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Signed Contract_RDG Planning & Design, Inc. for the Grand River Center parking lot lighting design and consulting servicesCity of Dubuque City Council Meeting Consent Items # 022. Copyrighted June 5, 2023 ITEM TITLE: Signed Contract(s) SUMMARY: Dittmer Recycling, Inc. for the processing and marketing of recyclables; RDG Planning & Design, Inc. for the Grand River Center parking lot lighting design and consulting services. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Processing and Marketing of Recyclables Supporting Documentation Grand River Center Parking Lot Contract Supporting Documentation RDg,,** PLANNING • DESIGN February 26, 2023 LIGHTING DESIGN PROPOSAL R3005.984.00 — DUBUQUE — GRAND RIVER CENTER PARKING RELIGHTING Attn: Jared Charland The RDG Lighting Studio is pleased to provide you with this proposal for lighting design and consulting services for the renovation of the lighting in the parking garage for the Grand River Center in Dubuque, Iowa. The proposal intends to outline our scope in relation to lighting design services. This document can also be used for coordination with other outside consulting services provided by others should they be required. SCOPE OVERVIEW The RDG Lighting Studio provides lighting design and consulting services on various project types all across the country. However, we are not electrical engineers, nor do we sell or install lighting products. Should electrical drawings be required for this project, RDG recommends having the City enter into a design -build relationship with an electrical contractor who can produce, stamp and seal drawings as required for City permitting or records. Due to the project being primarily a retrofit of the existing parking garage lighting system, we propose the following scope of services: DESIGN DEVELOPMENT— ■ Document existing lighting locations and conditions ■ Review mounting heights, obstacles and other factors influencing the performance of the lighting system ■ Research equivalent LED products suited for this application and environment CONSTRUCTION DOCUMENTS— ■ Create new lighting plan to show locations and mounting heights ■ Write performance specification for required electrical, illuminance, warranty and other requirements o City to provide front end specifications for standard project work ■ Provide fixture samples for City review and comment prior to creating Luminaire schedule ■ Preliminary cost estimate for lighting fixture replacement and installation. ■ Add any notes regarding new controls or required changes to electrical systems in the garage BIDDING, NEGOTIATION AND CONSTRUCTION SERVICES — ■ Assist City with review of contractors, bids and award of contracts ■ RDG to be available for any questions during installation of the new lighting for the project ■ RDG will review lighting submittals to verify design intent ■ Following the completion of the project, RDG would take lighting level readings and complete a punch list of the project to verify compliance with the documents. DELIVERABLES The RDG Lighting Studio anticipates providing the following deliverables as part of our scope for the project. a. One or two drawings showing fixture locations and mounting means (pdf) b. Lighting fixture cutsheets and approved equals (pdf) c. 8 % x 11 specification booklet 'Electrical contractor will be responsible for circuiting all lighting and providing any required power panel schedules to ensure power and emergency lighting are provided as required. All electrical engineering for the project will be provided thru a design -build electrical contractor. Electrical contractor's engineer will stamp and seal all electrical lighting plans incorporating RDG Lighting work. RDG Planning & Design, Inc. 301 Grand Avenue Tel 515.288.3141 000 • • Des Moines, Iowa 50309 Fax 515.288.8631 www.rdgusa.com RDgo** PLANNING • DESIGN EXCLUDED SERVICES: The following services are not included in any of the Deliverables outlined above: ■ Lighting Renderings ■ Fixture circuiting and panel schedules ■ Lighting controls specifications (will be integral to the fixtures) ■ Emergency Lighting and Exit Sign layouts ■ Emergency power source calculations for generator/inverter loads and transfer devices SCHEDULE: We anticipate having full lighting plans and specifications within 4 weeks of this agreement being signed if all lighting concepts have been agreed to by that time. MEETINGS: We anticipate two in -person meetings in Dubuque during this project. RDG Lighting Studio has included time and reimbursables for a maximum of two (2) trips to the site for coordination. All other internal meetings and coordination calls to occur via Zoom. Additional fees may be required should additional travel time need to be accounted for if additional in -person meetings are required. FEES The RDG Lighting Studio will provide lighting layouts via a Bluebeam RCP mark-up and include support documentation via a lighting fixture schedule, detail sketches and cutsheets to demonstrate design intent. We propose a lump sum fee of $8,000 for both design and construction administration services. ADD SERVICES Additional scope of work or design outside of the project areas described above may constitute a request for additional services by the RDG lighting studio. This work will be brought to the owner's attention prior to proceeding, including an estimate of time and fees associated with the additional work. LIGHTING STUDIO HOURLY RATES: • DAVID RAVER — Lighting Project Manager and Lighting Designer $220 • SHELBY KLOOSTER —Lighting Designer $165 • YURI BLOOMER —Lighting Technician $120 REIMBURSEABLE EXPENSES: Reimbursable expenses for travel, lodging, meals, shipping, mock-up supplies or other associated costs will be billed at 1.1x cost in addition to the fees presented above. We are estimating a maximum of $500 in reimbursable expenses if in -person meetings are required with the design team. I am confident that RDG can offer creative ideas on how we can partner to fulfill each of your objectives and enhance the architectural design of the project. It is our hope that you will consider us as a resource and an ally on this project. If this proposal does not meet your objectives and/or fee expectations, please feel free to contact us directly to discuss and resolve any concerns that you may have. We look forward to working with you on this. Please let me know if you have any questions or concerns regarding what I have included in this proposal. Thank you again for this opportunity. Sincerely, David Raver, IALD, LC, MIES, MFA Lighting Studio Leader RDG Planning & Design, Inc. 301 Grand Avenue Tel 515.288.3141 000 • • Des Moines, Iowa 50309 Fax 515.288.8631 www.rdgusa.com RDg,ee PLANNING • DESIGN If you are in agreement with the proposal as provided above, please sign and date this proposal and return it to my attention. APPROVED: Name— City of Dubuque repres ntative 04/30/2023 Date RDG Planning & Design, Inc. 301 Grand Avenue Tel 515.288.3141 000 • • Des Moines, Iowa 50309 Fax 515.288.8631 www.rdgusa.com City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project # or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule J Professional Services January 2023 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. 6) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13t" Street Dubuque, Iowa 52001. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Page 2 of 4 Schedule J Professional Services January 2023 City of Dubuque Insurance Requirements for Professional Services Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. D) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non- contributory in favor of the City. E) PROFESSIONAL LIABILITY $2,000,000 If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims - made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITY/BREACH $1,000,000 Yes No Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 3 of 4 Schedule J Professional Services January 2023 City of Dubuque Insurance Requirements for Professional Services Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule J Professional Services January 2023 / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 3/13/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AssuredPartners Great Plains, LLC 4200 University Ave., Suite 200 West Des Moines IA 50266-5945 CONTACT NAME: Stacy Ferguson PHONE FAX AIC No Ext : 515-453-9244 A/C No): 515-453-9244 ADDRESS: stacy.ferguson@AssuredPartners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Cincinnati Insurance Company 10677 INSURED RDGPLAN-01 RDG Planning &Design, Inc. 301 Grand Ave INSURERB: AXIS Insurance Company 37273 INSURERC: Accident Fund National Ins Company 10166 INSURER D : Des Moines IA 50309 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:427487018 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y ENP0118475 1/1/2023 1/1/2024 EACH OCCURRENCE $2,000,000 Fv� CLAIMS -MADE OCCUR DAMAGE TO PREMISES('a a oNcur ence)$ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jE LOC X PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY ENP0118475 1/1/2023 1/1/2024 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LAB X OCCUR ENP0118475 1/1/2023 1/1/2024 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y AFWCP100081547 1/1/2023 1/1/2024 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 B Cyber Liability P-001-000061201-05 1/1/2023 1/1/2024 Agg.Limit:$2,000,000 Deductible:$25,000 A Crime -Employee Theft ENP0118475 1/1/2023 1/1/2024 Limit $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: P3005.984.00 - Dubuque - River Ctr Parking Lighting, 2200 Bunker Hill Rd, Dubuque, IA 52001-3010 The City of Dubuque, including all its elected and appointed officials, all employees and volunteers, all its boards, commissions and/or authorities their board members, employees and volunteers are Additional Insured with respects to the General Liability policy per form CG2010 (12/19) The City of Dubuque, including all of its elected and appointed officials, all employees and volunteers, all its boards, commissions and/or authorities their board members, employees and volunteers are Additional Insured - primary and non-contributory - including products and completed operations - automatic status when required in Contract with respects to the General Liability policy per form GA472 (05/20) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Dubuque 50 W 13th Street AUTHORIZED REPRESENTATIVE Dubuque IA 52001 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: RDGPLAN-01 LOC #: ,CORE) AGENCY AssuredPartners Great Plains, LLC POLICY NUMBER CARRIER 4DDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED RDG Planning & Design, Inc. 301 Grand Ave Des Moines IA 50309 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Governmental Immunity applies with respects to the General Liability policy per form CG2414 (04/13) Fellow Employee coverage applies to the General Liability policy per form GA428 (12/04) General Liability Aggregate applies separately per project and per location per form GA101 (12/04) Waiver of subrogation applies to the General Liability Policy per form GA210 (09/17) Waiver of subrogation applies to the Workers Compensation policy per form WC000313 (04/84) Page 1 of 1 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG24140413 WAIVER OF GOVERNMENTAL IMMUNITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART We will waive, both in the adjustment of claims and in the defense of "suits" against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. CG 24 14 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: ENP 011 84 75 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 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) Locations Of Covered Operations THE CITY OF DUBUQUE, INCLUDING ALL ITS ANY LOCATION AT WHICH WORK OR ELECTED AND APPOINTED OFFICIALS, ALL OPERATIONS ARE PERFORMED BY YOU OR EMPLOYEES AND VOLUNTEERS, ALL ITS BOARDS, ON YOUR BEHALF COMMISSIONS AND/OR AUTHORITIES THEIR BOARD MEMBERS, EMPLOYEES AND VOLUNTEERS 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 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 CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 whichever is less. 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; This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION II - WHO IS AN INSURED, is amended as follows: Paragraphs 2.a.(1)(a) and 2.a.(1)(b) are deleted in their entirety and replaced by the following: (Each of the following is also an insured:) (1) 'Bodily injury" or "personal and advertising injury": (a) To you; GA 42812 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only with respect to liability for: a. "Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b. "Bodily injury' or "property damage" caused, in whole or in part, by "your work" performed under that written contract or written agreement and in- cluded in the "products -completed operations hazard", but only if: (1) The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard"; and (2) The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products - completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products -completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the "prod- ucts -completed operations hazard", this Paragraph b. does not apply to that person or organization. 2. If the written contract or written agree- ment described in Paragraph 1. above specifically requires you to provide addi- tional insured coverage to that person or organization: a. Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- graph A.1.b. above, whichever applies, is replaced by the phrase arising out of. 3. With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4. This Paragraph A. does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a permit or au- thorization to add as an additional insured on this Coverage Part. Such state or gov- ernmental agency or subdivision or politi- cal subdivision is an additional insured only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivi- sion or political subdivision has issued, in writing, a permit or authorization. 2. With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b. "Bodily injury' or "property damage" included within the "products - completed operations hazard." C. The insurance afforded to additional insureds described in Paragraphs A. and B.: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and B., the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the addi- tional insured is the amount of insurance: 1. Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B. For the purpose of determining the required amount of insurance only, we will include the minimum amount of any Um- brella Liability or Excess Liability cover- age required for that additional insured in that written contract, written agreement, written permit or written authorization; or 2. Available under the applicable limits of in- surance; whichever is less. This endorsement shall not increase the appli- cable limits of insurance. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 2 of 3 This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury" offense is com- mitted: During the policy period; and 2. Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F. Except when G. below applies, the following is added to Section IV - Commercial General Liability Conditions, Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1. As otherwise provided in Section IV - Commercial General Liability Condi- tions, Other Insurance, b. Excess In- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as an additional insured on another insur- ance policy that is written on an excess basis. In such case, this insurance is also excess. G. The following is added to Section IV - Com- mercial General Liability Conditions, Other Insurance, and supersedes any provision to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit' on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary to any other in- surance available to the additional in- sured. As used in this endorsement, wrap-up insur- ance means a centralized insurance program under which one party has secured either in- surance or self-insurance covering some or all of the contractors or subcontractors perform- ing work on one or more specific project(s). Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit' on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means a centralized insurance program under which one party has secured either in- surance or self-insurance covering some or all of the contractors or subcontractors perform- ing work on one or more specific project(s). H. Section IV - Commercial General Liability Conditions, Transfer Of Rights Of Recov- ery Against Others To Us is amended by the addition of the following: Waiver of Subrogation We waive any right of recovery against any additional insured under this endorsement, because of any payment we make under this endorsement, to whom the insured has waived its right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such additional in- sured prior to loss. Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Page. 1. Employee Benefit Liability Coverage.......................................................................................3 2. Unintentional Failure To Disclose Hazards.............................................................................9 3. Damage To Premises Rented To You......................................................................................9 4. Supplementary Payments...................................................................................................... 10 5. Medical Payments................................................................................................................... 10 6. 180 Day Coverage For Newly Formed Or Acquired Organizations ................................... 10 7. Waiver Of Subrogation........................................................................................................... 11 8. Automatic Additional Insured - Specified Relationships: .................................................. 11 • Managers Or Lessors Of Premises; • Lessor Of Leased Equipment; • Vendors; • State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises; and • Mortgagee, Assignee Or Receiver 9. Property Damage To Borrowed Equipment......................................................................... 14 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services................................................................................................................................... 15 11. Broadened Notice Of Occurrence......................................................................................... 15 12. Nonowned Aircraft.................................................................................................................. 15 13. Bodily Injury Redefined.......................................................................................................... 15 14. Expected Or Intended Injury Redefined............................................................................... 15 15. Former Employees As Insureds............................................................................................ 15 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $ 2,500 b. Loss Of Earnings: $ 500 Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 1 of 15 5. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 2 of 15 C. Coverages 2) Occurred prior to the 1. Employee Benefit Liability Coverage "first effective date" of this endorsement pro - a. The following is added to Section I - vided: Coverages: a) of YouEmployee Benefit Liability Cover- ohava k ow eiddge age claim or "suit" on or (1) Insuring Agreement before the "first ef- fective date" of this (a) We will pay those sums that endorsement. the insured becomes legally obligated to pay as damag- You will be es caused by any act, error deemed to have or omission of the insured, knowledge of a or of any other person for claim or "suit" whose acts the insured is when any "author - legally liable, to which this ized representa- insurance applies. We will tive"; have the right and duty to i) Reports all, or defend the insured against any part, of the any "suit" seeking those act, error or damages. However, we will omission to us have no duty to defend or any other against any "suit" seeking insurer; damages to which this in- surance does not apply. We ii) Receives a may, at our discretion, in- written or ver- vestigate any report of an bal demand or act, error or omission and claim for dam - settle any claim or "suit" that ages because may result. But: of the act, er- 1) The amount we will pay ror or omis- sion; and for damages is limited as described in Section b) There is no other III - Limits Of Insur- applicable insur- ance; and ance. 2) Our right and duty to (2) Exclusions defend ends when we have used up the appli- This insurance does not apply to: cable limit of insurance (a) Bodily Injury, Property in the payment of judg- in thents Damage Or Personal And or settlements. Advertising Injury No other obligation or liabil- 'Bodily injury", "property ity to pay sums or perform damage" or "personal and acts or services is covered advertising injury". unless explicitly provided for under Supplementary (b) Dishonest, Fraudulent, Payments. Criminal Or Malicious Act (b) This insurance applies to Damages arising out of any damages only if the act, er- intentional, dishonest, ror or omission, is negligent- fraudulent, criminal or mali- ly committed in the "admin- cious act, error or omission, istration" of your "employee committed by any insured, benefit program"; and including the willful or reck- less violation of any statute. 1) Occurs during the policy period; or Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 3 of 15 (c) Failure To Perform A Con- effort and cooperation of the tract insured, from the applicable funds accrued or other col - Damages arising out of fail- lectible insurance. ure of performance of con- tract by any insurer. (i) Taxes, Fines Or Penalties (d) Insufficiency Of Funds Taxes, fines or penalties, in - cluding those imposed un- Damages arising out of an der the Internal Revenue insufficiency of funds to Code or any similar state or meet any obligations under local law. any plan included in the "employee benefit program". (j) Employment -Related Prac- tices (e) Inadequacy Of Perfor- mance Of Invest- Any liability arising out of ment/Advice Given With any: Respect To Participation (1) Refusal to employ; Any claim based upon: (2) Termination of employ- 1) Failure of any invest- ment; ment to perform; (3) Coercion, demotion, 2) Errors in providing in- evaluation, reassign - formation on past per- ment, discipline, defa- formance of investment mation, harassment, vehicles; or humiliation, discrimina- tion or other employ- 3) Advice g y ment - related practices, person with respect to acts or omissions; or that person's decision to participate or not to par- (4) Consequential liability ticipate in any plan in- as a result of (1), (2) or cluded in the "employee (3) above. benefit program". This exclusion applies (f) Workers' Compensation whether the insured may be And Similar Laws held liable as an employer or in any other capacity and Any claim arising out of your to any obligation to share failure to comply with the damages with or repay mandatory provisions of any someone else who must pay workers' compensation, un- damages because of the in - employment compensation Jury insurance, social security or disability benefits law or any (3) Supplementary Payments similar law. Section I - Coverages, Sup- (g) ERISA plementary Payments - Cover - ages A And B also apply to this Damages for which any in- Coverage. sured is liable because of li- ability imposed on a fiduci- b. Who Is An Insured are by the Employee Re- tirement Income Security As respects Employee Benefit Lia- Act of 1974, as now or bility Coverage, Section II - Who Is hereafter amended, or by An Insured is replaced by the follow - any similar federal, state or ing: local laws. (1) If you are designated in the Dec- (h) Available Benefits larations as: Any claim for benefits to the (a) An individual, you and your extent that such benefits are spouse are insureds, but un- available, with reasonable ly with respect to the con - Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 4 of 15 duct of a business of which liability company, and over which you are the sole owner. you maintain ownership or major- ity interest, will qualify as a (b) A partnership or joint ven- Named Insured if no other similar ture, you are an insured. insurance applies to that organi- Your members, your part- zation. However, coverage under ners, and their spouses are this provision: also insureds but only with respect to the conduct of (a) Is afforded only until the your business. 180th day after you acquire or form the organization or (c) A limited liability company, the end of the policy period, you are an insured. Your whichever is earlier; and members are also insureds, but only with respect to the (b) Does not apply to any act, conduct of your business. error or omission that was Your managers are in- committed before you ac- sureds, but only with respect quired or formed the organi- to their duties as your man- zation. agers. c. Limits Of Insurance (d) An organization other than a partnership, joint venture or As respects Employee Benefit Lia- limited liability company, you bility Coverage, Section III - Limits are an insured. Your "execu- Of Insurance is replaced by the fol- tive officers" and directors lowing: are insureds, but only with (1) The Limits of Insurance shown in respect to their duties as Section B. Limits Of Insurance, your officers or directors. 1. Employee Benefit Liability Your stockholders are also Coverage and the rules below fix insureds, but only with re- the most we will pay regardless spect to their liability as of the number of: stockholders. (a) Insureds; (e) A trust, you are an insured. Your trustees are also in- (b) Claims made or "suits" sureds, but only with respect brought; to their duties as trustees. (c) Persons or organizations (2) Each of the following is also an making claims or bringing insured: "suits"; (a) Each of your "employees" (d) Acts, errors or omissions; or who is or was authorized to administer your employee a Benefits included in () our y benefit program"; "employee benefit program". (b) Any persons, organizations (2) The Aggregate Limit shown in or "employees" having prop- Section B. Limits Of Insurance, er temporary authorization 1. Employee Benefit Liability to administer your employ- Coverage of this endorsement is ee benefit program" if you the most we will pay for all dam - die, but only until your legal ages because of acts, errors or representative is appointed; omissions negligently committed or in the "administration" of your "employee benefit program". (c) Your legal representative if you die, but only with re- (3) Subject to the limit described in spect to duties as such. That (2) above, the Each Employee representative will have all Limit shown in Section B. Limits your rights and duties under Of Insurance, 1. Employee this Coverage Part. Benefit Liability Coverage of this endorsement is the most we (3) Any organization you newly ac- will pay for all damages sus - quire or form, other than a part- tained by any one "employee", nership, joint venture or limited including damages sustained by Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 5 of 15 such "employee's" dependents (d) We may pay any part or all and beneficiaries, as a result of: of the Deductible Amount to (a) An act, error or omission; or effect settlement of any claim or suit and, upon no- b) A series of related acts, er- tification of the action taken, rors or omissions, regard- you shall promptly reim- less of the amount of time burse us for such part of the that lapses between such Deductible Amount as we acts, errors or omissions; have paid. negligently committed in the d. Additional Conditions "administration" of your "employ- As respects Employee Benefit Lia- ee benefit program". bility Coverage, Section IV - Com- However, the amount paid under mercial General Liability Condi- this endorsement shall not ex- tions is amended as follows: ceed, and will be subject to the (1) Item 2. Duties In The Event Of limits and restrictions that apply Occurrence, Offense, Claim Or to the payment of benefits in any Suit is replaced by the following: plan included in the "employee benefit program." 