HomeMy WebLinkAboutMSA Professional Services, Inc PROFESS/ONAL SERV/CES AGREEMENT.•
S/TE PLANN/NG ASS/STANCE W/LL/AM WATERS PLAZA
THIS AGREEMENT, made on the13tn day of February, 2015, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and MSA
PROFESSIONAL SERVICES, INC., 2901 INTERNATIONAL LANE, SUITE 300,
MADISON, WI 53704-3133, hereinafter referred to as the CONSULTANT,
WITNESSETH:
That the City and the Consultant, for the consideration hereinafter named, enter
into the following agreement. The Consultant's proposal is attached hereto and
reflects the agreement of the parties except where it conflicts with this agreement, in
which case this agreement shall prevail.
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The Consultant shall assign the following
individual to manage the project described in this contract:
(Jason Valerius, Project Planner, MSA Professional Services fnc.)
B. Changes in Project Manager. The City shall have the right to approve or
disapprove of any proposed change from the individual named above as Project
Manager. The City shall be provided with a resume or other information for any
proposed substitute and shall be given the opportunity to interview that person prior to
any proposed change.
ARTICLE II. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this
contract:
(Elizabeth Williams, City of Oshkosh Planning Department)
ARTICLE III. SCOPE OF WORK
The Consultant shall provide the engineering services described in the
Consultant's "City of Oshkosh Site Planning Assistance- Williams Waters Plaza"
estimate/proposal dated 1/27/15 and attached as Exhibit A. If anything in the
Consultant's proposal conflicts with this agreement, the provisions in this agreement
shall govern.
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The Consultant may provide additional products and/or services if such
products/services are requested in writing by the Authorized Representative of the
City.
ARTICLE IV. CITY RESPONSIBLITIES
The City shall furnish, at the Consultant's request, such information as is
needed by the Consultant to aid in the progress of the project, providing it is
reasonably obtainable from City records.
To prevent any unreasonable delay in the Consultant's work the City will
examine all reports and other documents and will make any authorizations necessary
to proceed with work within a reasonable time period.
ARTICLE V. TIME OF COMPLETION
The work to be performed under this contract shall commence immediately and
work will be completed no later than June 1 , 2015 unless both parties agree to extend
the completion date in writing.
ARTICLE III. PAYMENT
A. The Contract Sum.
The City shall pay to the Consultant for the performance of the contract for a not to
exceed cost of $4,550, adjusted by any changes hereafter mutually agreed upon in
writing by the parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Consultant shall submit itemized monthly
statements for services. The City shall pay the Consultant within 30 calendar days
after receipt of such statement. If any statement amount is disputed, the City may
withhold payment of such amount and shall provide to Consultant a statement as to
the reason(s) for withholding payment.
C. Additional Costs. Costs for any additional services are to be negotiated and
set forth in a written amendment to this agreement executed by both parties prior to
proceeding with the work covered under the subject amendment.
ARTICLE IV. CONSULTANT TO HOLD CITY HARMLESS
The Consultant covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims and demands of any kind or character whatsoever
which may in any way be caused by or result from the intentional or negligent acts of
the Consultant, his agents or assigns, his employees or his subcontractors related
however remotely to the performance of this Contract or be caused or result from any
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violation of any law or administrative regulation, and shall indemnify or refund to the
City all sums including court costs, attorney fees and punitive damages which the City
may be obliged or adjudged to pay on any such claims or demands within thirty (30)
days of the date of the City's written demand for indemnification or refund.
ARTICLE V. INSURANCE
The Consultant shall provide insurance for this project that includes the City of
Oshkosh as an additional insured. The consultant's insurance documents are attached
as Exhibit B.
ARTICLE VI. TERMINATION
A. For Cause.
If the Consultant shall fail to fulfill in timely and proper manner any of the obligations
under this Agreement, the City shall have the right to terminate this Agreement by
written notice to the Consultant. In this event, the Consultant shall be entitled to
compensation for any satisfactory, usable work completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the
Consultant no later than 10 calendar days before the termination date. If the City
terminates under this paragraph, then the Consultant shall be entitled to compensation
for any satisfactory work performed to the date of termination.
This document and any specified attachments contain all terms and conditions
of the Agreement and any alteration thereto shall be invalid unless made in writing,
signed by both parties and incorporated as an amendment to this Agreement.
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In t Presence of: CONSULTANT
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By: ��' ��
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(Seal of Consultant (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
,/� ,� I . ,�,�
j By:
��� /('��1� `�Y2��' �� Mark A. Rohloff, City Manager
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���ll� �" ,- ��--�� And� .. ^ --1_, L.
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itness) Pamela R. Ubrig, City Clerk -
APPROVED: I hereby certify that the necess-
�' � ary provisions have been made to
r �� �� _,;, pay the liability which will accrue
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� .-`'- '-�`�,��:--��'--' (1?�Q,�, under this contract.
- City Attor�e�
,�1'b.YIG c�i('�,n,�r�
Finance Director
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' � • SERVICES
More ideas.Better solutions.
City of Oshkosh Site Planning Assistance—William Waters Plaza
SCOPE OF WORK
January 27, 2015
Purpose
The purpose of this project is to help City staff and stakeholders in the River East Neighborhood plan for
the renewal of William Waters Plaza at the SE corner of State Street and Washington Avenue. The
project objective is a detailed concept plan that the neighborhood and City staff can use to seek funding
for reconstruction and to ensure that adjacent street reconstruction projects include or are consistent
with the desired redesign of the plaza.
Tasks
Task 1—Meetings
• Kick-off Conference Call
The purpose of this meeting, (which will utilize GoToMeeting software to share screen images),
will be to confirm project objectives,share stakeholder opinions and preferences, and discuss
design constraints. We request that the City facilitate a preliminary meeting with neighborhood
stakeholders and provide any available site data before this kick-off ineeting. Jason Valerius and
Steve Tremlett will attend.
• Preliminarv Draft Review Meetin�s
MSA will attend and facilitate two draft review meetings on the same day in Oshkosh—a
meeting with City staff(Planning and Public Works),and a meeting with neighborhood
stakeholders. At each meeting the three preliminary concepts will be described and discussed.
Steve Tremlett will attend and facilitate these meetings.
• Final Draft Review Conference Call
Following submittal of the Final Draft Concept Plan, MSA will facilitate one final meeting with
City staff to discuss any adjustments desired to the Final Concept Plan. This meeting will utilize
GoToMeeting to share screen content.Jason Valerius and Steve Tremlett will attend.
