Agenda 04/22/2025 Item #16C 2 (Ratify Change Order No. 1 to Agreement 22-8042 with AIM Engineering for Golden Gate City Water Main Improvements, adding $178K, 135 days, and reallocating funds)4/22/2025
Item # 16.C.2
ID# 2025-1044
Executive Summary
Recommendation that Board of County Commissioners, as ex-officio the Governing Board of the Collier County Water-
Sewer District, ratify administratively approved Change Order No. 1, providing for an increase in the contract amount of
$178,222.50, from $1,817,423.25 to $1,995,645.75, a time extension of 135 days, the reallocation of funds within
existing Tasks under Agreement No. 22-8042, “CEI Services for Golden Gate City Transmission Water Main
Improvements” with AIM Engineering and Surveying, Inc., and authorize the Chairman to sign the attached Change
Order. (Projects 51029 and 70253)
OBJECTIVE: To ratify administratively approved Change Order No. 1 providing for an increase in the contract
amount of $178,222.50 from $1,817,423.25 to $1,995,645.75, a time extension of 135 days, and the reallocation of
funds within existing Tasks.
CONSIDERATIONS: On March 28, 2023 (Agenda Item 11.B), the Board approved Agreement No. 22-8042 (the
“Agreement”) with, AIM Engineering and Surveying, Inc. (“AIM”) for the CEI Services for Golden Gate City
Transmission Water Main Improvements Project in the amount of $1,817,423.25.
Plans to expand potable water services to Golden Gate City residents require installation of a transmission water system.
Approximately 70% of Golden Gate City is currently served by the Collier County Water-Sewer District’s regional
water system with approximately 30% serviced by private wells. The first step in expanding service within Golden Gate
City is to construct transmission water mains throughout and around Golden Gate City. These transmission water mains
will connect to the regional water mains on Collier Boulevard and Santa Barbara Boulevard/Radio Road. Stormwater
improvements within the transmission water main project area are also being completed in locations where the proposed
transmission water main crosses the existing stormwater infrastructure within the right of way. This work includes
replacing the aging stormwater pipe and drainage structures.
Change Order No. 1 includes:
• Addition of new funds to Task 1 - Construction Observation and Documentation in the amount of $89,111.25
• Addition of new funds to Task 2 - Construction Inspector and Project Oversight in the amount of $89,111.25.
• Additional 135 days to the contract time.
• Reallocation of unused funds from Task 3 - Additional Services to Tasks 1 & 2.
Fees Breakdown for Task 1, 2 &3
Task Description Current Balance Additional funds
per CO#1
Reallocation
Request per CO#1
Revised fund per
CO #1
Fee
Type
1 Construction
Observation and
Documentation
$881,186.25 $89,111.25 $25,010.75 $995,308.25 NTE
2 Construction
Inspector and Project
Oversight
$881,215.50 $89,111.25 $25,010.75 $995,337.50 NTE
3 Additional Services $50,021.50 $0.00 ($50,021.50) $0.00 NTE
The total amount of additional CEI funds associated with Change Order No. 1 to be added to the Agreement is
$178,222.50. Since funds under Task 3 will not be needed for the remainder of the project, they are included as a
reallocation into Tasks 1 and 2 with this agenda item. The total additional funding for Tasks 1 and 2 and the additional
135 days are necessary to line up the respective construction contract time that the CEI will oversee on the underground
utility work performed by the contractors.
Page 2677 of 6355
4/22/2025
Item # 16.C.2
ID# 2025-1044
This item is consistent with the Infrastructure and Asset Management element of the Collier County Strategic Plan
objectives.
This item is consistent with the Collier County strategic plan objective to plan and build public infrastructure and
facilities to effectively, efficiently, and sustainably meet the needs of our community. It is further in support of the
Infrastructure and Asset Management Strategic Focus Area’s objectives to optimize the useful life of all public
infrastructure resources through proper planning and preventative maintenance as well as use the Annual Update and
Inventory Report and other planning tools to establish and implement plans that concurrently provide public
infrastructure.
FISCAL IMPACT: The source of funding is the Water and Sewer Revenue Bonds, Series 2021 (Fund 4019),
$165,746.92, Project 70253 and Stormwater Capital (Fund 3050), $12,475.58, Project 51029.
GROWTH MANAGEMENT IMPACT: This change order meets current Growth Management Plan standards to
ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. —SRT
RECOMMENDATIONS: Recommendation that Board of County Commissioners, as ex-officio the Governing Board
of the Collier County Water-Sewer District, ratify administratively approved Change Order No. 1, providing for an
increase in the contract amount of $178,222.50, from $1,817,423.25 to $1,995,645.75, a time extension of 135 days, the
reallocation of funds within existing Tasks under Agreement No. 22-8042, “CEI Services for Golden Gate City
Transmission Water Main Improvements” with AIM Engineering and Surveying, Inc., and authorize the Chairman to
sign the attached Change Order. (Projects 51029 and 70253)
PREPARED BY: Liz Gosselin, Project Manager II, Public Utilities Engineering and Project Management Division
ATTACHMENTS:
1. #22-8042 (AIM Engineering_Executed)
2. 4500224462_AIM Engineering_CO#1 CAO
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management 63Jz /a3
2. County Attorney Office County Attorney Office
44 91 a'3
4. BCC Office Board of County
Commissioners et 4 04( 37 S/Z3
4. Minutes and Records Clerk of Courts Office 611/4.k.
5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Ana Reynoso/Procurement Contact Information 239-252-8950
Contact/ Department
Agenda Date Item was March 28, 2023 Agenda Item Number 11.B.
Approved by the BCC
Type of Document CONTRACT Number of Original 1
Attached Documents Attached
PO number or account N/A 22-8042 AIM
number if document is AIM Engineering ENGINEERING
to be recorded Surveying, Inc. & SURVEYING,
INC.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate.
Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the AR
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 03/28/2023 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County Sit7frky an option for
Attorney's Office has reviewed the changes,if applicable. ibis line.
9. Initials of attorney verifying that the attached document is the version approved by the V/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the in option for
Chairman's signature. this line.
RECEIVED MAR 2 8 2023
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PROFESSIONAL SERVICES AGREEMENT
Contract# 22-8042
for
Construction Engineering and Inspection (CEI)Services for Golden Gate City Transmission Water Main Improvements Project"
ti
THIS AGREEMENT is made and entered into this 4 day of M ay-GU1 , 20 23 by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "COUNTY") and
AIM ENGINEERING & SURVEYING, INC. authorized to
do business in the State of Florida, whose business address is
2161 Fowler Street, Suite 100, Fort Myers FL 33901 hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning"Construction Engineering and Inspection (CEI) Services for Golden Gate City Transmission
Water Main Improvements Project" hereinafter referred to as the "Project"), said services in
accordance with the provisions of Section 287.055, Florida Statutes being more fully described in
Schedule A, "Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and;
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to
which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of
Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the
COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation",
which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all
such licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
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1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization or
other form of legal entitlement to practice such services, it shall employ and/or retain only qualified
personnel to provide such services to the COUNTY.
1.5. CONSULTANT designates Jadon Hull, PE, CGC a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the services to
be provided and performed under this Agreement. Further, the Project Coordinator has full authority
to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The
CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to
satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder.
The Project Coordinator shall not be removed by CONSULTANT from the Project without the
COUNTY's prior written approval, and if so removed must be immediately replaced with a person
acceptable to the COUNTY.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from
the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide
and perform services or work pursuant to the requirements of this Agreement, said request may be
made with or without cause. Any personnel so removed must be immediately replaced with a person
acceptable to the COUNTY.
1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional
services that will be performed pursuant to this Agreement and has extensive experience with projects
similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided
by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval
and shall be in accordance with the generally accepted standards of professional practice in the State
of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to
ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida
Building Code where applicable, which regulate or have jurisdiction over the Services to be provided
and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735
and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically
those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequestcolliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
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1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required
by the public agency to perform the service. If the Contractor transfers all public records
to the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify
the County in writing. Failure by the Contractor to comply with the laws referenced herein shall
constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate
this Agreement immediately.
1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY
of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution
of each such conflict. The COUNTYS approval of the design documents in no way relieves
CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful
construction of the Project.
1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for
the following: Tasks not completed within the expressed time frame, including required deliverables,
incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements
and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to
the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make
sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to
correct the deficiency within the specified timeframe, these funds would be forfeited by the
CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or
items necessary to correct the deficiencies directly related to the CONSULTANT'S non-performance
whether or not the COUNTY obtained substitute performance.
1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative
proceedings where such information has been properly subpoenaed, any non-public information
concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall
require all of its employees, agents, subconsultants and subcontractors to comply with the provisions
of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such
subpoenas.
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1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the
Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either
reference specific established Survey Monumentation, such as Certified Section Corners (Half or
Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time
Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming
conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement- EOP, etc.), and adhere to
industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this
Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed
in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services
shall be set forth in the Change Order or Amendment authorizing those Additional Services. With
respect to the individuals with authority to authorize Additional Services under this Agreement, such
authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at
the time such services are authorized. These services will be paid for by the COUNTY as indicated
in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via a Change Order or an Amendment to this Agreement prior
to starting such services. The COUNTY will not be responsible for the costs of Additional Services
commenced without such express prior written approval. Failure to obtain such prior written approval
for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of
the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change
in the Agreement is required because of the action taken by CONSULTANT in response to an
emergency, an Amendment shall be issued to document the consequences of the changes or
variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency
within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence.
Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right
it otherwise may have had to seek an adjustment to its compensation or time of performance under
this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic
Services, shall be Additional Services:
2.1.1 Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or advances
in connection with the Project.
2.1.2 Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's
schedule or character of construction; and revising studies, reports, design documents or Contract
Documents previously accepted by the COUNTY when such revisions are required by changes in
laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably
anticipated prior to the preparation of such studies, reports or documents, or are due to any other
causes beyond CONSULTANT's control and fault.
2.1.3 Providing renderings or models for the COUNTY's use.
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2.1.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; and evaluating processes available for licensing and assisting the
COUNTY in obtaining such process licensing.
2.1.5 Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT
and directed by the COUNTY, other than visits to the Project site or the COUNTY's office.
2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any
litigation, or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the
Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter referred
to as the "Project Manager"). The Project Manager shall have authority to transmit instructions,
receive information, interpret and define the COUNTY's policies and decisions with respect to
CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue
any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be
interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT hereunder;
b. The time the CONSULTANT is obligated to commence and complete all such services; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in accordance
with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's
requirements for the Project, including design objectives and constraints, space, capacity
and performance requirements, flexibility and expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's
disposal all available information in the COUNTY's possession pertinent to the Project,
including existing drawings, specifications, shop drawings, product literature, previous
reports and any other data relative to the Project;
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d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site
to perform the services to be provided by CONSULTANT under this Agreement; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY
with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution
of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion
of the Project and shall be performed and completed in accordance with the Project Milestone
Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect
to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its
own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs,
then CONSULTANT shall notify the COUNTY in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to have
waived any right which CONSULTANT may have had to request a time extension for that specific
delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT's services from any cause whatsoever, including those for which the
COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or
give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's
sole remedy against the COUNTY will be the right to seek an extension of time to its schedule
provided, however, the granting of any such time extension shall not be a condition precedent to the
aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for
early completion, as well as claims based on late completion. Provided, however, if through no fault
or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of
180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those
services that have not yet been performed, to reflect the incremental increase in costs experienced
by CONSULTANT, if any, as a result of such delays.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services
to be provided hereunder in a timely manner, in addition to any other rights or remedies available to
the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all
payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes
performance of its obligations hereunder in such a manner so as to reasonably establish to the
COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be
deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or
any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for services
rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of
Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee,
reserves the right to utilize any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material
invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's
Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time
spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours
times hourly rate), and for materials and equipment used in the project (cost of materials plus the
contractor's mark-up). This methodology is generally used in projects in which it is not possible to
accurately estimate the size of the project, or when it is expected that the project requirements would
most likely change. As a general business practice, these contracts include back-up documentation
of costs; invoices would include number of hours worked and billing rate by position (and not company
or subcontractor) timekeeping or payroll records), material or equipment invoices, and other
reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply
only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1
above. I I Dra t-Funded e eur-ly-fat s- #
ARTICLE SIX
THE OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings,
notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and
other technical data, other than working papers, prepared or developed by or for CONSULTANT under
this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of
such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely
responsible for all costs associated with delivering to the COUNTY the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY
to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive,
irrevocable license in all of the Project Documents for the COUNTY's use on this Project.
CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the
COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to
complete the Project following CONSULTANT's termination for any reason or to perform additions to
or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the
COUNTY may be making Project Documents available for review and information to various third
parties and hereby consents to such use by the COUNTY.
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern or
reflect its services hereunder. The records and documentation will be retained by CONSULTANT for
a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the
Project is completed, whichever is later, or such later date as may be required by law. The COUNTY,
or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right
to audit, inspect and copy all such records and documentation as often as they deem necessary during
the period of this Agreement and during the five (5) year period noted above, or such later date as
may be required by law; provided, however, such activity shall be conducted only during normal
business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or
anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph 8.1.
8.2. To the extent that the Agreement that the work pertains to a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein
shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the State
of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability
policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Board of County Commissioners,
OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an
additional insured as to the operations of CONSULTANT under this Agreement and shall
contain a severability of interests' provisions.
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9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the
COUNTY for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by the COUNTY applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf
of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by the
COUNTY, except such rights as they may have to the proceeds of such insurance held by any of
them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required
hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department of
Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of"Class VI" or
higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of
the services of any other person or firm by CONSULTANT, as independent consultant or otherwise,
shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall,
however, be construed as constituting an agreement between the COUNTY and any such other
person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third
party any claim or right of action against the COUNTY beyond such as may then otherwise exist
without regard to this Agreement.
10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the
Project to perform the Services required hereunder. Such personnel shall be committed to this Project
in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall
not be removed or replaced without the COUNTY's prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to
be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the
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CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement,
assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and
protect the rights of the COUNTY under this Agreement with respect to the Services to be performed
by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not
prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or
subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors.
10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each
contract entered into between CONSULTANT and each subconsultant or subcontractor, however
nothing in this Agreement shall be construed to create any contractual relationship between the
COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at
the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims,
except for insurance company subrogation claims, by it against the COUNTY arising out of this
Agreement or otherwise related to the Project, and except those previously made in writing in
accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time
of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the
COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default will
be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set
forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services
under the Agreement within the times specified under the Notice(s)to Proceed, or(b) CONSULTANT's
failure to properly and timely perform the services to be provided hereunder or as directed by the
COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by
CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's
failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's
failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just
cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the
CONSULTANT seven (7) calendar days written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
determined for any reason that CONSULTANT was not in default, or that its default was excusable,
or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in
paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to
be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies
against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under
paragraph 12.3, below.
12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination
for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of
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the fee earned through the date of termination, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including,
but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT
must mitigate all such costs to the greatest extent reasonably possible.
12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth and
described in this Agreement, including those described in Article 6, that are in CONSULTANT's
possession or under its control.
12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided
by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of
such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the
CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in
accordance with the procedures set forth in Article Four herein.
12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or(ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by
the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after giving
THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred and
twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or
subcontractor or their agents or employees or any other persons performing portions of the Services
under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving
written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY
does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice,
CONSULTANT may, upon fourteen (14) additional days'written notice to the COUNTY, terminate the
Agreement and recover from the COUNTY payment for Services performed through the termination
date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any
other damages from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated
herein as Schedule E, certifying that wage rates and other factual unit costs supporting the
compensation for CONSULTANT's services to be provided under this Agreement are accurate,
complete and current at the time of the Agreement. The CONSULTANT agrees that the original
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CAS'
Page 2690 of 6355
Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which
the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non-
current wage rates and other factual unit costs. All such adjustments shall be made within one (1)
year following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
hereunder. CONSULTANT further represents that no persons having any such interest shall be
employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party unless
in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to
the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal
Service Department, first class mail service, postage prepaid, addressed to the following the
COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Public Utilities Engineering & Project Management
Division Director: Matt McLean, PE
Address: 3339 Tamiami Trail East, Suite 303
Naples, FL 34112
Administrative Agent/PM: Liz Gosselin, Project Manager II
Telephone: 239) 252 1037
E-Mail(s): Liz.Gosselin(a CollierCountyFL.Gov
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the
CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
CONSULTANT's address of record:
Company Name: AIM ENGINEERING & SURVEYING, INC.
Address: 2161 Fowler Street, Suite 100
Fort Myers, FL 33901
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Page 2691 of 6355
Attention Name & Title: Bernard L. Flynn III, Vice President
Telephone:239) 332-4569
E-Mail(s): Iflynn(c aimengr.com /tlevyaimenqr.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY
and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof
shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to
be a waiver of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matter set forth herein, and any such
prior agreements or understanding shall have no force or effect whatever on this Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: N/A
Solicitation # 22-8042 including all Attachment(s), Exhibit(s) & Addendum
Consultant's Proposal
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Page 2692 of 6355
17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any
conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board
approved Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents
cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the
conflict shall be resolved by imposing the more strict or costly obligation under the Contract
Documents upon the CONSULTANT at the COUNTY's discretion.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida,
and by such laws, rules and regulations of the United States as made applicable to services funded
by the United States government. Any suit or action brought by either party to this Agreement against
the other party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto
and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude
any sums by which the COUNTY determines the compensation was increased due to inaccurate,
incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by
the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes
which read as follows:
A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
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ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full
decision-making authority and by the COUNTY's staff person who would make the presentation of
any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior
to the commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon
Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by
representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff
person who would make the presentation of any settlement reached at mediation to the COUNTY's
board for approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended, as well as the Florida state law requirements set forth
in Florida Statute, §448.095, as may be amended. Failure by the CONSULTANT to comply with
the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall
have the discretion to unilaterally terminate this Agreement immediately.
Signature page to follow this page]
Remainder of page intentionally left blank******
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA
Crystal K.'Kinzel, Cork of the Circuit
Court and Comptroller
I
l
By: By:
2]
3 Rick LoCastro
Date at, Chairman
A
signature only
A ved as m/and Legality:
p County Attorney
S4 Lli
Name
Consultant:
Consultant's Witnesses:
AIM ENGINEERING & SURVEYING, INC.
By:
Witne s
cue /}ec c ,4cunM1's ea;dJcae atC(104. Z. FIVA Vi ci Pres; kt+
Name and Title Name and Title
6:41
Wit es
ld C,2u i A-raJ • 'cixurs/4YAI?Lf
Name and Title
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Page 2695 of 6355
SCHEDULE A
SCOPE OF SERVICES
following this page (pages
1
through
5 )
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CAt:
Page 2696 of 6355
Request for Professional Services (RPS) #22-8042
Construction Engineering and Inspection (CEI) Services for Golden Gate City
Transmission Water Main Improvements Project"
EXHIBIT A
SCOPE OF SERVICES
The established Agreement will be with a Contractor to deliver a qualified CONSULTANT team to provide
Construction Engineering and Inspection Services(CEI) including,but not limited to,the following tasks:
Task 1.0—Construction Observation and Documentation
Task 2.0—Construction Inspector and Project Oversight
Task 3.0—Additional Services
Task 4.0—Miscellaneous Reimbursable expenses
DETAILED SCOPE OF WORK
Task 1.0—Construction Observation and Documentation
The CONSULTANTS's Construction Inspector (or activity observer) will provide the services outlined
below.
1.1 Construction and Testing Observation — The Construction Inspector will conduct on-site
observations and inspections of all construction and testing activities, including night work on the
project on a full-time basis unless directed otherwise by the Project Manager to ensure that all work
is completed in accordance with the Contract Documents. There will be at least one full-time
inspector for each phase. The Construction Inspector will inform the CEI Project Administrator
PA), and the on-site superintendent of the construction and testing contractor of any concerns
related to conformance of the work with the Contract Documents (a concern or an Issue); and will
attempt to resolve any concern or issue on-site. If the concern or issue is not immediately resolved
in the field,the PA shall inform the Engineer of Record(EOR)and the COUNTY in writing about
the concern or issue within eight(8) business hours, but not more than one (1)business day after
the discovery of any concern or issue. The EOR will be responsible for investigating the concern
or issue and resolving the same through a written directive to the Construction Contractor and so
inform the COUNTY and the PA in writing. This protocol will be initiated any time the
Construction Inspector becomes aware of any work that is unsatisfactory, faulty or defective, and
does not conform to the Contract Documents, does not meet the requirements of any inspections,
tests or approval required to be made, or has been damaged before final payment.
1.2 Log and Construction Documentation—Each Construction Inspector will prepare a Daily Work
Report recording activities and details related to the work on a form approved in advance by the
COUNTY. Information will be recorded in the daily work report on each day construction
activities occur or does not occur. The daily work report entries will record all aspects of the
construction during that day including, but not limited to: construction crew (labor) details,
equipment used, materials used, compliance testing and inspection performed, site conditions,
trench conditions,backfill material used,dewatering methods,compaction methods,location of the
work, work directives issued to the Contractor, and all relevant details related to the work. The
Daily Work Report will have attached a sample of digital photographs taken with appropriate file
names and file locations. All daily tasks completed by the Contractor will be photographed by the
Construction Inspector. In addition to the construction details,the daily work report will contain
Page 1 of 5
CA")
Page 2697 of 6355
Request for Professional Services (RPS)#22-8042
Construction Engineering and Inspection (CEI) Services for Golden Gate City
Transmission Water Main Improvements Project"
information related to: time and hours on the job site, weather conditions, data pertaining to
questions of quantities of materials used, extras or deductions, list of visiting officials and
representatives of manufacturers, fabricators, suppliers and distributors, observations in general
and short summary of work. Other specific observations and details such as test procedure
observations,conformance inspection of materials and fittings,name plate data for equipment and
material installed,and other information requested by the COUNTY will be included with the daily
work reports on applicable forms. The daily log, photograph files and other construction
documentation will be provided to the COUNTY by the CEI daily in an electronic file. Daily
Reports shall be distributed to the project team and uploaded to the file sharing interface no later
than close of business on the following workday.
1.3 Safety — The Construction Inspector shall immediately notify the PA and construction
superintendent of any safety related issues that are identified. If the safety issue is not resolved in
a timely manner, the PA shall immediately inform the COUNTY and engineer of record of any
instances where the Contractor is not following the proper safety procedures.
1.4 Photographic and Video Record — Each Construction Inspector will provide a comprehensive
digital photographic record of all construction activities related to the project. The digital file will
be referenced by number and date taken and will correspond to the daily work report. The
photograph will be labeled with the location,the date and time of the photograph and the direction
the photographer was facing. The digital files will be transferred electronically and submitted
weekly to the COUNTY along with the construction documentation. If requested by the Project
Manager,the photographs will be printed in high resolution color,two captioned photos per 8 '/2"
x 11"sheet, printed one side only. If requested by the COUNTY,video or parts of the video will
be provided in digital format and by e-mail.
1.5 General Coordination—The PA and Construction Inspector will coordinate all activities related to
the Project between the Construction Contractor, the Engineer of Record (EOR), the COUNTY,
and Public Information Officer. The Construction inspector will oversee substantial and final
completion inspections,and prepare and maintain the punch list,including follow-up inspections to
ensure that punch list items are corrected and/or completed. The Construction Inspector will also
coordinate, as directed by the PA and COUNTY,with residents, business owners, and the general
public. The County reserves the right to remove any Construction Inspectors from a project at any
time for failure to adhere to County policies and procedures.
1.6 Observe Regulatory Agency Inspections — The Construction Inspector will accompany visiting
inspectors representing any regulatory agencies having jurisdiction over the project and will record
all discussions and the outcome of these regulatory inspections in the daily work report.
1.7 Preparation of Monthly Report — CEI will work with the EOR to prepare the monthly
reports for this project. The CEI will specifically be supplying the Photos, Daily work
reports, Issue Resolution Log and the Owner Material Log
1.8 Construction Progress Meetings — The CEI will attend weekly progress meetings with the
construction contractor, EOR, and the COUNTY to review project status and identify issues that
may affect the project.
Page 2 of 5
G';I
Page 2698 of 6355
Request for Professional Services (RPS) #22-8042
Construction Engineering and Inspection (CEI) Services for Golden Gate City
Transmission Water Main Improvements Project"
1.9 Substantial Completion Inspections — The Construction Inspector will conduct substantial
completion inspections when requested by the Construction Contractor and the EOR recommends
that the work is sufficiently complete to warrant a substantial completion inspection. During the
substantial completion inspection,the Construction Inspector will take pictures and create a punch
list of all items requiring completion or correction and send them to the PA,EOR and the COUNTY.