2. Duties In The Event Of An (4) Deductible Amount Act, Error Or Omission, Or Claim Or Suit (a) Our obligation to pay dam- a. You must see to it that ages on behalf of the in- we are notified as soon sured applies only to the as practicable of an act, amount of damages in ex- error or omission which cess of the Deductible may result in a claim. Amount stated in the Decla- To the extent possible, rations as applicable to notice should include: Each Employee. The limits of insurance shall not be re- (1) What the act, error duced by the amount of this or omission was deductible. and when it oc- curred; and (b) The Deductible Amount stated in the Declarations (2) The names and applies to all damages sus- addresses of any- tained by any one "employ- one who may suf- ee", including such "employ- fer damages as a ee's" dependents and bene- result of the act, ficiaries, because of all acts, error or omission. errors or omissions to which this insurance applies. b. If a claim is made or "suit" is brought against (c) The terms of this insurance, any insured, you must: including those with respect to: (1) Immediately record the specifics of the 1) Our right and duty to claim or "suit" and defend the insured the date received; against any "suits" and seeking those damag- es; and (2) Notify us as soon as practicable. 2) Your duties, and the du- ties of any other in- You must see to it that volved insured, in the we receive written no - event of an act, error or tice of the claim or "suit" omission, or claim; as soon as practicable. apply irrespective of the ap- c. You and any other in- plication of the Deductible volved insured must: Amount. Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 6 of 15 (1) Immediately send b. Method Of Sharing us copies of any demands, notices, If all of the other insur- summonses or le- ance permits contribu- gal papers re- tion by equal shares, ceived in connec- we will follow this meth- tion with the claim od also. Under this ap- or "suit"; proach each insurer contributes equal (2) Authorize us to ob- amounts until it has tain records and paid its applicable limit other information; of insurance or none of (3) Cooperate with us the loss remains, whichever comes first. in the investigation or settlement of the If any of the other in - claim or defense surance does not permit against the "suit"; contribution by equal and shares, we will contrib- ute by limits. Under this method, each insurer's request, in the en- share is based on the forcement of any ratio of its applicable right against any limit of insurance to the person or organi- total applicable limits of zation which may insurance of all insur- be liable to the in- ers. sured because of an act, error or c. No Coverage omission to which this insurance may This insurance shall not also apply. cover any loss for which the insured is entitled to d. No insured will, except recovery under any at that insured's own other insurance in force cost, voluntarily make a previous to the effective payment, assume any date of this Coverage obligation, or incur any Part. expense without our consent. e. Additional Definitions (2) Item S. Other Insurance is re- As respects Employee Benefit Lia- placed by the following: bility Coverage, Section V - Defini- tions is amended as follows: S. Other Insurance (1) The following definitions are If other valid and collectible added: insurance is available to the insured for a loss we cover 1. "Administration" means: under this Coverage Part, a. Providing information to our obligations are limited as "employees", including follows: their dependents and a. Primary Insurance beneficiaries, with re- spect to eligibility for or This insurance is prima- scope of "employee ry except when c. below benefit programs"; applies. If this insurance is primary, our obliga- b. Interpreting the "em- tions are not affected ployee benefit pro - unless any of the other grams"; insurance is also prima- c. Handling records in ry. Then, we will share connection with the with all that other insur- "employee benefit pro- ance by the method de- grams"; or scribed in b. below. Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 7 of 15 d. Effecting, continuing or ees" who are eligible terminating any "em- under the plan for such ployee's" participation in benefits; any benefit included in the "employee benefit c. Unemployment insur- program". ance, social security benefits, workers' com- However, "administration" pensation and disability does not include: benefits; and a. Handling payroll deduc- d. Vacation plans, includ- tions; or ing buy and sell pro- b. The failure to effect or grams; leave of ab- sence programs, includ- maintain any insurance ing military, maternity, or adequate limits of family, and civil leave; coverage of insurance, tuition assistance plans; including but not limited transportation and to unemployment insur- health club subsidies. ance, social security benefits, workers' com- 4. "First effective date" means pensation and disability the date upon which cover - benefits. age was first effected in a 2. "Cafeteria plans" means series of uninterrupted re- newals of insurance cover - plans authorized by applica- age. ble law to allow "employees" to elect to pay for certain (2) The following definitions are de - benefits with pre-tax dollars. leted in their entirety and re- placed by the following: 3. "Employee benefit pro- grams" means a program 8. "Employee" means a person providing some of all of the actively employed, formerly following benefits to "em- employed, on leave of ab- ployees", whether provided sence or disabled, or retired. through a "cafeteria plan" or "Employee" includes a otherwise: "leased worker". "Employee" does not include a "tempo - a. Group life insurance; rary worker". group accident or health insurance; dental, vision 21. "Suit" means a civil proceed - and hearing plans; and ing in which money damag- flexible spending ac- es because of an act, error counts; provided that no or omission to which this in - one other than an "em- surance applies are alleged. ployee" may subscribe "Suit" includes: to such benefits and such benefits are made a. An arbitration proceed - generally available to ing in which such dam - those "employees" who ages are claimed and to satisfy the plan's eligibil- which the insured must ity requirements; submit or does submit with our consent; b. Profit sharing plans, employee savings b. Any other alternative plans, employee stock dispute resolution pro - ownership plans, pen- ceeding in which such sion plans and stock damages are claimed subscription plans, pro- and to which the in- vided that no one other sured submits with our than an "employee" consent; or may subscribe to such c. An appeal of a civil pro - benefits and such bene- ceeding. fits are made generally available to all "employ - Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 8 of 15 2. Unintentional Failure To Disclose Haz- 2) Rust or other cor- ards rosion, decay, de - hidden Section IV - Commercial General Liabil- or laation, latent defect it Conditions, 7. Representations is y p n any quality in a amended by the addition of the following: property that caus- Based on our dependence upon your rep- es it to damage or resentations as to existing hazards, if un- destroy itself; intentionally you should fail to disclose all 3) Smog; such hazards at the inception date of your policy, we will not reject coverage under 4) Mechanical break - this Coverage Part based solely on such down, including failure. rupture or bursting caused centrif- 3. Damage a To Premises Rented To You ugal force; e; a. The last Paragraph of 2. Exclusions 5) Settling, cracking, under Section I - Coverage A - Bod- shrinking or ex- ily Injury And Property Damage Li- pansion; ability is replaced by the following: 6) Nesting or Exclusions c. through q. do not apply char e discharge to "property damage" by fire, explo- or r a or release of waste sion, lightning, smoke or soot to g g� products or secre- premises while rented to you or tem- tions, by insects, porarily occupied by you with permis- birds, rodents or sion of the owner, for which the other animals; or amount we will pay is limited to the Damage To Premises Rented To 7) Presence, growth, You Limit as described in Section III proliferation, - Limits Of Insurance. spread or any ac- of fungus, in- tivityb. b. The insurance provided under Sec- cui mold or I - Coverage A - Bodily Injury 9 Y J Y mildew, mildew, and any And Property Damage Liability ap- mycotoxins, plies to "property damage" arising out spores, scents or of water damage to premises that are byproducts pro - both rented to and occupied by you. duced or released (1) As respects Water Damage Le- by fungi. gal Liability, as provided in Para- (b) "Property damage" caused graph 3.b. above: directly or indirectly by any The exclusions under Section I - of the following: Coverage A - Bodily Injury And (i) Earthquake, volcanic Property Damage Liability, 2. eruption, landslide or Exclusions, other than i. War any other earth move - and the Nuclear Energy Liabil- ment; ity Exclusion (Broad Form), are deleted and the following are (i i) Water that backs up or added: overflows or is other - wise discharged from a This insurance does not apply to: sewer, drain, sump, (a) "Property damage": sump pump or related equipment; (i) Assumed in any con- tract or agreement; or (iii) Water under the ground surface pressing on, or (i i) Caused by or resulting flowing or seeping from any of the follow- through: ing: 1) Foundations, walls, 1) Wear and tear; floors or paved surfaces; Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 9 of 15 2) Basements, whether paved or not; or 3) Doors, windows or other openings. (c) "Property damage" caused by or resulting from water that leaks or flows from plumbing, heating, air condi- tioning, fire protection sys- tems, or other equipment, caused by or resulting from freezing, unless: (i) You did your best to maintain heat in the building or structure; or (i i) You drained the equip- ment and shut off the water supply if the heat was not maintained. (d) "Property damage" to: (i) Plumbing, heating, air conditioning, fire protec- tion systems, or other equipment or applianc- es; or (i i) The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit Of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b. above, the Damage To Premises Rented To You Limit as shown in the Decla- rations is amended as follows: (1) Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A - Bodily Injury And Property Dam- age Liability for damages because of "property dam- age" to any one premises: a. While rented to you, or temporarily occupied by you with permission of the owner; b. In the case of damage by fire, explosion, light- ning, smoke or soot, while rented to you; or c. In the case of damage by water, while rented to and occupied by you. (2) The most we will pay is limited as described in Section B. Limits Of Insurance, 3. Damage To Premises Rented To You of this endorsement. 4. Supplementary Payments Under Section I - Supplementary Pay- ments - Coverages A And B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits Of Insurance, 4.a. Bail Bonds of this endorsement 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 ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: 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 the limit shown in Sec- tion B. Limits Of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work. S. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits Of Insurance, S. Medical Pay- ments of this endorsement. 6. 180 Day Coverage For Newly Formed Or Acquired Organizations Section II - Who Is An Insured is amended as follows: Subparagraph a. of Paragraph 3. is re- placed by the following: a. Insurance under this provision is af- forded only until the 180th day after Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 10 of 15 you acquire or form the organization use of that part of the prem- or the end of the policy period, ises leased to you, subject whichever is earlier; to the following additional exclusions: 7. Waiver Of Subrogation This insurance does not ap- Section IV - Commercial General Liabil- ply to: ity Conditions, 9. Transfer Of Rights Of Recovery Against Others To Us is (i) Any "occurrence" which amended by the addition of the following: takes place after you cease to a tenant in We waive any right of recovery we may that premisses; have against any person or organization against whom you have agreed to waive (ii) Structural alterations, such right of recovery in a written contract new construction or or agreement because of payments we demolition operations make for injury or damage arising out of performed by or on be - your ongoing operations or "your work" half of such additional done under a written contract or agree- insured. ment with that person or organization and included in the "products -completed oper- (b) Lessor Of Leased Equip- ations hazard". However, our rights may ment only be waived prior to the "occurrence" Any person or organization giving rise to the injury or damage for from whom you lease which we make payment under this Cov- equipment when you and erage Part. The insured must do nothing such person(s) or organiza- after a loss to impair our rights. At our re- tion(s) have agreed per Par - g quest, the insured will bring "suit" or trans- of this en - 8t fer those rights to us and help us enforce dorse to dorsement to provide insur- those rights. ance. Such person(s) or or- 8. Automatic Additional Insured - Speci- ganization(s) are insureds fied Relationships only with respect to liability for "bodily injury", "property a. The following is added to Section II - damage" or "personal and Who Is An Insured: advertising injury" caused, in (1) Any person(s) or organization(s) whole or in part, your maintenance, operation or described in Paragraph 8.a.(2) of use of equipment leased this endorsement (hereinafter re- you by such person(s) or or- ferred to as additional insured) ganization(s). A person's or whom you are required to add as organization's status as an an additional insured under this additional insured under this Coverage Part by reason of a endorsement ends when written contract, written agree- their contract or agreement ment, written permit or written with you for such leased authorization. equipment ends. However, (2) Only the following persons or or- this insurance does not ap- ganizations are additional in- ply to any "occurrence" sureds under this endorsement, which takes place after the and insurance coverage provided equipment lease expires. to such additional insureds is lim- (c) Vendors ited as provided herein: Any person or organization (a) Managers Or Lessors Of (referred to below as ven- Premises dor) with whom you have The manager or lessor of a agreed per Paragraph premises leased to you with 8.a.(1) of this endorsement whom you have agreed per to provide insurance, but on - Paragraph 8.a.