Agenda Item
iii. Contract Renewal and Ratification – ITB 21-752-020 - HVAC Water Treatment Services to Superior Water Services, Inc. -Contract Renewal #3 of 4 (Not to exceed $200,000)
Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County Board of Education (“the Board”) approve the contract renewal (and ratification) #3 of 4 for ITB 21-752-020 for HVAC Water Treatment Services to Superior Water Services, Inc. in the amount not to exceed $200,000.
Why: This approval request is for a contract renewal for Superior Water Services, Inc. to provide HVAC water treatment services providing efficient service and quality performance while reducing costs. This request extends the agreement for an additional year through September 23, 2025.
Approval of the contract renewal meets Strategic Goal Area 6: Organizational Excellence.
Details: On August 9, 2021, the Board approved the award of the contract to Superior Water Services, Inc. as the most responsive and responsible vendor to provide HVAC Water Treatment services district-wide. This request is for the third of four (#3 of 4) one (1) year renewal options. Superior Water Services, Inc. is located at 834 W. Atlanta Street, Marietta, GA 30060.
Financial impact: The total contract amount for these services in the amount not to exceed ­­­­­$200,000 will be allocated from the General Fund Budget, Hazmat/Abatement - 100.2600.541001.00011.7520.9990.8013.040.0000
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678-676-1447
Mr. Bobby Moncrief, Director of Facilities, Division of Operations, 678-676-1478
Effective: Upon Board Approval
Status: Approved by the Office of Legal Affairs
Policy Number: 10134360CP
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GEORGIA - STATE AUTO PEAK SERIES FOR LIABILITY
Unless otherwise amended by separate endorsement this endorsement modifies insurance provided under the
following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
CONTENTS:
1. EXPECTED OR INTENDED PROPERTY DAMAGE
2. BROADENED NON-OWNED WATERCRAFT
3. AMENDED SUPPLEMENTARY PAYMENTS
4. BROADENED DAMAGE TO PREMISES RENTED OR OCCUPIED BY YOU
5. ADDITIONAL INSURED - BROAD FORM VENDORS
6. ADDITIONAL INSURED - MANAGER OR LESSORS OF PREMISES
7. ADDITIONAL INSURED - LESSORS OF EQUIPMENT
8. ADDITIONAL INSURED – GRANTOR OF FRANCHISE
9. ADDITIONAL INSURED – AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN NON-
CONSTRUCTION CONTRACT OR AGREEMENT
10. AUTOMATIC INSURED STATUS FOR NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES
11. PROJECT/LOCATION GENERAL AGGREGATE
12. PROJECT/LOCATION PRODUCTS-COMPLETED OPERATIONS AGGREGATE
13. IMPROVED DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT CONDITION
14. INCIDENTAL HEALTH CARE MALPRACTICE LIABILITY
15. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION)
16. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE
17. "MOBILE EQUIPMENT" REDEFINED
18. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS
19. FELLOW EMPLOYEE COVERAGE
20. BROADENED BODILY INJURY DEFINITION
21. ALIENATED PREMISES AMENDMENT
22. UNMANNED AIRCRAFT COVERAGE
23. COORDINATING COVERAGE
1. EXPECTED OR INTENDED PROPERTY DAMAGE
Exclusion 2.a. in SECTION I - COVERAGE A is replaced by 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. BROADENED NON-OWNED WATERCRAFT
A. If Endorsement CG 21 09, CG 21 10, CG 24 50 or CG 24 51 is attached to the Policy, the following is added
to Paragraph 2.g.(2)(b) - Exclusions under SECTION I - COVERAGE A – BODILY INJURY AND
PROPERTY DAMAGE LIABILITY:
Paragraph 2.g.(2)(b) of SECTION I – COVERAGE A is replaced by the following:
(b) A watercraft you do not own that is:
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(i) Less than 51 feet long; and
(ii) Not being used to carry persons or property for a charge;
B. If Paragraph 2.A. does not apply, the following is added to Paragraph 2.g.(2) - Exclusions under SECTION
I - COVERAGE pertaining to non-owned watercraft, is changed to the following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or property for a charge.
3. AMENDED SUPPLEMENTARY PAYMENTS
Paragraphs b. and d. of the SUPPLEMENTARY PAYMENTS - COVERAGES A and B section are changed
as shown:
b. Up to $5,000 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.
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 $750 a day because of time off from work.