The Construction Inspector will be responsible for inspecting the work required in the punch list.
Once the punch list is completed,the CEI will coordinate and participate in the final walk-through
to ensure that the punch-list items are completed to the satisfaction of the EOR and the COUNTY.
1.10 Final Completion Inspection—Upon the request of the Construction Contractor and concurrence of
the EOR and the COUNTY, the Construction Inspector will conduct final inspections of portions
of the project, as they are finished to determine if construction has been completed in accordance
with the Contract Documents and the Construction Contractor has fulfilled all obligations therein.
Based on the results of the final inspection,the EOR,COUNTY,and the PA/Construction Inspector
will judge the work complete or not complete. If the work is judged complete, the CEI Project
Manager will issue a "notice of final acceptance and recommendation for final payment". If the
work is judged not complete, the Construction Inspector will issue written instructions to the
Construction Contractor identifying the work judged not complete. Upon provision of the
Construction Contractor evidence or assurance that the deficiencies noted above have been
corrected or completed, a second final inspection will be scheduled to verify that the outstanding
issues have been resolved and the CEI Project Manager can issue a"notice of final acceptance and
recommendation for final payment". After final acceptance all documents related to the Final
Completion Inspection shall be provided to the COUNTY and the EOR for the project closeout
process.
TASK 2.0—Construction Inspector and Project Oversight
Task 2.1 -General Management and Oversight—The CEI will provide support services customarily related
to the construction observation and inspection of similar projects including,but not limited to:
a. Attend and participate in the pre-construction coordination meeting.
b. The Construction PA will prepare and maintain a separate Issue Resolution Log documenting any
issue or concern that is conveyed in writing to the EOR,including the written directive resolving the
issue or concern. Issue Resolution Log shall be emailed weekly to the EOR to be added as a
discussion item at the weekly progress project meetings.
c. Attend and participate in weekly meetings with Construction Contractor,EOR and the COUNTY to
review project status and identify issues that may affect the project.
d. Participate in other meetings as described or implied herein or as requested by the County.
e. Prepare and submit components listed above (section 1.8) of the monthly construction summary
reports to the EOR and the COUNTY to be incorporated into the monthly report that the EOR will
prepare.
f. Review the Construction Contractor's monthly applications for payment and Construction
Contractor's redline as-builts and accompanying data and recommend approval of payments due to
Page 3 of 5
CFI`_)
Page 2699 of 6355
Request for Professional Services (RPS) #22-8042
Construction Engineering and Inspection (CEI) Services for Golden Gate City
Transmission Water Main Improvements Project"
the Construction Contractor.The CEI's recommendation of any payment requested in an application
for payment shall constitute a representation by the CEI to the COUNTY as an experienced and
qualified professional, that based on CEI's onsite observations and inspections of construction in
progress; that the construction quantities in the applications for payment accurately reflects the
progress of the work and that the work is constructed in accordance with the Contract Documents.
The CEI will review pay requests in accordance with the Florida Prompt Payment Act.
g. The CEI will review monthly updates to the construction schedule prepared by the Construction
Contractor. Provide review comments to the COUNTY.
h. All required testing will be done by Contractor. The CEI will provide field testing observation and
verification that all materials, equipment and supplies installed or utilized on the Project are in full
accordance with the Contract documents and approved shop drawings provided by the EOR.
i. The CEI will review shut down plans and provide comments for the water and wastewater
connections prepared by the construction contractor.
2.2 Coordination of Shop Drawings, Contract Interpretations and Clarifications — The CEI will
coordinate with the EOR regarding the issuance of interpretations and clarifications of Contract
Documents including shop drawings during construction.The EOR shall be responsible for technical
review and decisions regarding interpretation and clarification of Contract Documents. The CEI
shall coordinate the EOR's decisions and responses with the Construction Contractor.
2.3 Monitor Project Records —The CEI shall monitor all required project records, including but not
limited to delivery schedules, inventories, County provided material tracking, and Daily Work
reports.
2.4 As Constructed Field Drawings—Each Construction Inspector shall maintain red pencil"mark-up"
notations and sketches on full size construction plans that reflect the actual details of constructed
facilities. These Constructed Field Drawings will be used by the CEI to validate the "As Built"
documentation provided by the Construction Contractor. The CEI will notify the EOR and the
Construction Contractor of any differences in the documents maintained by the general contractor
and the CEI on a weekly basis for resolution by the EOR. Within one week after the Construction
Contractor notifies the EOR and the COUNTY that the Work on the project is substantially complete
in accordance with the Contract Documents,the CEI will provide their red line construction plans
to the EOR. Also, the Construction Inspector will work with Johnson's survey crew during times
of digital point collection to insure the as-built data for the CAD file as accurate as possible.
2.5 Start-up and Commissioning Support — The CEI will assist the COUNTY, the EOR and the
Construction Contractor during start-up of each segment designated for Beneficial Use by the
COUNTY,including but not limited to assistance with signing off on regulatory permits and general
coordination between the ENGINEER,COUNTY and Construction Contractor.
2.6 Working Hours - Inspectors are expected to be on the project site from 7:00am through 7:00pm
Monday through Saturday. This schedule can be modified to match the Contractor's schedule.This
may require additional Inspection staff to supplement the project and keep inspection staff from
exceeding 40 hours each. Any modifications should be approved by the County Project Manager in
Page 4 of 5
CPc 1
Page 2700 of 6355
Request for Professional Services (RPS) #22-8042
Construction Engineering and Inspection (CEI) Services for Golden Gate City
Transmission Water Main Improvements Project"
writing. Construction Engineering and Inspection work will be paid straight time hourly rate with
no overtime pay.
Task 3.0—Additional Services
Additional Services(only as authorized in writing)—In accordance with the contract or purchase order, in
the event that other services may arise during the course of the work but were not envisioned as part of the
original or amended scope of work; the CEI shall submit a proposal to perform Additional Services prior
to the performance of the work. The proposal shall include the specific services to be performed,time to
complete,compensation,and an explanation as to why the services were not previously envisioned as part
of the scope of work.The proposed Additional Services must be approved by the Project Manager in writing
in advance of performance of said Additional Services. Failure to notify the Project Manager in writing of
Additional Services shall be deemed a waiver of any claim by the CEI team that such services were
Additional Services. Written authorization from the Project Manager will be required for any charges that
exceed the predetermined upper limit.
Additional services may include,but not limited to:
a. Additional progress meetings;
b. Additional one on one meetings with residents;
c. Additional inspection work;and
d. As directed by the COUNTY
Task 4.—Miscellaneous Reimbursable expenses
Miscellaneous reimbursable expenses may include but not limited to,
a. Copies,
b. Mailings
c. Exhibits.
Page 5 of 5
Page 2701 of 6355
SCHEDULE B
BASIS OF COMPENSATION
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of
its monthly invoice a progress report reflecting the Project status, in terms of the total work effort
estimated to be required for the completion of the Basic Services and any authorized Additional
Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall
show all Service items and the percentage complete of each item.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the
payments to CONSULTANT in accordance with the terms stated below. Payments will be made in
accordance with the following Schedule; however, the payment of any particular line item noted below
shall not be due until services associated with any such line item have been completed or partially
completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the
percentage complete. In no event shall such Time and Materials compensation exceed the amounts
set forth in the table below.
Tasks/Item Description Lump Sum Time and
Materials
Not-To-Exceed
1 Construction Observation and Documentation $ 881,186.25
2 Construction Inspector and Project Oversight $ 881,215.50
3 Additional Services 50,021.50
4 Miscellaneous Reimbursable Expenses 5,000.00
Page 18 of 30
PSA_CCNA Single Project Agreement[2022_ver.l]
i ,,
Page 2702 of 6355
Total Lump Sum Fee
Total Time and Materials Fee 1,817423.25
GRAND TOTAL FEE 1,817,423.25
B.2.2. 0* Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be
paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual
salaries and wages(basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this
Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in
excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for
Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably
required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to
be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior
written approval.
B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly
billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed
task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as
of that particular monthly billing.
Page 19 of 30
PSA_CCNA Single Project Agreement[2022_ver.l]
j, i
Page 2703 of 6355
8.2.3. * Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to se
B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under
Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and
Additional Services during the subject billing month.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be
provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall
be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall
comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without the COUNTY's prior written approval.
B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and
complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions
of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket
expenses incurred in the performance of all such services.
B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and
agrees that in the event of a dispute concerning payments for Services performed under this Agreement,
CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by
the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to
CONSULTANT all amounts that the COUNTY does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one
invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices
shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a
form and manner required by the COUNTY.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of contract.
Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under
the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under this Agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no
signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on
CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not
be submitted more than one time monthly.
B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for
reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting
documentation.
B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum
markup of five percent (5%) on the fees and expenses associated with such subconsultants and
subcontractors.
B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the
Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following
items:
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G,;l
Page 2704 of 6355
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the
COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with
112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips
that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties
are expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by the COUNTY.
B.3.4.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the COUNTY.
B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except
for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services.
B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized
accounting basis.
B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any
reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be
deemed to be a reimbursable expense.
END OF SCHEDULE B]
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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PSA_CCNA Single Project Agreement[2022_ver.1]
Page 2705 of 6355
SCHEDULE B—ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
CEI Senior Project Engineer 201.00
CEI Project Administrator 131.00
CEI Senior Utility Inspector 117.00
CEI Utility Inspector 96.00
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be
all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual
agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly
rates are for purposes of providing estimate(s), as required by the grantor agency.
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PSA_CCNA Single Project Agreement[2022_ver.11
Page 2706 of 6355
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Number of Calendar Days
Task/Item
For Completion of Task
Description
from Date of Notice to
Proceed
1 Construction Observation and Documentation 690 Days
2 Construction Inspector and Project Oversight 690 Days
3 Additional Services 690 Days
4 Miscellaneous Reimbursable Expenses 690 Days
Page 23 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
Page 2707 of 6355
SCHEDULE D
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below
listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the
nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self-insured retentions or deductibles will be
CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
3.Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified in
this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten
10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that
CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder.
In addition, certified, true and exact copies of all insurance policies required shall be provided to the
COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision
that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty
30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the
COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from
its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT
hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the
full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval
or agreement by the COUNTY that the insurance requirements have been satisfied or that the
insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this
Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in this
Section except to the extent such insurance requirements for the subconsultant are expressly waived
in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required herein,
the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails
to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the
right to offset these costs from any amount due CONSULTANT under this Agreement or any other
agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to
Page 24 of 30
PSA_CCNA Single Project Agreement[2022_ver.1] /.-
Page 2708 of 6355
purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance
company or companies used. The decision of the COUNTY to purchase such insurance coverages
shall in no way be construed to be a waiver of any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion
of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish
to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three
3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY
with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the
COUNTY may terminate the Agreement for cause.
Sections checked ( ) are required by this Agreement.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Workers' Compensation
and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this
Agreement for all employees engaged in the work under this Agreement in accordance with the laws
of the State of Florida. The amounts of such insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of
500,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be so
endorsed.
11. rage shall be maintained
Per Claim/Occurrence.
12.
tie work. Coverage shall have minimum limits of$ Per Claim/Occurrence.
13. COMMERCIAL GENERAL LIABILITY.
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property
Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad
Form Property Damage including Completed Operations and Products and Completed Operations
Coverage. Products and Completed Operations coverage shall be maintained for a period of not less
than five (5) years following the completion and acceptance by the COUNTY of the work under this
Agreement. Limits of Liability shall not be less than the following:
Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000
aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under
LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by
or rented to you. Applicable deductibles or self-insured retentions shall be the sole responsibility of
CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject
to the approval of the Risk Management Director or his/her designee.
Page 25 of 30
PSA_CCNA Single Project Agreement[2022_ver.I]
Page 2709 of 6355
14. Collier County Board of County Commissioners shall be listed as the Certificate Holder and
included as an"Additional Insured" on the Insurance Certificate for Commercial General Liability where
required. The insurance shall be primary and non-contributory with respect to any other insurance
maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall
be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same
insurance requirements that the Contractor is required to meet.
15.
16.
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
17. BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits
of$500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-The ownership.
18.
minimum limits of$ Per Occurrence.