(1) of this en- ly with respect to "bodily in- dorsement to provide insur- jury" or "property damage" ance, but only with respect arising out of "your products" to liability arising out of the which are distributed or sold ownership, maintenance or in the regular course of the Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 11 of 15 GA2100917 vendor's business, subject or repair opera - to the following additional tions, except such exclusions: operations per- (i) The insurance afforded formed at the ven- the vendor does not dor's premises in apply to: connection with the sale of the product; 1) "Bodily injury" or 7) Products which, af- "property damage" ter distribution or for which the ven- sale by you, have dor is obligated to been labeled or re- pay damages by labeled or used as reason of the as- a container, part or sumption of liability ingredient of any in a contract or other thing or sub - agreement. This stance by or for the exclusion does not vendor; or apply to liability for damages that the 8) "Bodily injury" or vendor would have "property damage" in the absence of arising out of the the contract or sole negligence of agreement; the vendor for its 2) Any express war- own acts or omis- sions or those of ranty unauthorized its employees or by you; anyone else acting 3) Any physical or on its behalf. How - chemical change in ever, this exclusion the product made does not apply to: intentionally by the a) The excep- vendor; tions contained 4) Repackaging, ex- in Paragraphs cept when un- (c) (i) 4) or 6) packed solely for of this en - the purpose of in- dorsement; or spection, demon- b) Such inspec- stration, testing, or tions, adjust - the substitution of ments, tests or parts under in- servicing as structions from the the vendor has manufacturer, and agreed to then repackaged in make or nor - the original con- mally under- tainer; takes to make 5) Any failure to make in the usual such inspections, course of adjustments, tests business, in or servicing as the connection vendor has agreed with the distri- to make or normal- bution or sale ly undertakes to of the prod - make in the usual ucts. course of busi- This insurance does not ness, in connection apply to any insured with the distribution person or organization: or sale of the products; 1) From whom you have acquired 6) Demonstration, in- such products, or stallation, servicing any ingredient, part Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 15 or container, enter- (e) Mortgagee, Assignee Or ing into, accompa- Receiver nying or containing such products; or Any person or organization with whom you have agreed 2) When liability in- per Paragraph 8.a.(1) of this cluded within the endorsement to provide in- "products- surance, but only with re - completed opera- spect to their liability as tions hazard" has mortgagee, assignee, or re - been excluded un- ceiver and arising out of the der this Coverage ownership, maintenance, or Part with respect to use of the premises by you. such products. However, this insurance does not apply to structural (d) State Or Governmental alterations, new construction Agency Or Subdivision Or and demolition operations Political Subdivision - performed by or for that per - Permits Or Authorizations son or organization. Relating To Premises Any state or governmental (3) The insurance afforded to addi- tional insureds described in Par- agency or subdivision or po- of this endorse - agraphlitical subdivision with which eet:8.a.(1) you have agreed per Para- graph 8.a.(1) of this en- (a) Only applies to the extent dorsement to provide insur- permitted by law; and ance, subject to the follow- ing additional provision: (b) Will not be broader than that which you are required by This insurance applies only the written contract, written with respect to the following agreement, written permit or hazards for which the state written authorization to pro - or governmental agency or vide for such additional in - subdivision or political sub- sured; and division has issued a permit or authorization in connec- (c) Does not apply to any per- tion with premises you own, son, organization, vendor, rent or control and to which state, governmental agency this insurance applies: or subdivision or political subdivision, specifically (i) The existence, mainte- named as an additional in- nance, repair, construc- sured under any other provi- tion, erection or removal sion of, or endorsement of advertising signs, added to, this Coverage awnings, canopies, cel- Part, provided such other lar entrances, coal provision or endorsement holes, driveways, man- covers the injury or damage holes, marquees, hoist for which this insurance ap- away openings, side- plies. walk vaults, street ban- ners or decorations and b. With respect to the insurance afford - similar exposures; or ed to the additional insureds de- scribed in Paragraph 8.a.(1) of this (ii) The construction, erec- endorsement, the following is added tion or removal of eleva- to Section III - Limits Of Insurance: tors; or The most we will pay on behalf of the (iii) The ownership, mainte- additional insured is the amount of in- nance or use of any el- surance: evators covered by this insurance. (1) Required by the written contract, written agreement, written permit or written authorization described Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 13 of 15 in Paragraph 8.a.(1) of this en- dorsement; 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. c. Section IV - Commercial General Liability Conditions is amended to include the following: Automatic Additional Insured Pro- vision This insurance applies only if the "bodily injury" or "property damage" occurs, or the "personal and advertis- ing injury" offense is committed: (1) During the policy period; and (2) Subsequent to your execution of the written contract or written agreement, or the issuance of a written permit or written authori- zation, described in Paragraph 8.a.(1). d. Section IV - Commercial General Liability Conditions is amended as follows: Condition S. Other Insurance is amended to include: Primary And Noncontributory In- surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.(1) of this endorsement provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract, agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. Property Damage To Borrowed Equip- ment a. The following is added to Exclusion 2.j. Damage To Property under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform operations at the time of loss. b. With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi- sions apply: (1) The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement with respect to coverage provid- ed by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement fix the most we will pay in any one 'occurrence" re- gardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each 'occurrence" which are in excess of the Deductible Amount stated in Section B. Limits Of Insur- ance, 9. Property Damage To Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such Deductible Amount. (b) Section IV - Commercial General Liability Condi- tions, 2. Duties In The Event Of Occurrence, Of- fense, Claim Or Suit, ap- plies to each claim or "suit" irrespective of the amount. Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 14 of 15 (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees As Insureds - Specified Health Care Services And Good Samar- itan Services Paragraph 2.a.(1)(d) under Section II - Who Is An Insured does not apply to: a. Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or b. Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice Of Occurrence Paragraph a. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Com- mercial General Liability Conditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to an "authorized representative". 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto Or Watercraft under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a. The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b. The aircraft is rented with a trained, paid crew; and c. The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 4. "Bodily injury" is replaced by the following: 4. "Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time. 14. Expected Or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex- pected Or Intended Injury under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect per- sons or property. 15. Former Employees As Insureds The following is added to Paragraph 2. under Section II - Who Is An Insured: 2. Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance GA 210 09 17 Services Office, Inc., with its permission. Page 15 of 15 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict SUPPLEMENTARY PAYMENTS - COV- this insurance. Read the entire Coverage Part ERAGES A AND B. carefully to determine rights, duties and what is and is not covered. b. This insurance applies to "bodily injury" and "property damage" only if: Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organi- zation qualifying as a Named Insured under this Coverage Part. The words "we", "us" and 'bur" refer to the Company providing this insurance. The word "insured" means any person or organi- zation qualifying as such under SECTION II - WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insur- ance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the in- sured against any "suit' seeking dam- ages for "bodily injury" or "property dam- age" to which this insurance does not apply. We may, at our discretion, investi- gate any 'occurrence" and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and (2) Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; SECTION I - COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or medical expenses under SECTION - COVERAGES, COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under (1) The "bodily injury" or "property dam- age" is caused by an 'occurrence" that takes place in the "coverage ter- ritory"; (2) The "bodily injury" or "property dam- age" occurs during the policy period; and (3) Prior to the "coverage term" in which "bodily injury" or "property damage" occurs, you did not know, per Para- graph 1.d. below, that the "bodily in- jury" or "property damage" had oc- curred or had begun to occur, in whole or in part. c. "Bodily injury" or "property damage" which: (1) Occurs during the "coverage term"; and (2) Was not, prior to the "coverage term", known by you, per Paragraph 1.d. below, to have occurred; includes any continuation, change or re- sumption of that "bodily injury" or "prop- erty damage" after the end of the "cover- age term" in which it first became known by you. d. You will be deemed to know that "bodily injury" or "property damage" has oc- curred at the earliest time when any "authorized representative": (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; (3) First observes, or reasonably should have first observed, the "bodily in- jury" or "property damage"; (4) Becomes aware, or reasonably should have become aware, by any means other than as described in (3) above, that "bodily injury" or "prop- erty damage" had occurred or had begun to occur; or (5) Becomes aware, or reasonably should have become aware, of a Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Pagel of 22 condition from which "bodily injury" or "property damage" is substantially certain to occur. e. Damages because of "bodily injury" in- clude damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bod- ily injury". 2. Exclusions This insurance does not apply to: a. Expected or Intended Injury "Bodily injury" or "property damage" which may reasonably be expected to re- sult from the intentional or criminal acts of the insured or which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" 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: (1) That the insured would have in the absence of the contract or agree- ment; or (2) Assumed in a contract or agreement that is an "insured contract", pro- vided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agree- ment. When a claim for such "bodily injury" or "property damage" is made, we will defend that claim pro- vided the insured has assumed the obligation to defend such claim in the "insured contract". Such defense payments will not reduce the limits of insurance. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxi- cation of any person; (2) The furnishing of alcoholic bever- ages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distribut- ing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation and Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured sus- tained in the "workplace"; (2) An "employee" of the insured arising out of the performance of duties re- lated to the conduct of the insured's business; or (3) The spouse, child, parent, brother or sister of that "employee" as a conse- quence of Paragraphs (1) or (2) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other ca- pacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "in- sured contract". f. Pollutant (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, Paragraph (a) does not apply to: 1) "Bodily injury" to any person injured while on any prem- ises, site or location owned or occupied by, or rented or loaned to, you provided: Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 2 of 22 a) The injury is caused by airborne irritants or con - the inadequate ventila- taminants used in a manu- tion of vapors; facturing process or which is the product or by-product b) The person injured is of any manufacturing proc- first exposed to such ess; vapors during the pol- icy period; and 2) "Bodily injury" or "property damage" for which you may c) Within 30 days of such be held liable, if you are a first exposure, the per- contractor, and the owner son injured is clinically or lessee of such premises, diagnosed or treated site or location has been by a physician for the added to this Coverage Part medical condition as an additional insured caused by the expo- with respect to your ongo- sure to such vapors. ing operations or "your However, Paragraph c) work" performed for that does not apply if the additional insured at that "bodily injury" is caused premises, site or location by vapors produced by and such premises, site or or originating from location is not and never equipment that is used was owned or occupied by, to heat, cool or dehu- or rented or loaned to, any midify the building, or insured, other than that ad - equipment that is used ditional insured; or to heat water for