Page 1 of 3
Task 2—Concept Plan Development
• Base Map and Model
We will also prepare a 3D base model of the site that includes existing features on and around
the site, including streets,sidewalks and other paving, buildings, and trees(using Google
SketchUp). Buildings will be represented as "massing models",without architectural detail.
• Preliminarv Draft Concept Plans
We will prepare three alternative concept plans for redevelopment of the site,each in a 3D
format using SketchUp. We will show each concept from multiple perspectives as necessary to
communicate the design.
• Final Draft Concept Plan
Following the Preliminary Draft Review Meetings we will prepare a single Final Draft Concept
Plan that combines into one concept the preferred features and feedback from meetings.
• Final Concept Plan
Following the Final Draft Review Conference Call we will make any final requested edits and
provide a final concept.
Deliverables
MSA will provide three preliminary draft concepts and one final concept, all in PDF format and designed
to print at 11"x17"or 22"x34". Each concept will be illustrated in plan view and from multiple
perspective angles and accompanied by text describing key characteristics of the design.We will also
create and provide a CAD drawing of the final concept.
City Responsibilities
The City will be responsible for the following:
• Site data—Any information that describes the site, including any available survey data,
preferably in CAD format. Accurate description ofthe location of underground utilities,and
preferences of the Public Works Department with respect to those utilities, is requested. We
ask that all available data be provided prior to the Kick-off conference call. We will utilize the
best available data to complete the design,whateverthat may be, including Google Street View
and other online resources if better City data is not available.
• Meeting Arrangements and Stakeholder Communication—Planning staff will make all meeting
arrangements and will manage all communications with other City staff and neighborhood
stakeholders.
• Hard Copy Printing—TMe City will make its own prints as needed.
Page 2 of 3
Schedule
This project will take about two months to complete,from the date of the kick-off meeting.The initial
stakeholder meeting should occur before the kick-off ineeting.
• Kick-Off Conference Call—Week 1
• Preliminary Drafts Provided—Week 3
• Draft Review Meetings—Week 4
• Final Draft Provided-Week 6
• Final Draft Review Conference Call—Week 7
• Final Concept Provided—Week 8
Cost
The scope described here will be completed at a lump-sum cost of$4,550, inclusive of the deliverables
and travel time and costs.
If the City requests changes or additions to the scope, MSA will indicate any additional cost required for
that change, and will not proceed until authorized in writing.
Page 3 of 3
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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), AUTHORI2ED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certiFcate holder is an ADDITIONAL INSURED,the policy(ies)must 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 hotder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Don-Rick�IAC. PHONE t. B00.924.6536 A C No:608.356.9022
313 Oak Street E-MAIL
ADDRESS:
P.O.BOX �JZ B � PRODUCER
B32'3b00 WI 539130528 INSURER S AFFORDING COVERAGE NAIC#
INSURED INSURERA:C111C1I3I1Bt1 Insurance Com an
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MSA PROFESSIONAL SERVICES INC INSURERC;
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INSURER F:
COVERAGES CERTIFICATE NUMBER:2014/2015 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR TYFEOFINSURANCE NSR SUBR pOLICYNUMBER MM/DDIYYYF MMIDD/Y1'ExP LIMITS
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6/30/2014 6/30/2015 DAMAGETO RENTED
X COMMERCIAI GENERAL LIABILITY PP0147599 PREMISES Ea occunence $ �JOO�OOO
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X XCU INCLUDED GENERALAGGREGATE $ 2�000�000
GEN'L AGGREGATE LIMIT APPLIES PER: � . � PRODUCTS-COMP/OPAGG 3 2�OOO�OOO
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OFFICER/MEMBER EXCLUDED7 � N/A
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If yes,describe under E.L.DISEASE-POLICY LIMIT $ 500 ��0
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICIES (Attach ACORD 101,Additional Remarks Sehedule,if more space is required)
City of Oshkosh, and its officers, council mesbera, agents, employees and authorized volunteera are additional
insureds as it refers to policy form #GA233 and on the Business Auto Policy. and on the Business Auto Policy.
CERTIFICATE HOLDER CANCELLATION
(920)236-5039 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Oshkosh, Attn: City Clerk
215 Church Avenue
PO BOX 1130 AUTHORIZED REPRESENTATIVE
Oshkosh, WI 54903-1130
Wendy Gerken/WSG �,
ACORD 25(2009/09) O 1988-2009 ACORD CORPORATION. All rights reserved.
INS025�zoosos> The ACORD name and logo are registered marks of ACORD
�1 MSAPROF-01 MCALLAHAN
'4�ROT CERTIFICATE OF LIABILITY INSURANCE DATE�MMlDD/YYYY)
2/3/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO R�GHTS 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),AUTHORtZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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
ceRifcate holder in lieu of such endorsement(s).
PRODUCER C�NTAGT
Ames 8 Gough "pHON�
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859 Willard Street (ac�No,�q.(617j 328-6555 �a�—N,�;(617)328-6888
Suite 320 E MAIL -- -
c2u�ncy,MA 02169 nnoRESS boston@amesgough.com
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_ _ INSURER(S)AFFORDING COVERAGE NAIC p
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MSA Professional Services,Inc. iNSUReRC r
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1230 South Boulevard INSURER D:
Baraboo,Wl 53913 . _ __--- - _
INSURER E:
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INSURER F:
C�VERAGES CERTIFICATE NUMBER: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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Ail Coverages are in accordance wlth the policy terms and conditions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Clty of OShkOSh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNEREO IN
Attn:City Clerk ACCOROANCE WITH THE POUCY PROVISIONS.
215 Church Ave
�Sh{COSh,WI 54903 AUTHORIZED REPRESENTATIVE
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O 1988-2014 ACORD CORPORATlON. AI!rights reserved.
ACORD 25(2014/01) The ACORD name and Iogo are registered marks ofACORD �
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS' COIUIMERCIAL GENERAL LIABILITY
BROADENED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Endorsement-Table of Contents:
Coveraae: Beains on Paae• I
1. Employee Benefit Liability Coverage..................................................................................................2 �
2. Uninten6onal Failure to Disclose Hazards..........................................................................................7
3. Damage to Premises Rented to You........................................................... 8
4. Supplementary Payments...................................................................................................................9 �
5. Medical Payments. .......... .................. ... .... . ..... ........ ...... ............................. 9 �
.... ...... .. ........ .. ... ..... . .... ........
