Casey Tree COI 1-5

AID 1602897 · View on Simbli

Agenda Item

v. Tree Cutting and Trimming Services, ITB No. 21752-010 Renewal Approval – Year 3 of 4 (Casey Tree Experts, Richmond Tree Experts and Total Outdoor, LLC for an additional year (Not to exceed $1,500,000)

Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the Board of Education approve the renewal of ITB 21-752-010 for tree cutting and trimming services district-wide to Casey Tree Experts, Richmond Tree Experts, and Total Outdoor, LLC for an additional year, March 1, 2024 - February 28, 2025, in the amount not to exceed $1,500,000.
Why: This request is a contract renewal for Casey Tree Experts, Richmond Tree Experts, and Total Outdoor, LLC, to provide tree-cutting and trimming services at various locations throughout the district on an as-needed basis in a timely and cost-effective manner. This request extends the agreement for another year through February 28, 2025.
Details: On January 11, 2021, the Board of Education approved Casey Tree Experts, Richmond Tree Experts, Inc., and Total Outdoor, LLC as the most responsive and responsible offeror for tree cutting and trimming services. The request extends the agreement for Casey Tree Experts, Richmond Tree Experts, and Total Outdoor, LLC for an additional year, March 1, 2024 - February 28, 2025.

This recommendation is the third year of the four one-year (1-year) contract renewal options.
Financial impact: The total contract amount for these services in the amount not to exceed $1,500,000 will be allocated from the General Fund Budget, Deferred Maintenance, (100.2600.543013.00011.7520.9990.8013.040.0000)
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1475

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                                                                                     05/09/2023
  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).
                                                                                  CONTACT
PRODUCER
                                                                                  NAME:         Teresa Beckett
                                                                                  PHONE                                             FAX
 CGM INSURANCE AGENCY, INC.                                                       (A/C, No, Ext): (678) 674-4229                    (A/C, No): (888) 491-3723
                                                                                  E-MAIL
 1201 W Peachtree ST NW                                                           ADDRESS: tbeckett@cgmins.com
 STE 2300                                                                                             INSURER(S) AFFORDING COVERAGE                      NAIC #
 Atlanta                                                      GA 30309-3453 INSURER A : GREENWICH INS CO                                                22322
INSURED                                                                           INSURER B : XL INS AMER INC                                           24554
                Casey Tree Experts, Inc                                           INSURER C : CAPITOL SPECIALTY INS CORP                                10328
                4135 Arcadia Industrial Cir SW                                    INSURER D :

                                                                                            INSURER E :
                  Lilburn                                             GA 30047-2906         INSURER F :
COVERAGES                                   CERTIFICATE NUMBER:                                                                 REVISION NUMBER:
  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
  INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
  CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
  EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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
                CLAIMS-MADE        OCCUR                                                                                          PREMISES (Ea occurrence)      $   100,000
                                                                                                                                  MED EXP (Any one person)      $   5,000
 A                                                 x          NPC-1003621-03                        05/05/2023 05/05/2024         PERSONAL & ADV INJURY         $   1,000,000
       GEN'L AGGREGATE LIMIT APPLIES PER:                                                                                         GENERAL AGGREGATE             $   2,000,000
                      PRO-
           POLICY     JECT          LOC                                                                                           PRODUCTS - COMP/OP AGG        $   2,000,000
           OTHER:                                                                                                                                               $
                                                                                                                                  COMBINED SINGLE LIMIT
       AUTOMOBILE LIABILITY
                                                                                                                                  (Ea accident)                 $   1,000,000
           ANY AUTO                                                                                                               BODILY INJURY (Per person)    $
           OWNED                SCHEDULED
 B         AUTOS ONLY           AUTOS                         NBA-1003622-0                         05/05/2023 05/05/2024         BODILY INJURY (Per accident) $
           HIRED                NON-OWNED                                                                                         PROPERTY DAMAGE               $
           AUTOS ONLY           AUTOS ONLY                                                                                        (Per accident)
                                                                                                                                                                $
           UMBRELLA LIAB           OCCUR                                                                                          EACH OCCURRENCE               $   5,000,000
 A         EXCESS LIAB             CLAIMS-MADE                NEC-6006124-03                        05/05/2023 05/05/2024         AGGREGATE                     $   5,000,000
              DED          RETENTION $                                                                                            PR/COMP OPS AGG               $   5,000,000
       WORKERS COMPENSATION                                                                                                            PER             OTH-
       AND EMPLOYERS' LIABILITY                                                                                                        STATUTE         ER
                                        Y/N
       ANY PROPRIETOR/PARTNER/EXECUTIVE                                                                                           E.L. EACH ACCIDENT            $
       OFFICER/MEMBER EXCLUDED?                   N/A
       (Mandatory in NH)                                                                                                          E.L. DISEASE - EA EMPLOYEE $
       If yes, describe under
       DESCRIPTION OF OPERATIONS below                                                                                            E.L. DISEASE - POLICY LIMIT   $