per- sonal use, by the 3) "Bodily injury" or "property building's occupants or damage" arising out of heat, their guests. smoke or fumes from a "hostile fire"; This exception 1) shall ap- ply only to Named Insureds; (b) At or from any premises, site or we shall have no duty to location which is or was at any defend or pay damages for time used by or for any insured any person or organization or others for the handling, stor- that is not a Named In- age, disposal, processing or sured. However, this para- treatment of waste; graph does not apply if the "bodily injury" is caused by (c) Which are or were at any time vapors produced by or transported, handled, stored, originating from equipment treated, disposed of, or proc- that is used to heat, cool or essed as waste by or for: dehumidify the building, or 1) Any insured; or equipment that is used to heat water for personal use, 2) Any person or organization by the building's occupants for whom you may be le - or their guests. gally responsible; For the purpose of the ex- (d) At or from any premises, site or ception granted in Para- location on which any insured or graph 1) only, vapors any contractors or subcontrac- means any gaseous or air- tors working directly or indirectly borne irritant or airborne on any insured's behalf are contaminant, including performing operations if the smoke, fumes, vapor or "pollutants" are brought on or to soot, but excluding asbes- the premises, site or location in tos, which is discharged, connection with such operations dispersed, emitted, re- by such insured, contractor or leased or escapes from subcontractor. However, Para - materials, machinery or graph (d) does not apply to: equipment used in the service or maintenance of 1) "Bodily injury" or "property the premises. Vapors does damage" arising out of the not mean any gaseous or discharge, dispersal, seep- age, migration, release, es - Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 3 of 22 cape or emission of fuels, erations are to test for, monitor, lubricants or other operating clean up, remove, contain, treat, fluids, or exhaust gases, detoxify or neutralize, or in any which are needed to per- way respond to, or assess the form, or are the result of, effects of, "pollutants". the normal electrical, hy- draulic or mechanical func- (2) Any loss, cost or expense arising out tions necessary for the op- of any: eration of "mobile equip- (a) Request, demand, order or ment" or its parts, if such statutory or regulatory require - fuels, lubricants or other ment that any insured or others operating fluids, or exhaust test for, monitor, clean up, re - gases, escape, seep or mi- move, contain, treat, detoxify or grate, or are discharged, neutralize, or in any way re - dispersed, released or spond to, or assess the effects emitted from a vehicle part of, "pollutants"; or designed to hold, store or receive them. This excep- (b) Claim or suit by or on behalf of a tion does not apply if the fu- governmental authority for dam- els, lubricants or other op- ages because of testing for, erating fluids, or exhaust monitoring, cleaning up, remov- gases, escape, seep or mi- ing, containing, treating, detoxi- grate, or are discharged, fying or neutralizing, or in any dispersed, released or way responding to, or assessing emitted with the intent to the effects of, "pollutants". cause "bodily injury" or "property damage" or with However, Paragraphs (2)(a) and (b) the knowledge that "bodily do not apply to liability for damages injury" or "property damage" because of "property damage" that is substantially certain to the insured would have in the ab- occur, or if such fuels, lubri- sence of such request, demand, or - cants or other operating der or statutory or regulatory re - fluids, or exhaust gases, quirement, or such claim or "suit" by are brought on or to the or on behalf of a governmental premises, site or location authority. with such intent to escape, g, Aircraft, Auto or Watercraft seep or migrate, or be dis- charged, dispersed, re- "Bodily injury" or "property damage" aris- leased or emitted as part of ing out of the ownership, maintenance, the operations being per- use or entrustment to others of any air - formed by such insured, craft, "auto" or watercraft owned or oper- contractor or subcontractor; ated by or rented or loaned to any in- sured. Use includes operation and "Bodily Bodily injury or property "loading or unloading". damage" sustained within a building and caused by the This exclusion applies even if the claims release of gases, fumes or against any insured allege negligence or vapors from materials other wrongdoing in the supervision, hir- brought into that building in ing, employment, training or monitoring of connection with operations others by that insured, if the "occurrence" being performed by you or which caused the "bodily injury" or "prop - on your behalf by a con- erty damage" involved the ownership, tractor or subcontractor; or maintenance, use or entrustment to oth- ers of any aircraft, "auto" or watercraft 3) "Bodily injury" or "property that is owned or operated by or rented or damage" arising out of heat, loaned to any insured. smoke or fumes from a "hostile fire"; or This exclusion does not apply to: (e) At or from any premises, site or (1) A watercraft while ashore on prem- location on which any insured or ises you own or rent; any contractors or subcontrac- tors working directly or indirectly (2) A watercraft you do not own that is: on any insured's behalf are (a) Less than 51 feet long; and performing operations if the op - Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 4 of 22 (b) Not being used to carry persons governmental authority in hindering or property for a charge; or defending against any of these. (3) Parking an "auto" on, or on the ways j. Damage to Property next to, premises you own or rent, provided the "auto" is not owned by "Property damage" to: or rented or loaned to you or the in- (1) Property you own, rent or occupy, sured; including any costs or expenses in- (4) Liability assumed under any "insured curred by you, or any other person, contract" for the ownership, mainte- organization or entity, for repair, re- nance or use of aircraft or watercraft; placement, enhancement, restora- or tion or maintenance of such property for any reason, including prevention (5) "Bodily injury" or "property damage" of injury to a person or damage to arising out of: another's property; (a) The operation of machinery or (2) Premises you sell, give away or equipment that is on, attached abandon, if the "property damage" to, or part of, a land vehicle that arises out of any part of those prem- would qualify under the defini- ises; tion of "mobile equipment" if it were not subject to a compul- (3) Property loaned to you; sory or financial responsibility (4) Personal property in the care, cus- law or other motor vehicle insur- tody or control of an insured; ance law in the state where it is licensed or principally garaged; (5) That particular part of real property or on which you or any contractors or (b) The operation of any of the ma- subcontractors working directly or indirectly on your behalf are per- chinery or equipment listed in forming operations, if the "property Paragraph f.(2) or f.(3) of the damage" arises out of those opera - definition of "mobile equipment". tions; or h. Mobile Equipment (6) That particular part of any property "Bodily injury" or "property damage" aris- that must be restored, repaired or ing out of: replaced because "your work" was incorrectly performed on it. (1) The transportation of "mobile equip- ment" by an "auto" owned or oper- ated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged rac- ing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indi- rectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, in- cluding action in hindering or de- fending against an actual or ex- pected attack, by any government, sovereign or other authority using military personnel or other agents; or Paragraphs (1), (3) and (4) of this exclu- sion do not apply to "property damage" (other than damage by fire or explosion) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days, for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in SECTION III - LIM- ITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this ex- clusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations haz- ard". (3) Insurrection, rebellion, revolution, k. Damage to Your Product usurped power, or action taken by "Property damage" to "your product" arising out of it or any part of it. Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 5 of 22 I. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations haz- ard". This exclusion does not apply if the dam- aged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Prop- erty Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your prod- uct" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall of Products, Work or Impaired Property Any liability or damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, re- call, inspection, repair, replacement, ad- justment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is with- drawn or recalled from the market or from use by any person or organization be- cause of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal and Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Asbestos "Bodily injury" or "property damage" aris- ing out of, attributable to, or any way re- lated to asbestos in any form or trans- mitted in any manner. q. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Other employment -related prac- tices, policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evaluation, failure to promote, reassignment, discipline, defa- mation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a conse- quence of "bodily injury" to that per- son at whom any of the employment - related practices described in Para- graphs (a), (b) or (c) above is di- rected. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other ca- pacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit", if that additional insured knew, per the following paragraph, that "bodily injury" or "property damage" had oc- curred or had begun to occur, in whole or in part, prior to the "coverage term" in which such "bodily injury" or "property damage" occurs or begins to occur. An additional insured added by attach- ment of an endorsement to this Coverage Part will be deemed to have known that "bodily injury" or "property damage" has occurred or has begun to occur at the earliest time when that additional insured, or any one of its owners, members, part- ners, managers, executive officers, "em- ployees" assigned to manage that addi- tional insured's insurance program, or "employees" assigned to give or receive notice of an "occurrence", "personal and advertising injury" offense, claim or "suit": Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 6 of 22 (1) Reports all, or any part, of the "bodily a. We will pay those sums that the insured injury" or "property damage" to us or becomes legally obligated to pay as any other insurer; damages because of "personal and ad- (2) Receives a written or verbal demand vertising injury" to which this insurance applies. We will have the right and duty or claim for damages because of the to defend the insured against an suit g y " bodily injuryor property damage"; seeking those damages. However, we (3) First observes, or reasonably should will have no duty to defend the insured have first observed, the "bodily in- against any "suit" seeking damages for jury" or "property damage"; "personal and advertising injury" to which this insurance does not apply. We may, (4) Becomes aware, or reasonably at our discretion, investigate any offense should have become aware, by any and settle any claim or "suit" that may re - means other than as described in (3) sult. But: above, that "bodily injury" or "prop- erty damage" had occurred or had (1) The amount we will pay for damages begun to occur; or is limited as described in SECTION III - LIMITS OF INSURANCE; and (5) Becomes aware, or reasonably should have become aware, of a (2) Our right and duty to defend ends condition from which "bodily injury" when we have used up the applica- or "property damage" is substantially ble limit of insurance in the payment certain to occur. of judgments or settlements under SECTION I - COVERAGES, COV- s. Electronic Data ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; Damages arising out of the loss of, loss SECTION I - COVERAGES, COV- of use of, damage to, corruption of, in- ERAGE B. PERSONAL AND AD - ability to access, or inability to manipulate VERTISING INJURY LIABILITY; or "electronic data". medical expenses under SECTION t. Distribution of Material in Violation of - COVERAGES, COVERAGE C. Statutes MEDICAL PAYMENTS. "Bodily injury" or "property damage" aris- No other obligation or liability to pay sums ing directly or indirectly out of any action or perform acts or services is covered or omission that violates or is alleged to unless expressly provided for under violate: SUPPLEMENTARY PAYMENTS - COV- ERAGES A AND B. a. The Telephone Consumer Protection Act (TCPA), including any amend- b. This insurance applies to "personal and ment of or addition to such law; or advertising injury" only if: b. The CAN-SPAM Act of 2003, includ- (1) The "personal and advertising injury" ing any amendment of or addition to is caused by an offense arising out such law; or of your business; and c. Any statute, ordinance or regulation, (2) The "personal and advertising injury" other than the TCPA or CAN-SPAM offense was committed in the "cov- Act of 2003, that prohibits or limits the erage territory" during the policy pe- sending, transmitting, communicating riod; and or distribution of material or informa- (3) Prior to the "coverage term" in which tion. the "personal and advertising injury" Exclusions c. through q. do not apply to offense is committed, you did not "property damage" by fire or explosion to know, per Paragraph 1.d. below, that premises while rented to you or temporarily the offense had been committed or occupied by you with permission of the owner, had begun to be committed, in whole for which the amount we will pay is limited to or in part. the Damage to Premises Rented To You Limit c. "Personal and advertising injury" caused as described in SECTION III - LIMITS OF IN- by an offense which: SURANCE. COVERAGE B. PERSONAL AND ADVERTISING (1) Was committed during the "coverage INJURY LIABILITY term"; and 1. Insuring Agreement Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 7 of 22 (2) Was not, prior to the "coverage term", known by you, per Paragraph 1.d. below, to have been committed; includes any continuation, change or re- sumption of that offense after the end of the "coverage term" in which it first be- came known by you. d. You will be deemed to know that a "per- sonal and advertising injury" offense has been committed at the earliest time when any "authorized representative": (1) Reports all, or any part, of the "per- sonal and advertising injury" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; (3) First observes, or reasonably should have first observed, the offense that caused the "personal and advertis- ing injury"; (4) Becomes aware, or reasonably should have become aware, by any means, other than as described in (3) above, that the offense had been committed or had begun to be com- mitted; or (5) Becomes aware, or reasonably should have become aware, of a condition from which "personal and advertising injury" is substantially certain to occur. 