6, Voluntary Property Damage(Coverage a.)and Care, Custody or Control
LiabilityCoverage (Coverage b.).........................................................................................................9 �
7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10
8. Waiver of Subrogation .......... ............. ..........................................................................................10
,
... ... �
9. Automatic Additional Insured -Specified Relationships• .......10 �
. ......................................................... ;
• Managers or Lessors of Premises;
• Lessor of Leased Equipment; �
• Vendors;
• State or Poli6cal Subdivisions-Permits RelaGng to Premises;
• State or Political Subdivisions-Permits;and
• Contractors'Operations
10. Broadened Contractual Liability -Work Within 50'of Railroad Property.........................................14 ;
11. Property Damage to Borrowed Equipment.......................................................................................14 '
12. Employees as Insureds-Specified Health Care Services: ............................................................ 14
• Nurses;
• Emergency Medical Technicians;and
• Paramedics
13. Broadened Notice of Occurrence......................................................................................................14
B. Limits of Insurance:
The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse-
ment,except as provided below:
1. Employee Benefit Liability Coverage
Each Employee Limit: $ 1,000,000
Aggregate Limit: $ 3,000,000
Deductible: $ 1,000
3. Damage to Premises Rented to You
The lesser of:
a. The Each Occurrence Limit shown in the Declarations;or
b. $500,000 unless otherwise stated$
4. Supplementary Payments
a. Bail bonds: $ 1,000
b. Lvss of eamings: $ 350
5. Medical Payments
Medical Expense Limit: $ 10,000 •
Includes copyrighted material of Insurance
GA 233 02 07 Services O�ce, Inc.,with its permission. Page 1 of 15
6. Voluntary Property Damage(Coverage a.)and Care,Custody or Controt Liability Coverage
(Coverage b.)
Limits of Insurance (Each Occurrence)
Coverage a.$1,000
Coverage b.$5,000 unless otherwise stated $
Deductibles(Each Occurrence)
Coverage a.$250
Coverage b.$250 unfess otherwise stated $
COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM
(a} Area (For Limits in Excess of (For Limits in Excess of
(b) Payroll $5,000) $5,000)
(c} Gross Sales
(d) Units
e Other
b. Care, Custody �
or Control
O L A IU
11. Property Damage to Borrowed Equipment
Each Occurrence Limit: $ 10,000
Deductible: $ 250
C. Coverages: have used up the ap-
1. Employee Benefit Liability Coverage plicable limif of insur-
ance in the payment of
a. The following is added to SECTION I judgments or settle-
- COVERACES: Employee Beneflt ments.
Liability Coverage. No other obligation or liabil-
(1) lnsuring Agreement ity to pay sums or perform
acts or seroices is covered
(a) We will pay those sums that unless explicitly provided for
the insured becomes legally under Supplementary Pay-
obligated to pay as dam- ments.
ages caused by any act,er- b This insurance a
ror or omission of the in- � � dama es onl i pPlie� to
sured, or of any other per- 9 y 'f the ac er-
son for whose acts the in- ror or omission, is negli-
sured is legally (iable, to gently committed in the
which this insurance ap- administration" of your
plies. We will have the right "employee benefit pro-
and duty to defend the in- gram";and
sured against any "suit" 1) Occurs during the pol-
seeking those damages. icy period;or
However, we will have no
duty to defend against any 2) Occurred prior to the
"suit" seeking damages to effective date of this
which tl�is insurance does endorsement provided:
not apPly. We may, at our
discredon, investigate any a) You did not have
report of an act, error or knowledge of a
omission and settle any claim or "suit" on
claim or "suit" that may re- or before the ef-
sult. But: fective date of this
endorsement.
1) The amount we will Qay
for damages is limited You will be
as described in SEG deemed to have
T10N IIt - LlMITS OF knowledge of a
INSURANCE;and claim or "suit"
when any
2) Our right and duty to authorized rep�e-
defend ends when we sentaGve";
Includes copyrighted material of insurance
GA 233 02 07 Services Office, Inc.,with its permission, Page 2 of 15
i) Reports all, or formance of investrnent
any part, of the vehicles;or
act, erro� or
omission to us 3) Advice given to any
or any other person wiih respect to
insurer; that person's decision
i7 Receives a to participate or not to
written or ver- participate in any plan
bal demand or mcluded in the em-
claim for dam- ployee benefit pro-
ages because g���'
of the act, er- {� Workers' Compensation '
ror or omis- and Similar Laws I
sion;and
b Any claim arising out of I
) There is no other your failure to comply with
applicable insur- the mandatory provisions of
ance. any workers'compensa6on,
(2) Exclusions unemployment compensa-
don insurance, social secu- �
This insurance does not appfy rity or disability benefits !aw
to: or any similar faw.
(a) Bodily Injury, Property (9) ERISA
i
Damage or Personal and Damages for which any in-
Advertising Injury sured is liable because of
"Bodil in'u p rty liabili im osed on a fiduci- �
Y 1 rY", "pro e ty � P
damage' or "personal and ary by the Employee Re- '
advertising injury". tirement Income Security
Act of 1974, as now or
(b) Dishonest, Fraudulent, hereafter amended, or by '
Criminal or Malicious Act any similar federal, state or '
local laws. �
Damages arising out of any
intentional, dishonest, (h) Available Benefits
fraudulenf, criminal or mali- Any claim for benefits to the
cious act, error or omission, extent t�at such benefits
committed by any insured, are available, with reason-
including the willful or reck- able effort and cooperation
less violation of any statute, of the insured, from the ap-
(c) Failure to Perform a Con- � plicable funds accrued or
tract other collectible insurance.
Damages arising out of fail- {7 Taxes,Fines or Penalties
ure of performance of con- Taxes, fines or penalties,
tract by any insurer. including those imposed
(c� Insufficiency of Funds under the Intemal Revenue
Code or any similar state or '
Damages arising out of an local law.
insufficiency of funds to
meet any obligations under (j) Employment-Related
any plan included in the Practices
"employee benefit pro- Any liability arising out of
gram'. any:
(e) Inadequacy of Perform- (1) Refusal to employ;
ance of Investment / Ad- �
vice Given With Respect (2) Termination of em-
to Participation ployment;
Any claim based upon: (3) Coercion, demotion, ;
1} Failure of any invest- evaluation, reassign- ;
ment to perform; ment, discipline, defa-
mation, harassment,
2) Errors in providing in- humilia6on, discrimina-
formation on past per- tion or other employ-
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15
�
ment-related pracfices, (e) A trust, you are an insu�ed.
acts or omissions;or Your trustees are also in-
4 Conse uential liabili sureds, but only with re-
( ) q ry spect to their duties as
as a result of(1), (2) or trustees.
