Agenda Item
viii. Geotechnical, Environmental and Construction Material Testing, RFQu 19-752-024 Renewal Approval – Year 4 of 4 (Matrix Engineering Group, Inc., MC Squared, Inc., NOVA Engineering and Environmental, LLC, Terracon Consultants, Inc., and S&ME, Inc. for an additional year in the not to exceed amount of $300,000).
Summary: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the Board of Education approve the contract renewal for RFQu 19-752-024 for Geotechnical, Environmental and Construction Material Testing on an as needed basis for Geotechnical, Environmental and Construction Material Testing for both SPLOST and Non-SPLOST projects. This request extends the agreement for Matrix Engineering Group, Inc., an additional year through April 22, 2024, MC Squared, Inc., an additional year through June 4, 2024, NOVA Engineering and Environmental, LLC, an additional year through May 8, 2024, Terracon Consultants, Inc., and S&ME, Inc. an additional year through July 24, 2024.
Why: This request is a contract renewal for Matrix Engineering Group, Inc., MC Squared, Inc., NOVA Engineering and Environmental, LLC, Terracon Consultants, Inc., and S&ME, Inc. to provide Geotechnical, Environmental and Construction Material Testing on an as needed basis for various remodeling, renovations, life safety, maintenance and repair projects. This request extends the agreement for an additional year through July 2024.
Details: On March 4, 2019, the Board of Education approved Atlas Technical Consultants, ECS Southeast, LLP, Matrix Engineering Group, Inc., MC Squared, Inc., NOVA Engineering and Environmental, LLC, and Terracon Consultants, Inc., and Wood Environment & Infrastructure Solutions, Inc. as the most responsive and responsible offeror to provide district wide geotechnical, environmental and construction material testing. This request extends the agreement for Matrix Engineering Group, Inc., an additional year through April 22, 2024, MC Squared, Inc., an additional year through June 4, 2024, NOVA Engineering and Environmental, LLC, an additional year through May 8, 2024, and Terracon Consultants, Inc., and S&ME, Inc. an additional year through July 24, 2024. Atlas Technical Consultants, ECS Southeast, LLP, and Wood Environment & Infrastructure Solutions, Inc. did not respond to the District’s request to renew. This recommendation is for the fourth, and final, of four one-year (1-year) contract renewal options.
Financial impact: The total contract amount for these services in the amount not to exceed $300,000 will be allocated from the General Fund Budget, Purchased Prof/Tech Services (100.2600.530000.00011.7520.8013.040.0000).
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1470
Mr. Bobby Moncrief, Director of Facilities, Division of Operations, 678.676.1478
Effective: Upon board approval
Status: Approved by General Counsel
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 02/07/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Becky Streetman
NAME:
PointeNorth Insurance Group, LLC PHONE (770) 858-7540 FAX (770) 858-7545
(A/C, No, Ext): (A/C, No):
PO Box 724728 E-MAIL becky.streetman@pninsurance.com
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
Atlanta GA 31139 INSURER A : National Trust Ins Co. (A Rated) 20141
INSURED INSURER B : FCCI Insurance Company (A Rated) 10178
MC Squared, Inc. and MC Squared. LLC INSURER C : Endurance American Specialty Ins Co (A+ Rated) 41718
1275 Shiloh Rd NW INSURER D : Homeland Insurance Company of New York (A+ Rated) 34452
Suite # 2620 INSURER E :
Kennesaw GA 30144 INSURER F :
COVERAGES CERTIFICATE NUMBER: 22/23 Master COI 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.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED 100,000
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $ 5,000
A Cyber Coverage (see attached) Y CPP100056771 05/02/2022 05/02/2023 PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
PRO- 2,000,000
POLICY JECT LOC PRODUCTS - COMP/OP AGG $
OTHER: Employee Benefits $ 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
A OWNED SCHEDULED Y CA100056770 05/02/2022 05/02/2023 BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000
A EXCESS LIAB CLAIMS-MADE UMB100056795 05/02/2022 05/02/2023 AGGREGATE $ 5,000,000
DED RETENTION $ 10,000 $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS' LIABILITY STATUTE ER
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000
B OFFICER/MEMBER EXCLUDED? N N/A WC0100069708 05/02/2022 05/02/2023
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
Pollution/ Each Claim 3,000,000
Professional Liability
C DPL30001691002 05/02/2022 05/02/2023 Pollution/Aggregate 3,000,000
Self Insured Retention: 25,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: RFQu #19-752-024, Professional Architectural/Engineering Services
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Dekalb County School District ACCORDANCE WITH THE POLICY PROVISIONS.