4. BROADENED DAMAGE TO PREMISES RENTED TO YOU
A. The paragraph immediately following Exclusion 2.j.(6) in SECTION I - COVERAGE A, is amended as
follows:
Paragraph (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire,
smoke, lightning, explosion, water damage or sprinkler leakage) to premises, including the contents of such
premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies
to Damage To Premises Rented To You as described in SECTION III – LIMITS OF INSURANCE.
B. The last paragraph under Exclusion 2. in SECTION I - COVERAGE A, is amended as follows: Exclusions
c. through n. do not apply to damage by fire, smoke, lightning, explosion, water damage or sprinkler leakage
to premises while rented to you or temporarily occupied by you with permission of the owner. A separate
limit of insurance applies to this coverage as described in Section III - Limits Of Insurance.
C. SECTION III - LIMITS OF INSURANCE is amended as follows:
Paragraph 6. is deleted and replaced with the following:
6. Subject to 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
in the case of damage by fire, smoke, lightning, explosion, water damage or sprinkler leakage, while
rented to you or temporarily occupied by you, with permission of the owner. Subject to all the terms of
SECTION III - LIMITS OF INSURANCE, the Damage to Premises Rented To You Limit is the greater
of:
a. $500,000; or
b. The amount shown in the Declarations for Damage to Premises Rented To You Limit.
D. Paragraph 4.b.(1)(a)(ii) in SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced
with the following:
(ii) That is Fire, Smoke, Lightning, Explosion, Water Damage, or Sprinkler Leakage Insurance for premises
while rented to you or temporarily occupied by you with the permission of the owner.
E. Paragraph 9.a. in SECTION V - DEFINITIONS is amended to read:
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, smoke, lightning, explosion, or water
damage or sprinkler leakage to premises, while rented to you or temporarily occupied by you with
permission of the owner is not an "insured contract".
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5. ADDITIONAL INSURED - BROAD FORM VENDORS
A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any “vendor”, but only
with respect to "bodily injury" or "property damage" arising out of "your product" which is distributed or sold
in the regular course of the “vendor's” business.
However, the insurance afforded to such “vendor":
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the contract or agreement to provide for such
“vendor”.
B. With respect to the insurance afforded to these “vendors”, the following additional exclusions apply:
1. The insurance afforded the “vendor” does not apply to:
a. "Bodily injury" or "property damage" for which the “vendor” is obligated to pay damages by reason
of the assumption of liability in a contract or agreement. This exclusion does not apply to liability
for damages that the “vendor” would have in the absence of the contract or agreement;
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionally by the “vendor”;
d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing,
or the substitution of parts under instructions from the manufacturer, and then repackaged in the
original container;
e. Any failure to make such inspections, adjustments, tests or servicing as the “vendor” has agreed
to make or normally undertakes to make in the usual course of business, in connection with the
distribution or sale of the products;
f. Demonstration, installation, servicing or repair operations, except such operations performed at the
“vendor's” premises in connection with the sale of the product;
g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the “vendor”; or
h. "Bodily injury" or "property damage" arising out of the sole negligence of the “vendor” for its own
acts or omissions or those of its employees or anyone else acting on its behalf. However, this
exclusion does not apply to:
(1) The exceptions contained in Sub-paragraphs d. or f.; or
(2) Such inspections, adjustments, tests or servicing as the “vendor” has agreed to make or
normally undertakes to make in the usual course of business, in connection with the distribution
or sale of the products.
2. This insurance does not apply to any insured person or organization, from whom you have acquired
such products, or any ingredient, part or container, entering into, accompanying or containing such
products.
3. This insurance does not apply if "'bodily injury" or "property damage" included within the "products
completed operations hazard" is excluded either by the provisions of the Coverage Part or by
endorsement.
C. With respect to the insurance afforded to these “vendors”, the following is added to SECTION III – LIMITS
OF INSURANCE:
The most we will pay on behalf of the "vendor" is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance;
whichever is less.
This provision shall not increase the applicable Limits of Insurance shown in the Declarations.
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D. The following definition is added to the Definitions section:
"Vendor" means any person or organization who distributes or sells "your product" in the regular course of
its business when you have agreed in writing in a contract or agreement that such person or organization
be added as an additional insured on your policy.
6. ADDITIONAL INSURED - MANAGER OR LESSORS OF PREMISES
A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or
organization(s) from whom you lease a building or premises when you and such person(s) or
organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be
added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with
respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole
or in part by some negligent act or omissions by you, your employees, your agents, or your subcontractors
as a result of your occupancy, maintenance or use of that part of the premises leased to you, provided that:
1. The "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs
subsequent to the execution of the agreement; and
2. The written agreement is in effect at the time of the "bodily injury", "property damage", "personal and
advertising injury" for which coverage was sought.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
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.