(3)above.
i (2) Each of the following is also an
This exclusion applies insured:
; whether the insured may be
held liable as an employer (a) Each of your °employees"
' or in any other capacity and who is or was authorized to
to any obligation to share administer your "employee
damages wtth or repay benefit program".
someone else who must
pay damages because of (b) Any persons, organizations
the inJury. or employees" having
proper tempora� authori-
(3) Supplementary Payments zation to administer your
"employee benefit program"
SECTION I - COVERAGES, if you die,.but only until your
SUPPLEMENTARY PAY- legal representative is ap-
MENTS - COVERAGES A AND pointed.
B also apply to this Coverage.
b. Who is an Insured (c) Your legal representative if
you die, but only with re-
As respects Employee Benefit Liabil- spect to duties as such.
ity Coverage, SECTION II - WHO IS That representative will
AN INSURED is deleted in its en- havs all your rights and du-
tirety and replaced by the following: ties under this Coverage
Part.
(1) If you are designated in ths
Declarations as: (3) My organization you newly ac-
quire or form, other than a part-
(a) An individual, you and your nership, joint venture or limited
spouse are insureds, but liability company, and over
only with respect to the which you maintain ownership
conduct of a business of or .majonty interest, will qualify
which you are the sole as a Named Insured if no other
owner. similar insurance applies to that
(b) A partriership or joint ven- organization. However, cover-
fure, you are an insured.
age under this provision:
Your members, your part- (a) Is afforded only un61 the
ners, and their spouses are 180th day after you acquire
also insureds but only with or form the organization or
respect to the conduct of the end of the policy period,
your business. whichever is earlier;and
(c) A limited liability company, (bj Does not appl� to any act,
you are an insured. Your error or omiss�on that was
members are also insureds, committed before you ac-
but only with respect to the quired or formed the or-
conduct of your business. ganization.
Your managers are in- c. V�its of Insurance
sureds, but onl�r with re-
spect to their duties as your As respects,Employee.Benefit Liabil-
managers, ity Coverage, SECTION III - LIMITS
(d) An organization other than OF INSURANCE is deleted in its en-
a pattr�ership, joint venture tirety and replaced by the following:
or limited liability company, (1) The Limits of Insurance shown
you are an insured. You� in Section B, Limits of Insur-
executive officers" and di- ance, 1. Employee Benefit Li-
rectors are insureds, but ability Coverage and the rules
only with respect to their below fix the most we will pay
duUes as your o�cers or di- regardless of the number of:
rectors. Your stockholders
are also insureds, but only (a) Insureds;
with respect to their IiabiJity
as stockholders.
Includes copyrighted material of Insurance
GA 233 02 07 Services Office,lnc.,with its permission. Page 4 of 15
(b) Claims made or "suits" (b) The deductible amount
brought; stated in the Declara4ons
(c) Persons or organizations applies to all damages
making claims or bringing sustained by any one 'em-
"suits"; ployee", including such
employee's' dependents
(d) Acts,errors or omissions;or and beneficiaries, because
oE all acts, errors or omis-
(e) Benefits included in your sions to which this insur- �
'employee benefit pro- ance applies.
gram".
(c) The terms of this insurance,
{2) The Aggregate Limit shown in including those with respect i
Section B, Limits of Insurance, to:
1. Employee Benefit Liability 1 Our ri ht and du
Coverage of this endorsement ) 9 ty to �
is the most we will pay for all defend the insured
damages because of acts, er- against any "suits" ;
rors or omissions negligently seeking tfiose dam- �
committed in the "adminisVa- ages;and
6on' of your "employee benefit 2} Your duties, and the
program'. duties of any other in- �
{3) Subject to the limit described in volved insured, in the �
(2) above, the Each Employee event of an act, error or
Limit shown in Section B. Limiis omission,or claim,
of Insurance, 1. Employee apply iRespective of the
Benefit Liabitity Coverage of applica6on of the deductible �
this endorsement is the most we amount.
will pay for all damages sus-
tained by any one "employee", (d) We may pay any part or all
including damages sustained by of the deductible amount to
such "employee's" dependents effect settfement of any
and beneficiaries, as a result of: claim or "suiC' and, upon
a An act, error or omission;or notification of the action '
� ) taken, you shall promptly
(b) A series of related acts, er- reimburse us for such part
rors or omissions, regard- of the deductib{e amount as
less of the amount of time we have paid.
that lapses between such d. Additional Conditions
acts,errors or omissions,
ne li entl committed in the As respects Employee Benefit Li-
9 9 Y , ability Coverage, SECTION IV -
"administraUon" of your "em- COMMERCIAL GENERAL LIABIL-
ployee benefit program". ITY CONQITIONS is amended as
However, the amount paid un- follows:
der this endorsement shall not (1) Item 2. Duties in the Event of
exceed, and will be subject to Occurrence, Offense, Claim or
the limits and restrictions that Suit is deleted in its entirety and
apply to the payment of benefits replaced by the following:
in any plan included in the "em-
ployee benefit program", 2. Duties in the Event of an Act, Error or
(4) Deductible Amount Omission,or Claim or Suit
a. You must see to it that we are noti-
(a) Our obliga6on to pay dam- fied as soon as prac6cable of an act,
ages on behalf of the in- error or omission which may result in
sured applies only to the a claim. To the extent possible, no-
amount of damages in ex- tice should include:
cess of the deductible
amount stated in the Decla- (1} What the act, error or omission
rations as applicable to was and when it occurred;and
Each Employee. The limits
of insurance shall not be (2) The names and addresses of
reduced bX the amount of anyone who may suffer dam-
this deduchble, ages as a result of the act, eROr
or omission.
Inctudes copyrighted material of Insurance
GA 233 02 07 Services Office, lnc.,with its permission. Page 5 of 15
b. If a claim is made or"suit" is brought b. Method of Sharing
against any insured,you must: If all of the other insur-
(1) Immediately record the specifics ance permits contribu-
of the claim or "suit" and the tion by equal shares,
date received;and we will follow this
method also. Under
(2) Notify us as soon as practicable. this approach each in-
i You must see to it that we receive surer contributes equal
written notice of the claim or"suit" as amounts until it has
� soon as racticable. paid its applicable limit
P of insurance or none of
c. You and any other involved insured the loss remains,
must: whichever comes fi�st.
