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HomeMy WebLinkAboutContract No. 2014-2592This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. SHORT i AGREEMENT BETWEEN OWNER AND ENGINEER 1 PROFESSIONAL SERVICES Prepared by E J I 11414111174 1 : 10 101 "M Issued and Published Jointly by ACEC Amt it I, in" Cain .u. or F—tce —, Comt ,I, ASCEAmerican Society of Civil Engineers AGC of America I ilti. " w x, III v£u!. tiktitt; st it YRtictt xw£RH -'a s 1 (�wlit! Pt�pfa. Quality Pruj+rtif. �`�. _., �;'r National Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. SHORT OF AGREEMENT BETWEEN OWNER • D ENGINEE FOR PROFESSIONAL THIS IS AN AGREEMENT effective as of September 22, 2014 ( "Effective Date ") between on City of Columbia Heights ( "Owner ") Bolton & Menk Inc. ( "Engineer "). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: 49t' Avenue Turn Lane: SP 113 - 020 -005 ( "Project "). Engineer's Services under this Agreement are generally identified as follows: Survey; project memorandum; design; Federal Aid submittal; bidding; construction administration as described in Exhibit "A ". Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: Project Memorandum: December 2014 Federal Aid Review: April 2015 C. If the Project includes construction - related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. Appendix 1, Standard Hourly Rates Schedule EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page I continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.13 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances Appendix 1, Standard Hourly Rates Schedule EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. I. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § §9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment — Hourly Rates Plus Reimbursable Expenses A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: Appendix 1, Standard Hourly Rates Schedule EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 5 Attachments: Exhibits "A" and `B" IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. f OWNER: ENGINEER: -- 4;r Title: Mayor Title:,% Date Signed: f Date Signed: Engineer License or Firm's Certificate Number: State of. /"��,� c -5fA Address for giving notices: Address for giving notices: Appendix 1, Standard Hourly Rates Schedule EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 Exhibit "A" I • Consulting Engineers & Surveyors " 2035 County Road D East - Suite B • Maplewood, MN 55109 -5314 Phone (651) 704 -9970 • Fax (651) 704 -9971 www.bolton- menk.com August 29, 2014 Kevin Hansen, P.E. City of Columbia Heights 63738 th Avenue NE Columbia Heights, MN 55421 RE: HSIP Improvements — 49th Avenue - SP 113 - 020 -005 Dear Mr. Hansen, Bolton & Menk, Inc. appreciates the opportunity to submit this proposal to the City of Columbia Heights for professional engineering services related to the proposed improvements at 49th Avenue. We previously assisted the City with the funding application for the project and are excited to see the improvements moving forward. SCOPE OF IMPROVEMENTS The project consists of improvements to 49th Avenue between Jackson Street and Central Avenue (T.H. 65). The scope of the improvements is as defined in the Federal HSIP Funding Application submitted by the City in 2013. WORK PLAN Our Work Plan includes all services required to deliver the project with minimal involvement of City staff. We will follow the guidelines of MnDOT's DCP Manual and follow the general outline and requirements from the kick -off agenda dated August 26, 2014. Our services are anticipated to include: • Preliminary Survey. Topography from ROW to ROW of 49th Avenue from Central Avenue to Jackson Street. • Project Memorandum. Assumes no significant environmental impacts. • Civil Related Design. Includes geometric design. • Traffic Signal Related Design. Assumes loop detector replacement and relocation of two pedestrian push button stations • Federal Aid Submittal Documents. Includes Delegated Contract Process forms and checklists, ROW Certificates, Utility Certificates, Engineer's Estimate and Permits. • Project Specifications. Assumes the use of MnDOT's Electronic Proposal tool. • Bidding Services. Solicit bids, open bids and letter of recommendation. • Construction Survey. Includes curb staking and grade staking for pedestrian ramps. • Construction Observation. Includes an average of