1780 Montreal Road
AUTHORIZED REPRESENTATIVE
Tucker GA 30084
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: CPP100056771-00 COMMERCIAL GENERAL LIABILITY
CGL 084 (10 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS –
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION
AGREEMENT WITH YOU – ONGOING OPERATIONS AND
PRODUCTS-COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE (OPTIONAL)
Name of Additional Insured Persons or Organizations
(As required by written contract or agreement per Paragraph A. below.)
Locations of Covered Operations
(As per the written contract or agreement, provided the location is within the “coverage territory”.)
.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.)
A. Section II – Who Is An Insured is amended to include as an additional insured:
1. Any person or organization for whom you are performing operations when you and such person or
organization have agreed in writing in a contract or agreement in effect during the term of this policy that
such person or organization be added as an additional insured on your policy; and
2. Any other person or organization you are required to add as an additional insured under the contract or
agreement described in Paragraph 1. above; and
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3. The particular person or organization, if any, scheduled above.
Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury",
"property damage" or "personal and advertising injury" occurring after the execution of the contract or
agreement described in Paragraph 1. above and caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for
the additional insured; or
3. “Your work” performed for the additional insured and included in the “products-completed operations
hazard” if such coverage is specifically required in the written contract or agreement.
However, the insurance afforded to such additional insured(s) described above:
1. Only applies to the extent permitted by law;
2. Will not be broader than that which you are required by the contract or agreement to provide for such
additional insured;
3. Will not be broader than that which is afforded to you under this policy; and
4. Nothing herein shall extend the term of this policy.
B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or
"personal and advertising injury" arising out of the rendering of, or the failure to render, any professional
architectural, engineering or surveying services, including:
1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activities.
C. This insurance is excess over any other valid and collectible insurance available to the additional insured
whether on a primary, excess, contingent or any other basis; unless the written contract or agreement
requires that this insurance be primary and non-contributory, in which case this insurance will be primary and
non-contributory relative to insurance on which the additional insured is a Named Insured.
D. With respect to the insurance afforded to these additional insureds, the following is added to Section III –
Limits of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement described in Paragraph A.1.; or
2. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
E. Section IV – Commercial General Liability Conditions is amended as follows:
The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following
additional conditions applicable to the additional insured:
An additional insured under this endorsement must as soon as practicable:
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1. Give us written notice of an “occurrence” or an offense which may result in a claim or “suit” under this
insurance, and of any claim or “suit” that does result;
2. Send us copies of all legal papers received in connection with the claim or “suit”, cooperate with us in the
investigation or settlement of the claim or defense against the “suit”, and otherwise comply with all policy
conditions; and
3. Tender the defense and indemnity of any claim or “suit” to any provider of other insurance which would
cover the additional insured for a loss we cover under this endorsement and agree to make available all
such other insurance. However, this condition does not affect Paragraph C. above.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive from
the additional insured written notice of a claim or “suit”.
F. This endorsement does not apply to any additional insured or project that is specifically identified in any other
additional insured endorsement attached to the Commercial General Liability Coverage Form.
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COMMERCIAL AUTOMOBILE
CAU 041 (01 15)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTOMATIC ADDITIONAL INSURED - WHEN
REQUIRED IN WRITTEN AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS
AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated
below.
The following is added to Section II – Covered Autos Liability Coverage, Subsection A. Coverage, Paragraph 1.
Who Is An Insured:
Who Is An Insured is amended to include any person or organization for whom you are required to name as an
additional "insured" in a written contract or agreement that is signed and executed by you prior to the loss for
which coverage is sought, but only with respect to liablity arising out of a covered "auto".
