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Improvement Contract_McDermott Excavating_South Algona Street RepairMasterpiece on the Mississippi Dubuque M Amer ca City 11111! 2012 CITY OF DUBUQUE, IOWA SHORT FORM IMPROVEMENT CONTRACT Engineering Depar Intent 50 W. 13th Street Dubuque, Iowa 52001 Office (563) 589 -4270 Fax (563) 589 -4205 www.cityofdubuque.org THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council (City) and McDermott Excavating, Inc. (Contractor) of the City of Dubuque, Iowa for PROJECT TITLE: South Algona Street Pavement Repair For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for (the Project): The project will include the emergency pavement, curb and sidewalk removal on St. Joseph Street between S. Algona and the westerly driveway into St. Joseph Catholic Church. This project also includes the concrete pavement, curb and sidewalk removal on S. Algona Street between St. Joseph Street and 250 feet north of the St. Joseph /Algona intersection. The Project shall be constructed to the existing grades and to any revised grades as described in this Project contract; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the Contract Documents which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following: This Improvement Contract; all ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Contractor's Proposal; and the conditions described in the Contract, including any Special Conditions, Plans and Specifications and General Requirements as adopted by the City Council for the Project. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. Page 1 of 4 THE CITY AGREES: Upon the completion of the Contract, and the acceptance of the Project by the City Manager, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total number of units completed at the unit prices stated in the Contractor's Proposal and Tess any liquidated damages provided for in the Contract Documents. The number of units stated in the contract, special conditions and contractors proposal is approximate only and the final payment shall be made by the work covered by the Contract. CONTRACT ESTIMATED AMOUNT $15,000.00 THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 5% OF THE ABOVE LISTED ESTIMATED AMOUNT. CITY OF DUBUQUE, IOWA By: Michael C. Van Milligen City Manager PRINCIPAL: Excaw Date Contractor By: Page 3 of 4 By: Signature /k4 iodibh.; Printed Name 3tA twV i'So i Title Date ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITIONS: Signature Z/ A4/ -4 ,444 Printed Name Title Date SPECIAL PROVISIONS An out -of -State contractor, before commencing a contract in excess of $5,000.00, shall, pursuant to Iowa Code 91C.7(2), file a bond with the Division of Labor Services of the Department of Employment Services. The Surety Bond shall be executed by a Surety Company authorized to do business in the State of Iowa, and the bond shall be continuous in nature until canceled by the Surety with not less than 30 days written notice to the contractor and to the Division of Labor Services of the Department of Employment Services indicating the Surety's desire to cancel the bond. The bond shall be in the sum of the greater of the following amounts: a. $1,000.00 b. 5% of the contract price Release of the bond shall be conditioned upon the payment of all taxes, including contributions due under the unemployment compensation insurance system, penalties, interest, and related fees, which may accrue to the State of Iowa or its subdivision on account of the execution and performance of the contract. If any time during the term of the bond the Department of Revenue and Finance determines that the amount of the bond is not sufficient to cover the tax liabilities accruing to the State of Iowa or its subdivision, the Department will require the bond to be increased by an amount the Department deems sufficient to cover the tax liabilities accrued and to accrue under the contract, as provided under Iowa Code 91C.7(2). If it is determined that this subsection may cause denial of Federal Funds which would otherwise be available, or would otherwise be inconsistent with requirements of Federal law, this section shall be suspended, but only the extent necessary to prevent denial of the funds or to eliminate the inconsistency with Federal requirements. CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That McDermott Excavating as Principal (Contractor) and Merchants Bonding Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $15,000.00, the same being 100% of the total price of the Contract for the Project herein referred to, lawful money of the United States of America, well and truly to be paid to said City of Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, this 28th day of May , 2013, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated May 21, 2013, incorporated herein by reference, has agreed with said City of Dubuque to perform all labor and furnish all materials required to be performed and furnished for South Algona Street Emergency Pavement Repair Project (the Project) according to the Contract and Construction Documents prepared therefore. It is expressly understood and agreed by the Contractor and Surety bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: 1. PERFORMANCE BOND: The Contractor shall well and faithfully observe, perform, fulfill and abide by each and every covenant, condition and part of said Contract and Contract Documents, by reference made a part hereof, for the Project, and shall indemnify and save harmless the City from all outlay and expense incurred by the City by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT BOND: The Contractor and the Surety shall pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price which the City is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573, Code of Iowa, which by this reference is made a part hereof as though fully set out herein. CITY OF DUBUQUE, IOWA By: McDermott Excavating PRINCIPAL: City Manager By: Contractor 14; Signature 1(11.5 Title SURETY: Merchants Bonding Company (Mutual) Sears ysCompany r Signature Attorney ®In ®Fact Title Dubuque, IA 52001 City, State, Zip Code 563 ®583 ®5775 Telephone Attorney In -Fact PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES FOR CONTRACTORS & SUBCONTRACTORS Submitting Department: Engineering Contact: Jon Dienst CIP:30- 0.2142 -)40/ifo,S Please complete this form in its entirety and submit along with the executed Construction Contracts, Bonds and Certificate of Insurance. Upon receipt, the City Finance Department will work with the Iowa Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to allow for the purchase or inventory withdrawal of materials for the specified Construction Project free from State of Iowa Sales Tax. Construction Project Name: S Algona Street Emergency Pavement Repair Project Description: This project will include the emergency pavement, curb and sidewalk removal on St. Joseph Street between S. Algona and the westerly driveway into St. Joseph Catholic Church. This project also includes the concrete pavement, curb and sidewalk removal on S. Algona Street between St. Joseph Street and 250 feet north of the St. Joseph /Algona intersection. Start Date: May 21, 2013 Completion Date: June 15, 2013 1. General Prime Contractor: /fl - , (t a."/--'4 Contact Name: orb 0 /pit;,,, Complete Address: (Include PO Box and Street Information) /LjLJ07 /1i J j x4 .,p I/Lhe.s1- City, State, Zip Code EMIO u8` jam,. ,..5d. oci Telephone Number: 5-6 3 - 5' ®44\ 3 Federal I.D. Number: (or Include Social Security Number) 39- /g7 <2 71/ Work Type to be Completed: Zehrk.00.1 c 1 F W e t Gm -b , .`�d'L.e k "Val i.SpOfoI c si7 2. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: 3. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: Cm CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYVY) 5/28/2013 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 Wallis Kunnert Price & Smith Inc. 890 Main St. P.O. Box 176 Dubuque IA 52004 -0176 CONTACT Linda Caspersen NAME: p PHONE (563) 583 °5775 INC. No Extl• E-MAIL DSS: lindac@wkpsins.com FAX (563)583 -5779 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Cincinnati Insurance Co. 10677 INSURED McDermott Excavating 14407 Hwy 20 West Dubuque COVERAGES IA 52003 -9709 INSURER B:Cincinnati Indemnity Company 23280 INSURER C: INSURER D: INSURER E : INSURER F : CERTIFICATE NUMBER:CL1352802666 REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER (MM /DCD POLICY (MM /DD /D/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY ENP0060480 1/1/2013 1/1/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) 100 000 $ , MEDEXP(Anyoneperson) $ 5,000 CLAIMS -MADE X OCCUR PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 2 , 000 , 000 GE 'L AGGREGATE POLICY X LIMIT APPLIES PF0 PER: LOC $ A AUTOMOBILE X _ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X X SCHEDULED AUTOS NON -OWNED AUTOS EBA0060480 1/1/2013 1/1/2014 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 $ BODILY INJURY (Per person) BODILYINJURY(Peraccident) $ (Per accident DAMAGE $ BFDOC $ 0 A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ENP0060481 1/1/2013 1/1/2014 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 $ DED X RETENTION $ 0 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A , 401846366 -05 1/1/2013 1/1/2014 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 100,000 E. L. DISEASE - EA EMPLOYEE $ 100,000 $ 500,000 E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Job: South Algona Street Emergency Pavement Repair Project Additional Insured for this job ONLY: City of Dubuque per GA 4113 11/99 & GA 443 1/95. Also attached are Forms GA 4094 10/01, WC 00 03 13, Govenmental Immunities Endorsement and CG 25 03 3/97. A 30 day notice of cancellation will be given to the Cert. Holder if any of these policies cancels. Except for non - payment, which is 10 days. CERTIFICATE HOLDER The City of Dubuque 50 West 13th St. Dubuque, IA 52001 -4864 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE J Allen Wallis III, /L ACORD 25 (2010/05) INS025 (201005).01 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY_ ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS ® SCHEDULED PERSON OR ORGANIZATION - YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions & /or authorities and their board members, employees and volunteers 50 West 13th St. Dubuque, IA 52001 WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that Additional Insured by you or on your behalf. GA 4113 11 99 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Location of Covered Operations: Dubuque, IA Name of Person or Organization (Additional Insured): The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions & /or authorities and their board members, employees and volunteers. 50 West 13th St. Dubuque, IA 52001 Premium Basis Bodily Injury and Property Damage Liability Cost Rates (Per $1000 of cost) Advance Premium $ INCL. (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) 1. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organi- zation (called "additional insured ") shown in the Schedule but only with respect to liability arising out of: A. Your ongoing operations performed for the additional insured(s) at the location designated above; or B. Acts or omissions of the additional in- sured(s) in connection with their general supervision of such operations, 2. With respect to the insurance afforded these additional insureds, the following additional provisions apply: A. Exclusions b., c., g., h.(1), j., k., I, and n. under COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages do not apply. B. Additional Exclusions. This insurance does not apply to: (1) "Bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. This ex- clusion does not apply to liability for damages that the additional in- sured(s) would have in the absence of the contract or agreement. Contains copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1992 GA 443 01 95 (2) (3) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damages arises has been put to its in- tended use by any person or or- ganization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project, "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s) or any of their "employees ", other than the general supervision by the additional insured(s) of your ongoing opera- tions performed for the additional in- sured(s). (4) "Property damage" to: Page 1 of 2 Property owned, used or occu- pied, by or rented to the addi- tional insured(s); Property in the care, custody, or control of the additional in- sured(s) or over which the addi- tional insured(s) are for any pur- GA 443 01 95 pose exercising physical control; or (c) Any work, including materials, parts or equipment furnished in connection with such work, which is performed for the addi- tional insured(s) by you. Contains copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1992 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY / NONCONTRIBUTORY AMENDMENT OF CONDITIONS FOR DESIGNATED ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions & /or authorities and their board members, employees and volunteers 50 West 13th Dubuque, IA 52001 With respect to insurance provided the additional insured shown in the Schedule, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS, 5. Other Insurance is deleted in its en- tirety and replaced by the following: 5. Other lnsurance If other valid and collectible insurance is available to the additional insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a, Primary insurance Where required by a written contract, this insurance is primary and noncontributory as respects any other insurance policy issued to the additional insured. Other- wise, b. below applies. b. Excess Insurance This insurance is excess over any of the other insurance available to the additional insured whether primary, excess, contin- gent or on any other basis. When this insurance is excess, we will have no duty under Coverages A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. GA 4094 10 01 When this insurance is excess over any other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c, Method of Sharing If all of the other insurance permits con- tribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of in- surance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule The City of Dubuque 50 W. 13th St. Dubuque, IA 52001 ®4864 This endorsement changes the policy to which it is attached and is effective on the date issued unless oth- erwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1/1/13 Policy No. WC 1846366 -05 Endorsement No. Insured McDermott Excavating Premium $ Incl . Insurance Company Cincinnati Indemnity Co. Countersigned by WC 00 03 13 © 1983 National Council on Compensation Insurance. GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurance callier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, IA as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.04 shall be covered by the tent's and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request for the insurance carrier. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits . accruing to the City of Dubuque, IA under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defenses) of governmental immunity asserted by the City of Dubuque, IA. 5. No Other Change in Policy. The insurance carrier and the City of Dubuque, Iowa agree that the above preservation of governmental immunities shall not otherwise change or alter coverage available under the policy POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): South Algona Street Pavement Repair Dubuque, IA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by acci- dents under COVERAGE C (SECTION I), which can be attributed only to operations at a single designated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location ", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except dam- ages because of "bodily injury" or "property damage" included in the "products- completed operations hazard ", and for medical expenses under COVERAGE C regardless of the num- ber of: a. Insureds; CG 25 04 03 97 b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits'. 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location ". Such payments shall not re- duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 D. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by acci- dents under COVERAGE C (SECTION I), which cannot be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. Page 2 of 2 C. When coverage for liability arising out of the "products- completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defini- tions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. E. The provisions of Limits Of Insurance (SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Office, Inc., 1996 CG 25 04 03 97 El