half -time inspection. Actual time will vary day -to -day depending on construction activities. • Project Documentation. Required to complete potential Federal Aid Audit. DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer SON $ Zl 7t X Page i •ll'► Project Schedule We will begin our work immediately after authorization. Letting will occur prior to 6/30/15 and construction will occur in 2015. We will work with the City to advance the schedule, but understand the importance of meeting the listed milestones. Item Notice to Proceed from City Project Memorandum Approval Plans and Specifications Complete Federal Authorization Bidding and Award Construction Start Construction Complete Compensation Date October 1, 2014 December 31, 2014 December 31, 2014 February 27, 2015 April 30, 2015 June 8, 2015 (School Schedule Dependent) July 31, 2015 Estimated compensation on a per -task basis is provided below to demonstrate our understanding of each major task to be completed. DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer Estimated Fees Task Hours Required per Task Preliminary Survey 12 $ 1,440 Project Memorandum 48 $ 6,200 Civil Related Design 76 $ 9,120 Traffic Signal Related Design 12 $ 1,440 Federal Aid Submittal Documents 8 $ 1,200 Project Specifications 24 $ 2,880 Bidding Services 20 $ 2,400 Construction Survey 20 $ 1,920 Construction Observation 80 $ 9,160 Proiect Documentation 16 $ 1,920 Total Not -to- Exceed 332 $ 37,680 DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer The following Fee Schedule is based upon competent, responsible professional services and is the minimum, below which adequate professional standards cannot be maintained. It is, therefore, to the advantage of both the Professional and the Client that fees be commensurate with the service rendered. ' No separate charges will be made for GPS or robotic total stations on Bolton & Menk, Inc. survey assignments; the cost of this equipment is included in the rates for Survey Technicians. Charges are based on hours spent at hourly rates in effect for the individuals performing the work. The hourly rates for Principals and members of the staff vary according to skill and experience. The Fee Schedule shall apply for projects for the period through December 31, 2014. These rates may be adjusted annually thereafter to account for changed labor costs, inflation or changed overhead conditions. These rates include labor, general business and other nonnal and customary expenses associated with operating a professional business. Unless otherwise agreed, the above rates include vehicle and personal expenses, mileage, telephone, survey stakes and routine expendable supplies; and no separate charges will be made for these activities and materials. Expenses beyond the agreed scope of services and non - routine expenses, such as large quantities of prints, extra report copies, out - sourced graphics and photographic reproductions, document recording fees, outside professional and technical assistance and other items of this general nature, will be invoiced separately. Rates and charges do not include sales tax, if applicable. When it is possible to accurately define the scope of the project and the professional services to be performed, a lump sum may be agreed upon for total compensation. i7 t i ai 7; T �� i i( 5 A4CQiA' �. CERTIFICATE r ' ' �'�INSURANCE DATE (MM /DD /YYYY) 09/23/14 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 507 - 388 -2010 Brown & Brown of MN /Mkto 530 W Pleasant St 507- 388 -5492 Mankato, MN 56001 Mary E. Portner, CISR CONTACT NAME: A1CONNo Ext : A" No E -MAIL ADDRESS: GENERAL LIABILITY INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Westfield Insurance Company 24112 $ 1,000,000 INSURED Bolton and Menk, Inc. INSURER B: Continental Casualty CO 20443 1960 Premier Dr CMM 3 406 737 07/01/14 Mankato, MN 56001 INSURER C $ 1,000,000 INSURER D: $ 10,000 PERSONAL & ADV INJURY INSURER E: • X XCU Coverage INSURER F: BLKT CONTRACTUAL LIAB COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _SR FN LTR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF MM /DD /YYYY POLICY EXP MM /DD /YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 • X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1*1 OCCUR X CMM 3 406 737 07/01/14 07/01/15 DAMAGE ES R occur ence M $ 1,000,000 -PRE MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 • X XCU Coverage BLKT CONTRACTUAL LIAB 07/01114 07/01/15 X Blkt Addl Insured GENERAL AGGREGATE $ 2,000,000 • & BLKT WAIVER SUBROGATION 07/01/14 07/01/15 GEN 'LA GGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X PRO LOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ • X ANY AUTO CMM 3 406 737 07/01/14 07/01/15 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PeOa c ZTY DAMAGE _ $ $ X Blkt Waive of Subro UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 7,000,000 X AGGREGATE $ 7,000,000 • EXCESS LIAB CLAIMS -MADE CMM 3 406 737 07/01114 07/01/15 DED X RETENTION $ -0- $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y� OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA WCP 5 080 987 BLANKET WAIVER OF SUBR 07/01/14 07/01/15 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 B Professional Liab AFE 11 401 97 18 12/31/13 12/31/14 Claim 5,000,000 Errors & Ommission RETROACTIVE DATE 12/31/97 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is listed as additional insured regarding general liability under form CG2033. (see attached) Project: HSIP Improvements -49th Ave -SP 113 - 020 -005 II=§GPJqJail CITYCLU City of Columbia Hgts 590 40th Ave NE Columbia Hgts, MN 55421 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 ll ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIMUTY CG 20 33 rye! 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. as This endorsement modiks insurance provided under the fol1wMg: COMMERCIAL GENERAL LTABIUTY COVERAGE PART A. twtion Ii _ Who is An Insured Is amended to include as an adclItfonal Insured any person or or ganization for whom you are performing operations when you and such person or organization have „agreed In writing in a contract or agreement that such person or organization be added as an raddf tonal insured on your policy, Such person or or- ganiwtion is an additional insured only wish re- spect to liability for "bodily injury". "property damagte' or "personal acrd advertising injuryr caused, In whole or in part, by; 9. Your acis oromisstons; or 2. The acts or omissions of those acting on your beharf In the performance of your ongoing operations for the additional insured. A persorts, or organization's status as an additional Insured under this andorwment ends when your operations kr that „additional Insured ore Com- pleted. B. With respect in the insurance afforded to these additional insureds, the foliming additional exclu- sions apply: This Insurance noes not apply to: Z. "Bodily injury"„ "property damage' or "personal and advertising Injury"" arising out of the render- ing of, or the fallure to render, any professional architectural, engineering or surveying ser- vices, including, e The prePenring, approving, or failing to pre - pare or approve, maps, strop drayhrtgs, opinions, reports, surveys, fold orders, tinge orders or dravAngs and speoisc2- tions, or ts. SupervlsM. inspection; architectural or englneerlrV activities. 22. Sodily injury" or "property dareage' occurring ,after, a. All wodk including materials, parts or egdpment furnished In connection with such worts, on the project (other than ser- vice, maintenance or repalrs) to be per - formed by or on behalf of the additional in- cur s) at the location of the covered operatbons .has been completed; or it. That portion of "your worit'° out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrao. for engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 Q 160 Properties, Inc.. 2004 Page f of 7 Li COMMERCIAL GENERAL. LINBt.ITY '3TM s ENDOR'SENEKT CHANGES THE POLICY. PLEASE READ IT CAREEU E.LY. GENERAL LI,A134UTY EXPANDED PLC COVERAGE ENDORSEMENT This endorsement modifies insurance provided under thefoloaiing: COMMERCIAL GENERAL:LtAISLITY COVERAGE FORM I. SECTION t - COVERA sES, COVERAGE A BODILY INJURY AND PROPEFM DAMAGE UABIL17 Y Is amended as foiiow s: ttem 2. txofusimsr a. is deleted and repboed with IM foltowying; .a. Expectact Orintensled Injclry "Bouriify intcrry° or "property damage° expected or intended from the standpoint of the inisured. This exclusion does not apply to udity irl(txry' or property damage" 'resetting from the use of reasonable force for the purpose of protecting persons. or property. Item. 2, t =]LIs'ions g. (1) W Is deleted and replaced with the followrgg: (a) Less Haan 60 feet tong; and item 2. Exc4usions j, (S) second exception paragraph after (6) is delew and repiered with tte folbwv,rig: PsmgraPh (2) Of this exoltrston dues not apply 0 the prerr4ses are "your WOW and were not occupied. rented or held -for renta€ by you beyond one year from #tae date'yaur WOW was completed, The last paragraph of Item 2_ Exclusions is delet.