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Gartman Mechanical Services & Oshkosh/60 Ton Condenser
VZ4- - ` k 4 4. .. �- E r Oshkosh CONTRACTOR AGREEMENT: 60 TON CONDENSER REPLACEMENT FOR SAFETY BUILDING THIS AGREEMENT, made on the 14TH day of JULY, 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and GARTMAN MECHANICAL SERVICES INC., 520 W SOUTH PARK AVE, OSHKOSH WI 54902 hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor,for the consideration hereinafter named,enter into the following agreement. The Contractor'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. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (PAUL LIBARDI,PROJECT MANAGER/HVAC DESIGNER) 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. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (JON URBEN,GENERAL SERVICES MANAGER) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled OSHKOSH SAFETY BUILDING 60 TON CONDENSER&FAN MOTOR REPLACEMENT and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project,providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor'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 VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than AUGUST 31, 2017 ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$112,137.00 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 Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor 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 Contractor a statement as to the reason(s)for withholding payment. C. Additional Costs. Costs for additional services shall 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 VIII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor 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 Contractor,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 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 ad- judged 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 IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. TERMINATION A. For Cause. If the Contractor 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 Contractor. In this event, the Contractor 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 Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor 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. In the Presence of: CONTRACTOR/CO;NSULTAN Byt,AeO, (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: Mark Abobloff, City Manager (Wi#ness� And: & 'bbrig, City Clerk+te'ss) Pamela R. APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City/'ttorney 3- City Comptroller x.h i b it-A CITY OF OSHKOSH SAFETY BUILDING: CONDENSER&FAN MOTOR REPLACEMENT BID PROPOSAL FORM Page 1 of 2 From: ��1' (bidder's company name) BID PROPOSAL DEADLINE: WEDNESDAY,JULY 12,2017 @ 10:00 A.M. Date: Addenda: Receipt of Addenda numbered of are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write "N/A" above. In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work,the rules,regulations,laws,codes,ordinances, and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor,Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction. By Submission of this Bid, each Bidder certifies, and in the case -of a joint-Bid,each party thereto certifies as to its own organization,that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): BASE BID: HC will replace one 60 ton 4 stage condenser(ACC-4)with a new 60 ton 4 stage condenser . on the Oshkosh Safety Building Roof. In addition, AHU-4's 30 hp fan motor will be replaced with a new 40 hp VFD fan motor. When replacing the condenser, the HC must also replace the refrigerant piping and refrigerant coil in AHU-4. The demo work will include removing condensers ACC-4&ACC-5 from the site. In addition,the top of ACC- 4 must have a sheet metal duct enclosure built on top of the condensing unit to direct condenser fan heat out and away from the building. Include in their bid shall be a price for ECD to modifying the existing DDC system for control of the new Condenser and new 40 HP VFD Fan Motor. At the completion of the installation, the HC must obtain an.air flow measurement for the Return Air,Fresh Air and Supply Air of AHU-4. TOTAL BASE BID $ _� Y��'n !.46awh.'X/ r r n� rs /),2, I3 Zoo i I (Base Bid Price—in Words) I I 27 CITY OF OSHKOSH SAFETY BUILDING: CONDENSER&FAN MOTOR REPLACEMENT BID PROPOSAL FORM Page 2 of 2 1J Warranty Details: Y'`�S -6 LJ SIGNATURES Date: Name of Company: �ri �St Submitted by: (name/title) ` ©'�in��k Email: C - Address of Company: 500 Phone: Company Representative that will be named Project Manager for this project,if awarded the bid o(�bar r Name Title That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal;that I have full authority to make such statements and submit this Proposal in(its)(their)behalf, and that said statements are true and rrect. Signatur Title 28 Page 1 of 2 DATE(MMIDD/YYYY) A�R CERTIFICATE OF LIABILITY INSURANCE J07/17/2017 UPON THE HOLDER. THIS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO THGHTS E COVERAGE AFFORDEDATE BY THE POLICIES CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Willis of Wisconsin, Inc. PHONE 1-877-945-7378 FAX No: 1-688-467-2378 AIC No Ext c/o 26 Century Blvd EDMAIL ADRESS: certificates@willis.com P.O. Box 305191 NAIC# Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE INSURERA: Cincinnati Insurance Company 10677 INSURED INSURER B: Cincinnati Casualty Company 28665 GMS, Inc. DBA Gartman Mechanical