Such person or organization is an "insured" but only with respect to your negligent actions, which cause liability to
be imposed on such person or organization without fault on the part of said person or organization.
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CGL 004 01 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY ADVANTAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage
Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage
Form.
The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows:
SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows:
1. Extended “Property Damage”
Exclusion 2.a., Expected or Intended Injury, is replaced with the following:
a. “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This
exclusion does not apply to “bodily Injury” or “property damage” resulting from the use of reasonable
force to protect persons or property.
2. Non-owned Watercraft
Exclusion 2.g. (2) (a) is replaced with the following:
(a) Less than 51 feet long; and
3. Property Damage Liability – Borrowed Equipment
The following is added to Exclusion 2.j. (4):
Paragraph (4) of this exclusion does not apply to “property damage” to borrowed equipment while at a
jobsite and not being used to perform operations. The most we will pay for “property damage” to any one
borrowed equipment item under this coverage is $25,000 per “occurrence”. The insurance afforded under
this provision is excess over any other valid and collectible property insurance (including deductible)
available to the insured, whether primary, excess, contingent or on any other basis.
SECTION I – COVERAGES, the following coverages are added:
COVERAGE D. VOLUNTARY PROPERTY DAMAGE
1. Insuring Agreement
We will pay, at your request, for “property damage” caused by an “occurrence”, to property of others
caused by you, or while in your possession, arising out of your business operations. The amount we will
pay for damages is described in SECTION III LIMITS OF INSURANCE.
2. Exclusions
This insurance does not apply to:
"Property Damage" to:
a. Property at premises owned, rented, leased or occupied by you;
b. Property while in transit;
c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you;
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d. Premises you sell, give away, or abandon, if the “property damage” arises out of any part of those
premises;
e. Property caused by or arising out of the “products-completed operations hazard”;
f. Motor vehicles;
g. “Your product” arising out of it or any part of it; or
h. “Your work” arising out of it or any part of it.
3. Deductible
We will not pay for loss in any one “occurrence” until the amount of loss exceeds $250. We will then pay
the amount of loss in excess of $250 up to the applicable limit of insurance.
4. Cost Factor
In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the
labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead
charges.
The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland
marine insurance (including the deductible applicable to the property or inland marine coverage) available to
you whether primary, excess, contingent or any other basis.
Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of
use.
The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E.
COVERAGE E. CARE, CUSTODY OR CONTROL
1. Insuring Agreement
We will pay those sums that the insured becomes legally obligated to pay as damages because of
“property damage” caused by an “occurrence”, to property of others while in your care, custody, or control
or property of others as to which you are exercising physical control if the “property damage” arises out of
your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF
INSURANCE.
2. Exclusions
This insurance does not apply to:
"Property Damage” to:
a. Property at premises owned, rented, leased or occupied by you;
b. Property while in transit;
c. Premises you sell, give away, or abandon, if the “property damage” arises out of any part of those
premises;
d. Property caused by or arising out of the “products-completed operations hazard”;
e. Motor vehicles;
f. “Your product” arising out of it or any part of it; or
g. “Your work” arising out of it or any part of it.
3. Deductible
We will not pay for loss in any one “occurrence” until the amount of loss exceeds $250. We will then pay
the amount of loss in excess of $250 up to the applicable limit of insurance.
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4. Cost Factor
In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the
labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead
charges.
The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland
marine insurance (including the deductible applicable to the property or inland marine coverage) available to
you whether primary, excess, contingent or any other basis.
The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D.
COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE
1. Insuring Agreement
a. If you are a “seller”, we will reimburse you for "product withdrawal expenses" associated with “your
product” incurred because of a "product withdrawal" to which this insurance applies.