+ed and replace with the Ulo wma: Exclusions >w. Rough n. do not apply to wSarit by fire or exptoslon to premises whie ,rented to YOU or temporarily occupied by yogic with permission of the owner. A separate U*. of insurarxe appftes to fts coverage as described in Section at •- L {MrTS OF IRSLWA:NCE- 2. SECTION I - GovERAGE5, cavr=RAeE O MEDICAL PAYMENTS is .amended as follows: b. Hired Parton To a person hired to do work for or on behalf of any insured or tent of any insured; however this exclusion doss not applY to 'volunteer workers" vAlile engaged In. maintenance or repair of your premtses. 3. The following coverage are added to SECTION i - COVERAGES, VOLUNTARY PROPERY•O,r'w.fitAG>E i. Insuring Agrement We will pay, at your request. for 'property daft109 to prop" of otf•ters caused by you, or while ift yaw possess€an arising, out of your business operations. The arrwnt Kto Will pay for darnagws is tbWW- as ceszribed In SECTION Tt€ — LIMIT OF INSURANCE. 2. Exclusions Coverage for Voluntary Property Damage does notappty to; a. "Loss' of prnperrry of ,premises oo vX4 rented. leased, �operaled or used by you. b, "Lass"' of property While in transit; c. °Loss' of property owned by. recited to. leased ta, bormwveid by or used by you; d. The cost of repairing or replacing; (1p 'Your work` de €ecavely or incorrecily done by wou; (2} "Your pmducr anatxuCactunut sold at supplied by you-, or item 2. EXctustans b. is deleted and replaced vAth the foltowirtg: ECG 70 93 08 05 Psge 1 of 6 a. 'i meTty damage" for which the (6) Water under the ground insured is drbllgated to pay surface pressing on, or damages by resson of the lowing or seeping through: assumption of liability, in a contract or agtement. This (a) Foundations, vialls, Room exclusion does not apply to or paved swtoces; lability for damages that the insured would have in the (by) Basements. whether absence of the contract or paved or trot, or agreement. (c) Mom, vuindows or outer b. 'Property danuge caused by or openings. resutting from any of the fbilowlna: d. -Property damage" caused by or resorting from any of I the (1) Wear and tear: following: (2) Bust, comcsion. ii ngus. {1� Water that leaks or flows Ercin decay. deterioration, Wden any ptumititng, heating., air or latent defect or any quality coriditoniq or -ire protaction In propaTty that Causes It to systerra caused by or resulting damage or destroy itself; from freezing. unless: (3) Smog or smoke; (a) Ycua inske a reasonable eltart to maintain heat in (4) Settiing, cracking, shrinking the building or structure: or expansion; or (5) tasetts, birds, rodents or {b% Fors drain the equipment rather Awwaals; sat and shut off the water supply if the heat is not (6) Mechanical breakdown, maintained, iroaluding rupture or busmilog Caused by centrifugal force, C. "Propeft damage" to; C. `Property diarrtage" caused (1) Plumbing, heating, air dlrectiy oir Indirectly by arty of the conditioning. fire protection+ follovwing- systems, or outer equipment or appraanCeS: Or (f) Any earth movement, such as an eaMquake, landsfde; The intaMr of the premises mine swtidenc.e or earth caused by or vasulting from sinking, rising orshiflfrggr rain or sr+ow. whether driven by wind or not. 2} Volcanic eruption. explosion oref sicn: 4. SECTION t — SUPPLEMEWARY PAYMENTS — COVERAGE$ A AND 8 is (3) Rood. surface water. waves, arnended as Ifsrllows; tides, tidal waves, overfow of any 'body of crater. or their item 1:b. is deleted and replaced with the spray, all whether driven by following: wind or not b. Up to $1.000 for cost of ball bonds (4) Mudsllds or muciflow; required because of accidents or traffic law vlolat3orrs arising out of the use of any (5) Water that hacks up from a vd icie to which the Bodity injury Liability sewer or drain: or Coverage applies. We do snot have to furalsh these bonds_ CG 70 83 08 05 Page 3 of 6 tte3rn 5. added as follows,: S. Vendors - Any person(t) or oWni2+iior s) with whore you agree in a Va tten contract or agreement to name as an Insured but only with respect to 'bodily injury" or "propedy damage. arising out of "your