(1) Immediately send us copies of If any of the other in-
any demands, notices, sum- surance does not per-
monses or legal papers re- mit contribution by
ceived in connection with the equal shares, we will
claim or"suit"; contribute by limits.
Under this method,
(2) Authorize us to obtain records each insurer's share is
and other information; based on the ratio of its
(3) Cooperate with us in the investi- applicable limit of in-
ation or settlement of the claim surance to the total ap-
9 plicable limits of insur-
or defense against the "suiY; ance.of all insurers.
and
(4) Assist us, upon our request, in c. No Coverage
the enforcement of any right This insurance shall not
against any person or organiza- cover any loss for
tion which may be liable to the which the insured is
insured because of an act, eROr entiHed to recovery un-
or omission to which this insur- der any other insur- ,
ance may also apply. ance in force previous
d. No insured will, except at that in- to the effective date of
sured's own cost, voluntarily make a this Coverage Part.
Payment, assume any obligation, or e. Additional Definitions
mcur any expense without our con-
sent. As respecls Employee Benefit Li-
ability Coverage, SECTION V -
(2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol-
leted in its entirety and replaced lows:
by the following:
(1) The following definitions are
5. Other Insurance added:
If other valid and collectible 1. "Administration"means:
insurance is avaifable to the
insured for a loss we cover a. Providing information to
under this Coverage Part, "employses", including
our obligations are limited their dependents and
as follows: beneficianes, with re-
a. Prima Insurance spect to eligibility for or
rY scope of "employee
This insurance is pri- benefrt programs";
mary exce�t when c. b. Interpreting tt�e "em-
below applies. If this ployee benefit pro-
insurance is primary, grams";
our obligations are not
affected unless any of c. Handling records in
the other insurance is connection with the
also primary. Then, we "employee benefit pro-
will share with all that grams";or
other insurance by the d. Effecting, continuing or
method described in b. terminabn an 'em-
• below. ployee's" 9 participadon
Includes copyrighted material of Insurance
GA 233 02 07 Services Office,lnc.,witt�its permission. Page 6 of 15
in any benefit included benefits, workers' com-
in the "employee bene- Pensadon and disability
fit program'. benefits;and
However, 'administration" d. Vacation plans, includ-
does not include: ing buy and sell pro-
a. Handling payroll de- grams; leave of ab-
ductions;or sence programs, in-
cluding military, mater- I
b. The failure to effect or nity, family, and civil
maintain any insurance leave; tuition .assis-
or adequate limits of tance plans; transpor- I
coverage of insurance, tation and health club
including but not limited subsidies.
to unemployment in- (2) The following definitions are !
surance, social security deleted in their entirery and re-
benefits, workers' com- placed by the following: �
pensation and disability I
benefits. 21. "SuiY means a civil pro-
2. "Cafeteria plans" means ceeding in which money �
plan authoriied by applica- damages because of an ,
ble law to allow "employ- act, error or omission to �
ees" to elect to pay for cer- which this insurance applies
tain benefits with pre-tax are alleged. "Suit"includes: �
dollars. a. An arbitration pro- �
ceeding in which such '
.3. "Empfoyee benefit pro- �
grams" means a program damages are claimed
and to which the in- �
providing some or all of the sured must submit or �
followin� benefits to "em- does submit with our
ployees , whether provided consent;
through a "cafeteria plan"o�
otherwise: b. Any other altemative
dispute resolu6on pro-
a. Group life insurance; ceeding in which such
group accident or damages are claimed
health insurance; den- and to which the in-
tal, vision and hearing sured submits with our
plans; and flexible consent;or
spending accounts;
provided that no one c. An appeal of a civil
� other than an "em- proceeding.
ployee" may subscribe g, "Em lo ee" means a
to such benefits and P Y per-
such benefits are made son actively employed, for-
generally available to merly employed, on leave
those "employees"who of absence or disabled, or
satisfy the plan's e(igi- retired. "Employee" in-
bility requirements; cludes a 'leased woricer".
"Employee" does not in-
b. Profi� sharing plans, clude a'temporary worker".
employee savings
plans, empioyee stock 2• Unintentional Failure to Disclose Haz-
ownership plans, pen- ards
sion plans and slock SECTION IV-COMMERCIAL GENERAL
subscnption plans, LIABILITY CONRITIONS, 7. Represen-
provided that no one tations is hereby amended by the addi-
other than an "em- bon of the following:
ployee" may subscribe ,
to such benefits and Based on our dependence upon your
such benefits are made representations as to existing hazards, if
generally available to u�intentionally you should fail to disclose
all "employees" who all such hazards at the inception date of
are eligible under the your policy, we will not reject coverage
plan for such benefits; under this Coverage Part based solely on ,
c. Unemployment insur-
such failure.
ance, social security
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc.,with its permission. Page 7 of 15
3. Damage to Premises Rented to You e) Settling, cracking,
a. The last Sub ara ra h of Para raph shrinking or ex-
P 9 P 9 pansion;or
2. SECTION I - COVERAGES,
COVERAGE A. - B�DILY INJURY � Nesting or infesta-
AND PROPERTY DAMAGE, 2. LI- tion, or discharge
� ABILITY Exclusions is hereby de- or release of
leted and replaced by the following: waste products or
Exclusions c.throu h do not a f secretions, by in-
9 q• PP Y sects, birds, ro-
to damage by fire, explosion, light- dents or other
ning, smoke or soot to premises animals.
while rented to you or temporarily
occupied by you with permission of (b) Loss caused directly or indi-
the owner. rectly by any of the follow-
b. The insurance provided under SEC- ing:
T10N 1_-COVERAGES, COVERAGE 1) Earthquake, volcanic
A. BODILY INJURY AND PROP- eruption, landslide or
ERTY DAMAGE LIABILITY applies any other earth move-
to "property damage" arising out of inent;
water damage to premises that are
both rented to and occupied by you. 2) Water that backs up or
overflows from a
(1) As respects Water Damage Le- sewer,drain or sump;
gal Liability, as provided in
Paragraph 3.b,above: 3) Water under the
ground surface press-
The exclusions under SECTION ing on, or flowing or
1 - COVERAGES, COVERAGE seeping through:
A. BODILY INJURY AND a Foundations,
PROPERTY DAMAGE LlABlL- )
ITY,2. Exclusions, other than i. walls, floors or
War and the Nuclear Energy paved surfaces;
Liability Exclusion, are deleted � b) Basements,
and the following are added: whether paved or
This insurance does not apply not;or
to: c) Doors,windows or
(a) "Property damage": other openings.
