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Signed Contract_KJWW Engineering Consultants_Carnegie-Stout Public LibraryTHE CITY OF DUB Masterpiece on t1e Mississippi TO: Michael C. Van Milligen, City Manager FROM: Steve Sampson Brown, Project Manager Dubuque All- America City 2007 SUBJECT: Carnegie -Stout Public Library Renovation Project KJVWV Engineering Consultants, Agreement for Engineering Services DATE: December 21, 2011 INTRODUCTION This memorandum is to seek your approval and execution of an Agreement for Engineering Services between the City of Dubuque and KJVWV Engineering Consultants (KJVWV) for close- out activities related to the Carnegie -Stout Public Library Renovation Project. DISCUSSION As noted on the attached engineering services agreement, KJVWV will provide the following services: - On -site and remote diagnostic evaluation of the current HVAC and DDC (direct digital control) systems. - Discussions with contractors and library staff on the plans, action items, and responsibilities to resolve necessary close -out issues. Determination if any necessary close -out work is covered by the scope of the project warranty and /or City warranty bond. - Coordination with contractors and library staff of close -out work completion. City Attorney Barry Lindahl has reviewed and approved the form of agreement. Finance Director Ken Tekippe has reviewed and approved the submitted insurance documents. BUDGET IMPACT The KJVVW Agreement for Engineering Services in the amount of $15,000, plus travel expenses, will be initially funded by the contingency funds of the Library Renovation Project, Capital Improvement Project (CIP 1001141), leaving a contingency balance of $21,871.06. Additional consideration will be given at the conclusion of the repairs to determine the cost of this work can be recovered from the contractors found at fault. ACTION TO BE TAKEN The execution of the attached KJVWV Agreement for Engineering Services is requested. cc: Barry Lindahl, City Attorney Gus Psihoyos, City Engineer Jenny Larson, Budget Director Susan Henricks, Library Director Attachment September 12, 2011 October 18, 2011 Mr. Steve Brown City of Dubuque Engineerng Division City Hall 5O West 13thStreet Dubuque, Iowa 520O1'4884 RE. Revised Agreemen for Engineering Services Carnegie Stout Library Closeout Dubuque, Iowa KJVVVV#OG.0587.O1 Dear Steven: Ell ENGINEERING ElCONSULTANTS Experience you can build on Thank you for asking KJWW Engineering t� submit an Agreement for mechanica engineering services for the Carnegie Stout Public Library. We understan the scop of work is as follows: 1. Assist the Library in the closeout of the controls work of the project, troubleshooting and optimization of the HVAC system operations, and review of warranty phase work in the absence of the project Construction Manager. This assistance will include the following: a. Meet on site with contractors and library staff to discuss the plan, action items, and responsibilities in order to close out remaining issues b. Communicate with the library maintenance staff daily (weekdays) for approximately three weeks to discuss issues with which they are dealing in operating the HVAC and DDC controls systems. c. Observe trends/alarrns via remotely accessing the DDC system and monitoring the HVAC system operation daily in conjunction with the above-mentioned verbal communication with the library maintenance staif. d. Communicate with and give direction to the contractors regarding work required to close out remaining issues and update the library administration staff and the City on closeout progress. e. Review invoices submitted by contractors and advise the library if the work should be covered by the scope of the project warranty and City warraaty bond. ASSUMPTIONS 1. KJWW will be provide remote access to the DDC system. Page 1 of 3 623 26th Avenue Rock Island, Illinois 61201 1 309 788.0673 Fax- 309 786,5967 1 www.kiww.com (WAD CITIES / DES MOINES / MADISON / CHICAGO / ST LOUIS / CEDAR RAPIDS ' KANSAS CITY . INDIA . DUBAI Revised Agreement for Engineering Services Carnegie Stout Library Closeout COMPENSATION Dubuque, Iowa September 12, 2011 October 18, 2011 We propose to provide the services described above on a time and material basis using our standard hourly billing rates (attached), with an estimated fee of $15,000. Should we anticipate exceeding the estimated fee amount during the course of the project, we will notify you and await direction before PROJECT EXPENSES The following reimbursable expenses are not included in the above fee and will be invoiced with a 1.1 multiplier of actual cost 1. Travel expense: 50¢ per mile for auto (adjusted annually), plus out of pocket expenses. GENERAL The attached Terms and Conditions dated August 30, 2010 are made a part of this Agreement. This Agreement is valid for 45 days from the date of this offer, We will begin our services following acceptance of this Agreement for Engineering Services. We look forward to working with you and your staff on this project and appreciate this opportunity to be of service. Acceptance may be conveyed via e-mail to the address listed below, by fax, or by signing this offer and returning it to our office. Sincerely, KJVWV ENGINEERING CONSULTANTS, PC Phillip E. Richards, PE, LEEDS' AP Senior Engineer richardspe @kjww.com Jo .n E Holbert, PE, LEEDS' AP Associate Principal PER :JEH /dks http //portal /Projects/06.0587 01 /Fee Documentstfeeagr.20111018.phiric Revised.docx ©© ENGINEERING czi CONSULTANTS Page 2 of 3 Revised Agreement for Engineering Services Carnegie Stout Library Closeout CITY OF DUBUQUE Accepted Signature Title Date C3119 