        Pollution Liability                                                                                                        Each Pollution Incident          $1,000,000
 C                                                            EV20210176-03                         02/28/2023 02/28/2024          Pollution Accregate              $2,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
 PRoject Name: IRB 16-752-026 Tree Cutting and Trimming Services
 Certificate holder is named as Additional Insured




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.
                  Dekalb County School District and
                  The Dekalb County Board Of Education                                      AUTHORIZED REPRESENTATIVE
                  1780 Montreal Rd
                  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: Q-40096                                                       COMMERCIAL GENERAL LIABILITY
                                                                                            CG 20 10 12 19

      THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

         ADDITIONAL INSURED – OWNERS, LESSEES OR
          CONTRACTORS – SCHEDULED PERSON OR
                       ORGANIZATION
This endorsement modifies insurance provided under the following:

   COMMERCIAL GENERAL LIABILITY COVERAGE PART

                                                       SCHEDULE

         Name Of Additional Insured Person(s)
                 Or Organization(s)                                  Location(s) Of Covered Operations




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               B. With respect to the insurance afforded to these
   include as an additional insured the person(s) or             additional insureds, the following additional
   organization(s) shown in the Schedule, but only               exclusions apply:
   with respect to liability for "bodily injury", "property      This insurance does not apply to "bodily injury" or
   damage" or "personal and advertising injury"                  "property damage" occurring after:
   caused, in whole or in part, by:                               1. All work, including materials, parts or
   1. Your acts or omissions; or                                     equipment furnished in connection with such
   2. The acts or omissions of those acting on your                  work, on the project (other than service,
      behalf;                                                        maintenance or repairs) to be performed by or
                                                                     on behalf of the additional insured(s) at the
   in the performance of your ongoing operations for                 location of the covered operations has been
   the additional insured(s) at the location(s)                      completed; or
   designated above.
                                                                  2. That portion of "your work" out of which the
   However:                                                          injury or damage arises has been put to its
   1. The insurance afforded to such additional                      intended use by any person or organization
      insured only applies to the extent permitted by                other than another contractor or subcontractor
      law; and                                                       engaged in performing operations for a
   2. If coverage provided to the additional insured is              principal as a part of the same project.
      required by a contract or agreement, the
      insurance afforded to such additional insured
      will not be broader than that which you are
      required by the contract or agreement to
      provide for such additional insured.




CG 20 10 12 19                          © Insurance Services Office, Inc., 2018                    Page 1 of 2
C. With respect to the insurance afforded to these            2. Available under   the   applicable   limits    of
   additional insureds, the following is added to                insurance;
   Section III – Limits Of Insurance:                         whichever is less.
   If coverage provided to the additional insured is          This endorsement shall not        increase       the
   required by a contract or agreement, the most we           applicable limits of insurance.
   will pay on behalf of the additional insured is the
   amount of insurance:
   1. Required by the contract or agreement; or




Page 2 of 2                          © Insurance Services Office, Inc., 2018               CG 20 10 12 19
POLICY NUMBER:        Q-40096                                              COMMERCIAL GENERAL LIABILITY
                                                                                          CG 20 37 12 19

      THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

         ADDITIONAL INSURED – OWNERS, LESSEES OR
          CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

   COMMERCIAL GENERAL LIABILITY COVERAGE PART
   PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

                                                   SCHEDULE

        Name Of Additional Insured Person(s)
                Or Organization(s)                        Location And Description Of Completed Operations




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             B. With respect to the insurance afforded to these
   include as an additional insured the person(s) or           additional insureds, the following is added to
   organization(s) shown in the Schedule, but only             Section III – Limits Of Insurance:
   with respect to liability for "bodily injury" or            If coverage provided to the additional insured is
   "property damage" caused, in whole or in part, by           required by a contract or agreement, the most we
   "your work" at the location designated and                  will pay on behalf of the additional insured is the
   described in the Schedule of this endorsement               amount of insurance:
   performed for that additional insured and included          1. Required by the contract or agreement; or
   in the "products-completed operations hazard".
                                                               2. Available under the applicable limits of
   However:                                                        insurance;
   1. The insurance afforded to such additional                whichever is less.
       insured only applies to the extent permitted by
       law; and                                                This endorsement shall not increase the
                                                               applicable limits of insurance.
   2. If coverage provided to the additional insured is
       required by a contract or agreement, the
       insurance afforded to such additional insured
       will not be broader than that which you are
       required by the contract or agreement to
       provide for such additional insured.




CG 20 37 12 19                        © Insurance Services Office, Inc., 2018                        Page 1 of 1
POLICY NUMBER:                                                                                              XIC 421 1013


                "   "

                           ! !


