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Contracts/Bonds Cedar & Dog Track Lift Station Improvements CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Portzen Construction, Inc. as Principal (Contractor) and United Fire & Casualty Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $1.400,000.00 the same being 100% of the total price of the Contract for the Project herein referred to, lawful money of the United States of America, well and truly to be paid to said City of Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, this duly attested and sealed. WHEREAS, the said Contractor by a Contract dated September 8 , 2006, incorporated herein by reference, has agreed with said City of Dubuque to perform all labor and furnish all materials required to be performed and furnished for the Cedar Street and Dog Track Lift Station Improvements (the Project) according to the Contract and Construction Documents prepared therefore. 8th day of September , 2006, and It is expressly understood and agreed by the Contractor and Surety bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE BOND: The Contractor shall well and faithfully observe, perform, fulfill and abide by each and every covenant, condition and part of said Contract and Contract Documents, by reference made a part hereof, for the Project, and shall indemnify and save harmless the City from all outlay and expense incurred by the City by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT BOND: The Contractor and the Surety shall pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price which the City is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573, Code of Iowa, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE BOND: The Contractor and the Surety hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of one (1) year(s) from the date of acceptance of the work under the Contract by the City Council of the City of Dubuque, Iowa, by reason of defects in workmanship or materials used in construction of said work: B. To keep all work in continuous good repair; and C. To pay the City the reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the City all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's agreement herein made extends to defects in workmanship or materials not discovered or known to the City at the time such work was accepted. NOW, THEREFORE, the condition of this obligation is such that if the said Contractor shall perform all of the work contemplated by the Contract in a workmanlike manner and in strict compliance with the plans and specifications, and will pay all claims for labor and materials used in connection with said Project, to indemnify the said City for all damages, costs and expense incurred by reason of damages to persons or property arising through the performance of said Contract, and will reimburse the City for any outlay of money which it may be required to make in order to complete said Contract according to the Construction Documents and will maintain in good repair said Project for the period specified in the Contract where this bond is obligated for maintenance, and will faithfully comply with all of the provisions of Section 573 of the Code of Iowa, then this obligation shall be null and void, otherwise it shall remain in full force and effect. All the conditions of this bond must be fully complied with before the Contractor or the Surety will be released. The Contract, Contractor's Proposal, and Construction Documents shall be considered as a part of this Bond just as if their terms were repeated herein. Dated at Dubuque, Iowa this 8th day of SAptAmbAr ,2006. CITY OF DUBU1~' lOW. A . /11 V;1t II By. l 'iV!. J!.----- City anager ~ PRINCIPAL: Portzen Construction, Inc. Contractor By: Sign~LI!4 /J/'fsidmf Title SURETY: United Fire & Casualty Company Surety Company By: F)..~kW~ Signature Attnrn"'y-in_F""t Title Dubuque. IA 52001 City, State, Zip Code ~'in::l!f;f;R-f;441 elephone k'~ /} IJJ~ Attorney In-F . CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT ~the Contract), made in triplicate, dated for reference purposes the 8th day of eptember , 2006, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Portzen Construction, Inc. 205 Stone Valley Drive of the City of Dubuque Iowa 52003. 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 Cedar Street and Dog Track Lift Station Improvements (the Project). The Project shall be made to the established grade and to the grades as shown on the profiles and cross sections on file in the City Engineer's office for this Project; 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 Document shall of which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detail statements thereof were repeated herein. 2. Contract Documents shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, 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 shall be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council 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 specifications including General Requirements and has examined and understands the plans 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. In addition to the guarantee provided for in the specifications, the Contractor shall also make good any other defect in any part of the Project due to improper construction notwithstanding the fact that said Project may have been accepted and fully paid for by the City, and the Contractor's bond shall be security therefore. 