ENGINEERING MOCONSULTANTS Page 3 of 3 Dubuque, Iowa September 12, 2011 October 18, 2011 TERMS AND CONDITIONS Standard of Care: Services provided by KJWW Engineering Consultants, P.C. (hereinafter referred to as the Engineer") under this Agreement will be performed in a manner consistent with the human degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Additional Services: When additional services beyond the defined scope are requested, an amendment will be prepared by the Engineer and approved by the Client prior to commencing work Additional services shall be performed on a time and material basis or for a negotiated fee. Compensation: Services provided by the Engineer on a time and material basis shall be performed in accordance with the Engineer's current fiscal year Standard Hourly Rate Schedule in effect at the tittle UI performance. Itlls sGneuure t5 upoate(J yearly enh.a Performance: Engineer has multiple offices and has professional service agreements for additional engineering and production assistance. The Engineer may use any office or professional service in the completion of services required for the Project. Billing /Payment: The Client agrees to pay the Engineer for all services performed and all costs incurred Invoices for the Engineer's services shall be submitted either upon completion of such services or on a monthly basis. Invoices shall be due and payable within 30 days of invoice date (direct) or 15 days from payment by Owner (consultant). Client shall notify Engineer of any objections to the invoice within five working days of receipt. Payment of any invoice indicates Client's acceptance of this Agreement and satisfaction with Engineer's services. Payment of invoices is in no case subject to unilateral discounting, back - charges, or set -offs by the Client, and payment is due regardless of suspension or termination of this Agreement by either party. Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 120 days after the billing, the Engineer may institute collection action and the Client shall pay all costs of collection, including reasonable attorney's fees, Indemnification: The Engineer and Client shall, to the fullest extent permitted by law, indemnify and hold harmless each other and their respective officers, directors, employees, agents and consultants from and against damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance of this Agreement, excepting only those damages liabilities or costs attributable to negligenc Certification, Guarantees and Warranties: The Engineer shall not be required to execute any document that would result in the Engineer certifying, guaranteeing or warranting the existence of any conditions Dispute Resolution: Any claims or disputes between the Client and the Engineer arising out of the services to be provided by the Engineer or out of this Agreement shall be submitted to non- binding mediation. The Client and the Engineer agree to include a similar mediation agreement with all contractors, subconsultants, subcontractors, suppliers and fabricators, providing for mediation as the primary method of dispute resolution among all parties. The laws of the State of Iowa will govern the validity of this Agreement, its interpretation and performance, Any litigation arising in any way from this Agreement shall be brought in the courts of that State Construction Means and Methods The Engineer shall not be responsible for, nor have control over or charge of, construction means, methods, sequences, techniques, or procedures, or for any health or safety precautions required by any regulatory agencies in connection with the project Neither Client nor Engineer shall hold the other responsible for damages or delays in performance caused by acts of God, strikes, walkouts, accidents, Government acts, or other events beyond the control of the Client's or Engineer's employees, agents, or consultants ENGINEERING CONSULTANTS Construction Observation: When the Engineer does not provide construction observation services, it is agreed that the professional services of the Engineer do not extend to or include the review or site observation of the Contractor's work, performance, or pay request approval. During construction, the Client assumes the role of the engineer and will hold harmless the Engineer for the Contractor's performance or the failure of the Contractors work to conform to the design intent and the contract documents. Adjustments, Changes or Additions It is understood that adjustments, changes, or additions may be necessary during construction. A contingency fund will be maintained until construction is completed to pay for field changes, adjustments, or increased scope items. All change order amounts requested by Contractors constructing Engineer- designed systems shall be _.. �. _ .�_ �....:......e t... nein r 4n hcinn nnnrnuerl hu contract holder. The Engineer will not approve amounts requested that are above a normal bid amount for the work involved. In no case will costs be assessed to the Engineer at the discretion of the Contractor, the Client, or the Owner without prior agreement and approval of the Engineer, Engineer shall not be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. Project Signs: Project signs displayed at the construction site shall include "KJWW Engineering Consultants" as the Engineer. Articles fot -pubtisatien- regarding -ibis- projeet-s+rail-- acknowledge KALWU- as-the strustaral —meehanieal atectrieal- anther- teehnelegy engineer, as applicable. Ownership: All drawings, specifications, and other work product of the Engineer developed for this Project are instruments of service for this