The amount of such reimbursement is limited as described in SECTION III - LIMITS OF
INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered.
a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the
"coverage territory" during the policy period because:
(1) You determine that the "product withdrawal" is necessary; or
(2) An authorized government entity has ordered you to conduct a "product withdrawal".
c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us
within one year of the date the "product withdrawal" was initiated.
d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the
following times:
(1) When you have announced, in any manner, to the general public, your vendors or to your
employees (other than those employees directly involved in making the determination) your
decision to conduct a "product withdrawal" This applies regardless of whether the determination
to conduct a "product withdrawal" is made by you or is requested by a third party;
(2) When you received, either orally or in writing, notification of an order from an authorized
government entity to conduct a "product withdrawal”; or
(3) When a third party has initiated a "product withdrawal" and you communicate agreement with the
"product withdrawal", or you announce to the general public, your vendors or to your employees
(other than those employees directly involved in making the determination) your decision to
participate in the "product withdrawal", whichever comes first.
e. "Product withdrawal expenses" incurred to withdraw "your products" which contain:
(1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or
(2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly
determined or ordered in accordance with paragraph 1.b of this coverage.
2. Exclusions
This insurance does not apply to "product withdrawal" expenses" arising out of:
a. Any "product withdrawal" initiated due to:
(1) The failure of "your products" to accomplish their intended purpose, including any breach of
warranty of fitness, whether written or implied. This exclusion does not apply if such failure has
caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property.
(2) Copyright, patent, trade secret or trademark infringements;
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(3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it
is caused by:
(a) An error in manufacturing, design, processing or transportation of "your product"; or
(b) "Product tampering".
(4) Expiration of the designated shelf life of "your product".
b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named
Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part
or prior to the time "your product" leaves your control or possession.
c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under
Coverage A - Bodily Injury And Property Damage Liability by endorsement.
d. Recall of "your products" which have been banned from the market by an authorized government
entity prior to the policy period.
e. The defense of a claim or "suit" against you for "product withdrawal expenses".
3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In
The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV – COMMERCIAL
GENERAL LIABILITY CONDITIONS:
e. Duties In The Event Of A "Defect" Or A "Product Withdrawal"
(1) You must see to it that we are notified as soon as practicable of any actual, suspected or
threatened "defect" in "your products", or any governmental investigation, that may result in a
"product withdrawal". To the extent possible, notice should include:
(a) How, when and where the "defect" was discovered;
(b) The names and addresses of any injured persons and witnesses; and
(c) The nature, location and circumstances of any injury or damage arising out of use or
consumption of “your product".
(2) If a "product withdrawal" is initiated, you must:
(a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; and
(b) Send us written notice of the “product withdrawal” as soon as practicable; and
(c) Not release, consign, ship or distribute by any other method, any product, or like or similar
products, with an actual, suspected or threatened defect.
(3) You and any other involved insured must:
(a) Immediately send us copies of pertinent correspondence received in connection with the
"product withdrawal";
(b) Authorize us to obtain records and other information; and
(c) Cooperate with us in our investigation of the "product withdrawal".
4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section:
a. Defect" means a defect, deficiency or inadequacy that creates a dangerous condition.
b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has
caused "bodily injury" or physical injury to tangible property.
When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be
limited to those batches of "your product" which are known or suspected to have been tampered with.
c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain
"your products", from the market or from use, by any other person or organization, because of a
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known or suspected "defect" in "your product", or a known or suspected "product tampering", which
has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property.
d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below
paid and directly related to a "product withdrawal":
(1) Costs of notification;
(2) Costs of stationery, envelopes, production of announcements and postage or facsimiles;
(3) Costs of overtime paid to your regular nonsalaried employees and costs incurred by your
employees, including costs of transportation and accommodations;
(4) Costs of computer time;
(5) Costs of hiring independent contractors and other temporary employees;
(6) Costs of transportation, shipping or packaging;
(7) Costs of warehouse or storage space; or
(8) Costs of proper disposal of "your products", or products that contain "your products", that cannot
be reused, not exceeding your purchase price or your cost to produce the products; but "product
withdrawal expenses" does not include costs of the replacement, repair or redesign of "your
product", or the costs of regaining your market share, goodwill, revenue or profit.
e. “Seller” means a person or organization that manufactures, sells or distributes goods or products.
“Seller” does not include a “contractor” as defined elsewhere in this endorsement.