2. Exclusions This insurance does not apply to: a. Knowing Violation of Rights of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge of Falsity "Personal and advertising injury" arising out of oral or written publication of mate- rial, if done by or at the direction of the in- sured with knowledge of its falsity. c. Material Published Prior to Coverage Term (1) The inception of this Coverage Part; or (2) The "coverage term" in which insur- ance coverage is sought. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising 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: (1) That the insured would have in the absence of the contract or agree- ment; or (2) Assumed in a contract or agreement that is an "insured contract", pro- vided the "personal and advertising injury" is caused by or arises out of an offense committed subsequent to the execution of the contract or agreement. When a claim for such "personal and advertising injury" is made, we will defend that claim, pro- vided the insured has assumed the obligation to defend such claim in the "insured contract". Such defense payments will not reduce the limits of insurance. f. Breach of Contract "Personal and advertising injury" arising out of a breach of contract, except an im- plied contract to use another's advertising idea in your "advertisement". g. Quality or Performance of Goods - Failure to Conform to Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "ad- vertisement". h. Wrong Description of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". "Personal and advertising injury" arising i. Infringement of Copyright, Patent, out of oral or written publication of mate- Trademark or Trade Secret rial whose first publication took place be- fore the later of the following: "Personal and advertising injury" arising out of the infringement of copyright, pat - Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 8 of 22 ent, trademark, trade secret or other in- tellectual property rights. However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. Insureds in Media and Internet Type Businesses "Personal and advertising injury" com- mitted by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web -sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 17. a., b. and c. of "personal and advertising injury" under SECTION V - DEFINITIONS. For the purposes of this exclusion, the placing of frames, borders or links, or ad- vertising, for you or others anywhere on the Internet is not, by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board any insured hosts, owns, or over which any insured exercises control. I. Unauthorized Use of Another's Name or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's poten- tial customers. m. Employment Related Practices "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Other employment -related prac- tices, policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evaluation, failure to promote, reassignment, discipline, defa- mation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a conse- quence of "personal and advertising injury" to that person at whom any of the employment -related practices described in Paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other ca- pacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. n. Pollutant "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollut- ants" at any time. o. Pollutant -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or as- sessing the effects of, "pollutants". p. Asbestos "Personal and advertising injury" arising out of, attributable to, or any way related to asbestos in any form or transmitted in any manner. q. Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit", if that additional insured knew, per the following paragraph, that a "per- sonal and advertising injury" offense had been committed or had begun to be committed, in whole or in part, prior to the "coverage term" in which such offense Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 9 of 22 was committed or began to be commit- "Personal and advertising injury" arising ted. directly or indirectly out of any action or An additional insured added by attach- omission that violates or is alleged to violate: ment of an endorsement to this Coverage Part will be deemed to have known that a a. The Telephone Consumer Protection "personal and advertising injury" offense Act (TCPA), including any amend - has been committed or has begun to be ment of or addition to such law; or committed at the earliest time when that additional insured, or any one of its own- b. The CAN-SPAM Act of 2003, includ- ers, members, partners, managers, ex- ing any amendment of or addition to ecutive officers, "employees" assigned to such law; or manage that additional insured's insur- c. Any statute, ordinance or regulation, ance program, or "employees" assigned other than the TCPA or CAN-SPAM to give or receive notice of an "occur- Act of 2003, that prohibits or limits the rence , personal and advertising injury sending, transmitting, communicating offense, claim or "suit": or distribution of material or informa- (1) Reports all, or any part, of the "per- tion. sonal and advertising injury" to us or COVERAGE C. MEDICAL PAYMENTS any other insurer; 1. Insuring Agreement (2) Receives a written or verbal demand or claim for damages because of the a. We will pay medical expenses as de - "personal and advertising injury"; scribed below for "bodily injury" caused by an accident: (3) First observes, or reasonably should have first observed, the offense that (1) On premises you own or rent; caused the "personal and advertis- ing injury"; 2 On ways next to remises you own () y p or rent; or (4) Becomes aware, or reasonably should have become aware, by any (3) Because of your operations; means other than as described in (3) provided that: above, that the "personal and adver- tising injury" offense had been com- (1) The accident takes place in the mitted or had begun to be commit- "coverage territory" and during the ted; or policy period; (5) Becomes aware, or reasonably (2) The expenses are incurred and re - should have become aware, of a ported to us within three years of the condition from which "personal and date of the accident; and advertising injuryis substantially certain to occur. (3) The injured person submits to ex- amination, at our expense, by physi- r. War cians of our choice as often as we reasonably require. Personal and advertising injury", how - ever caused, arising, directly or indirectly, b. We will make these payments regardless out of: of fault. These payments will not exceed the applicable limit of insurance. We will (1) War, including undeclared or civil pay reasonable expenses for: war; (1) First aid administered at the time of (2) Warlike action by a military force, in- an accident; cluding action in hindering or de- fending against an actual or ex- (2) Necessary medical, surgical, x-ray pected attack, by any government, and dental services, including pros - sovereign or other authority using thetic devices; and military personnel or other agents; or (3) Necessary ambulance, hospital, (3) Insurrection, rebellion, revolution, professional nursing and funeral usurped power, or action taken by services. governmental authority in hindering or defending against any of these. 2. Exclusions s. Distribution of Material in Violation of We will not pay expenses for "bodily injury": Statutes Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 10 of 22 a. Any Insured cluding actual loss of earnings up to $250 a day because of time off from work. To any insured, except "volunteer work- ers". 5. All costs taxed against the insured in the "suit". b. Hired Person 6. Prejudgment interest awarded against the To a person hired to do work for or on insured on that part of the judgment we be - behalf of any insured or a tenant of any come obligated to pay and which falls within insured. the applicable limit of insurance. If we make c. Injury on Normally Occupied Premises an offer to pay the applicable limit of insur- ance, we will not pay any prejudgment interest To a person injured on that part of prem- based on that period of time after the offer. ises you own or rent that the person nor- mally occupies. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and d. Workers' Compensation and Similar before we have paid, offered to pay, or de - Laws posited in court the part of the judgment that is within the applicable limit of insurance. To a person, whether or not an "em- ployee" of any insured, if benefits for the These payments will not reduce the limits of insur- "bodily injury" are payable or must be ance. provided under a workers' compensation or disability benefits law or a similar law. SECTION II - WHO IS AN INSURED e. Athletic Activities 1. If you are designated in the Declarations as: To any person injured while officiating, a. An individual, you and your spouse are coaching, practicing for, instructing or insureds, but only with respect to the participating in any physical exercises or conduct of a business of which you are games, sports, or athletic contests or ex- the sole owner. hibitions of an athletic or sports nature. b. A partnership or joint venture, you are an f. Products -Completed Operations Haz- insured. Your members, your partners, and and their spouses are also insureds, but only with respect to the conduct of your Included within the "products -completed business. operations hazard". c. A limited liability company, you are an in- g. Coverage A Exclusions sured. Your members are also insureds, but only with respect to the conduct of Excluded under COVERAGE A. BODILY your business. Your managers are in - INJURY AND PROPERTY DAMAGE LI- sureds, but only with respect to their du- ABILITY. ties as your managers. SUPPLEMENTARY PAYMENTS - COVERAGES d. An organization other than a partnership, A AND B joint venture or limited liability company, We will pay, with respect to any claim we investi- you are an insured. Your "executive offi- gate or settle, or any "suit" against an insured we cers" and directors are insureds, but only defend: with respect to their duties as your offi- cers or directors. Your stockholders are 1. All expenses we incur. also insureds, but only with respect to 2. Up to $250 for cost of bail bonds required be- their liability as stockholders. cause of accidents or traffic law violations e. A trust, you are an insured. Your trustees arising out of the use of any vehicle to which are also insureds, but only with respect to the Bodily Injury Liability Coverage applies. their duties as trustees. We do not have to furnish these bonds. 2. Each of the following is also an insured: 3. The cost of bonds to release attachments, but only for bond amounts within the applicable a. Your "volunteer workers" only while per - limit of insurance. We do not have to furnish forming duties related to the conduct of these bonds. your business, or your "employees", other than either your "executive officers" 4. All reasonable expenses incurred by the in- (if you are an organization other than a sured at our request to assist us in the inves- partnership, joint venture or limited liability tigation or defense of the claim or "suit", in- company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 11 of 22 you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and ad- vertising injury": (a) To you, to your partners or members (if you are a partner- ship or joint venture), to your members (if you are a limited li- ability 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 Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her provid- ing or failing to provide profes- sional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is being exer- cised for any purpose by, you, any of your "employees", "vol- unteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organiza- tion while acting as your real estate man- ager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that prop- erty; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, 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 organiza- tion. However: a. Insurance under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to "bodily injury" or "property damage" that occurred before you ac- quired or formed the organization; and c. COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY does not apply to "personal and advertising injury" arising out of an offense committed be- fore you acquired or formed the organi- zation. No person or organization is an insured with re- spect to the conduct of any current or past part- nership, joint venture or limited liability company that is not shown as a Named Insured in the Dec- larations. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. a. The General Aggregate Limit is the most we will pay for the sum of: (1) Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; (2) Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- ages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and (3) Damages under COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY. This General Aggregate Limit will not ap- ply if either the Location General Aggre- Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 12 of 22 gate Limit of Insurance, Paragraph 2.b., your behalf at the same location for or the Construction Project General Ag- the same persons or organizations, gregate Limit of Insurance, Paragraph no matter how often or under how 2.c. applies. many different contracts, will be deemed to be a single construction b. A separate Location General Aggregate project. Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the 3. The Products -Completed Operations Aggre- Declarations, shall apply to each location gate Limit is the most we will pay under COV- owned by, or rented or leased to you and ERAGE A. BODILY INJURY AND PROP - is the most we will pay for the sum of: ERTY DAMAGE LIABILITY for damages be- cause of "bodily injury" and "property dam- (1) Damages under COVERAGE A. age" included in the "products -completed op - BODILY INJURY AND PROPERTY erations hazard". DAMAGE LIABILITY, except dam- ages because of "bodily injury" or 4. Subject to 2.a. above, the Personal and Ad - "property damage" included in the vertising Injury Limit is the most we will pay "products -completed operations under COVERAGE B. PERSONAL AND AD - hazard"; and VERTISING INJURY LIABILITY for the sum of all damages because of all "personal and ad- (2) Medical expenses under COVER- vertising injury" sustained by any one person AGE C. MEDICAL PAYMENTS, or organization. which can be attributed to operations at 5. Subject to 2. or 3. above, whichever applies, only a single location owned by, or rented the Each Occurrence Limit is the most we will or leased to you. pay for the sum of: c. A separate Construction Project General a. Damages under COVERAGE A. BODILY Aggregate Limit of Insurance, equal to INJURY AND PROPERTY DAMAGE Li- the amount of the General Aggregate ABILITY; and Limit shown in the Declarations, shall ap- ply to each construction project and is the b. Medical expenses under COVERAGE C. most we will pay for the sum of: MEDICAL PAYMENTS; (1) Damages under COVERAGE A. because of all "bodily injury" and "property BODILY INJURY AND PROPERTY damage" arising out of any one "occurrence". DAMAGE LIABILITY, except dam- ages because of bodily injury or 6. Subject to 5. above, the Dama a to Premises 1 g "property damage" included in the Rented to You Limit is the most we will pay "products -completed operations under COVERAGE A. BODILY INJURY AND hazard"; and PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any (2) Medical expenses under COVER- one premises, while rented to you, or in the AGE C. MEDICAL PAYMENTS; case of damage by fire or explosion, while rented to you or temporarily occupied by you which can be attributed only to ongoing with permission of the owner. operations and only at a single construc- tion project. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under COVER- d. Only for the purpose of determining which AGE C. MEDICAL PAYMENTS for all medical General Aggregate Limit of Insurance, expenses because of "bodily injury" sustained 2.a., 2.b., or 2.c., applies: by any one person. (1) Location means premises involving The Limits of Insurance of this Coverage Part ap- the same or connecting lots, or ply separately to each "coverage term". premises, whose connection is inter- rupted only by a street, roadway, SECTION IV - COMMERCIAL GENERAL LI- waterway or right-of-way of a rail- ABILITY CONDITIONS road. 1. Bankruptcy (2) Construction project means a loca- tion you do not own, rent or lease Bankruptcy or insolvency of the insured or of where ongoing improvements, al- the insured's estate will not relieve us of our terations, installation, demolition or obligations under this Coverage Part. maintenance work is performed by 2. Duties in the Event of Occurrence, Offense, you or on your behalf. All connected Claim or Suit ongoing improvements, alterations, installation, demolition or mainte- a. You must see to it that we are notified as nance work performed by you or on soon as practicable of an "occurrence" or Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 13 of 22 a "personal and advertising injury" of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date re- ceived; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investiga- tion or settlement of the claim or de- fense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of in- jury or damage to which this insur- ance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any ex- pense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or under the terms of this Coverage Part or that are in excess of the applicable limit of insur- ance. An agreed settlement means a settle- ment and release of liability signed by us, the insured and the claimant or the claimant's le- gal representative. 4. Liberalization If, within 60 days prior to the beginning of this Coverage Part or during the policy period, we make any changes to any forms or endorse- ments of this Coverage Part for which there is currently no separate premium charge, and that change provides more coverage than this Coverage Part, the change will automatically apply to this Coverage Part as of the latter of: a. The date we implemented the change in your state; or b. The date this Coverage Part became ef- fective; and will be considered as included until the end of the current policy period. We will make no additional premium charge for this additional coverage during the interim. 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COV- ERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Cover- age, Builder's Risk, Installation Risk or similar insurance for "your work"; b. To sue us on this Coverage Part unless (b) That is Fire or Explosion insur- all of its terms have been fully complied ance for premises rented to you with. or temporarily occupied by you A person or organization may sue us to re - with permission of the owner; cover on an agreed settlement or on a final (c) That is insurance purchased by judgment against an insured; but we will not you to cover your liability as a be liable for damages that are not payable tenant for "property damage" to Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 14 of 22 premises rented to you or tem- shown in the Declarations of this Cover- porarily occupied by you with age Part. permission of the owner; or c. Method of Sharing (d) If the loss arises out of the maintenance or use of aircraft, If all of the other insurance permits con - "autos" or watercraft to the ex- tribution by equal shares, we will follow tent not subject to SECTION I - this method also. Under this approach COVERAGES, COVERAGE A. each insurer contributes equal amounts BODILY INJURY AND PROP- until it has paid its applicable limit of in- ERTY DAMAGE LIABILITY, 2. surance or none of the loss remains, Exclusions, g. Aircraft, Auto or whichever comes first. Watercraft. If any of the other insurance does not (2) Any other primary insurance avail- permit contribution by equal shares, we able to the insured covering liability will contribute by limits. Under this for damages arising out of the method, each insurer's share is based on premises or operations, or the prod- the ratio of its applicable limit of insurance ucts and completed operations, for to the total applicable limits of insurance which the insured has been added of all insurers. as an additional insured by attach- 6. Premium Audit ment of an endorsement. (3) Any other insurance: a. We will compute all premiums for this Coverage Part in accordance with our (a) Whether primary, excess, con- rules and rates. tingent or on any other basis, b. Premium shown in this Coverage Part as except when such insurance is advance premium is a deposit premium written specifically to be excess only. At the close of each audit period we over this insurance; and will compute the earned premium for that (b) That is a consolidated (wrap-up) period and send notice to the first Named insurance program which has Insured. The due date for audit and ret- been provided by the prime rospective premiums is the date shown contractor/project manager or as the due date on the bill. If: owner of the consolidated proj- (1) The earned premium is less than the ect in which you are involved. deposit premium, we will return the When this insurance is excess, we will excess to the first Named Insured; or have no duty under COVERAGE A. (2) The earned premium is greater than BODILY INJURY AND PROPERTY the deposit premium, the difference DAMAGE LIABILITY or COVERAGE B. will be due and payable to us by the PERSONAL AND ADVERTISING IN- first Named Insured upon notice from JURY LIABILITY to defend the insured us. against any "suit" if any other insurer has a duty to defend the insured against that c. The first Named Insured must keep rec- "suit". If no other insurer defends, we will ords of the information we need for pre - undertake to do so, but we will be entitled mium computation, and send us copies at to the insured's rights against all those such times as we may request. other insurers. 7. Representations When this insurance is excess over other insurance, we will pay only our share of By accepting this Coverage Part, you agree: the amount of the loss, if any, that ex- a. The statements in the Declarations are ceeds the sum of: accurate and complete; (1) The total amount that all such other b. Those statements are based upon repre- insurance would pay for the loss in sentations you made to us; and the absence of this insurance; and (2) The total of all deductible and self- c. We have issued this Coverage Part in re- insured amounts under all that other liance upon your representations. insurance. 8. Separation of Insureds We will share the remaining loss, if any, Except with respect to the Limits of Insurance, with any other insurance that is not de- and any rights or duties specifically assigned scribed in this Excess Insurance provi- in this Coverage Part to the first Named In- sion and was not bought specifically to sured, this insurance applies: apply in excess of the Limits of Insurance Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 15 of 22 a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 9. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 10. Two or More Coverage Forms or Policies Issued by Us If this Coverage Part and any other Coverage Form, Coverage Part or policy issued to you by us or any company affiliated with us apply to the same 'occurrence" or "personal and advertising injury" offense, the aggregate maximum limit of insurance under all the Cov- erage Forms, Coverage Parts or policies shall not exceed the highest applicable limit of in- surance under any one Coverage Form, Cov- erage Part or policy. This condition does not apply to any Coverage Form, Coverage Part or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Part. (1) An individual, you and your spouse are "authorized representatives". (2) A partnership or joint venture, your members, your partners, and their spouses are "authorized representa- tives". (3) A limited liability company, your members and your managers are "authorized representatives". (4) An organization other than a part- nership, joint venture or limited liabil- ity company, your "executive offi- cers" and directors are "authorized representatives". Provided you are not a publicly traded organization, your stockholders are also "author- ized representatives". (5) A trust, your trustees are "authorized representatives". b. Your "employees": (1) Assigned to manage your insurance program; or (2) Responsible for giving or receiving notice of an 'occurrence", "personal and advertising injury" offense, claim or "suit"; are also "authorized representatives". 11. When We Do Not Renew 3. "Auto" means: If we decide not to renew this Coverage Part, a. A land motor vehicle, trailer or semitrailer we will mail or deliver to the first Named In- designed for travel on public roads, in- sured shown in the Declarations written notice cluding any attached machinery or of the nonrenewal not less than 30 days be- equipment; or fore the expiration date. b. Any other land vehicle that is subject to a If notice is mailed, proof of mailing will be suf- compulsory or financial responsibility law ficient proof of notice. or other motor vehicle insurance law in SECTION V - DEFINITIONS the state where it is licensed or principally garaged. 1. "Advertisement' means a notice that is broad- However, "auto" does not include "mobile cast, telecast or published to the general pub- equipment'. lic or specific market segments about your goods, products or services for the purpose of 4. "Bodily injury" means bodily injury, sickness or attracting customers or supporters. "Adver- disease sustained by a person, including tisement" includes a publicity article. For pur- death resulting from any of these at any time. poses of this definition: 5. "Coverage term" means the following individ- a. Notices that are published include mate- ual increment, or if a multi -year policy period, rial placed on the Internet or on similar increments, of time, which comprise the policy electronic means of communication; and period of this Coverage Part: b. Regarding web -sites, only that part of a a. The year commencing on the Effective web -site that is about your goods, prod- Date of this Coverage Part at 12:01 AM ucts or services for the purposes of at- standard time at your mailing address tracting customers or supporters is con- shown in the Declarations, and if a multi- sidered an "advertisement'. year policy period, each consecutive an- 2. "Authorized representative" means: nual period thereafter, or portion thereof if any period is for a period of less than 12 a. If you are designated in the Declarations months, constitute individual "coverage as: terms". The last "coverage term" ends at Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 16 of 22 12:00 AM standard time at your mailing address shown in the Declarations on the earlier of: (1) The day the policy period shown in the Declarations ends; or (2) The day the policy to which this Cov- erage Part is attached is terminated or cancelled. b. However, if after the issuance of this Coverage Part, any "coverage term" is extended for an additional period of less than 12 months, that additional period of time will be deemed to be part of the last preceding "coverage term". 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" of- fenses that take place through the Internet or similar electronic means of communication, provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement to which we agree. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically con- trolled equipment. 8. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". 