This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM


COVERAGE DESCRIPTION

     '.103#3:6$45+565' 650*:4+%#-#.#)'
       *04 //463'&
            30#&03./463'&
            .1-0:''4 4/463'&4
               &&+5+0/#-/463'&:0/53#%5 )3''.'/503'3.+5
             .1-0:''+3'& 6504
    611-'.'/5#3:#:.'/54
      .'/&'&'--08.1-0:''9%-64+0/
    *:4+%#-#.#)'07'3#)'
            '/5#-'+.$634'.'/5
            953#91'/4'<30#&'/'&07'3#)'
             '340/#-(('%5407'3#)'
             '#4'#1
             -#44'1#+3< #+7'3('&6%5+$-'
    *:4+%#-#.#)'07'3#)'95'/4+0/4
              &&+5+0/#-3#/41035#5+0/91'/4'
            +3'& 650*:4+%#-#.#)'
    64+/'44 6500/&+5+0/4
            05+%'(%%633'/%'
              #+7'3(6$30)#5+0/
             /+/5'/5+0/#-#+-63'0+4%-04'#;#3&4
             3+.#3:/463#/%'
    0&+-:/,63:'&'(+/'&
    95'/&'&#/%'--#5+0/0/&+5+0/




XIC 421 1013                     © 2013 X.L. America, Inc. All Rights Reserved.                             Page 1 of 6
                                      May not be copied without permission.
                   Includes copyrighted material of Insurance Services Office, Inc., with its permission.
     '.103#3:6$45+565' 650*:4+%#-#.#)'

         <  ,  '35#+/ 3#+-'34 0$+-' 26+1.'/5 /& '.103#3: 6$45+565'
        6504 is changed by adding the following:

       If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also
       covered “autos” for Physical Damage coverage:

               Any “auto” you do not own while used with the permission of its owner as a temporary substitute for
                 a covered “auto” you own that is out of service because of its:

                 #       Breakdown;

                 $       Repair;

                 %       Servicing;

                 &       “Loss”; or

                 '       Destruction.

          *04 //463'&

         <    "    07'3#)'                             *0 4 / /463'& is
       changed by adding the following:

              30#&03./463'&

                 For any covered “auto”, any subsidiary, affiliate or organization, other than a partnership or joint
                 venture, as may now exist or hereafter be constituted over which you assume active management
                 or maintain ownership or majority interest, provided that you notify us within ninety (90) days from
                 the date that any such subsidiary or affiliate is acquired or formed and that there is no similar
                 insurance available to that organization. However, coverage does not apply to “bodily injury” or
                 “property damage” that occurred before you acquired or formed the organization.

              .1-0:''4 4/463'&4

                 Any “employee” of yours is an “insured” while using a covered “auto” you don’t own, hire or borrow,
                 in your business or your personal affairs.

                &&+5+0/#-/463'&:0/53#%5 )3''.'/53'3.+5

                 Any person or organization with whom you have agreed in writing in a contract, agreement or
                 permit, to provide insurance such as is provided under this policy, provided that the “bodily injury”
                 or “property damage” occurs subsequent to the execution of the written contract, agreement or
                 permit.

               .1-0:''+3'& 6504

                 An “employee” of yours is an “insured” while operating an “auto” hired or rented under a contract or
                 agreement in that “employee’s” name, with your permission, while performing duties related to the
                 conduct of your business.




XIC 421 1013                        © 2013 X.L. America, Inc. All Rights Reserved.                             Page 2 of 6
                                         May not be copied without permission.
                      Includes copyrighted material of Insurance Services Office, Inc., with its permission.
               < '/'3#-0/&+5+0/4 5*'3/463#/%'$
               is replaced with the following:

               $       For Hired Auto Physical Damage Coverage, the following are deemed to be covered
                        “autos” you own:

                               Any covered “auto” you lease, hire, rent or borrow; and

                               Any covered “auto” hired or rented by your “employee” under a contract in that
                                  individual “employee’s” name, with your permission, while performing duties
                                  related to the conduct of your business.

                        However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered
                        “auto”.

    611-'.'/5#3:#:.'/54

         <    "    07'3#)'  07'3#)' 95'/4+0/4 #
       611-'.'/5#3:#:.'/54 is changed as follows:

       Item  is deleted and replaced by the following:

            Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required
               because of an "accident" we cover. We do not have to furnish these bonds.

       Item   is deleted and replaced by the following:

             All reasonable expenses incurred by the “insured” at our request, including actual loss of earnings
               up to $500 a day because of time off from work.

     .'/&'&'--08.1-0:''9%-64+0/

       <  " 9%-64+0/4 '--08.1-0:'' does not
       apply.

       The insurance provided under this Provision  is excess over any other collectible insurance.