Project only. Reuse of any of the instruments of service of the Engineer by the Client, or others acting for the Client, for extensions of the Project or for any other Project without the written permission of the Engineer shall be at the Client's risk, The Client agrees to defend and indemnify and hold harmless the Engineer for all claims, damages and expenses, including reasonable attorney's fees, arising out of such unauthorized reuse. Electronic Files: The Client hereby grants permission for the Engineer to use electronic background information produced by the Client in the completion of the project. The Client also grants permission to the Engineer to release Engineers' documents (including their backgrounds) electronically to Clients, Contractors, and Vendors as required in the execution of the project. Before release, the Engineer will require an executed waiver of liability for the use of any electronic documents. Employment: For the duration of this contract plus six (6) months from final payment received, neither the Engineer nor Client will offer employment to any person who is or was employed by the other during the course of this contract. Termination The Client or Engineer may, after giving seven (7) days written notice, terminate this agreement and the Engineer shall be paid for services provided up to the termination notice date, including reimbursable expenses due plus termination expenses. Termination expenses are defined as reimbursable expenses directly attributed to the termination. Survivability: In the event any provisions of this agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. L rnitatiert -of- Liability -It -is agreed that - the- E-Fr4laee -es- liability -for this project- for-riegtigent a s- errors; or omission, ands ll-Gr ^4aims loss` e>. - coelse-cia ilegeseeeeeieof- aefere es -o: expenses. -frern --any causer—including-Client, Contractors-- arid - Attorney -fees. is- lintiteA is -fees oollecteel oral 0 000rwhwhever-ie- greater AMA Exhibit: If attached to a standard AIA agreement, that agreement shall take precedence over all clauses listed in these Terms and Conditions If AIA agreement is silent on a clause, this document shall take precedence Insurance: Refer to Client's attached Insurance Schedule C for Engineer's insurance requirements. Rev. 08/30/10 http.Ilport&JProjects/06.0587 O1 /Fee Documentsifeeagr 20111018.phinc.Revised docx City of Dubuque Insurance Requirements for Professional Services Insurance Schedule C 1. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit 1 prior to commencing work and at the end of the project if the term of work is longer than 60 days. Providers presenting annual certificates shall present a Certificate at the end of each project with the final billing. Each Certificate shalt be prepared on the most current ACORD form approved by the Iowa Department of insurance or an equivalent. 2. All policies of insurance required hereunder shall be with a carrier authorized to do business In Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Subcontractors and sub subcontractor performing work or service shall provide a Certificate of insurance In accord with Exhibit I. 6. All required endorsements to various policies shall be attached to Certificate of insurance. 7. Whenever a specific 150 form is listed, an equivalent form may be substituted subject to the provider Identifying and listing In writing all deviations and exclusions that differ from the 150 form. 8. Provider shall be required to carry the minimum coverage /limits, or greater If required by law or other legal agreement, In Exhibit I. Page 1 of 3 Schedule C, August, 2011.Doc City of Dubuque insurance Requirements for Professional Services lnsur a con Lied' Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $ 59,000 Medical Payments $ 5,000 a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the standard 150 commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified. b) Include 150 endorsement form CG 25 04 "Designated Location(s) General Aggregate limit" or CG 25 03 "Designated Construction Project (s) General Aggregate Limit" as appropriate. c) Include endorsement indicating that coverage Is primary and noncontributory. d) Include endorsement to preserve Governmental immunity. (Sample attach ed). e) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, ail its employees and volunteers, all its boards, commissions and /or authorities and their board members employees and volunteers. using ISO form CG 2010. Ongoing operations. B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit) C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Coverage A Coverage B Statutory —State of Iowa Employers Liability Each Accident $100,000 Each Employee - Disease $100,000 Policy Limit- Disease $500,000 a) Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. b) Coverage B limits shall be greater If required by Umbrella Carrier. D) UMBRELLA LIABILITY $1,000.000 E) PROFESSIONAL LIASf!ITY $1,000,000 Page 2 of 3 Schedule C, August, 2011.Doc City of Dubuque Insurance Requirements for Professional Services Preservation of Governmental Immunities Endorsement 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as It Is now exists and as it may be amended from time to time. 2. Claims Coverage. The 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 670.4 shall be covered by the terms and conditions of this Insurance policy. 