The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G.
COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS
1. Insuring Agreement
If you are a “contractor”, we will pay those sums that you become legally obligated to pay as damages
because of “property damage” to “your product”, “your work” or “impaired property”, due to faulty
workmanship, material or design, or products including consequential loss, to which this insurance
applies. The damages must have resulted from your negligent act, error or omission while acting in your
business capacity as a contractor or subcontractor or from a defect in material or a product sold or
installed by you while acting in this capacity. The amount we will pay for damages is described in
SECTION III LIMITS OF INSURANCE.
We have no duty to investigate or defend claims or “suits” covered by this Contractors Errors or
Omissions coverage.
This coverage applies only if the “property damage” occurs in the “coverage territory” during the policy period.
This coverage does not apply to additional insureds, if any.
Supplementary Payments – Coverage A and B do not apply to Coverage G. Contractors Errors and
Omissions.
2. Exclusions
This insurance does not apply to:
a. “Bodily injury” or "personal and advertising injury".
b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a
contract or project on time.
c. Liability because of an error or omission:
(1) In the preparation of estimates or job costs;
(2) Where cost estimates are exceeded;
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(3) In the preparation of estimates of profit or return on capital;
(4) In advising or failure to advise on financing of the work or project; or
(5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship.
d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress
or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property.
e. Any liability for damages:
(1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by
any partner, member of a limited liability company, or executive officer, or at the direction of any
of them; or
(2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different
degree or type than actually expected or intended.
f. Any liability arising out of manufacturer’s warranties or guarantees, whether express or implied.
g. Any liability arising from “property damage” to property owned by, rented or leased to the insured.
h. Any liability incurred or “property damage” which occurs, in whole or in part, before you have
completed “your work.” “Your work” will be deemed completed at the earliest of the following times:
(1) When all of the work called for in your contract or work order has been completed;
(2) When all the work to be done at the job site has been completed if your contract calls for work at
more than one job site; or
(3) When that part of the work done at a job site has been put to its intended use by any person or
organization other than another contractor or subcontractor working on the same project.
Work that may need service or maintenance, correction, repair or replacement, but which is otherwise
complete, will be treated as complete.
i. Any liability arising from “property damage” to products that are still in your physical possession.
j. Any liability arising out of the rendering of or failure to render any professional services by you or on
your behalf, but only with respect to either or both of the following operations:
(1) Providing engineering, architectural or surveying services to others; and
(2) Providing or hiring independent professionals to provide engineering, architectural or surveying
services in connection with construction work you perform.
Professional services include the preparing, approving or failing to prepare or approve, maps, shop
drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications.
Professional services also include supervisory or inspection activities performed as part of any related
architectural or engineering activities.
But, professional services do not include services within construction means, methods, techniques,
sequences and procedures employed by you in connection with construction work you perform.
k. Your loss of profit or expected profit and any liability arising therefrom.
l. “Property damage” to property other than “your product,” “your work” or “impaired property.”
m. Any liability arising from claims or “suits” where the right of action against the insured has been
relinquished or waived.
n. Any liability for ”property damage” to “your work” if the damaged work or the work out of which the
damage arises was performed on your behalf by a subcontractor.
o. Any liability arising from the substitution of a material or product for one specified on blueprints, work
orders, contracts or engineering specifications unless there has been written authorization, or unless
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the blueprints, work orders, contracts or engineering specifications were written by you, and you have
authorized the changes.
p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing.
This exclusion does not apply to liability for damages that the insured would have in the absence of
the contract or agreement.
3. For the purposes of Coverage G, the following definition is added to the Definitions section:
a. “Contractor” means a person or organization engaged in activities of building, clearing, filing,
excavating or improvement in the size, use or appearance of any structure or land. “Contractor” does
not include a “seller as defined elsewhere in this endorsement.
4. Deductible
We will not pay for loss in any one “occurrence” until the amount of loss exceeds $250. The limits of
insurance will not be reduced by the application of the deductible amount.
We may pay any part or all of the deductible amount to effect settlement of any claim or “suit”, and upon
notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as
has been paid by us.
5. Cost Factor
In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the
labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead
charges.
The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F.
COVERAGE H. LOST KEY COVERAGE
1. Insuring Agreement
We will pay those sums, subject to the limit of liability described in SECTION III LIMITS OF INSURANCE
in this endorsement and the deductible shown below, that you become legally obligated to pay as
damages caused by an “occurrence” and due to the loss or mysterious disappearance of keys entrusted
to or in the care, custody or control of you or your “employees” or anyone acting on your behalf. The
damages covered by this endorsement are limited to the:
a. Actual cost of the keys;
b. Cost to adjust locks to accept new keys; or
c. Cost of new locks, if required, including the cost of installation.
2. Exclusions
This insurance does not apply to:
a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured;
b. Any resulting loss of use; or
c. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any
insured:
1) Misappropriation;
2) Concealment;
3) Conversion;
4) Fraud; or
5) Dishonesty.
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3. Deductible
We will not pay for loss in any one “occurrence” until the amount of loss exceeds $1,000. The limits of
insurance will not be reduced by the application of the deductible amount.
We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon
notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as
has been paid by us.
SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGE A and B is amended as follows:
All references to SUPPLEMENTARY PAYMENTS – COVERAGES A and B are amended to SUPPLEMENTARY
PAYMENTS – COVERAGES A, B, D, E, G, and H.
1. Cost of Bail Bonds
Paragraph 1.b. is replaced with the following:
b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the
use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these
bonds.
2. Loss of Earnings
Paragraph 1.d. is replaced with the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense
of the claim or “suit”, including actual loss of earnings up to $350 a day because of time off from work.
SECTION II – WHO IS AN INSURED is amended as follows:
1. Incidental Malpractice
Paragraph 2.a.(1)(d) is replaced with the following:
(d) Arising out of his or her providing or failing to provide professional health care services. However, this
exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to
provide medical services, unless:
(i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray
or nursing services, treatment, advice or instruction; or
(ii) The “employee” has another insurance that would also cover claims arising under this provision,
whether the other insurance is primary, excess, contingent or on any other basis.
2. Subsidiaries
The following is added to Paragraph 2.
e. Your subsidiaries if:
(1) They are legally incorporated entities; and
(2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy.
If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of
the inception of your original policy.
3. Newly Formed or Acquired Organizations
Paragraph 3. is amended as follows:
a. Coverage under this provision is afforded until the end of the policy period.
d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that
occurred before you acquired or formed the organization.
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SECTION III – LIMITS OF INSURANCE is amended as follows:
1. Paragraph 2. is replaced with the following:
2. The General Aggregate Limit is the most we will pay for the sum of:
a. Medical expenses under Coverage C:
b. Damages under Coverage A, except damages because of “bodily injury” or “property damage”
included in the “products-completed operations hazard”;
c. Damages under Coverage B;
d. Voluntary “property damage” payments under Coverage D;
e. Care, Custody or Control damages under Coverage E. and
f. Lost Key Coverage under Coverage H.
2. Paragraph 5. is replaced with the following:
5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will
pay for the sum of:
a. Damages under Coverage A;
b. Medical expenses under Coverage C;
c. Voluntary “property damage” payments under Coverage D;
d. Care, Custody or Control damages under Coverage E;
e. Limited Product Withdrawal Expense under Coverage F;
f. Contractors Errors and Omissions under Coverage G; and
g. Lost Key Coverage under Coverage H.
because of all “bodily injury” and “property damage” arising out of any one “occurrence”.
3. Paragraph 6. is replaced with the following:
6. Subject to Paragraph 5. above, the higher of $300,000 or the Damage To Premises Rented To You Limit
shown in the Declarations is the most we will pay under Coverage A for damages because of “property
damage” to any one premises, while rented to you, or in the case of damage by fire or explosion, while
rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire or
explosion.
4. Paragraph 7. is replaced with the following:
7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the
Declarations is the most we will pay under Coverage C for all medical expenses because of “bodily injury”
sustained by any one person.