i) Assumed in any con- (c) Loss caused by or resulting
tract;or from water that leaks or
flows from plumbing, heat-
2) Loss caused by or re- ing, air conditioning, or fire
sulting from any of the protection systems caused
following: by or resulGng from freez-
a) Wear and tear; ing, unless:
b) Rust, corrosion, 1) You did your best to
fungus, decay, maintain heat in the
deterioration, hid- building or structure;or
den or latent de- 2) You drained the
fect or any quality equipment and shut off
in property that the water supply if tt�e
causes it to dam- heat was not main-
age or destroy it- tained.
self;
c) Smog; (d) Loss to or damage to:
1) Plumbing, heating, air
d) Mechanical conditioning, fire pro-
breakdown in- tection systems, or
cluding rupture or other equipment or ap-
burs6ng caused pliances;or
by centrifugal
� force; 2) The interior of any
building or structure, or
to personal property in
the building or structure
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc„with its permission. Page 8 of 15
caused by or resultin9 5. Medical Payments
from rain, snow, sleet
o� ice, whether driven The Medical Expense Limit of Any One
by wind or not. Person as stated in the Deciarations is
c. Limit of Insurance amended to the limit shown in Section B.
Limits of Insurance, 5. Medical Pay-
The Damage to Premises Rented to ments of this endorsement.
You Limit as shown in the Declara- 6. Votuntary Property Damage and Care,
Hons is amended as follows: Custody or Control Liability Coverage
(2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- �
LtMITS �F INSURANCE is erage ;
hereby deleted and replaced by
the fol�owing: We will pay for 'property damage' to ',
6. Subject to 5, above, the property of others arismg out of op-
erations incidental to the insured's
Damage to Premises business when:
Rented to You Limit is the
most we will pay under (7) Damage is caused by the in-
COVERAGE A. BODILY sured;or
INJURY AND PROPERTY �
DAMAGE LlAB1UTY, for (2) Damage occurs while in the in- ;
damages because of sured's possession.
"property damage" to With your consent, we will make
premises while rented to these payments regardless of fault.
you or temporarily occupied
by you with permission of b. Care, Custody or Control Liability
the owner, arising out of Coverage
any one "occurrence" to SECTION i - COVERAGES, COV-
which this insurance ap- ERAGE A. BODILY INJURY AND
plies. PROPERTY DAMAGE LlABIL1TY,2.
(3) The amount we will pay is lim- Exclusions,j. Damage to Property
ited as described in Section B. Subparagraphs {3�, (4) and (5) do
Limits of Insurance, 3. Dam- not apply to "property damage" to
age to Premises Rented to the Qroperty of others described
You of this endorsement, therem.
4. Supplementary Payments With respect to tfie insurance provided by
Unde� SECTION I - COVERAGE, SUP- ��S section of the endorsement, the fol-
PLEMENTARY PAYMENTS - COVER• lowing additional provisions apply:
AGES A AND B: a. The Limits of Insurance shown in the
a. Para ra h 2. is re laced b the fol- Declarations are replaced by the lim-
9 P P Y its designated in Saction B. Limits of
lowing: Insurance, 6. Voluntary Property
Up to the limit shown in Section B, Damage and Care, Custody or
Limits of Insurance, 4.a. Bail Bonds Control Liability Coverage of this �
of this endorsement for cost of bail endorsement with respect to cover-
bonds required because of accidents age provided by this endorsement
or traffic law viola6ons arising out of These limits are inclusnre of and not
the use of any vehicle to which the in addition to the limits being re-
Bodily Injury Liability Coverage ap- placed. The Limits of Insurance
plies. We do not have to furnish shown in Section B. Limits of Insur-
these bonds. ance, fi. Voluntary Property Dam-
age and Care, Custody or Control
b. Paragraph 4, is replaced by the fol- Liability Coverage of this endorse-
lowing: ment fix the most we will pay in any
one "occurrence` regardless of the
All reasonable expenses incurred by number of:
tlie insured at our request to assist
us in the investigafion or defense of (1) Insureds;
the claim or "suit", includin� actual (2) Claims made or "suits" brou ht;
loss of earnings up to the limit shown or g
in Section B. Limits of Insurance,
4.b. Loss of Eamings of this en- (3) Persons or organizations mak-
dorsement per day because of time ing claims or bringing "suits".
off from work.
Includes copyrighted material of Insurance
GA 233 02 07 Services Office; Inc.,with its permission. Page 9 of 15
b. Deductible Clause 9. Automatic Additional Insured - Speci-
(1) Our obligation to pa� damages fied Relationships
; on your behalf applies only to a. The following is hereby added to
the amount of damages for each SECTION II-WHO IS AN INSURED:
'occuRence" which are in ex-
cess of the deductibie amount (1) An�r person or organization de-
stated in Section B. Limits oi scnbed in Paragraph 9.a.{2)
Insurance, fi. Voluntary Prop- below (hereinafter referred to as
erty Damage and Care, Cus- additional insured) whom you
tody or Control Liability Cov- are required to add as an addi-
erage of this endorsemsnt. The tional insured under this Cover-
limits of insurance will not be re- age Part by reason of:
duced by the application of such
deductible amount. (a) A written contract or
agrsement;or
(2) Condition 2. Quties in the Event (b) An oral agreement or con-
of�ccurrence, Offense, Claim tract where a certificate of
or Suit,applies to each claim or insurance showing that per-
"suit"iRespective of the amount. son or organization as an
(3) We may pay any part or all of additional insured has been
tfie deductible amount to effect issued,
settlement of any claim or "suit" is an insured,provided:
and, upon notification of the ac-
tion taken, you sha�l promptly (a) The written or oral contract
reimburse us for such part of the or agreement is:
deductible amount as has been
paid by us. 1) Currently in effect or
becomes effective
7. 180 Day Covera�e for Newly Formed or during the policy pe-
Acquired Organizations riod;and
SECTION II - WHO IS AN INSURED is 2) Executed prior to an
amended as foflows: "occuRence"or offense
Subparagraph a, of Paragraph 4. is to which this insurance
hereby deleted and replaced by the fol- would apply;and
lowing: (b) They are not specifically
a. Insurance under this provision is af- named as an addi6onal in-
forded only until the 180th day after sured under any other pro-
you acquire or form the organization vision of, or endorsement
or the end of the policy period, added to, this Coverage
whichever is earlier; Part.