B. Exclusions
This insurance does not apply to:
1. Any "occurrence" which takes place after you cease to be a tenant in that premises.
2. Any structural alterations, new construction or demolition operations performed by or on behalf of the
person(s) or organization(s) from which you lease a building or premises.
3. Any premise for which coverage is excluded by endorsement.
4. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence
of the additional insured or by those acting on behalf of the additional insured.
C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III
– LIMITS OF INSURANCE:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay
on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance;
whichever is less.
This provision shall not increase the applicable Limits of Insurance shown in the Declarations.
7. ADDITIONAL INSURED - LESSORS OF EQUIPMENT
A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or
organization(s) from whom you lease equipment when you and such person(s) or organization(s) have
agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional
insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily
injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your
maintenance, operation or use of equipment leased to you by such person(s) or organization(s).
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However, the insurance afforded to such additional insured:
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the contract or agreement to provide for such
additional insured.
A person's or organization's status as an additional insured under this endorsement ends when their
contract or agreement with you for such leased equipment ends.
B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any
"occurrence" which takes place after the equipment lease expires.
C. 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; or
2. Available under the applicable Limits of Insurance;
whichever is less.
This provision shall not increase the applicable Limits of Insurance shown in the Declarations.
8. ADDITIONAL INSURED – GRANTOR OF FRANCHISE
A. SECTION II – WHO IS AN INSURED is amended to include as an additional insured any person(s) or
organization(s) with respect to their liability as grantor of a franchise to you.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
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.
B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III
– LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or
agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; 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.
9. ADDITIONAL INSURED – AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN NON-
CONSTRUCTION CONTRACT OR AGREEMENT
A. SECTION II – WHO IS AN INSURED is amended to include as an additional insured any person(s) or
organization(s) for whom you have agreed in writing in a non-construction contract or agreement that such person
(s) or organization(s) be added as an additional insured on your policy. Such person(s) or
organization(s) is an additional insured only with respect to liability for:
1. "Bodily injury" or "property damage" not included in the "products-completed operations hazard"; or
2. "Personal and advertising injury";
caused by, in whole or in part, your acts or omissions or the acts or omissions of those acting on your behalf
in the performance of your operations.
B. The insurance afforded to such additional insured described in Paragraph A. of this endorsement:
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the contract or agreement to provide for such
additional insured.
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C. With respect to insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" due
to rendering of or failure to render any professional service. This includes but is not limited to:
1. Legal, accounting or advertising services;
2. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings or specifications;
3. Inspection, supervision, quality control, architectural or engineering activities done by or for you on a
project on which you serve as construction manager;
4. Engineering services, including related supervisory or inspection services;
5. Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction;
6. Any health or therapeutic service treatment, advice or instruction;
7. Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair
removal or replacement, or personal grooming or therapy;
8. Any service, treatment, advice or instruction relating to physical fitness, including service, treatment,
advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training
programs;
9. Optometry or optical or hearing aid services including the prescribing, preparation, fitting,
demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices;
10. Body piercing services;
11. Services in the practice of pharmacy;
12. Law enforcement or firefighting services; and
13. Handling, embalming, disposal, burial, cremation or disinterment of dead bodies.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which
caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising
injury", involved the rendering of or failure to render any professional service.
D. Paragraph 9.f. of SECTION V - DEFINITIONS is amended as follows:
f. That part of any other contract or agreement pertaining to your business (including an indemnification
of a municipality in connection with work performed for a municipality) under which you assume the
tort liability of another party to pay for "bodily injury" or "property damage" to a third person or
organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you
or by those acting on your behalf. However, such part of a contract or agreement shall only be
considered an "insured contract" to the extent your assumption of the tort liability is permitted by law.
Tort liability means a liability that would be imposed by law in the absence of any contract or
agreement.
10. AUTOMATIC INSURED STATUS FOR NEWLY ACQUIRED OR FORMED LIMITED LIABILITY
COMPANIES
A. Paragraph 3. under SECTION II – WHO IS AN INSURED is replaced by the following:
3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which
you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar
insurance available to that organization.
However:
a. Coverage under this provision is afforded only until the 180th day after you acquire or form the
organization or the end of the policy period, whichever is earlier;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you
acquired or formed the organization; and
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c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed
before you acquired or formed the organization.
B. The last paragraph of SECTION II – WHO IS AN INSURED is replaced by the following:
No person or organization is an insured with respect to the conduct of any current or past:
1. Partnership or joint venture; or
2. Limited liability company, unless Paragraph A. above applies;
that is not shown as a Named Insured in the Declarations.
11. LOCATION/PROJECT GENERAL AGGREGATE
A. For all sums which the insured become legally obligated to pay as damages caused by an “occurrence”
under SECTION I – COVERAGE A, and for all medical expenses caused by accidents under SECTION I
– COVERGE C, which can be attributed only to:
(i) ongoing operations at a single project away from premises owned or rented to you or;
(ii) a single “location” owned or rented to you:
1. A separate Project/”Location” General Aggregate Limit applies to each applicable project or
“location”, and that limit is equal to the amount of the General Aggregate Limit shown in the
Declarations.
2. The Project/”Location” General Aggregate Limit is the most we will pay for the sum of all damages
under COVERAGE A, except damages because of “bodily injury” or “property damage” included
in the “products-completed operations hazard”, and for medical expenses under COVERAGE C
regardless of the number of:
a. Insureds;
b. Claims made or “suits” brought; or
c. Persons or organizations making claims or bringing “suits”.
3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical
expenses shall reduce the Project/”Location” General Aggregate Limit for each applicable project
or “location”. Such payments shall not reduce the General Aggregate Limit shown in the
Declarations nor shall they reduce any other Project/”Location” General Aggregate Limit for any
other project or “location”.
4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You
and Medical Expense continue to apply. However, instead of being subject to the General
Aggregate Limit shown in the Declarations, such limits will be subject to the applicable
Project/”Location” General Aggregate Limit.
B. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences”
under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I -
COVERAGE C, which cannot be attributed only to ongoing operations at a single project or only to
operations at a single “location”:
1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses
shall reduce the amount available under the General Aggregate Limit or the Products-Completed
Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Project/”Location” General Aggregate Limit.
C. When coverage for liability arising out of the “products-completed operations hazard” is provided, any
payments for damages because of “bodily injury” or “property damage” included in the “products-
completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, except
where addressed by a separate provision, and not reduce the General Aggregate Limit nor the
Project/”Location” General Aggregate Limit.
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D. If the applicable project has been abandoned, delayed, or abandoned and then restarted, or if the
authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the
project will still be deemed to be the same project.
E. For the purposes of this endorsement, SECTION V - DEFINITIONS is amended by the addition of the
following definition:
“Location” 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.
F. The provisions of SECTION III – LIMITS OF INSURANCE not otherwise modified by this endorsement
shall continue to apply as stipulated.
12. LOCATION/PROJECT PRODUCTS-COMPLETED OPERATIONS AGGREGATE
When coverage for the “products-completed operations hazard” is purchased under this policy the following
applies:
A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"
under SECTION I - COVERAGE A because of "bodily injury" and "property damage" included in the
"products-completed operations hazard" which can be attributed only to:
(i) "your work" at a single project; or
(ii) operations at; or “your products” manufactured, sold, handled or distributed at, from or in connection
with: a single “location”.
1. A separate Project/”Location” Products-Completed Operations Aggregate Limit applies to each
project or covered “location”, and that limit is equal to the amount of the Products-Completed
Operations Aggregate Limit shown in the Declarations.
2. The Project/”Location” Products-Completed Operations Aggregate Limit is the most we will pay for
the sum of all damages under COVERAGE A because of "bodily injury" and "property damage"
included in the "products-completed operations hazard", regardless of the number of:
a. Insureds;
b. Claims made or “suits” brought; or
c. Persons or organization making claims or bringing “suits”
3. Any payments made under COVERAGE A for damages shall reduce the Project/”Location”
Products-Completed Operations Aggregate Limit for that project or covered “location”. Such
payments shall not reduce the Products-Completed Operations Aggregate Limit shown in the
Declarations nor shall they reduce any other Project/”Location” Products-Completed Operations
Aggregate Limit for any other project or covered “location”.
4. The limit shown in the Declarations for Each Occurrence continues to apply. However, instead of
being subject to the Products-Completed Operations Aggregate Limit shown in the Declarations,
such limit will be subject to the applicable Project/”Location” Products-Completed Operations
Aggregate Limit.
B. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences”
under SECTION I - COVERAGE A, because of “bodily injury” and “property damage” included in the
“products-completed operations hazard” which cannot be attributed only to:
(i) "your work" at a single project; or
(ii) operations at; or “your products” manufactured, sold, handled or distributed at, from or in connection
with: a single “location”:
1. Any payments made under COVERAGE A for damages because of “bodily injury” and “property
damage” included in the “products-completed operations hazard” shall reduce the amount available
under the Products-Completed Operations Aggregate Limit; and
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2. Such payments shall not reduce any Project/”Location” Products-Completed Operations Aggregate
Limit.