8. The Contractor shall fully complete the Project under this Contract on or before June 1,2007. 9. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against 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 (other than the Project itself) 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 the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. THE CITY AGREES: Upon the completion of the Contract, and the acceptance of the Project by the City Council, 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 plans and specifications is approximate only and the final payment shall be made by the work covered by the Contract. CONTRACT AMOUNT $ 1 ,400,000.00 FURTHER CONDITIONS The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer, whereby it has paid or is to pay any other bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any agreement or arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the letting of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event be less than $140,000.00 (One hundred and fortv thousand Dollars) (Refer to Liquidated Damages Table) as liquidated damages to the City. The surety on the bond furnished for this Contract, shall in addition to all other provisions, be obligated to the extent provided for by Iowa Code 9 573.6, relating to this Contract, which provisions apply to said bond. The Contractor agrees, and its bond shall be surety therefore, that it will keep and maintain the Project in good repair for a period of two years after acceptance of the same by the City Council and its bond shall be security therefore. CITY OF ,~UBU?UE. ' IO~A By ..1 Uvl t~.. /11~ City Manager PRINCIPAL: By: ff2;;tJ(;rJI Title CERTIFICATE OF CITY CLERK This is to certify that a ce office on the /'f"tv day of ~ anne F. Schneider, CMC, City Clerk ACORD.. ------_...- CERTIFICATE OF LIABILITY INSURANCE CSR DH PORTZ-1 09 07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 06 PRODUCER TRICOR, Inc. - Dubuque PO Box 1810, 500 Iowa Street Dubuque IA 52004-1810 Phone: 563-556-5441 INSURED Portzen Construction 205 Stone Valley Dr. Dubuque IA 52003 COVERAGES Inc I INSURERS AFFORDING COVERAGE INSURER A West Bend Mutual INSURER B INSURER C INSURER 0 INSURER E: Ins. Co I -f'- 15350 -------- . .~------ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR'''DD~a----- ---- I ... t'D~Lf~1ri~fJ~~IE ~~k!fill~~b~J!gN --_._--~- LTRINSR TYPE OF INSURANCE POLICY NUMBER LIMITS I GENERAL LIABILITY : EACH OCCURRENCE '1,000,000 AIX - ~~~A""-. .- IX . COMMERCIAL GENERAL LIABILITY CPI061671604 12/31/05 12/31/06 ~,F3:,~MISES (Ea occurence) $200,000 i--'j CLAIMS MADE [!] OCCUR I , MED EXP (Anyone person) '10,000__ I ---,--- -- --- -----,-------- PERSONAL & ADV INJURY 'l,OOO,_OO~ I ------ GENERAL AGGREGATE 1$ 2/000/000 i .,,-- ~~_D_~~TS- COMP/OP A~ ~ LOOO, 000 , ! GE_N'L AGGREGA~E LIMIT APPlS PER 'I .Ix PRO. I POLICY I JECT LOC I , ; AUTOMOBILE L1ABILl1Y COMBINED SINGLE LIMIT r--' '1,000,000 A' : X ; ANY AUTO I CPI061671604 12/31/05 12/31/06 (Eaaccidenl) q ALL DINNED AUTOS 1--- . , BODILY INJURY " ! I" SCHEDULED AUTOS i (Per person) 1 HIRED AUTOS .. ~ ----- ! BODILY INJURY I i~_1 NON.OWNED AUTOS (Peraccidenl) --. "------- PROPERTY DAMAGE , i - I' (Peraccidenl) GARAGE LlABILl1Y ~(.)NLY-EAACCIDENT 1$ ,==:1 ANY AUTO OTHER THAN EA ACC I $ --,..---- m_____ AUTO ONLY AGG , ! 1_ EXCESS/UMBRELLA llABILl1Y ~~_~URRENCE '10,000,000 A i IX OCCUR D CLAIMS MADE CPI059879603 12/31/05 12/31/06 AGGREGATE , 10,0001.00.0.... ~ ----- t-~-~--I DEDUCTIBLE , .--- ---,----- I " X RETENTION ,WAIVED , WORKERS COMPENSATION AND i X :T6~Y:;~I~\fls I IUJ~- EMPLOYERS' LIABILITY 1---.----- - - -.--- A I ANY PROPRIETORIPARTNER/EXECUTlVE YRI059878703 12/31/05 12/31/06 ~~ EACH ACCIDENT , 500000 OFFICER/MEMBER EXCLUDED? ~SEASE_:..E_AEMPLOYEE: $ 500000 If yes, des en be under SPECIAL PROVISIONS below I E,L. DISEASE-POLICY LIMIT i $ 500000 , OTHER I 12/31/05 12/31/06 A i West Bend Mutual CPI061671604 Rental I RENTED/LEASED EQUIPMENT Eauinment 150,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Dubuque is an addtl insured on gen liab policies incl ongoing & completed operations as well as being primary & non-contributing per form WB1482&CG2037- Form CG1503 0397"Designated Projects"gen liab aggr limit form attached. Governmental lnununites End. attached. Waiver of Subrogation in favor of the City of Dubuque-Project: Cedar St/Dogtrack Lift Stations CITYDBQ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCelLED BEFORE THE EXP1RATIOl CERTIFICATE HOLDER DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT DAYS WRITTEN City of Dubuque 50 W. 13th St. Dubuque IA 52001 Keith M. Sindb ACORD 25 (2001/08) @ACORD CO TION 198' 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 insurer(s), 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. ACORD 25 (2001/08) . . . CP1061671604 121 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WB100 A CHANGE ENDORSEMENT PAGE 1 OF 1 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING, COMMERCIAL GENERAL LIABILITY COVERAGE PART CITY OF DUBUQUE, IOWA 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 GOVERN- MENTAL 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 GOVERNMENTAL IMMUNITY. THE CITY OF DUBUQUE, IOWA SHALL BE RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMUNITY, AND MAY DO SO AT ANY TIME AND SHALL DO SO UPON THE TIMELY WRITTEN REQUEST OF THE INSURANCE CARRIER. 