    *:4+%#-#.#)'07'3#)'

       <"     07'3#)' is changed by adding the following:

            '/5#-'+.$634'.'/5

               #       We will pay for rental reimbursement expenses incurred by you for the rental of an “auto”
                        because of “loss” to a covered “auto”. Payment applies in addition to the otherwise
                        applicable amount of each coverage you have on a covered “auto”. No deductibles apply
                        to this coverage.

               $       We will pay only for those expenses incurred during the policy period beginning twenty-four
                        (24) hours after the “loss” and ending, regardless of the policy’s expiration, with the lesser
                        of the following number of days:




XIC 421 1013                      © 2013 X.L. America, Inc. All Rights Reserved.                             Page 3 of 6
                                       May not be copied without permission.
                    Includes copyrighted material of Insurance Services Office, Inc., with its permission.
                               The number of days reasonably required to repair or replace the covered “auto”. If
                                  “loss” is caused by theft, this number of days is added to the number of days it
                                  takes to locate the covered “auto” and return it to you.

                               Thirty (30) days.

               %       Our payment is limited to the lesser of the following amounts:

                               Necessary and actual expenses incurred.

                               $50 any one day per private passenger “auto”;
                                  $100 any one day per truck;
                                  $1,500 any one period per private passenger “auto”;
                                  $3,000 any one period per truck; or
                                  Higher limits if shown elsewhere in this policy.

               &       This coverage does not apply while there are spare or reserve “autos” available to you for
                        your operations.

               '       If “loss” results from the total theft of a covered “auto” of the private passenger type, we will
                        pay under this coverage only that amount of your rental reimbursement expenses which is
                        not already provided for under the Physical Damage Coverage Extension.

            953#91'/4'<30#&'/'&07'3#)'

               We will pay for the expense of returning a stolen covered “auto” to you.

             '340/#-(('%5407'3#)'

               If you have purchased Comprehensive Coverage on this policy for an “auto” you own and that
               “auto” is stolen, we will pay, without application of a deductible, up to $500 for “personal effects”
               stolen from the “auto”.

               As used in this endorsement, “personal effects” means tangible property that is worn or carried by
               an “insured”. “Personal effects” does not include tools, jewelry, money or securities.

             '#4'#1

               In the event of a total “loss” to a covered “auto” shown in the Declarations, we will pay any unpaid
               amount due on the lease or loan for a covered “auto”, less:

               #       The amount paid under the Physical Damage Coverage Section of the policy; and

               $       Any:

                               Overdue lease/loan payments at the time of the “loss”;

                               Financial penalties imposed under a lease for excessive use, abnormal wear and
                                  tear or high mileage;

                                Security deposits not returned by the lessor;

                                Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability
                                  Insurance purchases with the loan or lease; and

                                Carry-over balances from previous loans or leases.


XIC 421 1013                      © 2013 X.L. America, Inc. All Rights Reserved.                             Page 4 of 6
                                       May not be copied without permission.
                    Includes copyrighted material of Insurance Services Office, Inc., with its permission.
             -#44'1#+3< #+7'3('&6%5+$-'

               No deductible applies to glass damage if the glass is repaired rather than replaced.

    *:4+%#-#.#)'07'3#)'95'/4+0/4

       <"     07'3#)' 07'3#)'95'/4+0/4 is amended by
       the following:

             &&+5+0/#-3#/41035#5+0/91'/4'

               '%5+0/4 # and$ are amended to provide a limit of $50 per day and a maximum limit of $1,000.

            +3'& 650*:4+%#-#.#)'

               The following section is added:

               Any “auto” you lease, hire, rent or borrow is deemed to be a covered “auto” for physical damage
               coverage. The most we will pay for each covered “auto” is the lesser of:

                      the actual cash value;

                      the cost for repair or replacement; or

                       $50,000, or higher limit if shown on the Declarations for Hired Auto Physical Damage
                         Coverage.

               For each covered “auto” a deductible of $100 for Comprehensive Coverage and $1,000 for
               Collision Coverage will apply.

    64+/'44 6500/&+5+0/4

       <  0440/&+5+0/4 is changed by the following:

            05+%'(%%633'/%'

               '%5+0/<65+'4/*'7'/5( %%+&'/5-#+.6+53044# is changed by adding the
               following:

               If you report an injury to an “employee” to your workers’ compensation carrier and if it is
               subsequently determined that the injury is one to which this insurance may apply, any failure to
               comply with this condition will be waived if you provide us with the required notice as soon
               thereafter as practicable after you know or reasonably should have known that this insurance may
               apply.

              #+7'3(6$30)#5+0/

               '%5+0/  3#/4('3 ( +)*54 ( '%07'3: )#+/45 5*'34 0 4 is changed by adding the
               following:

               However, this Condition does not apply to any person(s) or organization(s) with whom you have a
               written contract, but only to the extent that subrogation is waived prior to the “accident” or the “loss”
               under such contract with that person or organization.