products" which are distributed: or sold in the regular course of the vendor's business, subject to the foliowing additional exclusions: a. The inswanoe afforded the vendor does not apply to: (1) "Bodily injury" or "property darnage" feu' which the vendor is obyrgated to pay .damages by mason of Cite assamplim of 'liability in a ao,rntmct or agreement This exclusion• doer not apply to lability for clarnages that the vendor would have �n the absence of the rontfad or .agreernerrt; (2) Any express watmnly unauthorized by Y= (2) Any physical or chemical change In the product made intentionally by the vendor; (4)1 Repackaging, except when unpacked se3LMY tour tilts purpose of inspection, demonMfion. Who, or :the subsRution of parts under instructions from the manul`acftme , and then repackaged in the original. container, (56) AM faitvre to make such inspectUons, adjustments, Iasi$ or seevichig as the vendor has agreed to make or normally undertakes to make in the usual course of buifjnass,. in conreenfion with ft di.a tbution or safe of the products: (B) Demonstration, inatatl.ation. servicing or repair operations. except such operations performer! at dw vendors premises In connection with the sate of tha product~ (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a Container, part or Ingredient -of any olhe:r Thing or substance by or for 'the vendor, or (8) 'Bodily lnjury" or -property damage° arising out or the sole neggigeno a of the vendor for Its own acts or omissions or those of its emptoyeas or anyone else acting on its behalf. However. This exclusion does not t-appiy to: (a) The exceptions contained in su by aragraphs !t_ or 6.: or (b) Such inspections, adjustrneM tests or servicing as the vendor has acsrc-ed to make or nornvIly undertakes to make to the usual +course of busmM. in connection with the disirkwtion or sate of the products. tt. This insurance dues not apply to any insured person at organization, from whorn you have acquired such products, or any ingredieant, part or cxxxtainer, uttering into, accompanying or torniaining such products. Item 6. added as Mlows: G. M-agaglers or Le=ors of .Pr+emtses Array person(s) or organbraVore(s) with whom you agree In a written c o ntrat or agreement to name as -an Insured but only with ra_spect, to iiabiilty arising out of fie ownership, maintenance or use of that part of the premises leased to you and subject to the fottovring additional exclusions: ides fasurance -does not apply to: (1) Arty t'occurrenoe. which takes place after you cease to be a tenant in that prMises, (2) Straciumi siteratfans, new cDns#ucti<m or 4em*Won opemlioras pecfO ned by or on behalf of the person(s) or crgainizason(s), S. S>*trTit3U ill — LIMS OF WSLMA.NCE Is amended esfolows: Item 6. is deleted and replaced with the following: -6. Suk4e3ot to S. above, the Damage 7o Premises Rented To You Limit Is the most we 'aria pay Carder Coverage A for damages beoause oP 'property damage" to any one premises, while rented to you, or in the cast of damage by fine, While rented to you or temporarily oocuple d by you wWn permission of the owner. Items S., 9, and Ware added as follows: 8. The moat we will pay under Voluntary Property bamago for "Ions arldng out of any one `occurrence is IS250. Tfte most we wi0 pay for the sum af all 'tresses " = under tits coverage is S1,000. CG Tq 93 08 05 Page 5 Of 6 INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 'JJINNESOTA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT - RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART A. When this endorsement is attached to the b. 90 Days Or More Standard Property Policy CP 00 99 the term (6) Loss of reinsurance by us which Coverage Part In this endorsement Is replaced If this policy has been n in effect for 90 by the term Policy, days or more, or if It a renewal of a If this policy is a new policy and has policy we Issued, we may cancel only S. The following provisions apply except when for one or more of the following rea- Paragraph C. of this endorsement applies: sons: The Cancellation Common Policy Condition is (1) Nonpayment of premium; replaced by the following: (2) Misrepresentation or fraud made CANCELLATION by you or with your knowledge in of cancellation, if we cancel for obtaining the policy or in pursuing 1. The first Named Insured shown In the Dec- a claim underthe policy; larations may cancel this policy by mailing (3) An act or omission by you that or delivering to us advance written notice substantially Increases or changes of cancellation. the risk insured; 2. We may cancel this policy, subject to the (4) Refusal by you to eliminate known provisions of Paragraph B.3. below, by first conditions that increase the po- class mailing, or by delivery, of a written tential for loss after notification by notice of cancellation to the first Named In- us that the condition must be re- sured and any agent, to their last mailing moved; addresses known to us. Notice of cancel- (5) Substantial change In the risk as- iation will state the effective date of can- sumed, except to the extent that cellation. The policy period will end on that we should reasonably have fore - date. seen the change or contemplated the risk in writing the contract; 3. Policies In Effect (6) Loss of reinsurance by us which a. Less Than 90 Days provided coverage to us for a sig- nificant amount of the underlying If this policy is a new policy and has risk insured. Any notice of can - been in effect for fewer than 90 days, cellation pursuant to this item we may cancel for any reason by giv- shall advise the policyholder that ing notice at least: he or she has 10 days from the date of receipt of the notice to ap- (1) 10 days before the effective date peal the cancellation to the com- of cancellation, if we cancel for missioner of commerce and that the commissioner will render a nonpayment of premium; or decision as to whether the can - (2) 30 days before the effective date cellation is justified because of the loss of reinsurance within 30 busi- of cancellation, if we cancel for ness days after receipt of the ap- any other reason. peal; 0ISO Properties, Ina, 2007 iL 02 45 09 08 Page 1 of 3 We may cancel this policy by giving the first Named Insured written notice of can- cellation at least 20 days before the effec- tive date of cancellation. Such notice will be mailed or delivered to the first Named insured. Proof of mailing of any notice shall be sufficient proof of notice. If we cancel this policy for underwriting considerations, we will inform you of the source from which the information was received. D. The following is added and supersedes any provisions to the contrary: NONRENEWAL If we decide not to renew this policy, we may do so by giving the first Named Insured and any agent written notice of our intent not to renew at least 80 days before the expiration date of this policy. Such notice will be deliv- ered or mailed by first class mail to their last mailing addresses known to us. Proof of mailing of any notice shall be suffi- cient proof of notice. We need not mail or deliver this notice if you have: 1. Insured elsewhere; 2. Accepted replacement coverage; or 3. Agreed not to renew this policy. IL 02 45 09 48 Page 3 of 3 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY i TO 4 . ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: 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 in- 2. This insurance does not apply to: clude as an insured any state or governmental agency or subdivision or political subdivision a. "Bodily injury" "property damage" or shown in the Schedule, subject to the following "personal and advertising injury" arising provisions: out of operations performed for the fed- eral government, state or municipality; 1. This Insurance applies only with respect to or operations performed by you or on your be- half for which the state or governmental b. "Bodily injury" or "property damage" in- agency or subdivision or political subdivision cluded within the "products- completed has issued a permit or authorization, operations hazard ". A Insurance services office Inc., 2008 CG 20 12 Ob 09 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. BUSINESS AUTO COVERAGE FORM CA 0001 IS MODIFIED AS FOLLOWS: SECTION 11 - LIABILITY COVERAGE, Item A. 1, Coverage, Who is An Insured Is amended to include the following additional para- graphs; d. Any legally incorporated subsidiary of yours in which you own more than 50 °/a of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "in- sured" under such a policy but for its termination or the exhaustion of its limits of Insurance. e. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or a majority interest. How- ever, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed -the organization; and (3) is afforded only for the first 180 days after you acquire or form the organ- ization or until the end of the policy period, whichever comes first. f. Any person or organization with whom you agreed in writing in a contract, agreement or permit, to provide insur- ance such as is afforded under this pol- icy. This provision only applies if the written contract or agreement has been executed or permit has been Issued, prior to the "bodily injury" or "property damage ". a. Any "employees" of yours while using a covered "auto" you do not own, hire or borrow that "auto ". ter Insurance services office, Inc., 2009 SECTION 11 - LIABILITY COVERAGE, sub- paragraphs (2) and (4) of item A.'2. a. Cover- age Extensions, Supplementary Payments are deleted and replaced with the following: (2) Up to $5,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "accident" we cover_ We do not have to. furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 per day be- cause of time off from work. SECTION it .- LIABILITY COVERAGE, B. Ex- -clusions, S. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION 111 - PHYSICAL DAMAGE COVER- AGE is amended as follows: Item A. •4. Coverage, Coverage 'Extension is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay .up to $50 per day to a maximum of $1,000 for transporta- tion expense incurred by you be- cause of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you cant' either Comprehensive or Specified Causes of Loss Coverage. We will pay for, transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss." fi. Personal Effects We will pay up to $500 for the "foss" of your personal effects that are contained In a covered "auto" due to the total theft of the covered "auto." We will pay only for those personal effects that are contained in covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. CA 70 68 0310 Page 1 of 3 Item D. Deductible is deleted and replaced with the following: D. Deductible For each covered "auto ", our obligation to pay for, repair, return or replace dam- aged or stolen property will be reduced ••-, -by• the - applicable -deductible-shown • i•n -the 'Declarations. 1. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. 2. Any Collision Coverage deductible amount shall not apply to loss caused by collision between your covered "auto" and an "auto ", other than a covered "auto ", provided: a. The loss to the covered "auto" is greater than the deductible amount; and b. The owner or operator of such other "auto" has been identified; and c. The owner or operator of such other "auto" is legally liable for the loss to your covered "auto;" and A. There is a valid Property Dam- age Liability Insurance Policy applicable at the time of the ac- cident with respects to the per- son or organization legally responsible for such loss to the covered "auto." 2. No deductible shall apply to glass damage if the glass is repaired .rather than replaced. SECTION iV -BUSINESS AUTO CONDITIONS Is amended as follows; Item A. Loss Conditions, 2. a. Duties In The Event Of Accident, Claim, Suit Or Loss is amended to include the following paragraph: This requirement applies when the "acci- dent," claim, "suit" or "loss" is first known to: .('I) You, if you are an Individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance man- ager, if you are a corporation. The following is added to Item 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right or recovery we may have against any person or organization for whom you are required in a written contract or agreement to include a waiver of transfer of rights of recovery against others to us, be- cause of payments we make for injury or damage done under -a -contract -with that per- son or organization. Item B. 2. General Conditions, Concealment, Misrepresentation Or Fraud is amended to Include the following additional paragraph: If you unintentionally fall to disclose any haz- ards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. Item -B. 7. General Conditions, Policy Period, Coverage Territory is amended to include the following additional paragraph: 6, For short term (30 days or less) hired autos, the coverage territory is anywhere in the world, provided that If the in- sured's responsibility to pay damages is determined in a "suit," that "suit" is brought in the territory described in items 7.(7) - (4). CA 70 68 0310 Page 3 of 3