C. Any payments for damages under COVERAGE A, except damages because of “bodily injury” or “property
damage” included in the “products-completed operations hazard” will reduce the General Aggregate Limit,
and will not reduce the Products-Completed Operations Aggregate Limit nor any Project/”Location” General
Aggregate Limit.
D. If the applicable project has been abandoned, delayed, or abandoned and then restarted, or if the
authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the
project will still be deemed to be the same project.
E. For the purposes of this endorsement, SECTION V - DEFINITIONS is amended by the addition of the
following definition:
“Location” 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.
F. The provisions of SECTION III – LIMIT OF INSURANCE not otherwise modified by this endorsement shall
continue to apply as stipulated.
13. IMPROVED DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT CONDITION
Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
Paragraphs e. and f. are added to 2. Duties In the Event of Occurrence, Offense, Claim Or Suit, as shown:
e. The requirement in Condition 2.a. applies only when the "occurrence" or offense is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An "executive officer" or insurance manager, if you are a corporation.
(4) A member or manager if the named insured is a limited liability company.
f. The requirement in Condition 2.b. will not be breached unless the breach occurs after such claim or "suit"
is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An "executive officer" or insurance manager, if you are a corporation.
(4) A member or manager if the named insured is a limited liability company.
14. INCIDENTAL HEALTH CARE MALPRACTICE LIABILITY
Only with respect to “bodily injury” arising out of a “health care incident” described in this endorsement, the
following applies:
A. The following is added to Paragraph 1.b.Insuring Agreement of COVERAGE A – BODILY INJURY AND
PROPERTY DAMAGE LIABILITY; SECTION I – COVERAGES
Incidental Health Care Malpractice Liability
This insurance applies to "bodily injury" arising out of a “health care incident” providing the professional
health care services are incidental to the named insured’s primary business purpose when the “bodily
injury” is caused by an “occurrence” that takes place in the “coverage territory” and occurs during the
policy period.
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B. Paragraph 2. Exclusions of COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY;
SECTION I – COVERAGES is amended as follows:
1. Paragraph 2.b., Contractual Liability is deleted and replaced with the following:
b. Contractual Liability
"Bodily injury" for which the insured is obligated to pay damages by reason of the assumption of
liability in a contract or agreement. This exclusion does not apply to liability for damages that the
insured would have in the absence of the contract or agreement.
2. The following is added:
Any “health care incident” for which coverage is excluded by separate endorsement.
C. The following replaces to Paragraph 2.a.(1)(d) of SECTION II – WHO IS AN INSURED
(d) Arising out of his or her providing or failing to provide “professional health care services”.
However, if your primary business purpose is not providing “professional health care services”,
paragraph (d) does not apply to “bodily injury” arising out of a “health care incident” and will be
considered within the performance of their duties related to the conduct of your business.
D. SECTION V - DEFINITIONS is amended to:
1. Add the following definitions:
a. “Health care incident” means an act, error or omission by the named insured’s “employee’s” or
“volunteer workers” in the rendering of:
(1) “Professional health care services” on behalf of the named insured; or
(2) Good Samaritan services rendered in an emergency and for which no payment is demanded
or received.
b. “Professional health care services” means any health care services or the related furnishing of
food, beverages, medical supplies or appliances by the following providers in their capacity as
such but solely to the extent they are duly licensed as required:
(1) Physician;
(2) Nurse;
(3) Nurse practitioner;
(4) Emergency medical technician;
(5) Paramedic;
(6) Dentist;
(7) Physical therapist;
(8) Psycho therapist;
(9) Psychologist;
(10)Speech therapist; or
(11)Other allied health professional
2. The definition of “occurrence” is deleted and replaced with the following:
“Occurrence” means a “health care incident”. All acts, errors or omission that are logically connected
by any common fact, circumstance, situation, transaction, event, advice or decision will be considered
to constitute a single “occurrence”.
15. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION)
Condition 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS is amended by the addition of the following:
We waive any right of recovery against any person(s) or organization(s), because of any payment we make
under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or
agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to the loss.