XIC 421 1013                       © 2013 X.L. America, Inc. All Rights Reserved.                             Page 5 of 6
                                        May not be copied without permission.
                     Includes copyrighted material of Insurance Services Office, Inc., with its permission.
        < '/'3#-0/&+5+0/4 is changed by the following:

              /+/5'/5+0/#-#+-63'0+4%-04'#;#3&4

                The following condition is added:

                Your unintentional failure to disclose all hazards as of the inception date of the policy shall not
                prejudice any insured with respect to the coverage afforded by this policy.

              3+.#3:/463#/%'

                0/&+5+0/ 5*'3/463#/%' is changed by adding the following:

                For any covered “auto” this insurance shall apply as primary and not contribute with any other
                insurance where such requirement is agreed in a written contract executed prior to a “loss”.

     0&+-:/,63:'&'(+/'&

        < “Bodily injury” is replaced by the following:

        “Bodily injury” means bodily injury, sickness or disease sustained by a person including mental anguish,
        mental injury, shock, fright or death resulting from any of these at any time.

     95'/&'&#/%'--#5+0/0/&+5+0/

        "03.  #/%'--#5+0/$ is replaced by the following:

        The greater of sixty (60) days or the time required by any applicable state amendatory endorsement before
        the effective date of cancellation if we cancel for any other reason.



All other terms and conditions of this policy remain unchanged.




XIC 421 1013                      © 2013 X.L. America, Inc. All Rights Reserved.                             Page 6 of 6
                                       May not be copied without permission.
                    Includes copyrighted material of Insurance Services Office, Inc., with its permission.
                                                                             &200(5&,$/*(1(5$//,$%,/,7<
                                                                                            &*

      7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//<

                     35,0$5<$1'121&2175,%8725<±
                       27+(5,1685$1&(&21',7,21

7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGXQGHUWKHIROORZLQJ
   
   &200(5&,$/*(1(5$//,$%,/,7<&29(5$*(3$57
   /,4825/,$%,/,7<&29(5$*(3$57
   352'8&76&203/(7('23(5$7,216/,$%,/,7<&29(5$*(3$57

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                                                                         DGGLWLRQDOLQVXUHG
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           XQGHUVXFKRWKHULQVXUDQFHDQG




&*                         ‹,QVXUDQFH6HUYLFHV2IILFH,QF                          3DJHRI     

                                            ENDORSEMENT #

This endorsement, effective 12:01 a.m.                                             , forms a part of

Policy No.                            issued to

by

  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

                                         XL Plus Endorsement

This endorsement modifies insurance provided under the following:

         COMMERCIAL GENERAL LIABILITY COVERAGE PART

GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The
following listing is a general coverage description only. Limitations and exclusions may apply
to these coverages. Read this endorsement carefully to determine rights, duties, and what is
and is not covered.
A. Reasonable Force – Bodily Injury or Property Damage
B. Damage To Premises Rented To You Extension
     ●   Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion,
         vandalism, leakage from fire extinguishing equipment or water damage
     ●   Limit increased to $300,000
C. Aircraft Chartered with Crew
D. Non-Owned Watercraft
E. Personal and Advertising Injury – Assumed by Insured Contract
F. Increased Supplementary Payments
     ●   Cost for bail bonds increased to $5,000
     ●   Loss of earnings increased to $1,000 per day
G. Broadened Named Insured
H. Blanket Additional Insured – Managers or Lessors of Premises
I. Blanket Additional Insured – Lessor of Leased Equipment
J. Injury to Co-Employees and Co-Volunteer Workers
K. Knowledge and Notice of Occurrence or Offense
L. Unintentional Omission
M. Liberalization
N. Blanket Waiver of Subrogation
O. Incidental Medical Malpractice Injury
P. Extension of Coverage – Bodily Injury
Q. Coverage Territory
Form XIL 436 1208                               © 2008, XL America, Inc.                                Page 1 of 8
               Includes copyrighted material of Insurance Services Office, Inc., with its permission.
A. REASONABLE FORCE – BODILY INJURY OR PROPERTY DAMAGE
   Exclusion a. Expected Or Intended Injury of Part 2., Exclusions of Coverage A. Bodily Injury
   And Property Damage Liability of Section I – Coverages is deleted in its entirety and replaced
   by the following:

   [This insurance does not apply to:)

   Expected or Intended Injury or Damage
   “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.