19. c aER-4NSURANCE. Coverage-chaff-ha fs-ef-$ Per
Occurrence.
20. IIMBRE I A I IABII ITV
Automobile Liability coverages required herein and shall include all coverages on a "following form"
basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
it-awe-
21. n PROFESSIONAL LIABILITY INSURANCE.
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal
liability for claims arising out of the performance of professional services under this Agreement.
CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance.
Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not less
than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first performed
by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this
Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of
Page 26 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
Page 2710 of 6355
Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage
or reduction in limits, other than the application of the aggregate limits provision. In addition,
CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or
limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%)
reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly
submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy
if requested by the COUNTY.
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable
papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints,
and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing
valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and
the COUNTY's insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT's professional liability
policy. If no credit is available from CONSULTANT's current professional policy underwriter, then
CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal
occurs during the term of the project policy (and on any subsequent professional liability policies that
renew during the term of the project policy). CONSULTANT agrees that any such credit will fully
accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT,
agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific
professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured
retention and the risk of uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by the
COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is
replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT
to be insured will be notified and the COUNTY will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D]
Page 27 of 30
PSA_CCNA Single Project Agreement[2022_ver.1
a.
Page 2711 of 6355
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, AIM ENGINEERING & SURVEYING, INC. company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement, concerning
Construction Engineering and Inspection (CEI) Services for Golden Gate City Transmission
Water Main Improvements Project" project"is
accurate, complete and current as of the time of contracting.
BY:
TITLE: f/) r L. 15414.1 4
I Vi Le 1165i.etil I
DATE: 0 4)3/010:43
Page 28 of 30
PSA_CCNA Single Project Agreement t2022_ver.I]
Page 2712 of 6355
SCHEDULE F
KEY PERSONNEL
Name Personnel Category Percentage of
Time
Jadon Hull CEI Senior Project Engineer 20%
Hector Louzao CEI Project Administrator 100%
Richard Moore/Wayne Metcalf CEI Senior Utility Inspector 100%
TBD CEI Utility Inspector 100%
Page 29 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
Page 2713 of 6355
SCHEDULE G
Other:
Description)
following this page (pages through )
this schedule is not applicable
Page 30 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
Page 2714 of 6355
i—...40 AIMENGI-01 MPOLITE
A CI:,CERTIFICATE OF LIABILITY INSURANCE
Ci DA2/22/2023TE
YY)
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 suchopendorsement(s).
PRODUCER ACT Margaret Polite
Babb P&C,Ltd
850 Ridge Avenue
a"c°°,No,Ext):(239)208-3454 A/C,A No):(239)333-1760
Pittsburgh,PA 15212 noRlEss:mep@babbins.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Cincinnati Indemnity Company 23280
INSURED INSURER B:Cincinnati Insurance Companies 10677
AIM Engineering and Surveying Inc INSURER C:Cincinnati Casualty Company 28665
2161 Fowler Street,Suite 100 INSURER D:Illinois Union Insurance Company 27960
Fort Myers,FL 33901
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL SUBR
POLICY NUMBER
POLICY EFF POLICY EXP
LIMITS
LTR INSD WVD MM/DD/YYYYI (MM/DD/YYYY)
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
2,000,000
CLAIMS-MADE X OCCUR EPP 0542628 7/1/2022 7/1/2023 PREM ES RaEoNc r
500,000
X PREMISESIEaoccurrence) $
MED EXP(Any one person) $
10,000
PERSONAL&ADV INJURY $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
4,000,000
POLICY X JE LOC PRODUCTS-COMP/OP AGG $
4,000,000
OTHER:General Aggregate
COMBINED SINGLE LIMIT 1,000,000BAUTOMOBILELIABILITYEaaccident)
X ANY AUTO X EBA 0543260 7/1/2022 7/1/2023 BODILY INJURY(Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY(Per accident) $
X HIRED X NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident)
A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE
5,000,000
EXCESS LIAB CLAIMS-MADE EPP 0542628 7/1/2022 7/1/2023
AGGREGATE
5,000,000
DED RETENTION$
C WORKERS COMPENSATION X STATUTE ORERH
AND EMPLOYERS'LIABILITY
EWC 0542630 7/1/2022 7/1/2023 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
YNN
N/A
E.L.EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? 1,000,000MandatoryInNH) E.L.DISEASE-EA EMPLOYEE $
It yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Leased/Rented Equip EPP 0542628 7/1/2022 7/1/2023 Limit 125,000
D Pollution G7361479A 001 7/26/2022 7/26/2023 Per Occ& Per Agg 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)Project:Collier County Contract 22-8042;Construction Engineering and Inspection(CEI)Services for Golden Gate City Transmission Water Main
Improvements Project
Collier County Board of County Commissioners,OR,Board of County Commissioners in Collier County,OR,Collier County Government,OR,Collier County
included as Additional Insured under the captioned Commercial General Liability and Automobile Liability policies on a primary and non-contributory basis if
and to the extent required by written contract.30 Days notice of cancellation except 10 days for non-payment.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Collier CountyBoard of CountyCommissioners
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
3295 Tamiami Traile E.
Naples,FL 34112
AUTHORIZED REPRESENTATIVE
llteux t- L Petik.-
I
ACORD 25(2016/03) 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Page 2715 of 6355
l ®
A•o CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
2/22/2023
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 be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Sandy Balzarinl
Private Client Insurance Services PHONE FAX
9736 Commerce Centre Ct.A/C.No.EXt):239-481-1949 A/C,No):888-853-7192
Fort Myers FL 33906 ADDRESS: sbalzarini@pcis-fl.Com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Evanston Insurance Co. 35378
INSURED AIME-01 INSURER B
AIM Engineering&Surveying, Inc.
2161 Fowler Street, Suite 100 INSURER C:
Fort Myers FL 33901 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:2084430397 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUER POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY) (MM/DD/YYYY)
GENERAL LIABILITY Y EACH OCCURRENCE
DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $
CLAIMS-MADE OCCUR MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $
POLICY
PRO-
JECT
AUTOMOBILECOMBINED SINGLE LIMITLIABILITYEaaccident)
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTION$
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS'LIABILITY Y/N
TORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECUTIVE
N/A
E.L.EACH ACCIDENT
OFFICER/MEMBER EXCLUDED?
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A PROFESSIONAL LIABILITY MKLV7PL0005413 7/1/2022 7/1/2023 Each Claim 5,000,000
Policy Aggregate 5,000,000
Deductible 100,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Job Description
Collier County Contract 22-8042;Construction Engineering and Inspection(CEI)Services for Golden Gate City Transmission Water Main Improvements Project
CERTIFICATE HOLDER CANCELLATION 10 Days
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Collier County Board of County Commissioners
3295 Tamiami Trail E. AUTHORIZED REPRESENTATIVE
Naples FL 34112
1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
Page 2716 of 6355
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 cluded in the "products-completed
Contractors - Automatic Status For Other operations hazard", but only it
Parties When Required In Written Contract
Or Agreement With You 1) The Coverage Part to which this
endorsement is attached pro-
1. Section II - Who Is An Insured is vides coverage for"bodily injury"
amended to include as an additional in- or "property damage" included
sured any person or organization you within the "products-completed
have agreed in writing in a contract or operations hazard'; and
agreement to add as an additional in-
sured on this Coverage Part. Such per-
2) The written contract or written
son(s) or organization(s) is an additional agreement requires you to pro-
insured only with respect to liability for: vide additional insured coverage
included within the "products-
a. "Bodily injury', "property damage" or completed operations hazard"
personal and advertising injury" for that person or organization.
caused, in whole or in part, by the
performance of your ongoing opera If the written contract or written
tions by you or on your behalf, under agreement requires you to provide
that written contract or written additional insured coverage included
agreement.Ongoing operations does within the "products-completed oper-
not apply to "bodily injury"or"proper-of
hazard" for a specified length
ty damage"occurring after: of time for that person or organiza-
tion, the "bodily injury" or "property
1) All work, including materials, damage" must occur prior to the ex-
parts or equipment furnished in piration of that period of time in order
connection with such work, on for this insurance to apply.
the project (other than service,
maintenance or repairs) to be If the written contract or written
performed by or on behalf of the agreement requires you to provide
additional insured(s) at the loca- additional insured coverage for a
tion of the covered operations person or organization per only ISO
has been completed; or
additional insured endorsement form
number CG 20 10, without specifying
2) That portion of"your work"out of an edition date, and without specifi-
which the injury or damage aris- cally requiring additional insured
es has been put to its intended coverage included within the "prod-
use by any person or organiza- ucts-completed operations hazard",
tion other than another contrac- this Paragraph b. does not apply to
tor or subcontractor engaged in that person or organization.
performing operations for a prin-
cipal as a part of the same pro-
2. If the written contract or written agree-
ject; and ment described in Paragraph 1. above
specifically requires you to provide addi-
b. "Bodily injury' or "property damage" tional insured coverage to that person or
caused, in whole or in part, by "your organization:
work" performed under that written
contract or written agreement and in a. Arising out of your ongoing opera-
tions or arising out of"your work"; or
Includes copyrighted material of Insurance
GA 472 09 18 Services Office, Inc., with its permission.Page 1 of 3
Page 2717 of 6355
b. By way of an edition of an ISO addi- 2. With respect to the insurance afforded to
tional insured endorsement that in- the additional insureds described in Para-
dudes arising out of your ongoing graph B.1., the following additional exdu-
operations or arising out of "your sions apply:
work";
This insurance does not apply to:
then the phrase caused, in whole or in
part, by in Paragraph A.1.a. and/or Para- a. "Bodily injury", "property damage" or
graph A.1.b. above, whichever applies, is personal and advertising injury" aris-
replaced by the phrase arising out of. ing out of operations performed for
the federal government, state or mu-
3. With respect to the insurance dffurded to nicipality; or
the additional insureds described in Para-
graph AA., the following additional exclu- b. "Bodily injury' or "property damage"
sion applies:
included within the "products-
completed operations hazard."
This insurance does not apply to "bodily
injury', "property damage" or "personal C. The insurance afforded to additional insureds
and advertising injury" arising out of the described in Paragraphs A.and B.:
rendering of, or the failure to render, any 1. Only applies to the extent permitted by
professional architectural, engineering or law, and
surveying services, including:
a. The preparing, approving or failingto
2. Will not be broader than that which you
pP g are required by the written contract, writ-
prepare or approve, maps, shop ten agreement, written permit or written
drawings, opinions, reports, surveys, authorization to provide for such addition-
field orders, change orders or draw- al insured; and
ings and specifications; or
b. Supervisory, inspection, architectural
3. Does not apply to any person, organiza-
b. pe tion, state, governmental agency or sub-
or engineering activities. division or political subdivision specifically
This exclusion applies even if the claims named as an additional insured for the
against any insured allege negligence or same project in the schedule of an en
other wrongdoing in the supervision, hir- added to this Coverage Part.
ing, employment,training or monitoring of D. With respect to the insurance afforded to the
others by that insured, if the "occurrence" additional insureds described in Paragraphs
which caused the "bodily injury" or"prop- A.and B.,the following is added to Section III
erty damage", or the offense which Limits Of Insurance:
caused the"personal and advertising inju-
ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi-
ure to render, any professional architec- tional insured is the amount of insurance:
tural, engineering or surveying services.1. Required by the written contract, written
4. This Paragraph A.does not apply to addi- agreement, written permit or written au-
tional insureds described in Paragraph B. thorization described in Paragraphs A.
B. Additional Insured -State Or Governmental
and B.; or
Agency Or Subdivision Or Political Subdi- 2. Available under the applicable Limits of
vision - Automatic Status When Required Insurance shown in the Declarations;
In Written Permits Or Authorizations
whichever is less.
1. Section II - Who Is An Insured is
amended to include as an additional in- This endorsement shall not increase the appli-
sured any state or governmental agency
cable Limits of Insurance shown in the Decla-
or subdivision or political subdivision you
rations.
have agreed in writing in a contract, E. Section IV - Commercial General Liability
agreement, permit or authorization to add Conditions is amended to add the following:
as an additional insured on this Coverage
Part. Such state or governmental agency Automatic Additional Insured Provision
or subdivision or political subdivision is an
additional insured only with respect to op- This insurance applies only if the 'bodily inju
erations performed by you or on your be- ry" or "property damage" occurs, or the "per-
half for which the state or governmental sonal and advertising injury" offense is corn
agency or subdivision or political subdivi- mitted:
sion issued, in writing, a contract, agree- 1. During the policy period; and
ment, permit or authorization.