services INSURER C- Attn: Tim Weitz 520 W South Park Ave INSURER D: Oshkosh, WI 549032264 INSURER E: INSURER F: '. COVERAGES CERTIFICATE NUMBER:w3034963 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. ADDL SUER POLICY EFF POLICY EXP LIMITS rA TypE OFINSURANCE POLICYNUMBER MMIDDIYYYY MMIDDIYYYY 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAEACH OCCURRENCE $ DAMAGE TO RENTED 500,000 CLAIMS-MADE OCCUR PREMISES Ea occurrence $._. MED EXP(Any one person) $ 10,000 Y N EPP/EBA 028 93 29 12/06/2016 12/06/2017 PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 2,000,000 PRO- PRODUCTS-COMP/OP AG $ POLICY X JECT LOC pD Per Occ Ded $ 500 OTHER: COMBINED SINGLE LIMIT $ 1,000,000 AUTOMOBILE LIABILITY Ea accident) BODILY INJURY(Per person) $ X ANY AUTO A OWNED SCHEDULED N N EPP/EBA 028 93 29 12/06/2016 12/06/2017 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTYDAMAGE $ HIRED NON-OWNED Per accident AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAR X EACH OCCURRENCE $ 10,000,000 A OCCUR X EXCESS LIAR CLAIMS-MADE N N EPP 026 93 29 12/06/2016 12/06/2017 AGGREGATE $ 10,000,000 DED I X I.RETENTION$0 WORKERS COMPENSATION x STATUTE ER AND EMPLOYERS'LIABILITY y/N E.L.EACH ACCIDENT $ 100,000 B ANYPROPRIETOR/PARTNER/EXECUTIVE No N/A N EWC 035 97 21 12/06/2016 12/06/2017 100,000 OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE $ (Mandatory in NH) 500,000 00,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Contractors Errors & Omissions N N EPP/EBA 028 93 29 12/06/2016 12/06/2017 Per Claim $500,000 Agg $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: City of Oshkosh Safety Building: Condenser & Fan Motor Replacement. Blanket Additional Insured applies on the General Liability when required as per GA233 (02/07/) Contractors Commercial General Liability Broadened Endorsement. Coverage applies for completed operations. Blanket Waiver of Subrogation applies on the General Liability when required as per GA233 (02/07/) Contractors CERTIFICATE HOLDER CANCELLATION 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 AUTHORIZED REPRESENTATIVE P.O. Box 1130 215 Church Avenue Oshkosh, WI 54902 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD SR ID: 14847222 BATCH: 384355 AGENCY CUSTOMER ID: LOC#: GMS, . A/CC> ® ADDITIONAL REMARKS SCHEDULE Page z of 2 AGENCY DIncDDA Gartman Mechanical Services Willis of Wisconsin, Inc. Attn: Tim Weitz 520 W south Park Ave '.. POLICY NUMBER '.. Oshkosh, WI 549032264 See Page 1 '.. CARRIER NAIC CODE '.. See Page 1 See Page 1 EFFECTNEDA7E:See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: certificate of Liability Insurance Commercial General Liability Broadened Endorsement. When required by written contract or agreement, coverage applies on a Primary and/or Non-Contributory basis per GA233 (02/07/) Contractors commercial General Liability Broadened Endorsement. Additional Insured by Contract - AA 4171 11 05 (Blanket Additional Insured when required in a written contract) . Primary and Noncontributory Insurance (Endorsement AA4174 11/05 is part of the Automobile Liability policy shown. Blanket Waiver of Subrogation - Auto AA 4172 09 09 (when required in an "insured contract") Automatic Non-Contributory Coverage Endorsement - where required by written contract (XS 493 07 10) with a maximum limit of liability of $5,000,000 Each Occurrence /$5,000,000 Aggregate Limit. Blanket Waiver of Subrogation if required by a written contract or agreement and which is executed before a loss (Endorsement WC0003 - Waiver of Our Right to Recover From others) . City of Oshkosh, and its Officers, Council Members, Agents, Employees and Authorized Volunteers are named as Additional Insureds to the Commercial General Liability policy when required by written contract or agreement. i I i E I I I i t (i P t t ['E S ((t( i[ C E E { ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 14847222 BATCH: 384355 CERT: W3034983 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies Insurance provided under the following: % COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents- Coverage- Begins on Page 1. Employee Benefit Liability Coverage.............I....................................................................................2 21 Unintentional Failure to Disclose Hazards........................................................................................7 3. Damage to Premises Rented to You...................................................................................................8 4. Supplementary Payments.............................................................................................I.,..................9 5. Medical Payments............................................................................................................................. 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 Political Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits;and Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property.........................................14 111. Property Damage to Borrowed Equipment.....................................................................................14 12. Employees as Insureds-Specified Health Care Services: ............................................................14 . Nurses; . Emergency lvlecllcal Technicians;and . Paramedics ..................14 13. Broadened Notice of Occurrence................................................................................... 