10. "Hostile fire" means one which becomes un- controllable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be de- fective, deficient, inadequate or danger- ous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "property damage" by fire or explosion to premises while rented to you or temporarily occu- pied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, ex- cept in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agree- ment pertaining to your business (includ- ing 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", "property damage" or "personal and advertising injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: 9. "Executive officer" means a person holding (1) That indemnifies a railroad for "bodily any of the officer positions created by your injury", "property damage" or "per - charter, constitution, by-laws or any other sonal and advertising injury" arising similar governing document. out of construction or demolition op- erations, within 50 feet of any rail - Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 17 of 22 road property and affecting any rail- road bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engi- neer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; or 13 (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (3) Under which the insured, if an archi- tect, engineer or surveyor, assumes liability for an injury or damage aris- ing out of the insured's rendering or failure to render professional serv- ices, including those listed in Para- graph (2) above and supervisory, in- spection, architectural or engineering activities; (4) That indemnifies an advertising, pub- lic relations or media consulting firm for "personal and advertising injury" arising out of the planning, execution or failure to execute marketing com- munications programs. Marketing communications programs include but are not limited to comprehensive marketing campaigns; consumer, trade and corporate advertising for all media; media planning, buying, monitoring and analysis; direct mail; promotion; sales materials; design; presentations; point -of -sale materi- als; market research; public relations and new product development; (5) Under which the insured, if an adver- tising, public relations or media con- sulting firm, assumes liability for "personal and advertising injury" arising out of the insured's rendering or failure to render professional services, including those services listed in Paragraph (4), above; (6) That indemnifies a web -site designer or content provider, or Internet search, access, content or service provider for injury or damage arising out of the planning, execution or fail- ure to execute Internet services. Internet services include but are not limited to design, production, distri- bution, maintenance and administra- tion of web -sites and web -banners; hosting web -sites; registering do- main names; registering with search engines; marketing analysis; and providing access to the Internet or other similar networks; or (7) Under which the insured, if a web - site designer or content provider, or Internet search, access, content or service provider, assumes liability for injury or damage arising out of the insured's rendering or failure to ren- der Internet services, including those listed in Paragraph (6), above. "Leased worker" means a person leased to you by a labor leasing firm under an agree- ment between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" includes su- pervisors furnished to you by the labor leasing firm. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a me- chanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the follow- ing types of land vehicles, including any at- tached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use princi- pally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, dig- gers or drills; or (2) Road construction or resurfacing equipment such as graders, scrap- ers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 18 of 22 permanently attached equipment of the following types: (1) Air compressors, pumps and gen- erators, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not con- struction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and gen- erators, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment. However, "mobile equipment" does not in- clude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehi- cle insurance law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substan- tially the same general harmful conditions. 17. "Personal and advertising injury" means in- jury, including consequential "bodily injury", arising out of one or more of the following of- fenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; d. Oral or written publication, in any manner, of material that slanders or libels a per- son or organization or disparages a per- son's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 18. "Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, petroleum, petroleum products and petroleum by-products, and waste. Waste includes materials to be recycled, re- conditioned or reclaimed. "Pollutants" include but are not limited to substances which are generally recognized in industry or govern- ment to be harmful or toxic to persons, prop- erty or the environment regardless of whether the injury or damage is caused directly or indi- rectly by the "pollutants" and whether: a. The insured is regularly or otherwise en- gaged in activities which taint or degrade the environment; or b. The insured uses, generates or produces the "pollutant". 19. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been com- pleted or abandoned. However, "your work" will be deemed com- pleted at the earliest of the following times: (a) When all of the work called for in your contract has been com- pleted; or (b) When all of the work to be done at the job site has been com- pleted if your contract calls for work at more than one job site; or c. The wrongful eviction from, wrongful entry (c) When that part of the work done into, or invasion of the right of private oc- at a job site has been put to its cupancy of a room, dwelling or premises intended use by any person or that a person occupies, committed by or organization other than another on behalf of its owner, landlord or lessor; contractor or subcontractor working on the same project. Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 19 of 22 Work that may need service, main- tenance, correction, repair or re- placement, but which is otherwise complete, will be treated as com- pleted. b. Does not include "bodily injury" or "prop- erty damage" arising out of: (1) The transportation of property, un- less the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "load- ing or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declara- tions or in a schedule, states that products -completed operations are included. 20. "Property damage" means: a. Physical injury to tangible property, in- cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physi- cal injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the 'occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 21. "Suit' means a civil proceeding in which money damages because of "bodily injury", "property damage" or "personal and advertis- ing injury" to which this insurance applies are alleged. "Suit' includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent; or c. An appeal of a civil proceeding. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compen- sation by you or anyone else for their work performed for you. 24. "Workplace" means that place and during such hours to which the "employee" sustain- ing "bodily injury" was assigned by you, or any other person or entity acting on your be- half, to work on the date of 'occurrence". 25. "Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment fur- nished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fit- ness, quality, durability, performance or use of "your product'; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 26. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment fur- nished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fit- ness, quality, durability, performance or use of "your work"; and 23. "Volunteer worker" means a person who is (2) The providing of or failure to provide not your "employee", and who donates his or warnings or instructions. Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 20 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an insured un- der this Coverage Part is also an in- sured under a nuclear energy liability policy issued by Nuclear Energy Li- ability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous prop- erties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this Coverage Part not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, un- der any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazard- ous properties" of "nuclear material' and arising out of the operation of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of "nu- clear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or oper- ated by or on behalf of, an insured, or (b) has been discharged or dis- persed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, proc- essed, stored, transported or dis- posed of, by or on behalf of an in- sured; or (3) The "bodily injury" or "property dam- age" arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such fa- cility is located within the United States of America, its territories or possessions or Canada, this Exclu- sion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. As used in this exclusion: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by-product ma- terial". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear re- actor". "Waste" means any waste material (a) con- taining "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: A. Any "nuclear reactor"; B. Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; C. Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is lo- cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 21 of 22 D. Any structure, basin, excavation, prem- ises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of ra- dioactive contamination of property. Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 22 of 22 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule BLANKET WAIVER OF SUBROGATION IF YOU ARE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT, WHICH IS EXECUTED BEFORE A LOSS, TO WAIVE YOUR RIGHTS OF RECOVERY FROM OTHERS, WE AGREE TO WAIVE OUR RIGHTS OF RECOVERY. THIS WAIVER OF RIGHTS APPLIES TO ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER, BUT SHALL NOT BE CONSTRUED TO BE A WAIVER WITH RESPECT TO ANY OTHER OPERATIONS IN WHICH THE INSURED HAS NO CONTRACTUAL INTEREST. This endorsement changes the policy to which it is attached and is effective on the date issued unless other- wise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Insured Insurance Company Premium $ Incl. Countersigned by Endorsement No. WC000313 ©1983 National Council on Compensation Insurance. CERTIFICATE OF LIABILITY INSURANCE DATE ( 03/13/202/23 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-300-0325 Holmes Murphy & Associates - CR CONTACT NAME: Leslie Babcock PHONE FAX A/C No Ext : A/C No), EMAIL lbabcock@holmesmurphy.com ADDRESS: P Y•com 201 First Street SE, Suite 700 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:XL SPECIALTY INS CO 37885 Cedar Rapids, IA 52401 INSURED INSURER B : RDG Planning & Design INSURER C INSURERD: 301 Grand Avenue INSURER E : INSURERF: Des Moines, IA 50309 COVERAGES CERTIFICATE NUMBER: 68075978 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1:1 OCCUR DAMAGE PREM SESOEa oNcur ence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO - POLICY ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/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 $ A Professional Liability DPR5001194 09/01/22 09/01/23 Per Claim 3,000,000 Claims Made Annual Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Name: Dubuque - River Ctr Parking Lighting Project Number: P3005.984.00 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dubuque, Iowa THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2200 Bunker Hill Road AUTHORIZED REPRESENTATIVE Dubuque, IA 52001-3010;�i'r.�G USA ACORD 25 (2016/03) MTrotterCR 68075978 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THE C DUUB�QFEI Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager Dubuque AII•AnOca CRY 2007-2012-2013 2017*2019 SUBJECT: Grand River Center Parking Garage Lighting System Design and Replacement Project DATE: April 29, 2023 INTRODUCTION The purpose of this memorandum is to request authorization for lighting design and consulting services for the parking garage lighting system at Grand River Center. BACKGROUND The Grand River Center parking garage currently utilizes a twenty (20) year -old metal halide (MH) lighting system original to the building. Project and Facilities Manager Jared Charland met with consultant RDG Planning and Design to evaluate the current lighting system and recommend safety and efficiency upgrades. DISCUSSION The legacy MH system is not as energy efficient as today's light emitting diode (LED) technology. Metal halide bulbs contain mercury and are subject to the current EPA Toxicity Characteristic Leaching Procedure (TCLP) disposal criteria. Out of the current 82 fixtures, 54 of them are burned out or not functioning causing safety and security concerns. LED bulbs have a substantially longer life span than legacy MH bulbs. Unlike MH, LEDs can turn on instantly, be dimmed during times of low traffic to conserve power, then return to full brightness when motion is detected. Modern fixtures contain integral motion sensors in each lighting fixture, allowing the lighting controls to be self- contained, eliminating the need for employees to manually turn the lighting on and off, further enhancing safety and energy conservation. RDG evaluated the parking garage and quoted $8,000 to design and manage construction services for the lighting upgrade project plus up to $500 reimbursable. The project itself would be bid with the design provided by RDG and they would provide oversight for the installation of the new system. BUDGETIMPACT There is funding available in CIP 304-33-0000-76-750-3370-00-02-64070 (Project # 3346000004) Grand River Center Energy Improvements. ACTION REQUESTED I respectfully request authorization to move this project forward using the funding outlined and request your signature on the attached proposal and short form contract. Prepared by Jared Charland, Project and Facilities Manager Attachment: RDG proposal & short form contract 4