Includes copyrighted material of Insurance
GA 472 0918 Services Office, Inc., with its permission.Page 2 of 3
Page 2718 of 6355
2. Subsequent to your execution of the writ- As used in this endorsement, wrap-up insur-
ten contract or written agreement, or the ance means any insurance provided by a con-
issuance of a written permit or written au- solidated (wrap-up) insurance program.
thorization, described in Paragraphs A.
primary And NoncontributoryInsuranceandB.
When Required By Writtn Contract,
F. Except when G.below applies,the following is Agreement, Permit Or Authorization
added to Section IV - Commercial General
Liability Conditions, 5. Other Insurance, Except when wrap-up insurance applies to the
and supersedes any provision to the contrary:
claim or "suit' on behalf of the additional in
sured,this insurance is primary to and will not
When Other Additional Insured Coverage seek contribution from any other insurance
Applies On An Excess Basis available to the additional insured described in
Paragraphs A.and B.provided that:
This insurance is primary to other insurance
available to the additional insured described in 1. The additional insured is a Named In-
Paragraphs A.and B.except: sured under such other insurance; and
1. As otherwise provided in Section IV - 2. You have agreed in writing in a contract,
Commercial General Liability Condi- agreement, permit or authorization de-
tions, 5. Other Insurance, b. Excess In- scribed in Paragraph A. or B.that this in-
surance; or surance would be primary and would not
seek contribution from any other insur-
2. For any other valid and collectible insur- anoe available to the additional insured.
ance available to the additional insured as
an additional insured by attachment of an As used in this endorsement, wrap-up insur-
endorsement to another insurance policy ance means any insurance provided by a con-
that is written on an excess basis. In such solidated (wrap-up)insurance program.
case, this insurance is also excess.
H. Section IV - Commercial General Liability
G. The following is added to Section IV -Corn- Conditions, 9. Transfer Of Rights Of Re-
mercial General Liability Conditions, 5. covery Against Others To Us is amended by
Other Insurance, and supersedes any provi- the addition of the following:
sion to the contrary:
We waive any right of recovery we may have
Primary Insurance When Required By Writ- against any additional insured under this en-
ten Contract, Agreement, Permit Or Au- dorsement against whom you have agreed to
thorization waive such right of recovery in a written con-
tract, written agreement, written permit or writ-
Except when wrap-up insurance applies to the ten authorization because of payments we
claim or "suit' on behalf of the additional in- make for injury or damage arising out of your
sured, this insurance is primary to any other ongoing operations or"your work"done under
insurance available to the additional insured a written contract, written agreement, written
described in Paragraphs A. and B. provided permit or written authorization. However, our
that:rights may only be waived prior to the "occur-
1. The additional insured is a Named In- rence" giving rise to the injury or damage for
sured under such other insurance; and which we make payment under this Coverage
Part. The insured must do nothing after a loss
2. You have agreed in writing in a contract, to impair our rights.At our request,the insured
agreement, permit or authorization de- will bring "suit' or transfer those rights to us
scribed in Paragraph A. or B.that this in- and help us enforce those rights.
surance would be primary to any other in-
surance available to the additional in-
sured.
Includes copyrighted material of Insurance
GA 472 09 18 Services Office, Inc., with its permission.Page 3 of 3
Page 2719 of 6355
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BODILY INJURY EXCEPTIONS TO POLLUTANT EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
For purposes of insurance provided by this endorsement:
1. Sudden and Accidental Exception b. The injured person is clinically diagnosed
Exclusion f. Pollutant, (1)(a) and (1)(d) of or treated by a physician for the "bodily
injury" caused by the exposure to "gase-SECTION I - COVERAGES, COVERAGE A.
ous or airborne pollutants" within one
BODILY INJURY AND PROPERTY DAMAGE year of such first exposure.LIABILITY do not apply to "bodily injury" pro-
vided: 4. Amended Who Is An Insured
a. The "release" of "pollutants" from which As respects the insurance provided by Para-
the "bodily injury" arises is "sudden" and graphs 1. and 3. of this endorsement, the
accidental"; and Sudden and Accidental Exception and the
Off Premises Exception, SECTION II-WHO
b. The injured person's first exposure to IS AN INSURED is deleted in its entirety andsuch "pollutants" occurred during the replaced by the following:
policy period;and
c. The injured person is clinically diagnosed The coverage afforded shall apply only to
or reatee by a physician for the "bodilyd Named Insureds. We shall have no duty to
or-
injury" caused by c suche "pal-
defend or pay damages for any person or
ganization that is not a Named Insured.
lutants" within one year of such first ex-
posure. 5. SECTION IV - COMMERCIAL GENERAL LI-
ABILITY CONDITIONS 5. Other Insurance
2. Amendment to On Premises Exception b. Excess Insurance is amended to include
The on premises exception to the Pollutant the following:
Exclusion, f.(1)(a)1) c) of SECTION I - COV- The insurance provided by Paragraphs 1.ERAGES, COVERAGE A. BODILY INJURY Sudden and Accidental Exception and 3.
AND PROPERTY DAMAGE LIABILITY, is Off Premises Exception, of this endorsement
deleted in its entirety and replaced by the fol- is excess over any other valid and collectible
lowing: insurance, whether primary, excess, contin-
c) Within one year of such first exposure, gent or on any other basis, except insurance
the person injured is clinically diagnosed written specifically to cover as excess over the
or treated by a physician for the medical limits of insurance that apply in this endorse-
condition caused by the exposure to such ment.
vapors. However, Paragraph c) does not 6. As respects the insurance provided by Para-
apply if the "bodily injury" is caused by graphs 1. and 3. of this endorsement, SEC-
vapors produced by or originating from TION V - DEFINITIONS is amended to add
equipment that is used to heat, cool or the following:
dehumidify the building, or equipment
that is used to heat water for personal 1. "Accidental" means unintended and un-
use, by the building's occupants or their expected.
guests.
2. "Gaseous or airborne pollutants" means
3. Off Premises Exception pollutants"which:
Exclusion f. Pollutant (1)(d) of SECTION I - a) Are a gas, smoke, fume, vapor or
COVERAGES, COVERAGE A. BODILY IN- other similar airborne substance; and
JURY AND PROPERTY DAMAGE LIABILITY
b Are the result of the"release" of suchdoesnotapplyto "bodily injury"that is caused
pollutants" from materials, machinby"gaseous or airborne pollutants"provided: p
ery or equipment brought on or to
a. The injured person's first exposure to the "work site" by any Named In-
gaseous or airborne pollutants" occurred sured or any "employees", contrac-
during the policy period; and tors or subcontractors working di-
Includes copyrighted material of Insurance
GA 478 12 04 Services Office, Inc.,with its permission. Page 1 of 2
Page 2720 of 6355
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS' COMMERCIAL GENERAL LIABILITY
BROADENED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Endorsement-Table of Contents:
Coverage: Begins on Page:
1. Employee Benefit Liability Coverage 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
16. Voluntary Property Damage Coverage And Care, Custody Or Control Liability
Coverage 16
17. Broadened Contractual Liability-Work Within 50' Of Railroad Property 17
18. Alienated Premises 17
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
Includes copyrighted material of Insurance
GA 233 09 17 Services Office, Inc.,with its permission. Page 1 of 17
Page 2721 of 6355
b. Loss Of Earnings:$ 500
5. Medical Payments
Medical Expense Limit:$ 10,000
9. Property Damage To Borrowed Equipment
Each Occurrence Limit: $10,000
Deductible Amount: $ 250
16. Voluntary Property Damage Coverage (Coverage a.) And Care, Custody Or Control Liability
Coverage(Coverage b.)
Limits Of Insurance
Coverage a.
1,000 Each Occurrence
5,000 Aggregate
Coverage b.$5,000 Each Occurrence unless otherwise stated$
Deductible Amount(Each Occurrence)
Coverage a.$250
Coverage b.$250 unless otherwise stated$
COVERAGE
PREMIUM BASIS RATE ADVANCE PREMIUM
a) Area For Limits in Excess of (For Limits in Excess of
b) Payroll 5,000)5,000)
c) Gross Sales
d) Units
e) Other
b. Care, Custody Or
Control
TOTAL ANNUAL PREMIUM
Includes copyrighted material of Insurance
GA 233 0917 Services Office, Inc,with its permission. Page 2 of 17
Page 2722 of 6355
C. Coverages this endorsement pro-
1. Employee Benefit Liability Coverage
vided:
You
a. The following is added to Section I -
a) knowleiddgeot of ava
Coverages: claim or"suit"on or
Employee Benefit Liability Cover- before the "first ef-
age
fective date"of this
endorsement.
1) Insuring Agreement You will be
a) We will pay those sums that deemed to have
the insured becomes legally knowledge of a
obligated to pay as damag- claim or "suit"
es caused by any act, error when any "author-
or omission of the insured, ized representa-
or of any other person for tive";
whose acts the insured is
legally liable, to which this i) Reports all, or
insurance applies. We will any part, of the
have the right and duty to act, error or
defend the insured against omission to us
any "suit' seeking those or any other
damages. However, we will insurer;
have no duty to defend ii) Receives a
against any "suit" seeking written or ver-
damages to which this in- bal demand or
surance does not apply. We claim for dam-
may, at our discretion, in- ages because
vestigate any report of an of the act, er-
act, error or omission and ror or omis-
settle any daim or"suit'that sion; and
may result.But:
1) The amount we will payb) There is no other
applicable insur-
for damages is limited ante.
as described in Section
Ill - Limits Of Insur-2) Exclusions
ance; and
This insurance does not apply to:
2) Our right and duty to
defend ends when we a) Bodily Injury, Property
have used up the appli- Damage Or Personal And
cable limit of insurance Advertising Injury
in the payment of judg- Bodily injury", "property
ments or settlements. damage" or "personal and
No other obligation or liabil- advertising injury'.
ity to pay sums or perform b) Dishonest, Fraudulent,
ads or services is covered Criminal Or Malicious Act
unless explicitly provided for
under Supplementary Damages arising out of any
Payments. intentional, dishonest,
b This insurance applies to
fraudulent, criminal or mall-
b)pP cious act, error or omission,
damages only if the act, er- committed by any insured,
ror or omission, is negligent- including the willful or reck-
ly committed in the "admin- less violation of any statute.
istration" of your "employee
benefit program"; and c) Failure To Perform A Con-
tract
1) Occurs during the policy
period; or Damages arising out of fail-
ureOccurredpriortothe
of performance of con-
2) tract by any insurer.
first effective date" of
Includes copyrighted material of Insurance
GA 233 09 17 Services Office, Inc.,with its permission. Page 3 of 17
Page 2723 of 6355
d) Insufficiency Of Funds i) Taxes, Fines Or Penalties
Damages arising out of an Taxes, fines or penalties, in-
insufficiency of funds to cluding those imposed un-
meet any obligations under der the Internal Revenue
any plan induded in the Code or any similar state or
employee benefit program". local law.
e) Inadequacy Of Perfor- j) Employment-Related Prac-
mance Of Invest- tices
ment/Advice Given With
Respect To Participation Any liability arising out of
any:
Any daim based upon:1) Refusal to employ;
1) Failure of any invest-
ment to perform;
2) Termination of employ-
ment;
2) Errors in providing in-
formation on past per-
3) Coercion, demotion,
formance of investment evaluation, reassign-
vehicles; or
ment, discipline, defa-
mation, harassment,
3) Advice given to any humiliation, discrimina-
person with respect to tion or other employ-
that person's decision to ment- related practices,
participate or not to par-acts or omissions; or
tidpate in any plan in-
cluded in the"employee
4) Consequential liability
benefit program".
as a result of (1), (2) or
3)above.
f) Workers' Compensation
This exclusion applies
And Similar Laws whether the insured may be
Any claim arising out of your held liable as an employer
failure to comply with the or in any other capacity and
mandatory provisions of any to any obligation to share
workers' compensation, un- damages with or repay
employment compensation someone else who must pay
insurance, social security or damages because of the in-
disability benefits law or any jury.
similar law.
