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Signed Contracts_North Fork Catfish Creek Water Main ImprovmentsTHE CTTY OF DUB E MEMORANDUM Masterpiece on the Mississippi September 2, 2009 TO: Michael C. Van Milligen, City Manager FROM: Bob Green, Water Department Manage~~, SUBJECT: North Fork Catfish Creek Water Main Improvements INTRODUCTION: The purpose of this memorandum is to request your approval and the authorization to proceed in the replacement of approximately 77 lineal feet of 8" diameter water main with 12" diameter water main including accessories in Pennsylvania Ave. at the North Fork Catfish Creek Culvert. DISCUSSION: The existing 8" dia. water main section through the North Fork Catfish Creek culvert in Pennsylvania Ave. was installed July 8, 1980. Currently, Pennsylvania Ave. water main is a 12" diameter transmission main carrying water from the high system west to the 4~' pressure zone with the exception of this small section of 8" water main. This small improvement item will reduce the friction loss and provide larger quantities of water to the west side of Dubuque. City Engineering is currently constructing the North Fork Catfish Creek Storm Water & Sanitary Sewer project on Pennsylvania Ave. which provides an opportunity for the Water Department to upgrade this water main during the current project that includes traffic control and street reconstruction. Estimate of cost has been solicited from Portzen Construction Inc. (currently working on the North Fork Catfish Creek Storm Water & Sanitary Sewer Project) for this project. CONTRACTOR ADDRESS BID PROPOSAL COST Portzen Construction Inc. Dubuque, IA $15,850.00 This proposal is for labor only for installation of the water main materials and accessories. The water main materials for this project are being provided by the City. This project would be part of our current ongoing Capital Improvement Project. Water Main Replacement, fund code 740-1405-73211. The funds required to support this project are available. We have provided for your review a copy of the bid proposal and contract for your signature for this project. ACTION: It is staff and my recommendation that this project request be approved and that we are allowed to proceed with offering this project to Portzen Construction, Inc. of Dubuque, Iowa in the proposed cost of $15,850.00. Due to the size and cost of this project it does not require City Council action. Staff and I are available to meet with you at your convenience to discuss and answer any questions that you may have on this project. Prepared by: Brant Schueller, Water Engincering Assistant BG: bs Attachments Cc: File THE CTTY OF DUBL E Masterpiece on the Mississippi City of Dubuque Water Department 925 Kerper Court Dubuque,lA 52001 (563) 589-4305 (563) 589-4204 FAX CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT THIS PUBLIC 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 and Portzen Construction, Inc. (Contractor) of the City of (Contractor Name) Dubuque, IA 52003 (205 Stone Valley Drive) (Contractors Address -City and State) PROJECT TITLE: NORTH FORK CATFISH CREEK WATER MAIN IMPROVEMENTS 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)• Removal of existing 8" water main from existing CMP culvert and replace (approx. 77 feet) with new 12" diameter ductile iron pipe w/. fittings and polywrap including 14 feet of 24" DIP casing pipe. Backfill and street repair over same. wee option ~~ on plan attached. *NOTE: City Water Department to provide all water pipe material for the project/ The work described above shall be completed at the following location(s)• On Pennsylvania Ave. @ North Fork Catfish Creek (west of John F. Kennedy Road) 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. Page 1 of 4 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. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Five percent (5%) of the Contract price may be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Manager to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the City of Dubuque Standard Specifications including Genera! Requirements and has examined and understands the project description described in Section 1 and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 7. The Contractor shall guarantee for a period two years and make good any other defect in any part of the Project due to improper construction or material performance notwithstanding the fact that said Project may have been accepted and fully paid for by the City. The guarantee shall commence on the date that the City pays full compensation for the complete performance of this contract. 8. The Contractor shall fully complete the Project under this Contract on or before November 1, 2009 (DATE) 9. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and agains# all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or tie Contractor's subcontractor may 6e liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Page 2 of 4 10. Unless otherwise specified in the Contract Documents, prior to the commencement of any work on the Project and at all times during the performance of this Contract, the Contractor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule for Artisan Contractors or General Contractors. 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 less 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 $ 15,850.00 THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 20% OF THE ABOVE LISTED ESTIMATED AMOUNT. CITY OF BUQUE, IOWA By: Mic ael C. Van illigen at City Manager CONTRACTOR: 1'~~N ~ ~~k5"C'~uG~~oti1, ~ t~C Company Name ,,r,° Signature D to ~ tC~A~I, 'p0~~~:~ Printed Name ~~~s~~~ Title CONTRACTOR ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITIONS: By: ~ ~ - ~, ~®9 Signatu e D to Printed Name Title Page 3 of 4 REV. 07/07 Page 4 of 4 Portzen Construction, Inc. Commercial, General & Industrial Construction Concrete Work -Walls & Flatwork Paving -.- Excavating -.- Steel Building 205 Stone Va11ey.Dr. Dubuque, IA 52003 (563) 557-7642 FAX (563) 557-9048 August 28, 2009 Attn: City of Dubuque RE: Pennsylvania Ave. Water Main Replacement We hereby propose to furnish the materials and perform the labor necessary for the completion of: North Fork Catfish Water main Improvements as per IIW Engineers 07195-01 The above work will be performed and completed in a substantial workmanlike manner for the sum of Option 1 is Fifteen Thousand Eight Hundred and Fifty Dollars. Op.1 $ 15,850.00 City of Dubuque will provide all pipe, fittings, and poly wrap Payment to be made as follows: Within 15 days after completion of the work - Terms: Net 15 days, 1 1/2% monthly service charge. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by Portzen Construction, Inc. THIS PROPOSAL MAY BE WITHDRAWN BY PORTZEN CONSTRUCTION, INC. IF NOT ACCEPTED WITHIN 30 DAYS. Sincere) , i" ~ a vL ~r / Mike Portzen Acceptance Of Proposal , ;The above prices, specifications and conditions are satisfactory and are hereby accepted. You are; authorized to do the work as specified. Payment will be made as outlined above. ,Signature: Date: ' H L UKU DATE (MMIDWYYYI~ TM ABILITY INSURANCE 9/2/2009 PRODUCER (563) 556-0272 FAX: (563) 556-4425 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Friedman Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 880 Locust Street - Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 759 Dubu a IA 52004-0759 INSURERS AFFORDING COVERAGE NAIC # INSURED Portzen Construction, Inc., Ciba Dubuque INSURER A:C].nClnnat]. Insurance 10677 Plumbing 6 Heating, Portzen Leasing LLC, INSURER & Portzen Building Firm LLC INSURER C: 205 Stone Valley Dr. INSURER D: Dubuque IA 52003 INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTW . ITHSTANDING 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 . A E LIM S S M A BEEN UCED B P CLAI INSR DD' L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDiYY POLICY EXPIRATIO DATE MM1DD N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 200,000 A CLAIMS MADE OCCUR CPP3651613 12/31/2008 12/31/2009 MEDEXP An ona erson $ 10,000 P 1 000 000 ERSONALffiADV INJURY , , $ GENERAL A 000 000 $ 2 GGREGATE , , GEN'LAGGREGATELIMITAPPLIESPER: ~ PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY X JEC LOC AU TOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1 000 000 ANY AUTO (Ea accider~ , , A ALL OWNED AUTOS CPP3651613 12/31/2008 12/31/2009 SCHEDULED AUTOS gODILYINJURY (Per person) $ HIRED AUTOS NON-0VJNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per axident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY U $ 10, 000, 000 X OCCUR ~ CLAIMS MADE AGGREGATE $ 10, 000, 000 A DEDUCTIBLE CPP3651613 12/31/2008 12/31/2009 $ X RETENTION $ D $ A WORKERS COMPENSATION AND VVC TATU- O H- EMPLOYER5 LIABILITY x TO LI ITS ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER X E.L. EACH ACCIDENT $ 500, 000 E CLUDED7 If yes, describe under WC1922857 12/31/2008 12/31/2009 E.L. DISEASE-EA EMPLOYE $ 500 000 , SPECIAL PROVISIONS bebw E.L. DISEASE- POLICY LIMIT $ 500, 000 OTHER ~.~~~ ~..~...~ urcRai ~unarwcnirvrvsrvtmc~tsrtxcW51oN5ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: North Fork Catfish Water main mprovements. The City o£ Dubuque including all its elected and appointed officials, all its employees and volunteers, all its board, commissions and/or authorities and their board members, employees anc volunteers are additional insureds on general liability including on going and completed operations equivalent to forms ISO CG2010 0704 & CG2037 0704 as per attached. General Liabilty is primary 6 non-contributory. Policy includes CG2503 0397 "Designated Projects" general aggregate limit or its equivalent. Governmental Immunities endorsement is The City of Dubuque 50 W. 13th St Dubuque, IA 52001 ACORD 25 (2001/08) INS025 (0108).o8a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE 70 THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. AUTHORIZED REPRESENTATNE C Friedman, CPCU/TJ ' ~--*: ~~'"~'"'` ©ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurers}, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. nCnRn ~a t~nn,ino~ INS025 ~oioe~.oea Pase zof2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. GOVERNMENTAL IMMUNITY This endorsemen# modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Organization: The City of Dubuque, Iowa &ECTION N - C0IUIMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following: Nonwalver of Government hnmunity The purchase of this policy and naming of the organization shown in the Schedule as an additional insured does not waive any of fits defenses of govemmenta! immunity available to~ the organization shown in the Schedule under Code of Iowa Secton 670.4 as it now exists and as it may be amended from time to time. Claims Coverage This policy 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 i# may be amended from time bo time. Asaertlan of Government immunity The organization shown in the Schedule shall tie responsible for asserting any defense of governmental im- munity,and may do so at any time and shall do so upon the fimely written request of the insurance carrier. Non-Denial of Coverage for Governmental Immunity We shaifi not deny coverage or deny any of the rights and benefits accruing fio the organization shown in the Schedule under this policy for reasons of governmental immunity unless and until a court of compebsnt juris- diction has ruled in Favor of the defense{s} of governmental imnwniiy asserted by the organization shown in the Schedule. GA 42171A t15 03 WORKERS CaMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROIIA OTHERS ENDORSEIUIENT We have the right to recover our payments Trom anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. SThis agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule BLANKET WAIVER OF SUBROGATION IF YOU ARE REQUIRED SY A WRITTEN CONTRACT OR AGREEf9ENT: MIHICH IS EXECUTED BEFORE A LOSS, TO WAIVE YOUR RIGHTS OF RECOVERY FROM OTHERS, WE AGREE TO WAIVE OUR RIGHTS OF RECOVERY. THIS WAIVER aF RIGHTS APPLIES TO ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY MtRITTEFt CONTRACT TO FURNISH THIS WAIVER, BUT SHALL NOT 8E CONSTRUED TO 8E A WAIVER WITH RESPECT TO ANY OTHER OPERATIONS IN WHICH THE INSURED HAS NO CONTRACTUAL INTEREST. This endorsement changes the policy to which it is attached and is effective on the date issued unless other- wise stated. (The information tnebw is required only when this endorsement is issued subsequerrt to preparation of the policy.} Endorsement Effective 12/31/08 Policy No. WC 1922857- O 1 Endorsement No. PORTZEN CONSTRUCTION INC Insured DBA PORTZEN CONSTRUCTION Premium $ Intl . Insurance Company CINCINNATI INSURANCE COMPANY Countersigned by WC 00 0313 ®19BS National Council on Compensation Insurance. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTCIRS' 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 P age: .... 1. Employee Benefit Liability Coverage ... ........................................................................................... 2 2. Unintentional Failure to Disclose Hazards ........................................................................................ .. 7 3. Damage to Premises Rented to You ................................................................................................. .. 8 4. Supplementary Payments .................................................... ...... .........-• ...-~-~ : 5. Medipl Payments. .......... .............. ... .... ... ................................. .. 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control - .. Liability Coverage (Coverage b.) ....................................................................................................... .. 9 7. 180 Day Coverage for Newly Formed ar Acquired Organizations ..............,_..... ......................_...... 10 8. Waiver of Subrogation ................. ..................................................................,................................... 10 9. Automatic Additions{ Insured -Specified Relationships :................................................................ 10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions -Permits Relating to Premises; • State or Political Subdivisions -Permits; and " • Contractors' Operations 10. Broadened Contractual Liability -Work Within 50' of Railroad Property ......................................... 14 11. Property Damage to Borrowed Equipment ....................................................................................... 14 12. Employees as [nsureds -Specified Health Care 5ervioes :............................................................ 14 • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence._... ...................,............................................................................. 14 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: - $ 1,000 3. Qamage 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: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 t12 47 Services Office, Inc., with its permission. Page 1 of 15 b, Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amourrt of damages for each "oocun-ence" which are in ex- cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop• arty Damage and Care, Cus- tody or Cantrof Liability Cov- erage of this endorsement, The limits of insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties In the Event of Occurrence, Offense, Ctalm or Suit, applies to each claim or "suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II -WHO IS AN INSURED is amended as follows: Subparagraph a, of Paragraph 4, is hereby deleted and replaced by the fol- lowing: a. insurance under this provision is af- forded only until the 180th da}r after you acquire or form the organization or the end of the policy period, whichever is earlier, S. Waiver of Subrogation SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to . Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage ansrng out of your an- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make pa)rment under this Coverage Part, The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speci- fied Relationships a. The following is hereby added to SECTION II - WHO IS AM INSURED: (1) Any person or organization de- scribed in Paragraph 9.a.(2) below (hereinafter referred to as --~~------•-------• -additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a} A written contract or agreement; or (b} An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a} The written or oral contract or agreement is: 1} Currently in effect or- becomes effective during the policy pe- riod;and 2} Executed prior to an "occurrence" or offense to which this insurance would apply; and (b} They are not specifically named as an additional in• sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a} The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises teased to you, subject to the following additiona! exclusions: This insurance does not apply to: 1) Any "occurrence" which takes place after Inctudes~copyrighted material of Insurance GA 233 02 O7 Services Office, Inc., with its permission. Page 10 of 15 you cease to beaten- c) Any physical or ant in that premises. chemical change 2 Structural alterations in the product , new construction or demolition operations made intentional! y by the vendor; performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. _~.___ -_- . solely for the pur- (b) Any person or organization __..., ~ ^ pose of inspection, from which you lease demonstration, equipment with whom you testing, or the have agreed per Paragraph substitution of 9.a.(1} above to provide in- parts under in- surance. Such person(s) or structions from the organizations}ore insureds manufacturer, and solely with respect to their then repackaged liability arising out of the in the original container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- son(s) or organizatlons(s). make such in- speaions, adjust- Howsver, this insurance does not apply to any "oc- ments, tests or currence" which takes place servicing as the vendor has after the equipment lease agreed to make or expires. normally under- (c) Any person or organization takes to make in (referred to below as ven- the usual course dor} with whom you have of business, in agreed per Paragraph connection with 9,a,(1) above to provide in- the distribution or surance, but only with re- sale of the prod- sped to "bodily injury" or ucts; "property damage" arising put of your products' which f) Demonstration, in- are distributed or sold in the stalfation, servic- regular course of the ven- ' ing or repair ap- erations, except dor s business, subject to the following additional ex- such operations elusions: performed at the ' vendor s premises 1) The insurance afforded in connection with the vendor does not the sale of the apply to: product; a) "Bodily injury" or 9) ProrJucts which, "proper#y damage" after distribution or for which the ven- sale by you, have dor is obligated to been labeled or ' pay damages by relabeled or used reason of the as- as a container, sumption of liabil- part ar ingredient ity in a contract or of any other thing agreement. This or substance by ar exclusion does not for the vendor. apply to liability for damages #hat the 2} This insurance does vendor would have in the ab not apply to any in- sured person or or- - sence of the con- ganization: tract or agree- a) From whom you ment; have acquired b) Any express war- such products, or any ingredient ranty unauthorized by you; , part or container, entering into, ac- InGudes copyrighted material of Insurance GA 233 Q2 47 Services Office, Inc., with its permission. Page 11 of 15 companying or containing such 2) This insurance does " products; or not apply to bodily in- " " jury , property dam- b) When liability in- age" or `personal and eluded within the advertising injury" aris- 'products- ing out of operations completed opera- performed for the state (ions hazard" has or political subdivision. been excluded "' under this Cover- Any person or organization ~ with which you have a d age Part with re- sped to such gree per Paragraph 9.a.(1) above to provide insurance products. , but only with respec! to li- (d) Any state or political subdi- ability arising out of "your ... vision with which you have wok" performed far that agreed per Paragraph additional insured by you ar 9.a,(1) above to provide in- on your behalf, A person or surance, subject to the fol- organization's status as an lowing additional provision: insured under this provision of this endorsement contin- This insurance applies only ues far only .the period of with respect to the following ~ time required by ths written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex- issued apermit in connec- piration date of this Caver- #ion with premises you own, age Part. If there is no rent or control and to which this insurance applies: wntten contract or agree- ment, ar if no period of time 1) The existence, mainte- - is required by the written contract or agreement a ~ Hance, repair, con- struction, erection, or , person yr organization's status as an insured under removal of advertising signs, awnings, cano- this endorsement ends. wh pies, cellar entrances, en your operations for that insured are completed X coal holes, driveways, . manholes, marquees, holt away openings, (3} Any insurance provided to an . additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- . tions and similar expo- (a) Subparagraphs (e) and ~f) - sures; or - does not apply to "bodily " 2) The construction, erec- injury or "property damage" included within the "prod- tion, or removal of ele- ucts-completed opera0ons vators; or hazard"; 3) The ownership, main- ~ (b} Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apps to elevators covered by this insurance. "bodily injury", "property damage" or "persona! and (e) Any. state or political subdi- i i advertising .injury" arising out of the sole negligence v s on with which you have agreed per Paragraph or willful misconduct of the dditi 9.a.(i) above to provide m- a onal insured ar their agents, "employees" or any ..._ ... _..,, surance, subject to the fol- Mowing provisions: other representative of the additional insured; or 1) This insurance applles only with respect to op. (c) Subparagraph (f) does not " erations performed by apply to bodily injury", property damage" or "per- yau or an your behalf`.-w for which the state or sonal and advertising injury" political subdivision has arising out of: issued a permit. 1) Defects in design fur- nished by or on behalf CA 233 02 O7 includes copyrighted material of Insurance Services Office, Inc., w(th its permission. Page 12 of 15 'F.~:::, ~ i~~'t . 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