such notice engineering activities. should Include: CG D2 46 08 05 02005 The St. Paul Travelers Companies, Inc. Page 1 of 2 10/31/200f 15 : 14 FAX 5102738867 SAYLOR&HILL 11004/004 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we II. The names and addresses of any Injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by III. The nature and location of any Injury or this endorsement is primary to "other insur- damage arising out of the "occurrence" or ance" available to the additional Insured offense. which covers that person or organization as a b) If a claim Is made or"suit" is brought against named insured as described in paragraph 3, the additional insured, the additional insured above. must: 5, The following definition Is added to SECTION V. I. Immediately record the specifics of the —DEFINITIONS: claim or"suit" and the date received; and "Written contract requiring insurance" means II. Notify us as soon as practicable. that part of any written contract or agreement The additional Insured must see to it that we under which you are required to include a receive written notice of the claim or"suit" as person or organization as an additional in- sured as practicable. sured on this Coverage Part, provided that the "bodily Injury" and "property damage" oc- c) The additional Insured must Immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of the claim or defense against the "suit", and contract or agreement by you; otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de agreement is in effect; and fense and Indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 02005 The St. Paul Travelers Companies, Inc. CG D2 46 06 05