3) Supplementary Payments
g) ERISA Section I - Coverages, Sup-
Damages for which any in- plementary Payments - Cover-
sured is liable because of li- ages A And B also apply to this
ability imposed on a fidud- Coverage.
ary by the Employee Re-
tirement Income Security
Act of 1974, as now or As respects Employee Benefit Lia-
hereafter amended, or by bility Coverage, Section ll -Who Is
any similar federal, state or An Insured is replaced by the follow-
local laws. ing:
h) Available Benefits 1) If you are designated in the Dec-
Any daim for benefits to the
larations as:
extent that such benefits are a) An individual, you and your
available, with reasonable spouse are insureds, but on-
effort and cooperation of the ly with respect to the con-
insured, from the applicable duct of a business of which
funds accrued or other cal- you are the sole owner.
lectible insurance.
b) A partnership or joint ven-
ture, you are an insured.
Your members, your part-
Includes copyrighted material of Insurance
GA 233 0917 Services Office, Inc.,with its permission. Page 4 of 17
Page 2724 of 6355
ners, and their spouses are zation. However,coverage under
also insureds but only with this provision:
respect to the conduct of
your business. a) Is afforded only until the
180th day after you acquire
c) A limited liability company, or form the organization or
you are an insured. Your the end of the policy period,
members are also insureds, whichever is earlier; and
but only with respect to the
conduct of your business. b) Does not apply to any act,
Your managers are in- error or omission that was
sureds, but only with respect committed before you ac-
to their duties as your man- quired or formed the organi-
agers.
zation.
d) An organization other than a c. Limits Of Insurance
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
respect to their duties as 1) The Limits of Insurance shown in
your officers or directors. Section B. Limits Of Insurance,
Your stockholders are also 1. Employee Benefit Liability
insureds, but only with re- Coverage and the rules below fix
sped to their liability as the most we will pay regardless
stockholders.of the number of
e) A trust, you are an insured. a) Insureds;
Your trustees are also in-
sureds, but only with respect b) Claims made or "suits"
to their duties as trustees. brought;
2) Each of the following is also an
c) Persons or organizations
insured: making claims or bringing
suits";
a) Each of your "employees"
who is or was authorized to d) Acts,errors or omissions;or
administer your "employee e) Benefits induded in your
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
c) Your legal representative if employee benefit program".
you die, but only with re-3) Subject to the limit described in
sped 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
3) Any organization you newly ac-
this endorsement is the most we
quire or form, other than a part will pay for all damages sus
quire
joint venture or limited tained by any one "employee",
liability company,and over which including damages sustained by
you maintain ownership or major-
such "employee's" dependents
ity interest, will qualify as a
and beneficiaries,as a result of.
Named Insured if no other similar a) An act, error or omission; or
insurance applies to that organi-
Includes copyrighted material of Insurance
GA233 09 17 Services Office, Inc.,with its permission. Page 5 of 17
Page 2725 of 6355
b) A series of related ads, 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
ads, errors or omissions; have paid.
negligently committed in the d. Additional Conditions
administration"of your"employ
As respects Employee Benefiteebenefitprogram". P Lia-
bility Coverage, Section IV - Corn-
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
limits and restrictions that apply 1) Item 2. Duties In The Event Of
to the payment of benefits in any Occurrence, Offense, Claim Or
plan included in the "employee Suit is replaced by the following:
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-
ages on behalf of the in- a. You must see to it that
sured applies only to the we are notified as soon
amount of damages in ex-as practicable of an act,
cess of the Deductible error or omission which
Amount stated in the Deda-may result in a claim.
rations as applicable to To the extent possible,
Each Employee. The limits notice should include:
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-
b) The Deductible Amount curred; and
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,
fidaries, because of all acts, error or omission.
errors or omissions to which
this insurance applies. b. If a claim is made or
c) The terms of this insurance,
suit" is brought against
any insured,you must:
including those with respect
to: 1) Immediately record
1) Our right and dutyto
the specifics of the
gclaim or "suit" and
defend the insured the date received;
against any "suits" and
seeking those damag-
es; and 2) Notify us as soon
2) Your duties,and the du-
as practicable.
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.
1) Immediately send
d) We may pay any part or all us copies of any
of the Deductible Amount to demands, notices,
effect settlement of any summonses or le-
claim or"suit'and, upon no- gal papers re-
Includes copyrighted material of Insurance
GA 233 0917 Services Office, Inc.,with its permission. Page 6 of 17
Page 2726 of 6355
ceived in connec-tion by equal shares,
tion with the claim we will follow this meth-
or"suit"; od also. Under this ap-
2) Authorize us to ob-proach each insurer
t
contributes equal
ain records and
amounts until it has
other information;
paid its applicable limit
3) Cooperate with us of insurance or none of
in the investigation the loss remains,
or settlement of the whichever comes first.
claim or defense If any of the other in-against the "suit";
surance does not permitand
contribution by equal
4) Assist us, upon our shares, we will contrib-
request, in the en-ute by limits. Under this
forcement of any method, each insurer's
right against any share is based on the
person or organi-ratio of its applicable
nation which may limit of insurance to the
be liable to the in-total applicable limits of
sured because of insurance of all insur-
an act, error or ers.
omission to which
c. No Coverage
this insurance may
also apply. This insurance shall not
d. No insured will, except
cover any loss for which
the insured is entitled to
at that insured's own
recovery under anycost, voluntarily make a
payment, assume any
other insurance in force
payment,sr timeincur any
previous to the effective
odate of this Coverage
expense without our Part.
consent.
2) Item 5. Other insurance is
e. Additional Definitions
re-
placed by the following: As respects Employee Benefit
5. Other Insurance
Lia-
bility Coverage, Section V - Defini-
tions is amended as follows:
If other valid and collectible 1) The following definitions are
insurance is available to the added:
insured for a loss we cover
under this Coverage Part, 1. "Administration"means:
our obligations are limited as
follows: a. Providing information to
employees", including
a. Primary Insurance their dependents and
This insurance is primabeneficiaries, with re-
or
ry except when c.below
sped to eligibility for"
employee
applies. If this insurance
scope of
is primary, our obliga-
tions are not affected b. Interpreting the "em-
unless any of the other ployee benefit pro-
insurance is also prima-grams";
ry. Then, we will share
with all that other insur- c. Handling records in
ance by the method de connection with the
scribed in b.below. employee benefit pro-
grams"; or
b. Method Of Sharing
d. Effecting, continuing or
If all of the other insur-terminating any "em-
ance permits contribu-ployee's"participation in
Includes copyrighted material of Insurance
GA 233 09 17 Services Office, Inc.,with its permission. Page 7 of 17
Page 2727 of 6355
any benefit included in c. Unemployment insur-
the "employee benefit ance, social security
program". benefits, workers' com-
However, "administration"pensation and disability
does not include:
benefits; and
a. Handling payroll deduc-
d. Vacation plans, includ-
tindons; or
ing buy and sell pro-
grams; leave of ab-
b. The failure to effect or 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 4. 'First effective date" means
benefits, workers' corn- the date upon which cover-
pensation and disability age was first effected in a
benefits. series of uninterrupted re-
2. "Cafeteria plans" means newals of insurance cover-
plans authorized by applica- age.
ble law to allow "employees"2) The following definitions are de-to elect to pay for certain leted in their entirety and re-benefits with pre-tax dollars.
placed by the following:
3. "Employee benefit pro- 8. "Employee"means a person
grams" means a program actively employed, formerly
providing some of all of the employed, on leave of ab-
following benefits to "em- sence or disabled, or retired.
ployees", whether provided Employee" includes a
through a "cafeteria plan" or leased worker". "Employee"
otherwise:does not include a "tempo-
a. Group life insurance; rary worker".
group accident or health 21. "Suit"means a civil proceed-insurance; dental, vision ing in which money damag-and hearing plans; and es because of an ad, error
flexible spending ac- or omission to which this in-
counts; provided that no surance applies are alleged.
one other than an "em- Suit"includes:
ployee" may subscribe
to such benefits and a. An arbitration proceed-
such benefits are made ing in which such dam-
generally available to ages are claimed and to
those "employees" who which the insured must
satisfy the plan's eligibil-submit or does submit
ity requirements; with our consent;
b. Profit sharing plans, b. Any other alternative
employee savings dispute resolution pro-
plans, employee stock ceeding in which such
ownership plans, pen-damages are claimed
sion plans and stock and to which the in-
subscription plans, pro-sured submits with our
vided that no one other consent;or
than an "employee"
may subscribe to such c. An appeal of a civil pro
benefits and such bene-ceeding.
fits are made generally
available to all "employ-
ees" who are eligible
under the plan for such
benefits;
Includes copyrighted material of Insurance
GA 233 0917 Services Office, Inc.,with its permission. Page 8 of 17
Page 2728 of 6355
2. Unintentional Failure To Disclose Haz-2) Rust or other cor-
ards rosion, decay, de-
terioration, hidden
Section IV-Commercial General Liabil- or latent defect or
ity Conditions, 7. Representations is
any quality in
amended by the addition of the following: property that caus-
Based on our dependence upon your rep-
resentations as to existing hazards, if un- destroy itself;
intentionally you should fail to disdose 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 by centrif-3. Damage To Premises Rented To You ugal force;
a. The last Paragraph of 2. Exclusions
under Section I -Coverage A-Bod-
5) Settling, cracking,
g shrinking orr ex-
ily Injury And Property Damage Li-
pansion;
ability is replaced by the following:
r
Exdusions c.through q. do not apply
6) Nesting
d icischh sta-
argetion, or darge
to "property damage" by fire, explo- or release of waste
sion, lightning, smoke or soot to
products or secre-
premises while rented to you or tern-
porarily occupied by you with permis-
bids, byrodentsin oorbirds, r
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-
tivityin-
b. The insurance provided under Sec-
cluding
o fungus,
r
tion I - Coverage A - Bodily Injury mildew,
mold
yAndPropertyDamageLiabilityap-
mildew, and any
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.dueed 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 exdusions 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 ii) 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-
trail or agreement or iii) Water under the ground
surface pressing on, or
ii) 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 233 09 17 Services Office, Inc.,with its permission. Page 9 of 17
Page 2729 of 6355
2) Basements, you with permission of
whether paved or the owner,
not; or
b. In the case of damage
3) Doors, windows or by fire, explosion, light-
other openings. ning, smoke or soot,
c) "Property damage" caused while rented to you;or
by or resulting from water c. In the case of damage
that leaks or flows from by water, while rented
plumbing, heating, air condi-to and occupied by you.
tioning, fire protection sys-
tems, or other equipment,2) The most we will pay is limited as
caused by or resulting from described in Section B. Limits
freezing, unless: Of Insurance, 3. Damage To
Premises Rented To You of this
i) You did your best to endorsement.
maintain heat in the
building or structure; or 4. Supplementary Payments
ii) You drained the equip-
Under Section I - Supplementary Pay-
ment and shut off the ments-Coverages AAnd B:
water supply if the heat
a. Paragraph 2. is replaced by the fol-
was not maintained. lowing:
d) "Property damage"to:Up to the limit shown in Section B.
i) Plumbing, heating, air Limits Of Insurance, 4.a. Bail Bonds
conditioning,fire protec-of this endorsement for cost of bail
tion systems, or other bonds required because of accidents
equipment or applianc-or traffic law violations arising out of
es; or the use of any vehicle to which the
Bodily Irjury Liability Coverage ap-
ii) The interior of any plies.We do not have to furnish these
building or structure, or bonds.
to personal property in
the building or structure, b. Paragraph 4. is replaced by the fol-
caused by or resulting lowing:
from rain,snow,sleet or All reasonable expenses incurred byice, whether driven by the insured at our request to assist us
wind or not. in the investigation or defense of the
c. Limit Of Insurance claim or"suit', including actual loss of
earnings up to the limit shown in Sec-
With respect to the insurance afford-tion B. Limits Of Insurance, 4.b.
ed in Paragraphs 3.a.and 3.b.above,Loss Of Earnings of this endorsement
the Damage To Premises Rented per day because of time off from
To You Limit as shown in the Decla-work.
rations is amended as follows:
5. Medical Payments
1) Paragraph 6. of Section III -
Limits Of Insurance is replaced The Medical Expense Limit of Any One
by the following: Person as stated in the Declarations is
amended to the limit shown in Section B.
6. Subject to Paragraph 5. Limits Of Insurance, 5. Medical Pay-
above, the Damage To ments of this endorsement.