B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION
   1. The last paragraph of 2. Exclusions of Coverage A. Bodily Injury And Property Damage
      Liability of Section I - Coverages is deleted in its entirety and replaced by the following:
       Exclusions c. through n. do not apply to damages to premises while rented to you, or
       temporarily occupied by you with permission of the owner, caused by fire, lightning,
       explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire
       extinguishing equipment or water damage. A separate limit of insurance applies to this
       coverage as described in Section III- Limits of Insurance.
   2. This insurance does not apply to damage to premises while rented to you, or temporarily
       occupied by you with permission of the owner, caused by:
       a. Rupture, bursting, or operation of pressure relief devices;
       b. Rupture or bursting due to expansion or swelling of the contents of any building or
          structure, caused by or resulting from water; or
       c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines.
   3. Paragraph 6. of Section III- Limits of Insurance is deleted in its entirety and replaced by the
      following:
       6.a. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the
            most we will pay under Coverage A for damages because of “property damage” to any
            one premises while rented to you, or temporarily occupied by you with permission of
            the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil
            commotion, vandalism, leakage from fire extinguishing equipment or water damage.
            The Damage To Premises Rented To You Limit will apply to all damage proximately
            caused by the same “occurrence”, whether such damage results from fire, explosion,
            lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from
            fire extinguishing equipment or water damage or any combination of any of these.
       b. The Damage to Premises Rented to You Limit will be the higher of:
           (1) $300,000; or
           (2) The amount shown on the Declarations for Damage to Premises Rented to You
               Limit.




Form XIL 436 1208                               © 2008, XL America, Inc.                                Page 2 of 8
               Includes copyrighted material of Insurance Services Office, Inc., with its permission.
   4. Paragraph 9.a. of the definition of “insured contract” under Section V- Definitions, is deleted
      in its entirety and replaced by the following:
       [“Insured contract” means:]
       a. A contract for a lease of premises. However, that portion of the contract for a lease of
          premises that indemnifies any person or organization for damage by fire, lightning,
          explosion, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from
          fire extinguishing equipment or water damage to premises while rented to you, or
          temporarily occupied by you with the permission of the owner is not an “insured
          contract”.
   5. This Article B. does not apply if coverage for Damage to Premises Rented to You of
      Coverage A. Bodily Injury And Property Damage Liability of Section I – Coverages is
      excluded by endorsement.


C. AIRCRAFT CHARTERED WITH CREW
   1. The following is added to the exceptions contained in Exclusion g., Aircraft, Auto or
      Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage of
      Section I – Coverages:
       [This exclusion does not apply to:)
       Aircraft chartered with crew to any insured.
   2. This Article C. does not apply if the chartered aircraft is owned by any insured.
   3. The insurance provided by this Article C. shall be excess over any valid and collectible
      insurance available to the insured, whether primary, excess, contingent or on any other
      basis, except for insurance purchased specifically by you to be excess of this policy.


D. NON-OWNED WATERCRAFT
   1. The exception contained in Subparagraph (2) of Exclusion g. Aircraft. Auto or Watercraft
      in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of
      Section I – Coverages is deleted in its entirety and replaced by the following:
       (2) A watercraft you do not own that is:
           (a) 50 feet long or less; and
           (b) Not being used to carry persons or property for a charge;
   2. This Article D. applies to any person who, with your expressed or implied consent, either
      uses or is responsible for the use of the watercraft.
   3. This insurance provided by this Article D. shall be excess over any other valid and
      collectible insurance available to the insured, whether primary, excess, contingent or on
      any other basis, except for insurance purchased specifically by you to be excess of this
      policy.


E. PERSONAL AND ADVERTISING INJURY – ASSUMED BY INSURED CONTRACT
   1. Exclusion e. Contractual Liability in Part 2., Exclusions of Coverage B. Personal And
      Advertising Injury Liability of Section I – Coverages is deleted in its entirety and replaced
      by the following:




Form XIL 436 1208                               © 2008, XL America, Inc.                                Page 3 of 8
               Includes copyrighted material of Insurance Services Office, Inc., with its permission.
    [This insurance does not apply to:)

        e. Contractual Liability
        “Personal and Advertising Injury” for which the insured has assumed liability in a contract
        or agreement. This exclusion does not apply to liability for damages:
        1. That the insured would have in the absence of the contract or agreement; or
        2. Assumed in a written contract or agreement that is an “insured contract”; provided the
           “personal and advertising injury” is caused by an offense which occurs subsequent to
           the execution of the contract or agreement.
2. Subparagraph f. of the definition of “insured contract” Section V.- Definitions is deleted in its
   entirety and replaced by the following:
        f.   That part of any other contract or agreement pertaining to your business, including an
             indemnification of a municipality in connection for work performed for a municipality,
             under which you assume the tort liability of anther party to pay for “bodily injury”,
             “property damage” or “personal and advertising injury” to a third party or organization.
             Tort liability means a liability that would be imposed by law in the absence of any
             contract or agreement.
    2. This Article E. does not apply if Coverage B. Personal And Advertising Injury Liability is
       excluded by endorsement.