8. Waiver of Subrogation (2) (�nly the following persons or
organizations are additional in-
SECTION IV-CQMMERCIAL GENERAL sureds under this endorsement,
LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro-
Rights of Recovery Against Others to vided to such additional in-
Us is hereby amended by the addition of sureds is limited as provided
the following: herein:
We waive any right of recovery we may (a) The manager or lessor of a
have because of payments we make for premises leased to you with
injury or damage arising out of your on- whom you have agreed per
going operations or'your worlc"done un- Paragraph 9.a.(1) above to
der a writtsn contract requiring such provide insurance, but only
waiver witi� that person or organization with respect to liability aris-
and included in the "products-completed ing out of the ownership,
operations hazard". However, our rights maintenance or use oF that
may onl� bs waived prior to the "occur- part of a premises leased to
rence"givmg rise to the injury or damage you, subject to the following
for which we make pa�ment under this addi4onal exclusions:
Coverage Part. The insured must do This insurance does not
nothing after a loss to impair our rights, apply to:
At our request,the insured will bring 'suit" �
or tr-ansfer those rights to us and help us 1) Any "occurrence"
enforce those rights. which talces place after
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc.,with its permission. Page 10 of 15
you cease to be a ten- c) Any physical or
ant in that premises. chemical change
2) Structural alterations, �n the product
new construction �r made intenUonally
demolition operations by the vendor;
Performed by or on be- dj Repackaging, un- I
half of such additional less unpacked
insured. solely for the pur-
(b) Any person or organization pose of inspection,
from which you lease demonst�a6on,
equipment with whom you testing, or the j
have agreed per Paragraph substitution of �
parts under in-
9.a.(1} above to provida in- strucdons from the I
surance. Such person(s) or manufacturer, and '
organization(s)are insureds t�en repacka ed
solely with respect to their �
liability arising out of the in the original ,
maintenance, operation or
container;
use by you of equipment e) Any failure to ,
leased to you by such per- make such in-
son(s) or organizations(s�. spections, adjust-
However, this insurance ments, tests or
does not apply to any "oc- servicing as the
currence'which takes Place vendor has
after the equipment lease agreed to make or
expires, normally under-
(c) Any person or organization takes to maka in
referred to below as ven- the usual course ,
� of business, in
dor) with whom you have connecbon with
agreed per Paragraph the distribution or
9.a.(1) above to provide in- sale of the prod- ,
surance, but only with re- ucts;
spect to "bodily mjury" or
"property damage" arising � Demonstration, in-
out of"your products"which stallation, servic-
are distributed or sold in the ing or repair op-
regular course of the ven- erations� except
dor s business, subject to such operations
the following additional ex- performed at the
clusions: vendor's premises
1 The insurance afforded in connection with
) the sale of the ,
the vendor does not product;
apply to:
a "Bodil in u ' or 9) Products which,
) Y 1 ry' after distribution or
"property damage" sale by you, have
for which the ven- been labeled or
dor is obligated to relabeled or used
pay damages by as a container,
reason of the as- part or ingredient �
sumption of liabil- of any other thing
ity in a contract or or substance by or
agreement. This for the vendor.
exclusion does not
apply to liability for 2) This insurance does
damages that the not apply to any in-
vendor would sured person or or-
have in the ab- ganization:
sence of the con-
tract or agree- a) From whom you
ment: have acquired
� such products, or
b) Any express war- any ingredient,
ranty unauthorized part or container,
by you; entering into, ac-
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15
� companying or 2) This insurance does
containing such not apply to "bodily in-
products;or jury", "property dam-
b When liabili in- age" or "personal and
) tY advertising injury" aris-
cluded within the ing out of operations
"products- performed for the state
completed opera- or political subdivision.
tions hazard" has
been excluded (� Any person or organization
under this Cover- wi�which you have agreed
age Part with re- per Paragraph 9.a.(1)
spect to such above to provide insurance,
products, but only with respect to li-
d An state or olitica� subdi- ability ansing out of "your
( ) y P work" performed for that
vision with which you have additional insured by you or
agreed per ParagraPh on your behalf. A person or
9.a.(1) above to provide �n- organization's status as an
surance, subject to the fol- insured under this provision
lowing additional provision: of t�is endorsement contin-
This insurance applies only ues for only the period of
with respect to the following time required by the written
hazards for which the state contract or agreement, but
or political subdivision has in no event beyond the ex-
issued a permit in connec- piration date of this Cover-
don with premises you own, age Part. If there is no
rent or control and to which written contract or agree-
this insurance applies: ment, or if no period of time
is required by the written
1) The existence, mainte- contract or agreement, a
nance, repair, con- person or organization's
struction, erecdon, or status as an insured under
removal of advertising this endorsement ends
signs, awnings, cano- when your operations for
pies, cellar entrances, that insured are completed.
coal holes, driveways, 3 An insurance rovided to an
manholes, marquees, � � y p
hoist away openings, additional insured designated
sidewalk vaults, street under Paragraph 9.a.(2}:
banners, or decora- (a) Subparagraphs (e) and (f�
tions and similar expo- does not apply to "bodily
sures;or injury"or"property damage"
2) The construc6on, erec- included within the "prod-
tion, or removal of ele- ucts-completed operations
vators;or hazard";
3) The ownership, main- (b) Subparagraphs (a), (b), (d),
tenance, or use of any (e)and(f�does not apply to
elevators covered by "bodily injury", "property
this insurance, damage" or "personal and
advettising in�ury" arising
(e) Any state or political subdi- out of the sole negligence
vision with which you have or willful misconduct of the
agreed per Paragra�h additlonal insured or their
9.a.(1) above to provide in- agents, "employees" or any
surance, subject to the fol- otf�er representative of the
lowing provisions: additional insured;or
1) This insurance applies (c) Subparag�aph (fl does not
only with respect to op- apply to "bodily injury",
erations performed by 'property damage' or "per-
you or on your behalf sonal and advertising injury"
for which the state or arising out of:
Polidcal subdivision has
issued a permit. 1) Defects in design fur-
nished by or on behalf
Inciudes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15
of the additional in- spects any other insurance
sured;or policy issued to the addi-
2) The rendering of, or tional insured, and such
failure to render, any other insurance policy shall �
professional architec- be excess and/or noncon-
tural, engineering or �bu6ng, whichever applies,
surveying services, in-
with this insurance.
cluding: {b) Any insurance provided by
this endorsement shall be
a? pprovingre�parfa�, primary to other insurance
ing to prepare or available to the addi6onal �
insured except:
approve maps, j
shop drawings, 1) As othervvise provided
opinions, reports, in SECTION IV i
surveys, field or- COMMERCIAL GEN-
ders, change or- ERAL LIABILITY I
ders or drawings CONDITIONS,5.Other ,
and specifications; Insurance, b. Excess j
and Insurance;or
b) Supervisory, in- 2) For any other valid and I
spection, archi- collectible insurance i
tectural or engi- available to the addi-
neering activities. tional insured as an i
3 "Your work" for which a additional insured by �
) attachment of an en- �
consolidated (wrap-up) dorsement to another !
insurance program has insurance policy that is
been provided by the written on an excess ;
primecontractor-project basis. In such case,
manager or owner of the coverage provided
the construction project under this endorse-
in which you are in- ment shall aiso be ex-
volved. cess.
b. Only with regard to insurance pro- (2) Condition 11. Conformance to
vided to an additional insured desig- Specific Written Contract or
nated under Paragraph 9.a.(2) Sub- Agreement is hereby added:
paragraph (fl above, SECTION III -
LIMITS OF INSURANCE is amended 11. Conformance to Specific
to include: Written Contract or
The limits applicable to the additional
Agreement
insured are those specified in the With respect to additional
written contract or agreement or in insureds described in Para-
the Declarations of this Covera�e graph 9.a.(2)(f�above only:
Part, whichever are less. If no limits
are specified in the written contract If a written contract or
or agreement, or if there is no written agreement between you
contract or agreement, the limits ap- and fhe additional insured
plicable to the additional insured are specifies that coverage io�
those specified in the Declarations of the additional insured:
this Coverage Part. The limits of in- a. Be provided by the In-
surance are inclusive of and not in surance Services �f-
addition to the limits of insurance fice addi6onal insured
shown in the Declarations. form number CG 20 10
c. SECTiON !V - COMMERCIAL GEN- or CG 20 37 (where
ERAL UABIUTY CONDITIONS is edition specified};or
hereby amended as follows: b. Include coverage for
(1) Condition 5. Other Insurance is completed operations;
amended to include: or
(a) Where required by a written c. Include coverage for
contract or agreement, this 'your wor{c";
insurance is primary and / and where the limits or cov-
or noncontributory as re- erage provided to the addi-
Includes copyrighted material of Insurance
GA 233 02 07 Services Offica, Inc.,with its permission. Page 13 of 15
! 6onal insured is more re- 1i. of this endorsement fix the
� strictive than was speci6- most we will pay in any one "oc-
caliy required in that written currence" regardless of the
' contract or agreement, the number of:
terms of Paragraphs
9.a:(3}(a), 9.a.(3)(b) or 9.b. (a) Insureds;
above, or any combination (b) Claims made or "suits"
thereof, shalf be interpreted brought;or
as providing the limits or
coverage required by the (c) Persons or organizations
terms of the written contract making claims or bring
or agreement, but only to "suits".
the exte�t that such limits or
coverage is included within (2) Deductible Clause
the tertns of the Coverage a Our obli ation to a dam-
Part to which this endorse- � � a es on9 our behalf a lies
ment is attached. If, how- 091 to the amount ofPdam-
ever, the written contract or ages for each "occurrence"
agreement specifies the In- which are in excess of the
surance Services Office Deductible amount stated in
additional insured form Section B. Limits of Insur-
number CG 20 10 but does ance, 11. of this endorse-
not specify which edition, or ment The limits of insur-
specifies an edition that ance will not be reduced b
does not exist, Paragraphs the a lication of such De
9.a.(3)(a) and 9.a.(3)(b) of ductible amount.
this endorsement shall not
apply and Paragraph 9.b.of (b) Condibon 2. Duties in the
this endorsement shall ap- Event of Occurrence, Of-
p�y' fense, Claim or Suit, ap-
10. Btoadened Contractuaf Liability- Work P
lies to each claim or "suit"
Within 50'of Railroad Property irrespective of the amount.
It is hereby agreed that Paragraph f.(1)of (c} We may pay any part or aU
Definition 12. "Insured contract" (SEC- of the deducfible amount to
TION V- DEFINITIONS)is deleted. effect settlement of any
claim or "suit" and, upon
11. Property Damage to Borrowed Equip- notification of the action
ment taken, you shall promptly
a, The following is hereby added to Ex- reimburse us for such part
clu.sion j. Damage to Property of of the deductible amount as
Paragraph 2., Exclusions of SEC- has been paid by us.
TION I -C�VERAGES, COVERAGE 12. Employees as Insureds - Specified
A. BODILY INJURY AND PROP- Health Care Services
ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph
Paragraphs (3) and (4) of this exclu- 2.a.(1)(d) of SECTION II - WHO IS AN
sion do not apply to tools or equip- tNSURED, does not apply to your "em-
ment loaned to you, provided they ployees"who p�ovide professional health
are not beinq used to perfoRn opera- care services on your behalf as duly li-
tions at the time of loss. censed:
b. Wt� respect to the insurance pro- a. Nu�ses;
vided by this section of the en- b. Emer enc Medical Technicians;or
dorsement, the following additional 9 Y
provisions apply: c. Paramedics,
(1) The Limits of insurance shown in the jurisdiction where an "occurrence"
in the Declarations are replaced or offense to which this insurance applies
by the limits designated in Sec- takes place.
tion B, Limits of Insurance, 11.
of this endorsement with respect 13. Broadened Nofice of Occurrence
to coverage provided by thls
endorsement. These limits are Paragraph a, of Condidon 2. Duties in
inclusive of and not in addiaon to the Event of Occurrence, Offense,
the limits being replaced. The Claim or Suit (SECTION IV- COMMER-
Limits of Insurance shown in CfAL GENERAL LIABIUTY CONDI-
Section B. Limits of Insurance,
Includes copyrighted material of Insurance
�A 233 02 07 Services Office, Inc.,with its permission. Page 14 of 15
� .
T10NS) is hereby deleted and replaced (2) The names and addresses of
by the following: any injured persons and wit-
a. You must see to it that we are noti- nesses;and
fied as soon as rac6cable of an �
P (3) The nature and location of any �
'occurrence' or an offense which injury or damage arising out of
may result in a claim. To the extent the "occurrence' or offense.
possible, notice shouid include: ,
This requirement applies only when
(1) How, when and where the "oc- the "occurrence"or offense is known ;
currence"or offense took place; to an "authorized representative".
I
�
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc.,with its permission. Page 15 of 15