Premises Rented To You
Day g6. 180 Coverage For Newlyisthemostwewillpay Formed
under Coverage A- Bodily Or Acquired Organizations
Injury And Property Dam- Section II - Who Is An Insured is
age Liability for damages amended as follows:
because of "property dam-
age"to any one premises: Subparagraph a. of Paragraph 3. is re-
a. While rented to you, or
placed by the following:
temporarily occupied by a. Insurance under this provision is af-
forded only until the 180th day after
Includes copyrighted material of Insurance
GA 233 0917 Services Office, Inc.,with its permission. Page 10 of 17
Page 2730 of 6355
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
7. Waiver Of Subrogation
exclusions:
Section IV-Commercial General Liabil- This insurance does not ap-
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
We waive any right of recovery we may
cease to be a tenant in
that phaveagainstanypersonororganization
against whom you have agreed to waive i) 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
Lessor Of Leased Equip-
ations
included in the "products-completed oper- b) q p-
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-
erage Part The insured must do nothing suchsuipment when you and
person(s) or organiza-
after a loss to impair our rights. At our re- tion(s) have agreed per Par-
quest,the insured will bring"suit'or trans- agraph 8.a.(1) of this en-
fer those rights to us and help us enforce dorsement to provide insur-those rights.
ance. Such person(s) or or-
8. Automatic Additional Insured - Sped- ganization(s) are insureds
tied 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, by your
maintenance, operation or
described in Paragraph 8.a.(2)of use of equipment leased to
this endorsement (hereinafter re-
or-
ferred to as additional insured)
you such person(s) '
ganizzation(s).. AA 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:
person or(
a) Managers Or Lessors Of rref rrred to below
organi
s vten-
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-
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 233 09 17 Services Office, Inc.,with its permission. Page 11 of 17
Page 2731 of 6355
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:
sale
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, havedorisobligatedtobeenlabeledorre-
pay damages by labeled or used as
reason of the as-
a container, part or
sumptbn of liability ingredient of anyinacontractorotherthingorsub-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 ads or omis-
ranty unauthorized
sions those of
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
spedion, 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- ii) This insurance does not
ness, in connection apply to any insured
with the distribution
or sale of the
person or organization:
products; 1) From whom you
6) Demonstration, in-
have acquired
such products, or
stallation, servicing any ingredient,part
Includes copyrighted material of Insurance
GA 233 0917 Services Office, Inc.,with its permission. Page 12 of 17
Page 2732 of 6355
or container, enter- e) Mortgagee, Assignee Or
ing into, accompa- Receiver
Hying 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
tons 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 structurald) 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- agraph 8.a.(1) of this endorse-
litical subdivision with which ment:
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
anoe, 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- sired 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 233 09 17 Services Office, Inc.,with its permission. Page 13 of 17
Page 2733 of 6355
in Paragraph 8.a.(1) of this en-tion I - Coverage A - Bodily Injury
dorsement;or And Property Damage Liability:
2) Available under the applicable Paragraphs (3) and (4) of this exclu-
Limits of Insurance shown in the sion do not apply to tools or equip-
Declarations;ment loaned to you,provided they are
not being used to perform operations
whichever is less.at the time of loss.
This endorsement shall not increase b. With respect to the insurance provid-the applicable Limits of Insurance ed by this section of the endorse-
shown in the Declarations. ment, the following additional provi-
c. Section IV - Commercial General sions apply:
Liability Conditions is amended to 1) The Limits of Insurance shown in
include the following: the Declarations are replaced by
Automatic Additional Insured Pro- the limits designated in Section
vision B. Limits Of Insurance, 9.
Property Damage To Borrowed
This insurance applies only if the Equipment of this endorsement
bodily injury" or "property damage" with respect to coverage provid-
occurs, or the "personal and advertis- ed by this endorsement. These
ing injury'offense is committed: limits are indusive of and not in
1) During the policy period; and addition to the limits being re-
placed. The Limits of Insurance
2) Subsequent to your execution of shown in Section B. Limits Of
the written contract or written Insurance, 9. Property Damage
agreement, or the issuance of a To Borrowed Equipment of this
written permit or written authori- endorsement fix the most we will
zation, described in Paragraph pay in any one "occurrence" re-
8.a.(1). gardless of the number of:
d. Section IV - Commercial General a) Insureds;
Liability Conditions is amended as b) Claims made or "suits"
follows: brought;or
Condition 5. Other Insurance is
c) Persons or organizations
amended to include: making claims or bringing
Primary And Noncontributory In- suits".
surance 2) Deductible Clause
This insurance is primary to and will
a) Our obligation to pay dam-not seek contribution from any other ages on your behalf appliesinsuranceavailabletoanadditionalonlytotheamountofdam-insured per Paragraph 8.a.(1) of this ages for each "occurrence"
endorsement provided that: which are in excess of the
1) The additional insured is a Deductible Amount stated in
Named Insured under such other Section B. Limits Of Insur-
insurance;and ance, 9. Property Damage
To Borrowed Equipment of
2) You have agreed in writing in a this endorsement. The limits
contract, agreement, permit or of insurance will not be re-
authorization described in 8.a.(2) duped by the application of
of this endorsement that this in- such deductible amount.
surance would be primary and
would not seek contribution from b) Section IV - Commercial
any other insurance available to General Liability Condi-
the additional insured.tions, 2. Duties In The
Event Of Occurrence, Of-
9. Property Damage To Borrowed Equip- fense, Claim Or Suit, ap-
ment plies to each claim or "suit'
a. The following is added to Exclusion
irrespective of the amount.
2.j.Damage To Property under Sec-
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GA 233 0917 Services Office, Inc.,with its permission. Page 14 of 17
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c) We may pay any part or all 12. Nonowned Aircraft
of the deductible amount to
effect settlement of any The following is added to Exclusion 2.g.
claim or"suit'and, upon no- Aircraft, Auto Or Watercraft under Sec-
tification of the action taken, tion I -Coverage A -Bodily Injury And
you shall promptly reim- Property Damage Liability:
burse us for such part of the This exclusion does not apply to an air-deductible amount as has craft you do not own, provided that:been paid by us.
10. Employees As Insureds - Specified
a. The pilot in command holds a current
effective certificate, issued by a dulyHealthCareServicesAndGoodSamar-constituted authority of the UniteditanServices
States of America or Canada, desig-
Paragraph 2.a.(1)(d) under Section II -nating that person as a commercial or
Who Is An Insured does not apply to: airline transport pilot;
a. Your "employees" who provide pro b. The aircraft is rented with a trained,
fessional health care services on your paid crew; and
behalf as a duly licensed nurse,
c. The aircraft does not transport per-
emergency medical technician or sons or cargo for a charge.
paramedic in the jurisdiction where an
occurrence" or offense to which this 13. Bodily Injury Redefined
insurance applies takes place; or
Section V-Definitions, 4. "Bodily injury'
b. Your"employees"or"vdunteer work- is replaced by the following:
ers", other than an employed or vol-
unteer doctor, providing first aid or 4. "Bodily injury' means bodily harm or
good samaritan services during their injury, sickness, disease, disability,
work hours for you will be deemed to humiliation, shock, fright, mental an-
be acting within the scope of their guish or mental injury, including care,
employment by you or performing du loss of services or death resulting
ties related to the conduct of your from any of these at any time.
business. 14. Expected Or Intended Injury Redefined
11. Broadened Notice Of Occurrence The last sentence of Exclusion 2.a. Ex-
Paragraph a. of Condition 2. Duties In pected Or Intended Injury under Sec-
The Event Of Occurrence, Offense, tion I -Coverage A- Bodily Injury And
Claim Or Suit under Section IV - Corn- Property Damage Liability is replaced by
mercial General Liability Conditions is the following:
replaced by the following: This exclusion does not apply to "bodily
a. You must see to it that we are notified injury"or"property damage"resulting from
as soon as practicable of an "occur- the use of reasonable force to protect per-
rence"or an offense which may result sons or property.
in a claim.To the extent possible, no- 15. Former Employees As Insureds
tice should include:
The following is added to Paragraph 2.1) How, when and where the "oc- under Section II-Who Is An Insured:
currence"or offense took place;
2) The names and addresses of
2. Each of the following is also an in-
any injured persons and wit-
sured:
nesses; and Any of your former "employees", di-
3) The nature and location of any
rectors, managers, members, part-
injury or damage arising out of ners or "executive officers", including
but not limited to retired, disabled or
the"occurrence"or offense. those on leave of absence, but only
This requirement applies only when for acts within the scope of their em-
the "occurrence" or offense is known ployment by you or for duties related
to an"authorized representative". to the conduct of your business.
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16. Voluntary Property Damage Coverage 2) Exclusions
a. Coverage D - Voluntary Property This insurance does not apply to
Damage Coverage property damage"that would be
excluded by Coverage A-Bodi-Section I -Coverages is amended to ly Injury And Property Damageincludethefollowing: Liability, 2. Exclusions, except
1) Insuring Agreement for j. Damage To Property, par-
agraphs (3), (4), (5) and (6), k.
a) We will pay the cost to re- Damage To Your Product, and
pair or replace "property I. Damage To Your Work.
damage" to property of oth-
ers arising out of operations 3) Definitions
incidental to your business For purposes of Voluntarywhen:Property Damage Coverage
1) Damage is caused by only,the following definitions un-
you; or der Section V - Definitions are
replaced by the following:
2) Damage occurs while in
your possession. 16. "Occurrence" means an in-
cident, including continuous
At your written request, we or repeated exposure to
will make this payment re- substantially the same gen-
gardless of whether you are eral harmful conditions that
at fault for the "property result in "property damage".
damage".
20. "Property damage" means
If you, at our request, re- physical injury to tangible
place, or make any repairs property."Electronic data" is
to, damaged property of not tangible property, and
others, the amount we will property damage" does not
pay under Voluntary Prop- include disappearance, ab-
erty Damage Coverage will straction or theft.
be determined by your actu-
al cost to replace or repair b. Care, Custody Or Control Liability
the damaged property, ex-Coverage
cluding any profit or over-For purposes of the coverage provid-head. ed by Care, Custody Or Control Li-
Any payment we make un-Coverage in this endorsement
der Voluntary Property only:
Damage Coverage shall not 1) Section I -Coverage A-Bodilybeinterpretedasanadmis- Injury And Property DamagesionofliabilitybyyouorbyLiability, 2. Exclusions, j.us. Damage To Property, Subpara-
It shall be your duty, not our graphs(3),(4) and (5)do not ap-
duty, to defend any claim or ply to "property damage" to the
suit'to which this insurance property of others described
applies. therein.
No other obligation or liabil-2) It shall be your duty, not our duty,
ity to pay sums or perform to defend any claim or "suit" to
acts or services is covered. which this insurance applies.
b) This insurance applies to No other obligation or liability to
property damage"only if pay sums or perform acts or ser-
vices is covered.
1) The "property damage"
takes place in the "cov- This Paragraph (2) supersedes
erage territory'; and any provision in the Coverage
Part to the contrary.
2) The "property damage"
occurs during the policy
3) "Property damage" for which
period. Care, Custody Or Control Lia-
bility Coverage provides cover-
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age shall be deemed to be 3) The Voluntary Property Dam-
caused by an "occurrence" but age Coverage, Aggregate Limit
shall not serve to limit or restrict Of Insurance is the most we will
the applicability of any exclusion pay for the sum of all damages
for"property damage" under this under Voluntary Property
Coverage Part. Damage Coverage. This limit
applies separately to each "cov-c. Limits Of Insurance And Deducti- erage term".
bles
For purposes of the coverage provid
4) Deductible Clause
ed by Voluntary Property Damage a) Our obligation to pay dam-
Coverage and Care, Custody Or ages on your behalf applies
Control Liability Coverage, Section only to the amount of dam-
III -Limits Of Insurance is amended ages for each "occurrence"
to include the following: which are in excess of the
Deductible Amount stated
1) The Limits of Insurance shown in for the applicable coverage
the Declarations are replaced by in the Schedule. The limits
the limits designated in Section of insurance will not be re-
B. Limits Of Insurance, 16. duced by the application ofVoluntaryPropertyDamagesuchDeductibleAmount.
Coverage And Care, Custody
Or Control Liability Coverage, b) Section IV - Commercial
in this endorsement. These limits General Liability Condi-
are inclusive of, and not in addi- tions, 2. Duties In The
tion to, the limits being replaced. Event Of Occurrence, Of-
The Limits of Insurance shown in fense, Claim Or Suit, ap-
the Schedule fix the most we will plies to each claim or "suit'
pay regardless of the number of: irrespective of the amount.
a) Insureds; c) We may pay any part or all
s"
of the Deductible Amount to
b) Claims made or "suit
brought;or
effect settlement of any
claim or"suit' and, upon no-
c) Persons or organizations tification of the action taken,
making daims or bringing you shall promptly reim-
suits". burse us for such part of the
Deductible Amount as has
2) (a) Subject to (3) below, the been paid by us.