F. INCREASED SUPPLEMENTARY PAYMENTS
    Subparagraphs 1. b. and d. of Supplementary Payments – Coverages A And B of Section I -
    Coverages are amended as follows:
    1. In Subparagraph b., the amount we will pay for the cost of bail bonds is increased up to
        $5,000.
    2. In Subparagraph d., the amount we will pay for a loss of earnings is increased up to
        $1,000 a day.


G. BROADENED NAMED INSURED
    1. The Named Insured in Item 1. of the Declarations is as follows:
        The person or organizations named in Item 1. of the Declarations and any organization,
        other than a partnership or joint venture, over which you maintain ownership or majority
        interest on the effective date of the policy. However, coverage for any such organization
        will cease as of the date that you no longer maintain ownership of, or majority interest in,
        such organization.
    2. This Article G. does not apply to any person or organization for which coverage is excluded
        by endorsement.




Form XIL 436 1208                                © 2008, XL America, Inc.                                Page 4 of 8
                Includes copyrighted material of Insurance Services Office, Inc., with its permission.
H. BLANKET ADDITIONAL INSURED – MANAGERS OR LESSORS OF PREMISES
     1. Section II-Who Is An Insured is amended to include as an insured any person or
        organization with whom you have agreed in a written contract executed prior to loss (an
        “additional insured”), but only with respect to liability arising out of the ownership,
        maintenance or use of that part of any premises leased to you, subject to the following
        provisions:
         a. Limits of Insurance. The Limits of Insurance afforded to the “additional insured” shall
            be the limits you agreed to provide, or the limits shown on the Declarations, whichever
            is less.
         b. The insurance afforded to the “additional insured” does not apply to:
             (1) Any “occurrence” that takes place after you cease to be a tenant in that premises;
             (2) Any premises for which coverage is excluded by endorsement; or
             (3) Structural alterations, new construction or demolition operations performed by or
                 on behalf of such “additional insured”.
     2. The insurance afforded to the “additional insured” is excess over any valid and collectible
        insurance available to such “additional insured”, unless you have agreed in a written
        contract for this insurance to apply on a primary or contributory basis.


I.   BLANKET ADDITIONAL INSURED – LESSOR OF LEASED EQUIPMENT
     1. Section II-Who Is An Insured is amended to include an “additional insured” (as defined in
        Article H. above), but only with respect to their liability arising out of maintenance, operation
        or use by you of equipment leased to you by such “additional insured”, subject to the
        following provisions:
         a. Limits of Insurance. The Limits of Insurance afforded to the “additional insured” shall
            be the limits which you agreed to provide, or the limits shown on the Declarations,
            whichever is less.
         b. The insurance afforded to the “additional insured” does not apply to:
             (1) Any “occurrence” that takes place after the equipment lease expires; or
             (2) “Bodily injury” or “property damage” arising out of the sole negligence of such
                 additional insured.
     2. The insurance provided to the “additional insured” is excess over any valid and collectible
        insurance available to such “additional insured”, unless you have a written contract for this
        insurance to apply on a primary or contributory basis.


J. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS
     1. Section II- Who Is An Insured is amended to include your “employees” as insureds with
        respect to “bodily injury” to a co-“employee" in the course of the co-”employee’s”
        employment by you, or to your “volunteer workers” while performing duties related to the
        conduct of your business, provided that this coverage for your “employees” does not
        apply to acts outside the scope of their employment by you or while performing duties
        unrelated to the conduct of your business.




Form XIL 436 1208                                 © 2008, XL America, Inc.                                Page 5 of 8
                 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
   2. Section II – Who Is An Insured is amended to include your “volunteer workers” as
      insureds with respect to “bodily injury” to a co-“volunteer worker” while performing duties
      related to the conduct of your business, or to your “employees” employment by you,
      provided that this coverage for your “volunteer workers” does not apply while performing
      duties unrelated to the conduct of your business.


K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE
   The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or
   Suit of the Section IV - Commercial General Liability Conditions:
   Notice of an “occurrence” or of an offense which may result in a claim under this insurance
   shall be given as soon as practicable after knowledge of the “occurrence” or offense has
   been reported to any insured listed under Paragraph 1. of Section II-Who Is An Insured or
   any “employee” (such as insurance, loss control, risk manager or administrator) designated
   by you to give such notice.

   Knowledge of any other “employee(s)” of an “occurrence” or of an offense does not imply that
   you also have such knowledge.
   Notice shall be deemed prompt if given in good faith as soon as practicable to your workers
   compensation insurer. This applies only if you subsequently give notice to us as soon as
   practicable after any insured listed under Paragraph 1. of Section II – Who Is An Insured or
   an “employee” (such as an insurance, loss control, or risk manager or administrator)
   designated by you to give such notice discovers that the “occurrence”, offense or claim may
   involve this policy.


L. UNINTENTIONAL OMISSION

   The following is added to Paragraph 6., Representations, of Section IV- Commercial General
   Liability Conditions:
   The unintentional omission of, or unintentional error in, any information provided by you shall
   not prejudice your rights under this insurance. However, this Article L. does not affect our
   right to collect additional premium or to exercise our right of cancellation or nonrenewal in
   accordance with applicable state insurance laws or regulations.


M. LIBERALIZATION
   The following is added to Section IV-Commercial General Liability Conditions:
   Liberalization
   After the issuance of this policy, if we adopt a change in our forms or rules which would
   broaden the coverage provided by any form that is a part of this policy without a premium
   charge, the broader coverage will apply to this policy. This extension is effective upon the
   approval of such broader coverage in your state.




Form XIL 436 1208                               © 2008, XL America, Inc.                                Page 6 of 8
               Includes copyrighted material of Insurance Services Office, Inc., with its permission.
N. BLANKET WAIVER OF SUBROGATION
   The following is added to Section IV-Commercial General Liability Conditions:
   Waiver of Subrogation
   We waive any right of recovery we may have against any person or organization because of
   payments we make for injury or damage arising out of premises owned or occupied or rented
   or loaned to you; ongoing operations performed by you or on your behalf, done under a
   contract with that person or organization; “your work”; or “your products”. We waive this right
   where you have agreed to do so as part of a written contract, executed by you prior to loss.


O. INCIDENTAL MEDICAL MALPRACTICE INJURY
   1. For insurance applicable to this Article O, the definition of “bodily injury” in Section V -
      Definitions is amended to include, “Incidental Medical Malpractice Injury”.
   2. The following definition is added to Section V- Definitions:
       “Incidental medical malpractice injury” means “bodily injury”, mental anguish, sickness or
       disease sustained by a person, including death resulting from any of these at any time,
       arising out of the rendering of, or failure to render, the following services:
       a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or
          instruction, or the related furnishing of food or beverages;
       b. The furnishing or dispensing of drugs or medical, dental or surgical supplies or
          appliances;
       c. First aid; or
       d. “Good Samaritan Services”. As used in this Article O., “Good Samaritan Services” are
          those medical services rendered or provided in an emergency and for which no
          remuneration is demanded or received.
   3. Paragraph 2.a.(1)(d) of Section II -Who Is An Insured does not apply to any registered
      nurse, licensed practical nurse, emergency medical technician or paramedic employed by
      you, but only while performing the services described in Paragraph 2. above and while
      acting within the scope of their employment by you. Any “employees” rendering “Good
      Samaritan Services” will be deemed to be acting within the scope of their employment by
      you.
   4. The following exclusion is added to Paragraph 2. Exclusions of Coverage A. – Bodily
      Injury And Property Damage Liability of Section I – Coverages:
       [This insurance does not apply to:)
       Willful Violation of Penal Statute
       Liability arising out of the willful violation of a penal statute or ordinance relating to the
       sale of pharmaceuticals by or with the knowledge or consent of the insured.
   5. For the purposes of determining the applicable Limits of Insurance, any act or omission,
      together with all related acts or omissions in the furnishing of services described in
      Paragraph 2.a. through 2.d. above to any one person, will be considered one “occurrence”.
   6. This Article O. does not apply if you are in the business or occupation of providing any of
      the services described in Paragraph 2. above.




Form XIL 436 1208                               © 2008, XL America, Inc.                                Page 7 of 8
               Includes copyrighted material of Insurance Services Office, Inc., with its permission.
   7. The insurance provided by this Article O. shall be excess over any other valid and
      collectible insurance available to the insured, whether primary, excess, contingent or on
      any other basis, except for insurance purchased specifically by you to be excess of this
      policy.


P. EXTENSION OF COVERAGE – BODILY INJURY
   The definition of “bodily injury” Section V- Definitions is deleted in its entirety and replaced by
   the following:
   3. “Bodily injury” means bodily injury, mental anguish, mental injury, shock, fright, disability,
      humiliation, sickness or disease sustained by a person, including death resulting from
      any of these at any time.


Q. COVERAGE TERRITORY
   The definition of “coverage territory” Section V- Definitions is deleted in its entirety and
   replaced by the following:
   4. “Coverage territory” means anywhere in the world.
       This insurance does not apply to:
       a. “bodily injury” or “property damage” that takes place; or
       b. “personal and advertising injury” caused by an offense committed
           outside the United States of America (including its possessions and territories),
           Canada and Puerto Rico, unless a “suit” on the merits (to determine the insured’s
           responsibility to pay damages to which this insurance applies) is brought in the
           United States of America (including its possessions and territories), Canada or
           Puerto Rico.
       This insurance does not apply to damage, loss, cost or expenses in connection with any
       “suit” brought outside the United States of America (including its possessions and
       territories), Canada or Puerto Rico.




Form XIL 436 1208                               © 2008, XL America, Inc.                                Page 8 of 8
               Includes copyrighted material of Insurance Services Office, Inc., with its permission.