4. NON-DENIAL OF COVERAGE. THE INSURANCE CARRIER SHALL NOT DENY COVERAGE UNDER THIS POLICY AND THE INSURANCE CARRIER SHALL NOT DENY ANY OF THE RIGHTS AND BENEFITS ACCRUING TO THE CITY OF DUBUQUE, IOWA UNDER THIS POLICY FOR REASONS OF GOVERNMENTAL IMMUNITY UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION HAS RULED IN FAVDR DF THE DEFENSE{S) DF GDVERNMENTAL IMMUNITY ASSERTED BY THE CITY OF DUBUQUE, IDWA. NO OTHER CHANGE IN PDLICY. THE ABOVE PRESERVATION DF GOVERNMENTAL IMMUNITIES SHALL NDT DTHERWISE CHANGE DR ALTER THE CDVERAGE AVAILABLE UNDER THE POLICY. WB 100 06 88 West Bend Mutual Insurance Company West Bend, Wisconsin 53095 ::;PI061671604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTOR'S BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. The written contract or written agreement must be: 1. Currently in effect or becoming effective dur- ing the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," "personal injury and advertising in- jury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an addi- tional insured with respect to liability arising out of: a. Your premises; b. "Your work" for that additional insured; or c. Acts or omissions of the additional insured in connection with the general supervision of "your work." 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. 3. Except when required by written contract or written agreement, the coverage provided to the additional insured by this endorsement does not apply to: a. "Bodily injury" or "property damage" occur- ring after: (1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as part of the same project. b. "Bodily injury" or "property damage" arising out of acts or omissions of the additional insured other than in connection with the general supervision of "your work." 4. The insurance provided to the additional in- sured does not apply to "bodily injury," "prop- erty damage," "personal injury and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including; a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; and b. Supervisory, or inspection activities per- formed as part of any related architectural or engineering activities. WB 14820606 West Bend Mutual Insurance Company West Bend, Wisconsin 53095 Page 1 of 2 C. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS is amended with the addition of the fol- lowing: 4. Other insurance b. Excess insurance This insurance is excess over: Any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract spe- cifically requires that this insurance be ei- ther primary or primary and noncontribut- ing. Where required by written contract, we will consider any other insurance maintained by the additional insured for injury or damage covered by this en- dorsement to be excess and noncontrib- uting with this insurance. When this insurance is excess, as a con- dition of coverage, the additional insured shall be obligated to tender the defense and indemnity of every claim or suit to all other insurers that may provide coverage to the additional insured, whether on a contingent, excess or primary basis. Page 2 of 2 West Bend Mutual Insurance Company West Bend, Wisconsin 53095 WB 1482 06 06 , Poliey #CPI061671604 " THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Dubuque 50 W 13th 51. Dubuque, IA 52001 Location And Description Of Completed Operations Cedar StlDogtrack Lift Station Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 I . . . - WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 111'(' 00 0' 1') (Ed 04 84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) ThiS agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule HY-VEE WEITZ CONSTRUCTION, LC ~ HYVEE, INC C!TY OF DU BUQUE CARL A NELSON ~ COHPANY TRICON CONSTRUCTION & FINLEY HOSPITAL CONAGRA FOODS & ITS SUBSIDIARIES CITY OF CLI NTDN TSW, LLC, Renewal Energy Group This endorsement changes the: poncy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of tM policy.) Endorsement Effec~ve Insured Portzen Construction, Inc. POlicy No. CPI061671604 Endorsement No. Premium $ Insumnce Company Countersigned by West Bend Mutual Insurance Company we 00 0313 (04 84) Copyright 1983, National Council on Compensation Insurance, Inc. Page 1 of 1 , ; . . COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE DESIGNATED CONSTRUCTION PROJECTS: YOUR PROJECTS AWAY FROM PREMISES OWNED BY OR RENTED TO YOU. A. For ali 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 anri- buted only to ongoing operations at a single designated construction project shown ill the Schedule above: 1, A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2, The Designated Construction Project Gen- eral Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily in- jury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought: or c. Persons or organizations making claims or bringing "suits". Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construc1ion Project General Aggregate Limit for that designated construction projec1. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other des- ignated construction projec1 shown in the Schedule above. The limits shown in the Declarations for Each Occurrence, Fire Damage and Med- ical Expenses continue to appiy. However, instead of being subject to the General Ag- gregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 3, 4. . (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) CG 2503 03 97 Copyright, Insurance Services Office. Inc., 1996 Page 1 of 2