Voluntary Property Dam-
age Coverage, Each Occur- 17. Broadened Contractual Liability -Work
rence Limit Of Insurance is Within 50'Of Railroad Property
the most we will pay for the Section V-Definitions, 12."Insured con-
sum of damages under Vol- tract"is amended as follows:
untary Property Damage
Coverage;a. Paragraph c. is replaced by the fol-
lowing:b) The Care,Custody Or Con-
trol Liability Coverage,c. Any easement or license agree-
Each Occurrence Limit Of ment;
Insurance is the most we will
pay for the sum of damages b. Paragraph f.(1) is deleted in its entire-
under Care, Custody Or ty.
Control Liability Coverage; 18. Alienated Premises
because of all"property damage" Exclusion 2.j. Damage to Property,
arising out of any one "occur- Paragraph (2) under Section I - Cover-
rence".
age A - Bodily Injury And Property
Damage Liability does not apply if the
premises are"your work".
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GA 233 09 17 Services Office, Inc.,with its permission. Page 17 of 17
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CinciPlus°
BUSINESS AUTO XC+®
EXPANDED COVERAGE PLUS)
ENDORSEMENT - FLORIDA
This endorsement modifies insurance provided by the following:
BUSINESS AUTO COVERAGE FORM
With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless
modified by this endorsement.
A. Blanket Waiver of Subrogation This provision does not apply unless the valid
SECTION IV - BUSINESS AUTO CONDI-
written contract has been:
TIONS, A. Loss Conditions, 5. Transfer of 1. Executed prior to the accident causing
Rights of Recovery Against Others to Us is bodily injury'or"property damage"; and
amended by the addition of the following:
2. Is still in force at the time of the "accident"
We waive any right of recovery we may have causing "bodily injury" or "property dam-
against any person or organization because of age".
payments we make for "bodily injury' or
property damage" arising out of the operation D. Employee Hired Auto
of a covered "auto" when you have assumed 1. Changes in Liability Coverage
liability for such "bodily injury" or "property
damage" under an "insured contract", provid- The following is added to the SECTION II
ed the"bodily injury"or"property damage" oc- LIABILITY COVERAGE, A. Coverage,
curs subsequent to the execution or the "in- 1.Who is an Insured:
sured contract".
An "employee" of yours is an "insured"
B. Noncontributory Insurance while operating an "auto" hired or rented
SECTION IV - BUSINESS AUTO CONDI-
under a contract or agreement in that
employee's" name, with your permission,TIONS, B. General Conditions, 5. Other In- while perforrring duties related to the
surance c. is deleted in its entirety and re- conduct of your business.
placed by the following:
c. Regardless of the provisions of Par
2. Changes in General Conditions
agraph a. above, this Coverage SECTION IV - BUSINESS AUTO CON-
Form's Liability Coverage is primary DITIONS, B. General Conditions, 5.
and we will not seek contribution Other Insurance is deleted in its entirety
from any other insurance for any lia- and replaced by the following:
bility assumed under an "insured
contract" that requires liability to be b. For Hired Auto Physical Damage
assumed on a primary noncontributo Coverage the following are deemed
ry basis. to be covered "autos"you own:
C. Additional Insured by Contract 1) Any covered "auto" you lease,
hire, rent or borrow; and
SECTION II - LIABILITY COVERAGE, A.
Coverage, 1. Who is an Insured is amended 2) Any covered "auto" hired or
to include as an insured any person or organi rented by your"employee"under
zation for whom you have agreed in a valid a contract in that individual "em
written contract to provide insurance as of ployee's" name, with your per
forded by this policy. mission, while performing duties
related to the conduct of your
This provision is limited to the scope of the business.
valid written contract.
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However, any "auto" that is leased, a. Is effective on the date of acquisition
hired, rented or borrowed with a driver or formation, and is afforded for 180
is not a covered"auto". days after such date;
E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily injury" or
ment property damage" resulting from an
SECTION III - PHYSICAL DAMAGE COV-
accident" that occurred before you
ERAGE, C. Limit of Insurance is amended
acquired or formed the organization;
by adding the following: c. Does not apply to any newly acquired
4. The most we will pay for all "loss" to au-
or formed organization that is a joint
dio, visual or data electronic equipment venture or partnership;and
and any accessories used with this d. Does not apply to an insured under
equipment as a result of any one "acci- any other automobile liability policy or
dent"is the lesser of would be an insured under such a
policy but for the termination of such
a. The actual cash value of the dam-
policy or theo exhaustion of such poli-
aged or stolen property as of the time cy's limits of insurance.
of the"accident";
3. Any of your "employees" while using a
b. The cost of repairing or replacing the covered "auto" in your business or your
damaged or stolen property with oth-erpersonal affairs, provided you do not own,
property of like kind and quality; or hire or borrow that"auto".
C. $2,500. G. Liability Coverage Extensions - Supple-
Provided the equipment,at the time of the mentary Payments-Higher Limits
loss"is: SECTION II - LIABILITY COVERAGE, A.
a. Permanently installed in or upon the Coverage,2. Coverage Extensions, a. Sup-
covered "auto" in a housing, opening plementary Payments is amended by:
or other location that is not normally 1. Replacing the $2,000 Limit of Insuranceusedbythe "auto" manufacturer for for bail bonds with $4,000 in(2); and
the installation of such equipment;
b. Removable from a permanently in-
2. Replacing the $250 Limit of Insurance for
reasonable expenses with$500 in (4).
stalled housing unit as described in
Paragraph 2.a.above; or H. Hired Auto-Physical Damage
c. An integral part of such equipment. If hired "autos"are covered"autos"for Liability
Coverage, then Comprehensive and Collision
F. Who is an Insured -Amended Physical Damage Coverages as provided un-
SECTION II - LIABILITY COVERAGE, A. der SECTION III - PHYSICAL DAMAGE
Coverage, 1.Who is an Insured is amended COVERAGE of this Coverage Part are ex
by adding the following: tended to "autos" you hire, subject to the fol-
lowing:
The following are"insureds":
1. The most we will pay for "loss" to any
1. Any subsidiary which is a legally incorpo- hired "auto" is$50,000 or the actual cash
rated entity of which you own a financial value or cost to repair or replace, which-
interest of more than 50% of the voting ever is the least, minus a deductible.
stock on the effective date of this cover-
age form. 2. The deductible will be equal to the largest
deductible applicable to any owned "auto"
However, the insurance afforded by this for that coverage, or$1,000,whichever is
provision does not apply to any subsidiary less.
that is an "insured" under any other au-
tomobile liability policy or would be an "in 3. Hired Auto - Physical Damage coverage
sured" under such policy but for termina is excess over any other collectible insu
tion of such policy or the exhaustion of once.
such policy's limits of insurance. 4. Subject to the above limit,deductible, and
2. Any organization that is newly acquired or excess provisions we will provide cover
formed by you and over which you main- age equal to the broadest coverage appli
tain majority ownership. The insurance cable to any covered "auto" you own in
provided by this provision: sured under this policy.
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Page 2739 of 6355
Coverage includes loss of use of that hired au- K. Airbag Coverage
to, provided it results from an "accident" for
which you are legally liable and as a result of SECTION III - PHYSICAL DAMAGE COV-
which a monetary loss is sustained by the ERAGE, B. Exclusions, 3.a. is amended by
leasing or rental concern. The most we will adding the following:
pay for any one"accident"is$3,000.
However, the mechanical and electrical
If a limit for Hired Auto - Physical Damage is breakdown portion of this exclusion does not
shown in the Schedule, then that limit replac- apply to the accidental discharge of an airbag.
es, and is not added to, the $50,000 limit indi- This coverage for airbags is excess over any
cated above and the deductibles shown in the other collectible insurance or warranty.
Schedule are applicable.
L. Loan or Lease Gap Coverage
I. Rental Reimbursement
1. SECTION III - PHYSICAL DAMAGE
SECTION III - PHYSICAL DAMAGE COV- COVERAGE, C. Limit of Insurance is
ERAGE is amended by adding the following: deleted in its entirety and replaced by the
following, but only for private passenger1. We will pay for rental reimbursement ex- type"autos"with an original loan or lease,
penses incurred by you for the rental of and only in the event of a "total loss" to
an "auto" because of a "loss"to a covered such a private passenger type"auto":
auto". Payment applies in addition to the
otherwise applicable amount of each cov- a. The most we will pay for"loss" in any
erage you have on a covered "auto". No one"accident"is the greater of:
deductible applies to this coverage.
1) The amount due under the terms
2. We will pay only for those expenses in of the lease or loan to which
curred during the policy period beginning your covered private passenger
24 hours after the "loss" and ending, re- type"auto"is subject, but will not
gardless of the policy's expiration, with include:
the lesser of the following number of
a) Overdue lease or loan pay-days:
ments;
a. The number of days reasonably re
b) Financial penalties imposedquiredtorepairthecovered "auto". If
under the lease due to highloss" is caused by theft,this number
mileage, excessive use orofdaysisaddedtothenumberof
abnormal wear and tear;days it takes to locate the covered
auto"and return it to you; or c) Security deposits not re-
b. 30 days. funded by the lessor;
3. Our payment is limited to the lesser of the
d) Costs for extended warran
following amounts: ties, Credit Life Insurance,
Health, Accident or Disabil-
a. Necessary and actual expenses in-
with
Insurance purchased
curred; or with the loan or lease;and
b. $50 per day. e) Carry-over balances from
previous loans or leases, or
4. This coverage does not apply while there
are spare or reserve "autos" available to 2) Actual cash value of the stolen
you for your operations. or damaged property.
5. We will pay under this coverage only that b. An adjustment for depreciation and
amount of your rental reimbursement ex- physical condition will be made in de-
penses which is not already provided for termining actual cash value at the
under SECTION III - PHYSICAL DAM- time of"loss".
AGE COVERAGE, A Coverage, 4. 2. SECTION V - DEFINITIONS is amendedCoverageExtensions.
by adding the following, but only for the
J. Transportation Expense-Higher Limits purposes of this Loan or Lease Gap
Coverage:
SECTION III - PHYSICAL DAMAGE COV-
ERAGE, A. Coverage, 4. Coverage Exten- Total loss" means a "loss" in which the
sions is amended by replacing $20 per day cost of repairs plus the salvage value ex-
with $50 per day, and $600 maximum with seeds the actual cash value.
1,500 maximum in Extension a. Transpor-
tation Expenses.
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Page 2740 of 6355
M. Duties in the Event of an Accident, Claim, age under this Coverage Form because ofSuitorLoss -Amended such failure.
SECTION IV - BUSINESS AUTO CONDI- O. Mental Anguish Resulting from Bodily Inju-TIONS,A. Loss Conditions, 2. Duties in the ry
Event of Accident,Claim, Suit or Loss, a.is
amended by adding the following: SECTION V - DEFINITIONS, C. "Bodily inju-
ry" is deleted in its entirety and replaced byThisconditionappliesonlywhenthe "acci- the following:
dent"or"loss"is known to:
1. You,ifyou are an individual;
Bodily injury" means bodily injury,sickness or
disease sustained by a person, including men-
tal2. A partner, if you are a partnership; anguish and death sustained by the same
person that results from such bodily injury,
3. An executive officer or insurance manag sickness or disease. "Bodily injury" does not
er, if you are a corporation; or include mental anguish or death that does not
result from bodily injury, sickness or disease.
4. A member or manager, if you are a lim-
ited liability company. P. Coverage for Certain Operations in Con-
nection with Railroads
N. Unintentional Failure to Disclose Hazards
With respect to the use of a covered "auto" in
SECTION IV - BUSINESS AUTO CONDI- operations for or affecting a railroad:
TIONS, B. General Conditions, 2. Conceal-
1. SECTION V - DEFINITIONSment, Misrepresentation or Fraud is H. "Insured
amended by adding the following: tract 1.c. is deleted in its entirety and
replaced by the following:
However, if you unintentionally fail to disdose
any hazards existing on the effective date of c. An easement or license agreement;
this Coverage Form, we will not deny cover- 2. SECTION V - DEFINITIONS, H. "Insured
contract",2.a.is deleted.
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