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. $600,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services office,Inc.,with Its permission. Page 1 of 15 6. Voluntary Property Damage(Coverage a.)and Care,Custody or Control 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 unless 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 TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- plicable limit of insur- 1. Employee Benefit Liability Coverage ance In the payment of a. The following is added to SECTION I Judgments or settle- -COVERAGES: Employee Benefit melts. Liability Coverage. No other obligation or liabil- 1 Insuring Agreement ity to pay sums or perform ( ) 9 9 acts or services 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 applies to ror or omission of the in- damages only if the act,er- sured, or of any other per- ror or omission, is negli- son for whose acts the in- gently committed in the sured is legally liable, to "administration" of your which this insurance app- "employee benefit pro- plies. We will have tine right gram";and and duty to defend the In- 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 tills whicin tills insurance does endorsement provided: not apply. We may,at our a) You did not have discretion, investigate any knowledge of a report of an act, error or claim or "suit" on omission and settle any or before the ef- claim or "suit" that may re- fective date of this sult, But: endorsement. 1) The amount we will pay You will be for damages is limited deemed to have as described in SEG knowledge of a TION III - LIMITS OF claim or "suit" INSURANCE;and when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; 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 investment any part,of the vehicles;or act, error or 3) Advice given to any omission to us person with respect to or any other that person's decision insurer; to participate or not to ii) Receives a participate In any plan written or ver- included in the 'em- bal demand or ployee benefit pro- claim for dam- gram'. ages because (f) Workers' Compensation of the act, or- and Similar Laws ror or omis- sion;and Any claim arising out of other your failure to comply with b) There Is no the mandatory provisions of applicable Insur-other ance. any workers'compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This Insurance does not apply or any similar law. to: (g) ERISA (a) Bodily Injury, Property Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of liability imposed on a fiduci- "Bodily injury", "property ary by the Employee Re- i damage" or 'personal and tirement Income Security ; advertising injury". Act of 1974, as now or b Dishonest Fraudulent hereafter amended, or by ( ) , any similar federal, state or Criminal or Malicious Act local laws. Damages arising out of any (h) Available Benefits Intentional, dishonest, fraudulent,criminal or mali- Any claim for benefits to the ; cious act,error or omission, extent that 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- plicablec Failure to Perform aCon- funds accrued or ( ) other collectible Insurance. tract Damages arising out of (i) Taxes,Fines or Penalties fail- ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. Insufficiency of funds to (j) Employment-Related meet any obligations under Practices any plan included in the "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, evaluation, reassign- 1) Failure of any invest- ment, discipline, defa- mentto perform; mation, harassment, 2 Errors in providing In humiliation, discrimina- formation n 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 practices, (e) A trust,you are an insured.• acts or omissions;or Your trustees are also in- sureds, but only with re- (4) Consequential liability spect to their duties as as a result of(1),(2)or trustees. (3)above, (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 with or repay benefit program". someone else who must (b) Any persons, organizations pay damages because of or employees" having the Injury, proper temporary authors- (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, (c) Your legal representative If b. Who is an insured you die, but only with re- As respects Employee Benefit Liabil- That tr duties as such. T ity Coverage,SECTION II-WHO IS That representative will have all your rights and du- AN INSURED is deleted in its en- tirety and replaced by the following: Past under this Coverage (1) If you are designated in the (3) Any organization you newly ac- Declarations as: 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 majority interest, will qualify which you are the sole as a Named Insured if no other owner, similar insurance applies to that organization. However, cover- (b) A partnership or joint ven- age under this provision: lure, you are an insured. a is afforded onlyuntil the Your members, your part- ( ) Is of dayy after ou acquire ners,and their spouses are or form the organization or also insureds but only with respect to the conduct of the and of the policy period, your business. whichever is earlier;and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission 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. Limits of Insurance sureds, but only with re- spect to their duties as your As respects Employee Benefit Lfabll- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership,joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown You are an insured. Your in Section B. Limits of Insur- executive officers" and df- 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 duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated In the Declarations applies to all damages (c) Persons or organizations sustained by any one "em- making claims or bringing ployee", including such i "suits"; "employee's" dependents and beneficiaries, because (d) Acts,errors or omissions;or of 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 Section B.Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement defend the insured Is the most we will pay for all against any "suits" damages because of acts, er- seeking those dam- rors or omissions negligently ages;and committed In the "administra- tion" 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 ( } ) event of an act,error or (2) above, the Each Employee omission,or claim, Limit shown in Section B.Limits of Insurance, 1. Employee apply Irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- We may a an art or all tained by any one "employee", (d) of the deductible amount all including damages sustained by effect settlement of an such "employee's" dependents y and beneficiaries,as a result of: claim or "suit" and, upon notification of the action (a) An act,error or omission;or taken, you shall promptly b A series of related acts,er reimburse us for such part ( ) of the deductible amount as rors or omissions, regard- we have paid. less of the amount of time that lapses between such d. Additional Conditions acts,errors or omissions, As respects Employee Benefit Li- negligently committed in the ability Coverage, SECTION IV - "administration" of your "am- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows;. i 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 f, Omission,or Claim or Suit (4) Deductible Amount a. You must see to it that we are noti- (a) Our obligation to pay dam- fied as soon as practicable 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 (2) The names and addresses of of insurance shall not be anyone who may suffer dam- reduced by the amount of ages as a result of the act,error this deductible, or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,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 lnsur- (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- You must sea to it that we receive surer contributes equal is until It has written notice of the claim or"suit'as aid it p soon as practicable. paid its applicable limit P of insurance or none of . c. You and any other Involved insured the loss remains, must: whichever comes first, (1) Immediately send us copies of If any of the other in- any demands, notices, sum surance does not per- any 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 applicable limit of in- (3) Cooperate with us in the invest[- surance to the total ap- gation or settlement of the claim plicable limits of insur- or defense against the "suit"; ance of all insurers. and c. No Coverage (4) Assist us, upon our request,in 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,error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous to the effective date of d. No insured will, except at that In- this Coverage Part. sured's own cost,voluntarily make a payment,assume any obligation,or e. Additional Definitions Incur any expense without our con- As respects Employee Benefit Li- sent, ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- feted in its entirety and replaced lows: by the following: (1) The following definitions are S. Other Insurance added: If other valid and collectible 1. "Administration"means: insurance is available to the a. Providing information to insured for a loss we cover "em donees", including under this Coverage Part, .,help dependents and our obligations are limited beneficiaries, with ye- as follows: spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs', mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not c. Handling records In affected unless any of connection with the the other insurance is "employee benefit pro- also primary. Then,we will share with all that grams";or other insurance by the d. Effecting, continuing or method described in b. terminating any 'em- below. ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with Its permission. Page 6 of 15 In any benefit included benefits,workers'com- ih the"employee bene- pensation and disability fit program". benefits;and However, "administration" d. Vacation plans, includ does not include: ing buy and sell pro- grams; leave of ab- a. Handling payroll de- sence programs, in- ductions;or cludingg military, mater- nity, famlly, and civil ; b. The failure to effect or leave; tuition assis- maintain any insurance tance plans; transpor- or adequate limits of tation and health club coverage of insurance, subsidies. Including but not limited to unemployment in- (2) The following definitions are surance,social security deleted in their entirety and re- benefits,workers'com- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- ceeding in which money 2. "Cafeteria plans" means damages because of an Elan authorized by appiica- act, error or omission to le law to allow "employ- which this insurance applies ees"to elect to pay for cer- are alleged. "Suit"includes: tain benefits with pre-tax a. An arbitration pro- dollars, ceeding in which such 3. "Employee benefit pro- damages are claimed grams" means a program and to which the in- i providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a"cafeteria plan"or otherwise; b. Any other alternative dispute resolution pro- a. Group life insurance; ceeding in which such i 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 that no one ed accounts; provided c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe g, "Employee" means aper to such benefits and son actively employed, for- such benefits are made merly employed, on leave generally available to of absence or disabled, or those"employees"who retired. "Employee" in- satisfy the plan's elfgi- cludes a "leased worker". bility requirements; "Employee" does not in- b. Profit sharing plans, clude a"temporary worker". employee savings 2, Unintentional Failure to Disclose Haz- plans, employee stock ards ownership plans, pen- sion plans and stock SECTION IV-COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one tations Is hereby amended by the addi- other than an "em- tion of the following; f ployee. may subscribe ; to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards,If I generally available to unintentional) you should fail to disclose all "em loyees" 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, shrinking or ex- a. The last Subparagraph of Paragraph pansion;or 2. SECTION 1 - COVERAGES, COVERAGE A. - BODILY INJURY f) 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 secretions, by in- Exclusions c,through q.do not apply 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 indf- the owner, rectly by any of the follow- b. The insurance provided under SEC- Ing: TION I-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 ment; water damage to premises that are 2) Water that backs up or both rented to and occupied by you. overflows from a (1) As respects Water Damage Le- sewer,drain or sump; gal Liability, as provided in 3) Water under the Paragraph 3.b.above: ground surface press- The exclusions under SECTION ing on, or flowing or - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND a) Foundations, PROPERTY DAMAGE LIABIL- walls, floors or ITY,2.Exclusions,other than I. paved surfaces; War and the Nuclear Energy 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. 1) 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 theprotection systems caused following: y or resulting from freez- ing,unless: a) Wear and tear; 1) You did your best to b) Rust, corrosion, maintain heat in the fungus, decay, building or structure;or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: C) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- taction systems, or cluding rupture or other equipment or ap- bursting caused pliances;or by centrifugal 2) The Interior of any force; 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 resulting 5. Medical Payments from rain snow, sleet The Medical Expense Limit of Any One or ice, whether driven Person as stated in the Declarations is by wind or not, amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, S. Medical Pay- ments of this endorsement. The Damage to Premises Rented to You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION til - a. Voluntary Property Damage Gov- LIMITS OF INSURANCE is erage I hereby deleted and replaced by We will payfor"property damage"to the following: property of others arising out of op- 6. Subject to 5, above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the In- COVERAGE A. BODILY or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of "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 1 - COVERAGES, COV- which this insurance ap- ERAGE A. BODILY INJURY AND plies, PROPERTY DAMAGE LIABILITY,2. ' (3) The amount we will pay Is lim- Exclusions, Damage to Property, I 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 property of others described You of this endorsement. therein. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply: PLEMENTARY PAYMENTS - COVER- a. The Limits of Insurance shown in the AGES A AND B: Declarations are replaced by the lim- a. Paragraph 2.is replaced by the fol- its designated in Section B.Limits of lowing: insurance, 6. Voluntary Property U 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 r cover. bonds required because of accidents age provided e i this endorsement. or traffic law violations arisingout of These limits are inclusive of and not In addition to the limits being re- the use of any vehicle to which the placed. The Limits of Insurance Bodily Injury Liability Coverage ap- shown in Section B.Limits of insur- plies. We do not have to furnish ance, 6. Voluntary Property Dam- these bonds. 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: the insured at our request to assist (1) Insureds; us In the investigation or defense of the claim or "suit", including actual (2) Claims made or"suits" brought; loss of earnings up to the limit shown or in Section B. Limits of Insurance, 4,b. Loss of Earnings 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- fied Relationships (1) Our obligation to pay damages added to on th your behalf applies only to a. The following is SECTION 11-WHO S AN INSURED: the amount of damages for each occurrence" which are In ex- (1) Any person or organization de- cess of the deductible amount scribed In Paragraph 9.a.(2) stated in Section B. Limits of below(hereinafter referred to as Insurance, 6. Voluntary Prop- additional insured) whom you erty Damage and Care, Cus- are required to add as an adds- tody or Control Liability Cov- tional insured under this Cover- erage of this endorsement. The age Part by reason of: limits of insurance will not be re- duced by the application of such (a) A written contract or deductible amount. agreement;or (2) Condition 2.Duties in the Event (b) An oral agreement or cbn- of Occurrence,Offense,Claim tract where a certificate of or Suit,applies to each claim or insurance showing that per- "suit"Irrespective of the amount son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or"suit" is an Insured,provided: and,upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been 1) Currently in effect or paid by us, becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations rind;and SECTION II -WHO iS AN INSURED is 2) Executed prior to an amended as follows: "occurrence"or offense to which this insurance Subparagraph a. of Paragraph 4. is would apply;and hereby deleted and replaced by the fol- lowing: (b) They are not specifically named as an additional in- a. Insurance under this provision Is af- sured under any other pro- forded only until the 180th day after vision of, or endorsement You acquire or form the organization added to, this Coverage or the end of the policy period, Part whichever is earlier; (2) Only the following persons or 8. Waiver of Subrogation organizations are additional in- SECTION IV-COMMERCIAL GENERAL sureds under Oils endorsement, LIABILITY CONDITIONS, 9.Transfer of and insurance coverage pro- vided of Recover Against Others to sided tsuch additional i n. Ri Recovery A i g sureds s limited as provided Us is hereby amended by the addition of herein: the following: We waive any right of recovery we may (a) The manager or lessor a with premises leased to you with have because of payments we make for whom you have agreed per injury or damage arising out of your on- Paragraph 9.a.(1) above to going operations or"your work"done un provide Insurance, but only der a written contract requiring such with respect to liability ads- waiver with that person or organization Ing out of the ownership, and included in the "products-completed maintenance or use of that operations hazard". However,our rights part of a premises leased to may only be waived prior to the "occur- yousubject to the following rence"gfvhig rise to the injury or damage additional exclusions: for which we make payment under this 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 transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance page 10 of 15 GA 233 02 07 Services Office,Inc.,with its permission. g you cease to be a ten- c) Any physical or ant in that premises. chemical change in the product 2) Structural alterations, made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured, solely for the pur- pose of inspection, (b) Any person or organization demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1)above to provide n- structions from the surance. Such person(s)or manufacturer, and organization(s)are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or 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 cun-ence"which takesplace vendor has after the equipment tease agreed to make or expires. normally under- takes to make in (c) Any person or organization the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1)above to provide n- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in- out of"your products"which staflation, servic- are distributed or sold in the ing or repair op- regular course of the ven- erations, except don's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises in connection with 1) The Insurance afforded the sale of the the vendor does not product; apply to: g) Products which, a) "Bodily injury" or 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- a) From whom You tract or agree- have acquired ment; 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"s "property dam age or personal and b) When liability in- 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 (f) Any person or organization under this Cover- with 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 If, ability arising out of "your (d) !un state or political subdi 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 m- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contln- his insurance applies only ues for only the period of T PP y time required by the written with respect to the following contract or agreement, but hazards for which the state in no event beyond the ex- or political subdivision has piration date of this Cover- Issued a permit in connec- age Part. If there is no tion with premises you own, written contract or agree- rent or control and to which ment,or if no period of time this insurance applies: is required by the written 1) The existence, mainte- contract or agreement, a trance, repair, con- person or organization's struction, erection, 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 (toles, driveways, (3) Any Insurance provided to an manholes, marquees, additional insured designated hoist away openings, under Paragraph 9.a.(2): sidewalk vaults, street banners, or decors- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures;or injury"or"property damage' 2} The construction, erec- included within the "prod- tion, o removal of recGIs- ucts-completed operations tion, o;or hazard'; vatoThe ownership, main= (b) Subparagraphs(a),(b),(d), 3 p. (e)and(f)does not apply to tenance,or use of any "bodily injury", "property elevators covered by damage" or "personal and this insurance, advertising injury" arising (e) Any stateor political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional Insured or their 9.a.(1)above to provide in- agents,"employees"or any surance, subject to the fol- other representative of the lowing provisions; additional Insured;or 1) This Insurance applies (c) Subparagraph (f) does not only with respect to op apply to bodily injury", erations performed by property damage or"par you or on your behalf sonal and advertising Injury" for which the state or arising out of: political subdivision Inas 1) Defects in design fur- issued a permit, nished by or on behalf Includes copyrighted material of Insurance Pae 12 of 15 GA 233 02 07 Services Office,Inc.,with its permission. 9 of the additional in- spects any other insurance cured;or policy issued to the addi- tional insured, and such 2) The rendering of, or other Insurance policy shall failure to render, any be excess and/or noncon- professional atchitec- tributing,whichever applies, tural, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fall- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS,5.Other and specifications; Insurance, b. Excess and insurance;or b) Supervisory, in- 2) For any other valid and spection, archt- collectible insurance tectural or engi- available to the addi- neering activities, tional insured as an additional insured by 3) "YourwoW forwhich a 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 also 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 ff) above, SECTION III - LIMITS OF 1INSURANCE 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 Coverage graph 9.a.(2)(f)above only: Part,whichever are less. If no limits If a written contract or are specified in the written contract agreement between you or agreement,or if there Is no written and the additional insured contract or agreement,the limits ap- specifies that coverage for plicable to the additional insured are the additional insured: - those specified in the Declarations of this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not In surance Services Of- addition to the limits of insurance fice additional insured shown in the Declarations, form number CG 20 10 c. SECTION IV-COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified);or hereby amended as follows: b. Include coverage for (1) Condition S.Other insurance Is completed operations; amended to Include: or c. Include coverage for (a) Where required by a written "your work"; contract or agreement,this insurance is primary and / and where the limits or oov- or noncontributory as re- erage provided to the add!- Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 13 of 115 tlonal Insured is more re- 11. of this endorsement fix the strictive than was specifi- most we will pay in any one"oc- cally required in that written currence" regardless of the contract or agreement, the number of: terms of Paragraphs 9.a.(3)(b) or 9.b. (a) Insureds; above, or any combination (b) Claims made or "suits" thereof,shall 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 "sults". the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage (a) Our obligation to pay dam- Part to which this endorse- ages on your behalf applies ment is attached. If, how- only to the amount of dam- 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 by does not exist, Paragraphs the application 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) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence, Of- ply. fense, Claim or Suit, ap- plies10. Broadened Contractual Liability-Work to each claim or n 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 all of the deductible amount to Definition 12. "Insured contract" (SEC- 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 reimburse us for such part a. The following is hereby added to Ex- of the deductible amount as clusion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION I-COVERAGES,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.(11)(d) of SECTION II - WHO IS AN sion do not apply to tools or equip- INSURED, does not apply to your "em- ment loaned to you, provided they ployees"who provide professional health are not being used to perform opera- care services on your behalf as duly 11 tions at the time of loss. censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en- b. Emergency Medical Technicians;or dorsement, the following additional 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 Notice of Occurrence to coverage provided by this endorsement. These limits are Paragraph of Occurrence, Offense,h a, of Condition 2. Duties in Inclusive of and not in addition to the EventClaim or Suit(SECTION IV-COMMER- Limfts of Insurance shown in the limits being replaced. The CIAL GENERAL LIABILITY CONDI- Section B.Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with Its permission. Page 14 of IS TIONS) 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- tresses;and fled as soon as practicable of an (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 should 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". Includes copyrighted material of Insurance GA 233 02 07 Services'Office,Inc.,with its permission. Page 15 of 15