5. Paragraph 8. is added as follows:
8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for
loss arising out of any one “occurrence” is $1,500. The most we will pay in any one-policy period,
regardless of the number of claims made or suits brought, is $3,000.
6. Paragraph 9. is added as follows:
9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for
“property damage” arising out of any one “occurrence” is $1,000. The most we will pay in any one-policy
period, regardless of the number of claims made or suits brought, is $5,000.
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7. Paragraph 10. is added as follows:
10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal
Expense for “product withdrawal expenses” in any one-policy period, regardless of the number of
insureds, “product withdrawals” initiated or number of “your products” withdrawn is $10,000.
8. Paragraph 11. is added as follows:
11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and
Omissions for damage in any one-policy period, regardless of the number of insureds, claims or “suits”
brought, or persons or organizations making claim or bringing “suits” is $10,000.
For errors in contract or job specifications or in recommendations of products or materials to be used, this
policy will not pay for additional costs of products and materials to be used that would not have been
incurred had the correct recommendations or specifications been made.
9. Paragraph 12. is added as follows:
12. Subject to Paragraph 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages
arising out of any one loss is $50,000.
10. Paragraph 13. is added as follows:
13. The General Aggregate Limit applies separately to:
a. Each of your projects away from premises owned by or rented to you; or
b. Each “location” owned by or rented to you.
“Location” as used in this paragraph means premises involving the same or connecting lots, or premises
whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the
following:
a. You must see to it that we are notified as soon as practicable of an “occurrence” or an offense which may
result in a claim. This requirement applies only when the “occurrence” or offense is known to the following:
(1) An individual who is the sole owner;
(2) A partner, if you are a partnership or joint venture;
(3) An “executive officer” or insurance manager, if you are a corporation;
(4) A manager, if you are a limited liability company;
(5) A person or organization having proper temporary custody of your property if you die;
(6) The legal representative of you if you die; or
(7) A person (other than an “employee”) or an organization while acting as your real estate manager.
To the extent possible, notice should include:
(1) How, when and where the “occurrence” or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the “occurrence” or offense.
2. The following is added to Subparagraph 2. b. of Duties In The Event Of Occurrence, Offense, Claim, or
Suit:
The requirement in 2.b. applies only when the “occurrence” or offense is known to the following:
(1) An individual who is the sole owner;
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(2) A partner or insurance manager, if you are a partnership or joint venture;
(3) An “executive officer” or insurance manager, if you are a corporation;
(4) A manager or insurance manager, if you are a limited liability company;
(5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization;
(6) A person or organization having proper temporary custody of your property if you die;
(7) The legal representative of you if you die; or
(8) A person (other than an “employee”) or an organization while acting as your real estate manager.
3. The following is added to paragraph 2. Of Duties in the Event of Occurrence, Offense, Claim or Suit:
e. If you report an “occurrence” to your workers compensation carrier that develops into a liability claim for
which coverage is provided by the Coverage Form, failure to report such an “occurrence” to us at the time
of the “occurrence” shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall
give written notice of this “occurrence” to us as soon as you become aware that this “occurrence” may be
a liability claim rather than, or in addition to, a workers’ compensation claim.
4. Paragraph 6. is replaced with the following:
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us; and
c. We have issued this policy in reliance upon your representations.
Any error or omission in the description of, or failure to completely describe or disclose any premises,
operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage
for those premises, operations or products, provided such error or omission or failure to completely
describe or disclose premises, operations or products was not intentional.
You must report such error or omission to us as soon as practicable after its discovery. However, this
provision does not affect our right to collect additional premium charges or exercise our right of
cancellation or nonrenewal.
5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us:
However, we waive any right of recovery we may have because of payments we make for injury or
damage arising out of your ongoing operations or “your work” included in the “products-completed
operations hazard” under the following conditions:
a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement;
b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery;
and
c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you
prior to the loss.
6. Paragraph 10. is added as follows:
10. Liberalization
If we revise this Coverage Form to provide more coverage without additional premium charge, your
policy will automatically provide the additional coverage as of the day the revision is effective in the
applicable state(s).
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