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Insurance Services Office, Inc., with its permission
Policy Number: 10134360CP
16. PRIMARY AND NONCONTRIBUTORY
Subparagraph a. Primary Insurance of Paragraph 4. Other Insurance of SECTION IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS is amended by the following additional paragraph:
However, this insurance is primary to and will not seek contribution from any other insurance available to an
additional insured under the terms of this Coverage Form or amendatory endorsement provided that:
a. The additional insured is a Named Insured under such other insurance; and
b. You have agreed in writing in a contract or agreement that this insurance would be primary and would not
seek contribution from any other insurance available to the additional insured.
17. "MOBILE EQUIPMENT" REDEFINED
SECTION V - DEFINITIONS is amended as follows:
a. Paragraph 12.f.(1)(a), (b), and (c) of the "mobile equipment" definition does not apply to self-propelled
vehicles of less than 1,000 pounds gross vehicle weight.
18. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS
Unless otherwise amended by separate endorsement to this Coverage Form, the following paragraph is added
to Paragraph 6. of SECTION IV - CONDITIONS: Based on our reliance on your representations as to existing
hazards, if you unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this
Coverage Form, we shall not deny coverage under this Coverage Form because of such failure.
19. FELLOW EMPLOYEE COVERAGE
For the purpose of this coverage, paragraph 2.a.(1), in SECTION II – WHO IS AN INSURED, is replaced by
the following:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or member (if you are a partnership or joint venture), to your members (if you
are a limited liability company), to a co "employee" while in the course of his or her employment or
performing duties related to the conduct of your business, or to your other "volunteer workers" while
performing duties related to the conduct of your business.
(b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a
consequence of Paragraph (1)(a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages
because of the injury described in Paragraph (1)(a) or (b) above; or
(d) Arising out of his or her providing or failing to provide professional health care services.
However, this does not apply to "bodily injury" to a co -"employee" when caused by your "employee", except
with respect to claims for "bodily injury" to:
(a) A person arising out of any:
(i) Refusal to employ that person;
(ii) Termination of that person's employment; or
(iii) Employment-related practices, policies, acts or omissions, such as coercion, demotion,
evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination
directed at that person;
(b) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that
person at whom any of the employment-related practices described in Paragraphs (a) (i), (ii), or (iii)
above is directed; or
(c) Any person due to alleged negligence or other wrongdoing in the supervision, hiring, employment,
training or monitoring of others.
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Insurance Services Office, Inc., with its permission
Policy Number: 10134360CP
20. BROADENED BODILY INJURY DEFINITION
Unless otherwise amended by separate endorsement to this Coverage Form, the following replaces paragraph
3. in SECTION V - DEFINITIONS:
a. "Bodily Injury" means bodily injury, sickness or disease sustained by a person, including death, shock,
mental anguish or mental injury sustained by that person at any time resulting from the bodily injury,
sickness or disease.
21. ALIENATED PREMISES AMENDMENT
Paragraph 2.J.(2), Exclusions, of SECTION I - COVERAGE A. Bodily Injury and Property Damage Liability is
replaced as follows:
(2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises
and occurred from hazards that were known by you, or should have reasonably been known by you, at the
time the property was transferred or abandoned.
22. UNMANNED AIRCRAFT COVERAGE
A. The following is added to Exclusion 2.g. Aircraft, Auto or Watercraft under Section I - Coverage A - Bodily
Injury and Property Damage Liability
This exclusion does not apply to:
(6) Unmanned Aircraft
“Bodily Injury” or “property damage” arising out of the ownership, maintenance, use or entrustment to
others of any aircraft that is an “unmanned aircraft” weighing 15 lbs or less. Use includes operation
and “loading or unloading”.
B. The following is added to SECTION V - DEFINITIONS:
“Unmanned aircraft” means an aircraft that is not:
a. Designed;
b. Manufactured; or
c. Modified after manufacture;
to be controlled directly by a person from within or on the aircraft.
If forms CG 21 09, CG 21 10 or CG 21 11 are attached to this policy, they do not apply to the extent that
coverage is provided under this Paragraph 19. UNMANNED AIRCRAFT COVERAGE
23. COORDINATING COVERAGE
If the coverage provided by any provision within this endorsement, any other endorsement, form, or policy
issued to you by us or any company affiliated with us apply to the same "occurrence", the maximum applicable
per “occurrence” and aggregate limits of insurance available under all the endorsements, forms or policies shall
not exceed the highest applicable per “occurrence” and aggregate limits of insurance under any one
endorsement, form, or policy.
This condition does not apply to any coverage or policy issued by us or an affiliated company to apply
specifically as excess insurance over the applicable coverage.
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Insurance Services Office, Inc., with its permission