3. Assertion of Government Immunity. The Cfty of Dubuque, Iowa shall be responsible for asserting any defense of governmental Immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non - Dental 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, Iowa under this policy for reasons of governmental immunity unless and until a court of competent Jurisdiction has ruled In favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 3 of 3 Schedule C, August, 2011.Doc 2011 - 2012 STANDARD HOURLY RATES /ariii th rl annually in March) ENGINEERING CONSULTANTS Experience you can build on Standard Hourly Rates: Principal $ 215 /hour (adjusted annually in March) Associate Principal $ 190 /hour Medical Equipment Planning Manager $ 185 /hour Associate $ 180 /hour Senior Engineer $ 135 to $175 /hour Senior Designer $ 120 to $155 /hour Design Engineer $ 90 to $135 /hour Senior Medical Equipment Planner $ 125 to $150 /hour Medical Equipment Planner $ 120 to $135 /hour Designer $ 80 to $125 /hour Senior Construction Administrator $110 to $130 /hour Construction Administrator $ 85 to $110 /hour Design Technician $ 65 to $95 /hour CAD Technician $ 55 to $80 /hour Clerical $ 50 to $70 /hour *These rates are for U.S. -based staff. Staff based in one of KJWW's international offices may have different billing rates. These rates can be provided upon request. ACORb6' CERTIFICATE I I I IT I DATE (MM DDIYYYY) 08/17/2011 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 1 -800- 527 -9049 Holmes Murphy and Associates - Peoria 311 S.W. Water Street Suite 211 Peoria, IL 61602 -4108 Paula Dixon CONTACT NAME: PHONE FAX (A /C. No. Ezt1: /NC. No), A ADDRE pRESS: PRODUCER CUSTOMER ID 5: INSURER(S)AFFORDING COVERAGE NAIC 5 INSURED ft1WW, P.C. 623 26th Avenue Rock Island, IL 61201 INSURER A: CHARTER OAR FIRE INS CO 25615 INSURERS: TRAVELERS IND CO 25658 INSURERC: TRAVELERS PROPERTY CAS CO OF AMER 25674 • INSURERD: XL SPECIALTY INS CO 37885 INSURER E : $ 10,000 INSURER F : COVERAGES CERTIFICATE NUMBER: 22735509 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICES 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. NSR TYPE OF INSURANCE ADOL SUBR POLICY EFF POLICY EXP 1NSR WVD POLICY NUMBER (MM /D0)YYYY} MMIDDIYYYY) LIMITS A GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY X OCCUR 6807308L512 01/01 /11 01/01/12 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea commence) $ 1,000,000 CLAIMS -MADE MED EXP (Any one person) $ 10,000 PERSONAL&ADM INJURY $ 1. 000,000 GENERAL AGGREGATE $ 2,000,000 GEN1 AGGREGATE LIMITAPPUES PER: POLICY X I JFCT X LOC PRODUCTS - COMPIOP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA7309L281 01/01/11 01/01/12 COMBINEDStNGLELIMtT (Ea accdent) $ 1,000,000 BODILYINJURY (Pe rperson) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE OUP 8114Y920 01/01/11 01/01/12 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 X DEDUCTIBLE RETENTION $ 10,000 $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) Ir yes, describe under DESCRIPTION OF OPERATIONS below N 1A UB8502Y664 01/01/11 01/01/12 X pRYLIMITS ITN. E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POUCY LIMIT $ 1, 000,000 D Professional Liability Claims Made DPR9689519 01/18/1( 01/18/12 Each Claim 5,000,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Final Commissioning at Carnegie -Stout Library. General Liability coverage is written on form CG0001. General aggregate applies per location (form CGD315 & CGD379) and is primary and non - contributory (form CGD037). Governmental Immunity endorsement applies (form CG8422). The City of Dubuque including all of its elected and appointed officials, all its employees and volunteers, commissions, and /or authorities and thier board members, employees and volunteers are additional insured (form CGD381). Waiver of subrogation in favor of the City of Dubuque applies on the Workers Compensation (form WC 00 03 13). CERTIFICATE HOLDER CANCELLATION City of Dubuque Attn: Steve Sampson Brown 50 West 13th Street Dubuque, IA 52001 f USA • 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 tstoeckeril ACORD 25 (2009/09) 22735509 O 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER COMMERCIAL GENERAL LIABILITY ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET DESIGNATED LOCATIONS) GENERAL AGGREGATE LIMIT COMMERCIAL GENERAL LIAt31LITY COVE=RAGE PART SCHEDULE Designated Location(s): ALL LOCATIONS OWNED OR OCCUPIED BY THE INSURED (If no entry appears above, information required to comet as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences' under COVERAGE A (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "location" shown in the Schedule above: 1. A separate Designated Location General Ag- gregate Limit applies to each designated lo- cation', 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 darn - ages because of "bodily injury" or 'property damage' inducted in the "products- completed operations hazard', and for medical expenses under COVERAGE C regardless of the num- ber ot a. Insureds; b. Claims made or "suits" brought or c. Persons or organs bons ,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 Project General Aggregate Limit for that designated location "_ Such payments shalt not reduce ete this endorsement will be shown in the Declarations 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, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the ap- plicable Designated Project General Aggre- gate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which cannot be attributed only to operations at a single desig- nated' location' shown in the Schedule above: 1. My payments made under COVERAGE A for damages or under COVERAGE C for medical nses 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 Desig- nated Project General Aggregate Limit When coverage for liability arising out of the *products-completed operations hazard" is pro- C. CG D3 15 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL_ GENERAL UABIUTY 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 Aggre- gate Limit nor the Designated Project General 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 Tots, 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. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2003 CG D3 15 11 03 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL L !ABI} ITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. — S. and U. of this endorsement broaden coverage. Provisions T. and V. of this endorsement may limit coverage. The following listing is a general coverage descrip- tion only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorse- ment carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force — Bodily Injury Or Property Damage D. Non -Owned Watercraft — Increased To Up To 75 feet E. Aircraft Chartered With Crew F. Extension Of Coverage — Damage To Premises Rented To You G. Malicious Prosecution — Exception To Knowing Violation Of Rights Of Another Exclusion H. Increased Supplementary Payments I. Additional Insured — Owner, Manager Or Lessor Of Premises J. Additional Insured — Lessor Of Leased Equipment K. Addition& Insured — State Or Political Subdivi- sions — Permits Relating To Premises L. Additional Insured — State Or Political Subdivi- sions — Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Common Policy Declarations is amended as follows: The person or organization named in Item 1. of the Common Policy Declarations and any organization, other than a partnership, joint venture, limited liability company or trust, of which you are the sole owner or in which you maintain the majority ownership interest on the effective date of the policy. However, cov- erage for any such additional- organization will cease as of the date, if any, during the policy period, that you no longer are the sole owner CGD3790906 M. Additional Insured — Architect, Engineer Or Sur- veyor N. Who Is An Insured — Newly Acquired Or Formed Organizations O. Who Is An Insured — Unnamed Partnership Or Joint Venture — Excess P. Per Project General Aggregate Limit Q. Knowledge And Notice Of Occurrence Or Offense R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Con- tract Or Agreement T. Amended Bodily Injury Definition U. Amended Insured Contract Definition — Railroad Easement V. Amended Property Damage Definition — Tangible Property of, or maintain the majority ownership interest in, such organization. 2. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by another endorsement to this Cov- erage Part. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to Paragraph 1. Insur- ing Agreement of COVERAGE A BODILY. INJURY AND PROPERTY DAMAGE LI- ABILITY in COVERAGES (Section I): "Bodily injury" arising out of the rendering of, or failure to render, "first aid" or "Good Sa- maritan services" to a person, other than a Copyright 2006 The St. Paul Travelers Companies, Inc. Page 1 of 7 045558 COMMERCIAL GENERAL LIABILITY co- "employee" or "volunteer worker", will be deemed to be caused by an "occurrence ". For the purposes of determining the applicable limits of insurance, any act or omission to- gether with all related acts or omissions in the furnishing of the services to any one person - will be deemed one "occurrence ". 2. As used in this Provision B.: a. "First aid" means meaicai or nursing ser- vice, treatment, advice or instruction; the related furnishing of food or beverages; the furnishing or dispensing of drugs or medical supplies or appliances; b. "Good Samaritan services" means those medical services rendered or provided in . an emergency and for which no remu- neration is demanded or received. 3. Paragraph 2.a.(1)(d). of WHO IS AN IN- SURED (Section II) does not apply to any of your "employees ", who are not employed as a doctor or nurse by you, but only while per- forming the services described in Paragraph 1. above and while acting within the scope of their employment by you. Any such "employ- ees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employment by you. 4. The following exclusion is added to Para- graph 2. Exclusions of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY in COVERAGES (Section I): Sale of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by or with the knowledge or consent of the insured. 5. The insurance provided by this Provision B. shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to apply in excess of the Limits of insurance shown in the Decla- rations for this Coverage Part. C. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The Expected Or intended Injury Exclusion in Paragraph 2. Exclusions of COVERAGE A Page 2 of 7 BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section I) is deleted and replaced by the following: Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea- suriauie iuu..e lu alloy p i l v1 Ni VI.lGI cy. D. NON - OWNED WATERCRAFT -- INCREASED TO UP TO 75 FEET 1. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu- sion in 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY in COVERAGES (Section i) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge; 2. Only as respects the insurance provided by this Provision D., WHO IS AN INSURED (Section II) is amended to include as an in- sured any person who, with your expressed or implied consent, either uses or is responsi- ble for the use of the watercraft. 3. The insurance provided by this Provision D. shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to apply in excess of the Limits of Insurance shown in the Decla- rations for this Coverage Part. E. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions con - tained in the Aircraft, Auto Or Watercraft Exclusion in Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COV- ERAGES (Section 1): Aircraft chartered with crew, including a pilot, to any insured. 2. This Provision E. does not apply if the char- tered aircraft is owned by any insured. 3. The insurance provided by this Provision E. Shall be excess over any valid and collectible other insurance available to the insured, Copyright 2006 The St. Paul Travelers Companies, inc. CG D3 79 09 06 whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to apply in excess of the Limits of Insurance shown in the Decla- rations for this Coverage Part. F. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY in COVERAGES (Section I) is de- leted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by a. Fire; b. Explosion; e. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in LIMITS OF IN- SURANCE (Section III). 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all CGD3790906 G. H. COMMERCIAL GENERAL LIABILITY "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part, 4. Paragraph a. of the definition of "insured con- tract" in DEFINITIONS (Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How - ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting . from such fire, explosion, or lightning; or water is not an "insured contract"; 5. This Provision F. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COV- ERAGES (Section I) is excluded by another endorsement to this Coverage Part. MALICIOUS PROSECUTION — EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF AN- OTHER EXCLUSION The following_ is added to the Knowing Violation Of Rights Of Another Exclusion in 2. Exclu- sions of COVERAGE B PERSONAL INJURY, ADVERTISING INJURY AND WEB SITE IN- JURY LIABILITY of the WEB XTEND LIABILITY Endorsement: This exclusion does not apply to "personal injury" caused by malicious prosecution: INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B in COV- ERAGES (Section 1) are amended as follows: 1. In Paragraon 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. Copyright 2006 The St. Paul Travelers Companies, Inc. Page 3 of 7 ■11= • •� mfr NOIMPIM - 005359 COMMERCIAL GENERAL LIABILITY 2. In Paragraph 1.d., the amount we will pay for foss of earnings is increased to $500 a day. I. ADDITIONAL INSURED — OWNER, MANAGER OR LESSOR OF PREMISES 1. WHO 15 AN INSURED (Section II) is amended to include as an insured: Any person or organization that you have agreed in a contract or agreement to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that contract or agreement; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and arises out of the ownership, maintenance or use of that part of any premises leased to you under that contract or agreement. 2. The insurance provided to such additional in- sured under this Provision L is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con- tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are Tess; and b. The insurance afforded to such additional insured does not apply to: (1) Any "bodily injury" or "property dam- age" that occurs, or "personal injury" caused by an offense committed, af- ter you cease to be a tenant in that premises; (2) Any structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part. 3. This Provision 1. does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another en- dorsement to this Coverage Part. Page 4 of 7 J. ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT 1. WHO IS AN INSURED (Section . 11) is amended to include as an insured: Any person or organization that you have agreed in a contract or agreement to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that contract or agreement; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, in the maintenance, operation or use of equip- ment leased to you by such additional in- sured. 2. The insurance provided to such additional in- sured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con- tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal in- jury" caused by an offense commit- ted, after the equipment lease ex- pires; or (2) If the equipment is leased with an operator. 3. This Provision J. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. K. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TO PREMISES The following is added to Paragraph 2. of WHO IS AN INSURED (Section 11) to include as an in- sured: Copyright 2006 The St. Paul Travelers Companies, Inc. CG D3 79 09 06 Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only with respect to "bodily injury", "property damage ", "personal injury" or "advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of adver- tising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or po- litical subdivision has issued such permit. L. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TO OPERATIONS The following is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an in- sured: Any state or political subdivision that has issued a permit, but only with respect to "bodily injury", "property damage", "personal injury" or "advertis- ing injury" arising out of operations performed by you or on your behalf for which that state or politi- cal subdivision has issued such permit. However, no such state or political subdivision is an insured for 1. "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of op- erations performed for that state or political subdivision; or 2. "Bodily injury" or "property damage" included within the "products — completed operations hazard ". M. ADDITIONAL INSURED — ARCHITECT, ENGI- NEER OR SURVEYOR 1. The following is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an insured: Any architect, engineer or surveyor engaged by or for you, but only with respect to liability for "bodily injury", "property damage" or "per- sonal injury" that is caused, in whole or in part, by acts or omissions of you or any per- son or organization acting on your behalf in connection with your premises or "your work ". 2. This Provision M. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. CG D3 79 09 06 COMMERCIAL GENERAL LIABILITY N. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS 1. Paragraph 4.a. of WHO IS AN INSURED (Section II) is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. Any such newly acquired or formed organiza- tion that you report in writing to us within 180 days after you acquire or form the organization will be covered under this provision until the end of the policy pe- riod, even if there are more than 180 days remaining until the end of the policy pe- riod; 2. This Provision N, does not apply to any or- ganization for which coverage is excluded by another endorsement to this Coverage Part, O. WHO IS AN INSURED — UNNAMED PARTNER- SHIP OR JOINT VENTURE — EXCESS 1. The last paragraph of WHO IS AN INSURED (Section II) is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured in the Common Policy Declarations. However, this exclusion does not apply to your liability with respect to your conduct of the business of any current or past partner- ship or joint venture that is not shown as a Named Insured in the Common Policy Decla- rations. 2. This Provision O. does not apply to any per- son or organization for which coverage is ex- cluded by another endorsement to this Cov- erage Part. 3. The insurance provided by this Provision O. shall be excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available covering your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Common Polley Declarations and which is issued to such partnership or joint venture. Copyright 2006 The St. Paul Travelers Companies, Inc. Page 5 of 7 Qi= m COMMERCIAL GENERAL LIABILITY P. PER PROJECT GENERAL AGGREGATE LIMIT 1. Paragraph 2. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: The General Aggregate Limit is the most we will pay for the sum of a. Damages under Coverage B; and eragv s. ant! far all +div::i° �+ 04,Ciases caused by accidents under Coverage C which cannot be attributed only to opera- tions at a single "project ". 2. The following is added to LIMITS OF IN- SURANCE (Section lily A separate Per Project General Aggregate Limit applies to each "project" for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A and for all medical ex- penses caused by accidents under Coverage C which can be attributed only to. operations at a single "project ", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations for this Coverage Part. Any payments made under Coverage A for damages and under Coverage C for medical expenses shall reduce the Per Project Gen- eral Aggregate Limit for that "project ", but shall not reduce: a. Any other Per Project General Aggregate Limit for any other "project"; b. The General Aggregate Limit; or c. The Products - Completed Operations Ag- gregate Limit. The limits shown in the Declarations for this Coverage Part for Each Occurrence, Damage To Premises Rented To You and Medical Ex- pense are also subject to the Per Project General Aggregate Limit when the Per Pro- ject General Aggregate Limit applies. 3. As used in the Provision P.: "Project" means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determin- ing the applicable aggregate limit of insur- ance, each "project" that includes premises involving the same or connecting lots, or Osmemmemo vs- .OM.,.. Page 6 of 7 005360 premises whose connection is interrupted only by a street, roadway, waterway or right - of -way of a railroad shall be considered a sin- gle "project ". Q. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or JUIt OT (UMMttt[iIML UICAIM [ML LI /AM U t T CONDI T lOhiS (Section Iv): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an 'occur- rence" or offense does not imply that you also have such knowledge. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability com- pany), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an in- surance, loss control or risk manager or adminis- trator) designated by you to give such notice dis- covers that the "occurrence" or offense may in- volve this policy. R. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this in- surance. Copyright 2006 The St. Paul Travelers Companies, Inc. CG D3 79 09 06 2. This Provision R. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- lations. S. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT OR AGREEMENT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage ", "personal injury" or "advertising injury" arising out of: 1. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; 3. "Your work "; or 4. "Your products ". We waive ° these rights only where you have agreed to do so as part of a contract or agree- ment entered into by you before, and in effect when, the "bodily injury" or "property damage" oc- curs, or the "personal injury" offense or "advertis- ing injury" offense is committed. T. AMENDED BODILY INJURY DEFINITION The definition of "bodily injury" in DEFINITIONS (Section V) is deleted and replaced by the follow- ing: "Bodily injury" means: CGD3790906 COMMERCIAL GENERAL LIABILITY a. Physical harm, including sickness or disease, sustained by a person; b. Mental anguish, injury or illness, or emotional distress, resulting at any time from such physical harm, sickness or disease; or c. Care, loss of services or death resulting at any time from such physical harm, sickness or disease. U. AMENDED INSURED CONTRACT DEFINITION — RAILROAD EASEMENT 1. Subparagraph c. of the definition of "insured contract" in DEFINITIONS (Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of "insured contract" in DEFINITIONS (Section V) is deleted. V. AMENDED PROPERTY DAMAGE DEFINITION — TANGIBLE PROPERTY The definition of "property damage" in DEFINI- TIONS (Section V) is deleted and replaced by the following: "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused it. For the purposes of this insurance, tangible prop- erty does not include data. All other terms of your policy remain the same. Copyright 2006 The St. Paul Travelers Companies, Inc. Page 7 of 7 COMMERCIAL GENERAL LIABIIJTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS "nararcorre1 P/CAICDAI 1 reran ITV rr'1MniTi MA (S-,-, :...., $ J' Plr,A ph frw,pr Inei�r�etirol iS amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage for -which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- rense commictea subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ISSUE DATE: 680- 7308L512— COF -11 08 =17 -11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GOVERNMENTAL IMMUNITY ENDORSEMENT IOWA JURISDICTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Iowa Jurisdiction: City of Dubuque, Iowa Description Of Project: The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: IOWA GOVERNMENTAL IMMUNITY a. For any claim or "suit" seeking damages from the Iowa jurisdiction scheduled in this endorsement because of "bodily injury", "property damage ", "personal injury" or "advertising injury caused by "your work" on or for any project that is scheduled in this endorsement and located in such Iowa ju- risdiction, this insurance applies only to the extent that such claim or "suit" is not subject to any de- fense of governmental immunity under Iowa Code Section 670.4 and any amendment to that section. b. For any claim or "suit" seeking damages from the Iowa jurisdiction scheduled in this endorsement because of "bodily injury", "property damage ", "personal injury" or "advertising injury" to which this insurance applies and caused by "your work" on or for any project that is scheduled in this en- dorsement and located in such lowa jurisdiction, that Iowa jurisdiction will be responsible for as- serting any defense of governmental immunity and must do so if requested in writing by us. Nothing contained in this endorsement shall pre- vent us from asserting any defense of govern- CG F4 22 03 06 mental immunity on behalf of that lowa jurisdic- tion. c. For any claim or "suit" seeking damages from the Iowa jurisdiction scheduled in this endorsement because of "bodily injury", "property damage ", "personal injury" or "advertising injury" to which this insurance applies and caused by 'your work" on or for any project that is scheduled in this en- dorsement and located in such lowa jurisdiction, we agree that: (1) The purchase of this policy and including the Iowa jurisdiction as an additional insured un- der this policy does not waive any defense of governmental immunity available to such Iowa jurisdiction under Iowa Code Section 670.4 and any amendment to that section; and (2) We will take the position that this insurance does not apply because of governmental im- munity only after a court of law having juris- diction over such claim or "suit" has ruled in favor of any defense of governmental immu- nity asserted by such Iowa jurisdiction. d. This preservation of governmental immunity does not change the coverage otherwise available un- der this policy. e 2006 The St. Paul Travelers Companies, Inc. Page 1 of 1 } 0 005353 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: t OMMERCIAL rGEl"E AI I_!ABII !TY CQVERAGE PART 1. WHO iS AN INSURED (Section II) is amended to include any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Cover- age Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury'; and b. If the injury or damage arises out of the per- formance, by you or your subcontractor, of "your work" to which the "contract or agree- ment requiring insurance" applies. Such per- son or organization does not qualify as an additional insured with respect to their inde- pendent acts or for "bodily injury" "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which cover- . age as an additional insured specifically is added by another endorsement to this Cover- age Part. b. This insurance does riot apply to the render- ing of or failure to render any "professional services ". c. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed to provide in that "contract or agree- ment requiring insurance ", or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section !!!) for this Coverage Part. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): CG D3 81 09 06 However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a 'contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. 5. As respects the insurance provided to the addi- tional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): © 2006, The St. Paul Travelers Insurance Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY "contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. All other terms of your policy remain the same. Page 2 of 2 02006, The St. Paul Travelers Insurance Companies, Inc. CG D3 81 09 06 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. • • • TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 0313 (00)_01 POLICY NUMBER: (XVMPJUB- 85021.66 -4 -08) 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 any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. DATE OF ISSUE: 02 -27 -08 ST ASSIGN: