Improvement Contracts_Top Grade Excavating, Inc. for the Old Highway Road Water Main Connection Loop Copyrighted
August 7, 2023
City of Dubuque Consent Items # 025.
City Council Meeting
ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance
Bonds
SUM MARY: Top Grade Excavating, I nc. for the Old Highway Road Water Main
Connection Loop.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Old Highway Road Water Main Connection Loop Supporting Documentation
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PUBLIC IMPROVEMENT CONTRAC�' '
(Section 00500)
OLD HIGHWAY ROAD WATER MAIN CONNECTION LOOP !i
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference �
purposes the 20th day of June, 2023, between the City of Dubuque, lowa, by its City Manager, li
through authority conferred upon the City Manager by its City Council (City), and Top Grade i
Excavating, Inc. (Contractor).
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 Old Highway I
Road Water Main Connection Loop (Project). ,
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following: ;
1. Project Title Page (Section 00100). �i
2. Project Directory Page (Section 00101).
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3. This Public Improvement Contract (Section 00500). ',
4. Pertormance, Payment, and Maintenance Bond (Section 00600). I
5. Out-of-State Contractor Bond (Section 00610).
6. Other Bonds: N/A i
7. The lowa Statewide Urban Design And Specifications (SUDAS) 2020 Edition. �!
8. CITY OF DUBUQUE Supplemental Specifications 2020 Edition. I
9. Other Standard and Supplementary Specifications as listed on the Title Page of the ��,
Contract Document Manual.
10.Special Provisions included in the project Contract Document Manual.
11.Drawings consisting of sheets bearing the following general title: ,
Old Highway Road Water Main Connection Loop '
12.Addenda (numbers 1 to 2, inclusive).
13.Insurance Provisions and Requirements (Section 00700).
14.Sales Tax Exemption Certificate (Section 00750).
15.Site Condition Information (Section 00775).
16.Construction Schedule and Agreed Cost of Delay (Section 00800).
17.Erosion Control Certificate (Section 00900).
18.Consent Decree (Section 01000).
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19.Exhibits to this Contract (enumerated as follows): %I
a. Contractor's Bid (pages 1 to 6 inclusive). I
b. Bidder Status Form (Section 00460). �
c. The following documentation that must be submitted by Contractor prior to Notice �
of Award. !�
i. Contractor Background Information Form (Section 00471)
20.The following which may be delivered or issued on or after the Effective Date of the 'I
Agreement: I,
a. Notice to Proceed (Section 00850). ',
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agreement). ,
There are no other Contract Documents. The Contract Documents may only be amended, %
modified, or supplemented as provided in General Conditions. '
3. All materials used by the Contractor in the Project must be of the quality required by the
Contract Documents and must be installed in accordance with the Contract Documents. I�
4. The Contractor must remove any materials rejected by the City as defective or improper, or �,
any of said work condemned as unsuitable or defective, and the same must be replaced or '
redone to the satisfaction of the City at the sole cost and expense of the Contractor. ;
5. Five percent (5%) of the Contract price will 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 'i
by any party that may be filed for labor and materials done and furnished in connection with I
the performance of this Contract and for a longer period if such claims are not adjusted within
that thirty (30) day period, as provided in lowa Code Chapter 573 or lowa Code Chapter 26. !
The City will 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 will be held by the City until such claims have been settled, adjudicated or
otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and �
agrees not to plead misunderstanding or deception related to estimates of quantity, '
character, location or other conditions for the Project. j
7. In addition to any warranty provided for in the specifications, the Contractor must also fix any
other defect in any part of the Project, even if the Project has been accepted and fully paid
for by the City. The Contractor's maintenance bond will be security for a period of two years
after the issuance of the Certificate of Substantial Completion.
8. The Contractor must fully complete the Project under this Contract on or before the date
indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract
Documents.
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its officers and employees, from
and against all claims, damages, losses and expenses claimed by third parties, but not
including any claims, damages, losses or expenses of the parties to this Contract, including
but not limited to attorneys'fees, arising out of or resulting from performance of this Contract,
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Page 3 ofi 6 �
provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, I�',
disease or death, or injury to or destruction of property, including loss of use resulting there '
from, but only to the extent caused in whole or in part by negligent acts or omissions of
Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts
Contractor may be liable, regardless of whether or not such claim, damage, loss or expense
is caused in part by a party indemnified hereunder. ,
10. The Contractor hereby represents and guarantees that it has not, nor has any other person I
for or in its behalf, directly or indirectly, entered into any arrangement or Contract 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 i
any Contractor arrangement with any other person, firm, corporation or association which ��
tends to or does lessen or destroy free competition in the award of this Contract and agrees
that in case it hereafter be established that such representations or guarantees, or any of
them are false, it wilFforfeit and pay not less than ten percent (10%)of the Contract price but i
in no event less than $2,000.00 (Two Thousand Dollars) to the City. ,
11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, II
be obligated to the extent provided for by lowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of I
Substantial Completion has been issued by the City, it will keep and maintain the Project in ,
good repair for a period of two (2)years. ',
13. The Project must be constructed in strict accordance with the requirements of the laws of the '
State of lowa, and the United States, and ordinances of the City of Dubuque, and in i
accordance with the Contract Documents. ;
A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of !
1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C. '
1368 et, seq.) as amended, Executive Order 11738, and Environmental Protection ,
Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and i
107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5). ,
B. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department �
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in I
Federally assisted programs of the Department of Transportation issued pursuant to �
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this advertisement, minority business enterprises will be ;
afforded full opportunity to submit bids in response to this invitation and will not be j
discriminated against on the grounds of race, color, national origin, sex, age, or disability 'i
in consideration for an award. '
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CONSENT DECREE
RELATING TO THE PRO,lECT
14. �TH15 CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER & RES4URCE RECOVERY CENTER OR THE SANITARY S�WER
C�LLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTkON ARE
APPLICABLE,
CITY CONTRACTOR
� TH1S CONTRACTOR IS NOT PERFORMING WORK FOR THE C1TY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOV�RY CENT�R OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
S�CTION ARE N4T APPLICABLE.
The City has entered into a Consent Decree in the case of Th� Unit�d States of America, and the State
of Ivwa v. The City of Dubuque, lowa, Civil Action NUmber Case 2:11-c�-01011-EMJ, Ci�il Actian
Number 2008V00041, DOJ Case Number 90-5-1-1-Q9339, United States District Court forthe North�rn
District of lowa. The pro�isians of the Consent Decree apply to and are binding upo� the City and i�s
officers, directors, em�loyees, agents, servants, successors, assigns, and all persons, firrr�s and
corporations under cantract with the City to perform the obligations of the Consent Decree.
The City is required ta provide a ca�y of the Cons�nt Decree to any cantractor ar consultant retained to
perfarm work required by the Consent Decree.
A copy of the Conser�t Decree is included in the Contract Documents and can be viewed at
htt :I/www.c�t ofdubu ue.or IDocumentCenferlHomeNiew13173. A hard copy is available upon
request at the City's Engineering Departm�nt Offic�.
The City must condition any cantract to perform work required under the Consent Decree upon
perfarmance af the woric in conformity with the provisions of the Consent Decree.
The Cansent Decree also provides that until five (5) years after the termina#ion of the Consent Decree,
the City must retair�, and must instruct its contractors and agents to preserve, a11 non-identical copies of
all documents, reporks, data, records, or other information (including documents, records, or other
information in electronic form} in its ar its cantractors' or agents' �assession ar con�rol, or that come into
its or its contractors' or agents' �ossession or contral, a�d tha� relate in any manner to the C�ty's
performance of its obligations under this Consent Decree, including any underlying research and
analytical data. This informatian-reten#ion period, upon request by the United States or the 5tate, the
City must provide copies af any dacuments, reports, analytical data, or other information required to be
mainfained under the Consent Decree. At t�e canclusion vf the information-retention period, �he City
must notify the United States and the State at least ninefiy (94) Days prior to the destruction of any
documents, recorcEs, or other information subject to such requ�rements and, upan request by the Uniteci
States or the State, the City must deli�er any such documents, recorc{s, or other information to the EPA
or IDNR.
Page 5 of 6
CERTIFICATION BY C�NTRACTOR
The undersigned, on behalf of the Con�ractor, with full authority to acf on behalf of the Contractor,
certifies to the City af Dubuque as fallows:
1. [ have recei�ed a copy of the Consent Decree in the case of The United States of
America, and the State of lowa v. The City of Dubuque, lowa, Civil Actian Number
Case 2:11-cv-a101 �-EMJ, Civil Action Number 2008VOn041, D�J Case Number 90-
5-1-1-a9339, United 5tates District Court for the Northern District of lawa.
2. All work performed will be in canfarmity with the pro�isions of the Consent Decree.
3. All documents reports, data, records, or other information {including documents,
records, or other i�farmation in electronic form) that refate in any manner to the
perFormance of obligations under the Cons�nt Decree, including any underlying
research and analytical dafa, will be retained as required by the Consent Decree.
4. The Cantractar agrees to defend, indemnEfy, and hold harmless the City, its officers,
agents, or employees from and against any claims, including penalties, costs and
fees as pra�ided in the Cansent Decree, re�ating to or arising out of the Contractor's
failure to comply with the Cansent Decree.
C�NTRACT4R:
To Grade Excavatir� , lnc��
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Si natur�
as,dn Vorwald
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Vice President
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Date
Page 6 of 6
THE CITY AGREES:
15. Upon t�e completion af the Contract, and the acceptar�ce of the Project by fhe City Council,
and sub�ect to the requirements of law, the City agrees to pay the Contractor as full
compensation far the complete performance of this Contract, the amount determined for
the total work completed at the price(s) stated in th� Con�ractor's Bid Proposal and less
any Agreed Cost of Delay provided for in the Cantract Dacuments,
C�NTRACT AMOUNT $697,6U4.U0
CITY �F DUBUQl1E, IOWA:
Water Department
By !/
Signature
Michael C. Van Milligen
City Manager
07/24/2023
Date
CONTRACTOR;
To Grade Excavatin , Inc. �
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By � �
Signa� re
Ja �n orwald
Vice President
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Date
SECTION 00400 I
Page 1 of 6 i
UN1T PRECE SID PRQPOSAL F�C?RM II�I
SECTION 00400
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P�tOJECT: Oid Highway Road Water Main Connection Loop
BID TO: Office of City Clerk �
City Half I
Dubuque, lowa 52001 !
BID FRO�iIt: i
UA C�lZ�i3� ��'��{�.J,�3'"l�t'��e 1� C. (Company) '
� 7� %'�'�-J 1�,�,� /�L�� _ (StreetAddress) ;
��ifsL � � � �1� ��Q�� (City� State, zip) ,
� e ►�"' G 9�� (Email Address) '�
�J+�� - 7'-1 {-/- 3�! 1(.� (Telephone) ��
�00.1 Gen�ral
The undersigned Bidder agrees, if the Bid is accepted, to enter into an Contract with the City,
in the form included in the Contract Documents, to perform and furnish the Work as specified
or indicated in the Contract Dacuments for the Totai Bid Amount and within the Bid time
indicated in the Contract Documents and in accordance with other terms and conditions of the
Contract documents.
400.2 Recital�
In submitting this Bid, Bidder represents, as more fully set forth in the Public improvement
Contract, that:
a. This Bid will remain subject to acceptance for forty-five (45) calendar days after the day
of Bid opening;
b. The City has the right to reject this Bid and to waive any informalities in the Bidding;
c. Bidder accepts the provisions to the Instructions to Bidders regarding dispositions of Bid
Security;
d. Bidder will sign and submit the Public Impravement Contract with the Bond and other
documents required by the Contract Documents within ten {10) ca{endar days after the
date of City's Notice of Award;
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' SECTION 00400
Page 2 of 6 ,
The Bidder hereby certifies that the Bidder is the only person or persons interes#ed in this I�'i
proposal as principals; that an examination has been made of the plans, specifications, ',
contract form, including the special provision contained herein, and the work site, and the
Bidder understands that the quantities of work shown herein are approximate only and are I
subject to increase or decrease.The measured unit quantity of any item stated in the pfans,
specificatian, or on the bid proposal form are approximate only and the final payment must be
made by the work covered in the contract(Public Improvement Contract - Section 500). The j
Contractor further understands that all quantities of work, whether increased or decreased, are �
to be performed at the Unit Prices as stipulated herein; the Bidder proposes to furnish all '
necessary m.achinery, equipment, tools, labor and other means of construction, and to furnish '
alI materials specified in the manner and time prescribed and to do the work at the prices ,
herein set out.
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400.3�iidder's Acknowled�ment
In submitting this Bid ihis Bidder acknowledges and represents that:
1) Bidder has examined copies of all the Contract Documents, i
2) Bidder has visited the Project Area and become familiar with the general, local, and i
site conditions; I
3) Bidder is familfar with Federal, State, and local laws, ordinances and regulations that
govern the work specified by the Contract Documents,
4) Bidder has correlated the information known to the Bidder, observations obtained ;
from the examination of the sife, reports and drawings identified in the Contract �i
Documents and additional investigations, explorations, tests, studies and data within ,
the Contract Documents;
5) This Bid is genuine and not made in the interest of or on behalf of an undisclosed �
person, firm or corporation; Bidder has not directly or indirectly induced or solicited I
another Bidder to submit a false or sham Bid; Bidder has not solicited or induced a �i
person, firm or corporation to refrain from Bidding; and Bidder has not sought by ,
collusion to obtain for itself an advantage over another Bidder or over City; �,
6) local and State sales and use taxes are not included in the Bid Amount.
A00.4 Unit Prices and Bit! Amounf
See next 2 pages for Bid Schedule
TI�E CTfX QF
D�� � Revised Per Addendum No.: 2
Masterpiece on the Mzssissippi
City of�ubuque,lowa
BI�DER NAME: TOP GRADE EXCAVATING,1NC. DATE: JUNE 73th 2023
Project Name: 4LQ HIGHWAY f20A�WATER MAIN CONNECT{flN LOOP
Lli+fE R�FERENCE g�p 1T£M�ESCRIPTI�N P�N UNIT $�� TOTAL PRICE
NO. NUMBER C1UAiVi'I7Y UNITPRiCE
Uivislan 2070-Earihwark,Suhgrade,and Suhhase
1 2010-708-C-0 Cleadn�and Grubbing C 1.00 �5 $i,soo.00 $1,5DO.D6
2 2010-708-D-1 Topsoil,On-site 117p.0� CY $9.90 591,583.00
3 201 p-108-J-Z-c Removal of Known Pipe Culvert 780.00 LF $20_00 $3,600.00
Sub Total $16,683.00
09vision 30i6•Trench Exaavation and Backfiil .
a 3010-108-A-0 Bedding MateriaE,Gradatfon 30 ,_ �, 2560.00 TON $9.04 $23,040.00
5 3010-i08-A-0 Bedding MateriaS,�"Commercial Clean Stone 15D.00 TON $20.64 $3,000.00
6 3010-108-D-0 R�e lacement of VnsuiEable Backfil!Material Grada�ion 30 1400.D6 TON $9.4D $12,600.00
Sub 7otal $38,640.00
Divisian 4030-Pipe Culverts
7 4030-1p8-A-1 Pipe Culvert,Trenchad,24'CMP 22.00 LF $fi6.00 $1,452.OU
8 4030-106-A-1 Pipe Cu9veR,Trenched,18"CM? B0.00 LF $55.00 $4,400.00
9 4030-108-A-1 Pi e Gulvert,Trenched.75"CMP 70.06 LF $49.00 $3,43U.00
10 4030-108-A-f Pipe Cul�ert.Trenched,24"RCP 48.40 LF $142.00 $2,556.00
i� 4�3a-i 08-B-0 Pipa Apran,24"CMP 2.00 EA $42U.OQ $840.00
72 4030-108-B-0 Pi eA ran,18"CMP 4.U0 EA $275.00 � $1,1�D.00
13 4030-108-8-0 Pipe Apron,15°CMP 4.�0 EA $230.Q0 $820.00
14 403Q-108-B-D Pipe Apron,24"RCP 2.OD EA $1,300.D0 $2,600.00
� Suh Tota[ $17,298.00
Division 5010-Pipe and Firiings
t5 5010-108-A-1 WatarMain,Trenched,DIF�,6' 30.00 LF $�20.60 $3,60�A0
16 5010-108-A-1 WaterMaln,TrencRed,DIP,8" 25.00 LF $158.00 $3,850.00
17 501�-i08-A-1 WaierMain,Trenahed,�IP,12" 9670.00 LF $93.00 $434,31fl.flD
18 5010-108-C-2 Fittings hy Weight,B1 1800.OD LBS $3.65 $6,570.00
13 5016-1Q8-C-3 Jaint Restrairoi,Meqa luq,6" 12.00 EA $75.00 S90Q.00
2Q 5010-108-C-3 Joint Restraint,Mega lug,B" 4.00 EA $85.00 $340.0�
21 5630-106-G-3 Joint Restraint,Mega lug,12' 38.fl0 EA $1 fid.QO $5,904.OU
22 5010-108-C-9 Fiitings,oi sr��,ir 2.00 EA $800.00 $1,240.0�
23 501fl-1D$-�-0 Removal and SaS�rage-Water Maln Fittings and Appurtenances 1,D6 LS $150.OU $150.00
Sub 7otal $456,924.06
Divislan 5D20-Vaives,Fire Hydrants,and Appurtenances
24 502D-108-A-0 Valve,Gate,B' 6.00 EA $1,984.00 $11,904.00
25 5fl20-10&A-0 Valve,Gate,8" 2.Oa EA $2,675.OQ $5,350.00
26 5020-1�8-A-0 Valve,Gate,12" ........ -•• $.p0 EA $4,625.00 $37,Q00.00
27 502D-108-C-0 Fire Fiydrant 6.00 EA $7,417.00 �$44 6_�2.04
Sub Total $98,756.00
�ivision 7010-Portland Cement Cnncrete Pavament
28 PCC Callar Around Water Valve Bax 3.00 EA $$50.U0 $2,55a.00
5ub Total $2,554.Q0
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LiNE REFERENCE BI�ITEM QE5CRIP"fION P� UNIT g�� 707AL PRICE
HO. NlIMBER flUAN1711"Y UFifT PR10E
Oivls[on 7�30-Sidewalks,Shared Use Paths,and Uriveways
29 7630-108-A-0 Rema�ral of Qr9veway _ _ #65.00 SY $3.00 $1,485.0�
30 7030-108-H-1 Driveway,Paved,PCC,6"(Thi�kness) 25.00 SY $9a.a0 $2,250.00
31 7030-108-H-1 Drivewav,Peved,HMA,4"iTh�ckness) 140.OR SY $50.00 $7,OD4.00
32 7030-108-H-2 Driveway,Granular 100.00 TON $35.DQ $3,5�4.00
5ub Total $14,235.00
Divfsian 7040-i'avemer�t Rehaditilatlon
33 7440-108-A-0 Full oepth Patches HMA 15fl.00 SY $55.00 58,250.40
Sub Total $8,250.00
IOOT 6ivision 2528-Traffic Control
34 IDOT2528.04-A Tra�ficGon�rol 1.00 LS $12,00v.vo $32,00n.oa
Su6 7atal S12,D00.00
�ivlsEon 90'f 0-Seeding
35 9010-108-A-1 Conventlonal-5eeding,Type 1 1.00 LS $5,5U0.00 $5.5D0.00
3B 9010-108-A-9 Conventional-Seeding,Type 2 _ _ 1.00 L5 $1,500.00 $1,540.00
5ub Tatal $7,000.00
Divisinn 904fl•�rasivn and Sed3ment Contral
37 9440-10B-A-2 Siortnwater Pollution Preveniian Plan LWPPP}Manag_ement 1.00 LS $1,20Q.00 $1,200.00
38 9040-108-T-1 Inlet Protection Oevice,Ins[allation 8.00 EA $30.60 $24p.00
38 8040-ip8-T-2 €nlef Protecfipn�evice,14faintenartce 8.00 FA $i.00 $S.DO
40 9040-108-N-1 Silt Fence or Silt Fence difch Check,IrtstalSaiion 700.00 LF $2.OD $1,400.OD
41 9040-10&N-2 Silt Fence or Si4t Fence Ditch Check,Removal of Sediment 700,60 LF $0.10 $70.00
42 904p-1 U8-N-3 Silt Fance ar Sl1t Fence pitch Chack,Rema+r�l oi Device 760.0fl LF $1.00 $7a0.00
Sub Total $3,618.p0
Divisian 11,020•Ma6ilization
a3 Si026-1�8-A-0 Mobilizatlon 1.00 LS $21,5U0.00 $2'f,500.00
S�b7ata[ $27,500.00
�i�isivn 51,050-Cancrete VYashaut
44 11050-108-A-0 Concrete Washout 1.40 LS $i5Q.00 $1SQ.00
Sub 7ota1 $15Q.OQ
4ti4,5 6ase 6id Amount Bid Amount $697,60a.00
SIX �µn�+�tC (�►Ys[fi�{ 5�ti1[y1 �1�1tlu.3�`t•n� ���f I'lelvl�*VrC� �t7u€✓' (UseWords)
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' SEC710N 00400 '
Page 5 of 6 '�
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4�0.7 Timelirtess I
Bidder agrees that the work shall be Substantiaily Gomplete and made ready for final payment I
in accordance with Contract Documents no later than the date(s) indicated in Section 0080Q — I
Construction Schedule and Agreed Cost of Delay. ',
400.8 Additiona! Documents To Be 5ubmitted With Bid I
The foilowing additionaf documents are included and made a condition of this Bid:
j
A. Bid Bond (Section 00450}—or other approved Bid Security. ',
Accompanying this Bid in a separate sealed envelope is a Bid Bond, cashier's check, or
certified check in the penai sum of ten percent{10%)of the submitted Bid. It is
understood that the Bid security will be retained in the event a contract is not executed '
by the Contractor if award is made to the undersigned. If a Bid Bond is submitted it must '
be executed by the Bidder and acceptable corporate surety. If a Cashier's check or '
certified check is submitted it must be made payable Yo the City Treasurer, City of
Dubuque, drawn on a bank in lowa or a bank chartered under the laws of the United
States.
B. Bidder Status Form (Section 00460)
400.9 Document Submittal Ret�uirsments bv Apparent �ow Bide�er
The apparent low bidder must submit the Contractor Background Information Form (Section
00471) ta the Jurisdiction Repressntative within 72 hours after the bid opening. Faiiure to
submit the Contrac#or Background Information Form by the required deadline may be
considered justification for the City to determine the Bidder as not responsible.
400.10 Contract ExecufEon
The Bidder further agrees to execute a formai contract and Bond, within ten (10) calendar days
after the date of the City's Notice of Award. The Bidder also agrees it will commence work on
or before ten (10) ca(endar days after the date of City's Notice to Proceed, and it will complete
the work within the specified contract period or pay the Agreed Cost of Delay stipulated in the
Contract Documents.
400.11 t�uestions and Interpretations
Failure by the Bidder to request clarification of the Contract Documents during the bidding
process does not waive the responsibility for comprehension of the documents and
perFormance of the work in accordance with the Contract Documents. Signing of the Bid
Proposal Farm constitutes the Contracfor's certification as implicitly denoting thorough
comprehension of intent of the Contract Documents.
sEcrioN ao4ao
Page6of6
400.12 Adtle�da
The Bidder acknowlecfges receipf of#he following adcienda:
�L?�.ZLI��� �_� _ �ate�: � � :
�, � � ".
tQ � �1��t1 i� ,.a � � Dated: �..��� .�
Dated:
Dated:
400.13 Siqr�a#ures
Contractor;
!h� �� !' �'. ;', � ����.1��i1�rl�; , P�.�:�" Datecf: "ZD 2�j
---- -� -----,
- 3
Contractor Name
� � � �
� ��'r� �Gr� � :��
Sfreet(Businass Lacation) � � �
....-�
�''�� f� ' f` '+
City
�
� j.r�.F �� ����l L/
S �1�3
Dated: � - I � - Z.a z-�
Sign re
v 4 C G- T � �.5, �G� 't'
Tit1e
The Bidder's State of ���� does ( ) 1 daes not ( ) utilize a percentage preference
for in-state Bidders. The amount of preference is percent.
-__= END OF SECTION U0440 ==_
.
;
,
Bond No.2346710 Page 1 of 4 'i
PERFORMANCE, PAYMENT AND MAINTENANCE BOND I
� SECTION 00600 '
i
KNOW ALL BY THESE PRESENTS: I
That we, Top Grade Excavating, Inc., as Principal (hereinafter the "Contractor" or "Principal") and '
Swiss Re Gorporate Solutions America Insurance Corporation, as Surety are held and firmly
bound unto the City of Dubuque, lowa, as Obligee (hereinafter referred to as "Owner°), and to all
persons who may be injured by any breach of any of#he conditions of this Bond in the penal sum
of Six Hundred Ninety-Seuen Thausand Six Hundred Four pollars and Zero Cents ($697,604.00),
lawful money of the United States, farthe payment of which sum, well and truly to be made, we
bind ourselves, our heirs, lega! represen#atives and assigns, jointly or severaily, firmly by these
presents.
The conditions of the above obligations are sach that whereas said Contractor entered into a
contract with the Owner, bearing date the 20th day of June, 2023, (hereinafter the "Contract")
wherein said Contractor undertakes and agrees to construct fihe fioliowing project in accordance with
the Contract Documents, and to faithfully pe�orm alI the terms and requirements of said Contract
within khe time therein specified, in a good and workmanlike manner, and in accordance with the
Contract Documents. The Contract Documents far Qld Highway Road Water Main Connection
Laap project detail the following described improvements:
The extent of work invalved consists of the installatioh of approximately 4,700 lineal feet of
12-inch water main and water main appurtenances alang Old Highway Road from the
Dubuque County Fairgrounds east to approximately 2,200 feet west of the Highway 20 and
Old Highway Road intersection. The project also includes minor culvert replacement along
with various surface restoration including erosion control, seeding, HMA and PCC
pavement and granular surFacing.
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surefy, to-wit:
1. P�RFORMANGE: The Contractor shall well and faithfully obsenre, perform, fulfill, and
abide by each and every covenant, condifiion, and part of said Contract and Contract
Documents, by reference made a part hereof, for the project, and shall indemnify and save
harmless the Owner from all outlay and expense incurred by the Owner by reason of the
Contractor's default of failure to perForm as required. The Contractor shall also be
responsible for the default or fa9lure ta perform as required under the Contract and Contract
Documents by all its subcontractars, suppliers, agents, or employees furnishing materials
or providing labor in the performance of the Contract.
2. PAYMEfVT: The Contractor and the Surety on this Bond hereby agreed to pay all just
claims submitted by persons, firms, subcontractors, and corporations furnishing materials
' for or performing labor in the perFnrmance of the Contract on aocount of which this Bond is
given, including but nofi limited to claims for all amounts due for labor, materials, lubricants,
i oil, gasoline, repairs on machinery, equipment, and taols, consumed or used by the
Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the
. . I�I
Page 2 of 4 ,
contract price the Owner is required to retain until completion of the improvement, but the ,
Contractor and Surety shall nofi be liable to said persans, 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 I
obligations and conditions set forth in Chapter 573 of the lowa Code, which by this ,
reference is made a part hereof as though fully set out herein. '
3. MAIfVTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defeats that may develop in or resuit from work fo be
performed under the Contract Documents within the period af two (2)year(s) from the
date of acceptance of the work under the Contract, qy reason of defects in
workmanship, equipment installed, or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of manitoring and inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a
resulfi of Coniractor's and Surety's failure to remedy any defect as required by this
section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepfied.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractar in which to per�arm the Contrac#;
B. To consent without notice 4o any change in the Contract or Contracf Documents,
authorized in approved change orders which thereby increases the tatal conYract price
and the penal sum of this Bond, provided that all such changes do not, in the
aggregate, invalve an increase of more than fwenty percent (2d%) of the total contract
price, and that this Bond shall then be released as to such excess increase;
C. To consent without notice that this Bond shall remain in fuil force and effect until the
Contract is completed,whether completed within the specified contract periad, within
an extension thereof, or within a period of time after the cankrac#perlod has elapsed
and the liquidated damage penaliy is being charged against the Contractor.
The Cpntractor and every Surety on the Bond shall be deemed and heid bound, any contract to the
II
� contrary noiwithstanding, to the following provisians:
, D. That no provision oFthis Bond or of any other contract shall be valid that limits to less
than five (5)years aiter the acceptance of the work under the Gontract the right to sue
I on this Bond.
� � I
Page 3 of 4 �'�
E. That as used herein, the phrase"all outlay and expense" is not#o be limlted in any
way, bu4 shall include the actual and reasonable costs and expenses incurred by the ,
Owner including interest, benefits, and overhead where applicable. Accardingly, "all '
outlay and expense°would include but nat be limited to all contract or empfoyee I
expense, all equipmen#usage or rental, materials, testing, outside experts, attorney's '
fses (inciuding overhead expenses of the Owner's stafF attorneys), and all costs and I
expenses of litigation as they are incurred by fihe Owner. It is intended the Contractor '
and Surety wil(defend and indemnify the Owner on all daims made againsfi the ;
Owner on account of Contractor's failure to perForm as required in the Contract and
Contract Documents, that all agreements and promises set forth in the Gontract and
Contract Dacuments, in approved ehange orders, and in this Band will be fulfilled, and '
that the dwner wili be fully indemnified so that it will be put into the position it would ,
have been in had the Contract been perFormed in the first instance as required. !
In the event the Owner incurs any"oufilay and expense" in defending itself against any claim as to �,
which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the ContracC, Contract Dacuments, or approved chenge
orders, or in the enforcernen4 of the pramises given by the Cantractar and Sureiy in this Bond, fihe
Cantrackar and Surety agree thafi they will make the Ovuner whole for all such outlay and expense, '
provided that the Surety's obligation under this Band shall nat exceed one hundred iwenty-five
percent(125%) of the penal sum of this Bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that
the venue thereof shall be Dubuque County, State of lowa. If legal action is required by the Owner
fa enforce the provisions of this Bond or ta collect the monetary o6ligation incurring to the benefit of
fihe Owner, 4he Contractor and the Surety agree,jointly; and severally, to pay the Owner all outlay
and expense incurred fiherefor by the Owner. All rights, powers, and remedies of the Owner
hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and
remedies given to the Owner, 6y law. The Owner may proceed against surety for any amount
guaranteed hereunder whe#her action is brought against the Contractar or whether Contractor is
joined in any such action(s) or not.
NQW TH�REFORE, the condition of this obligation is such that if said Principal shali faithfully
perform aU the promises of the Principal, as set forCh and provided in fihe Contract, in the Contract
Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in
full force and efFect.
When a work, term, ar phrase is used in this Bond, it shall be interpreted or construed first as
defined in this Bond,the Contract, or the Contract Documents; second, if not defined in the Bond,
Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable
provisions of the lowa Code; third, if not defined in the lowa Code, it shall be interprefied or
construed according to its generally accepted meaning in the construction industry; and fourth, if it
has no generally accepted meaning in the construction industry, it shall be interpreted or construed
according to its cammon or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not
limit liability hereunder. The Gontract and Contract Documents are hereby made a part of this
Bond.
Page 4 of 4
Witness our hands, in triplicate, t�is 27th day of �„n� , 2023.
SURETY COUNTERSIGNED BY:
SURETY:
Nta
Signature of Agent Swiss Re Corporafie Solution�Arn�i�ca
Insurance Corporation
Rr€nted Name of Agent ^";n-':°����"
_•��z .,���•..
-�4v •1+.
:.:�:
T 2"
B : -��✓� _ow.� F�� ;�;=
Company Address ' nat tarn -in-Fact Gif'Ecer _ � �9�3, :�;�
ors?r�syo�;.�.�
:^*":
Clty,State,Zlp Code Kate Zanders,Attorney-in-Factllowa L'scer,�p�Agent _" "
Prinfed Name of Attorney-in-Fact
Company Telephone Number Holmes,Murphy and Associates LLC
Campany Name
2727 Grand Prairie Parkwav
PRINCIPAL: Company Address
To Gr�acl�Excavatin , I11C. Waukee,IA 50263
' City,State,Zip Code
B : _515�23-6800 .._ �_. _.�
Sig tur Company Telephone f�umber
Jasor� rwald _
Vice Presic�ent
FOR�VI APPROV�D BY:
�
Repr sentati�e for Gity of Dub que
NOTE:
'�. All signat�res on #�is perFormance, payment, and maintenance Bond must �e original
signatures in ink; copies, facsimile, or electronic signatures w�ll not be accepfied.
2. This Bond must be sealed wifih the 5urefy's raised, embassing seal.
3. The name and sig�ature of the Surety's Attorney-in-FactlOffEcer entered on this Bond
must be exactiy as listed on the Certificat� or Power of Attorney accvmpanying this
Bond.
__== END OF SECTION 00600 =_-_
��
SWISS RE CORPORAT�SOLUTIONS
. SWISS RE CORPORATE SOLU'1'IONS AMERICA INSURANCE CORPORATION("SI2CSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIE2INSURANCE CORPORATION("SRCSPIC")
� W85TPOR1'WSURANCECORP02ATION("WIC")
G�N�RAL POWER OF ATTORN�Y
IINOW ALL MEN BY THESE PRESENTS,THAT SRCSAIC,n corporation duly organized¢nd existing under laws o£the State of Missouri,and
having its principal office in tlie City of Kansas City,Missouri,and SRCSPIC,a corporation organized und existing under the laws of the Stute of
. Missouri and having its principal office in the City of Kansas City,Missouri,and WIC,organized imder the laws of the State of Missouri,aud having its
principal office in the City of Kansas CiTy,Missouri,each does hereby make,constiMte and appoint:
JAY D.FRHIERMUTH,CRAIG E.HANSEN,BRIAN M.DEIM&RLY,CINDY BENNETT,ANNE CROWNEA,TIM McCULLOH,STACY V&NN,
DIONE R.YOUNG,STACIE CHRISTENS&N,SETH ROOKeR,JBNNIFER MARINO,IOSEPH TIE2NAN,KATe ZANDERS,and SARA HUSTON
� JOINTLY OR SEVERALLY
� Its We and lawful Attorney(s)-in-Fact,ro make,execute,seal and deliver,for and on its behalF and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,es surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided fl�at no bond or undertaking or conU'act or sureryship executed under tliis autliority shall exceed the
amotmt of:
ONE HUNDRED TWENTY FIVE MILLION($125,00O,OOD.00)DOLLARS
'. This Power oFAttorney is granted and is signed by facsimile ander and by the authority of the following Resolutions adopted by the Boards of
. Directors of both SRCSAIC and SRCSPIC at meetings duly called and held o�the 18th of November 2021 and WIC by written consent of its
ExecuNve Committee dated Juty 18,201 l.
� "RCSOLVED,thnt any two of tlie President,any Managing Director,any Senior Vice President,a�ry Vice President,the Secretary or any Assistant
�. Secretary be,and each or any of them hereby is,authorized to execute a Power of Atturney qualifying the attorney nxmed in the given Power of
A[torney to execute on behalf of the Corporation bonds,undertakings and all contrac[s of surety,and that each or any of them hereby is authorized to
�. attest ro the execution of any such Power of Attorney and to attach therein the scal of the Corporution; and it is
FURTHER RESOLVED,that the signature of such officeis and the seal of the Corporation may be affixed to any such Power of Attorney or to
� nny certifiexte relating tnere[o by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shal]be
bindine n�yon th�Carporation when so affixcd and in the fufire with reeard to anv bond,undertaking or contract of surety to which it is attached."
� ¢
FV'ilOVSA�+IF2/Cq ���CNS.PREM�Qp . f„MY�nsWww� - 1�
� �:,PORqr�h� r� p40Rq �N'yG 13 '=i r $l`.�t11(NNCg"F
v r ,
� �''} I A} r "'� `4�'1'�. A � s erlkJnnsgens SevlorVicel're�idenfofSRCSAIC&SeniarVlaPreti�lent y`'
eg+�� ^' �� '^ mi c�.. �+' �A' * � �� of3RCSPIC&ScvlorVic<Pre¢ItlentofWlC �"��'��tir� �
a"� o: ` p`� �t �R� :
1H73 � � u ���j,�
J°sy,��saoJ��a� `b��riSSOU?'�\Y� �Y '^'"'"".. . . �`w......•°r>
NS N ,.
y��*���f � g� �'i,N� GernWJegrowakyVicePretideu�afSRCSAIC&VlttPresitlen�ofSRCSPIC #
&vt<c R�eelacnt of wlc
�. IN WITTIESS WI�fERAOP,SRCSAIC,SRCSPIC,and WIC havc caused their officiul seals to be liereimto a�xed,and these presents to be signcd by thcir
�- authorizednfEicers
� this��H day of �ANUARY ,20 23
Swiss Re Corporate SoluBons America Insurance Carporation
StatC of Illlttois Swiss Re Corporate SolnUons Premier Insurance Corporation
CoutttyoFCook SS WestpurtInsur�nceCorporation
On this ��TH day of �ANUARY 20 23_,before me,n Notary Public personally appeared Erik Janssens,Senior Vice President of SRCSAIC
aiid Senior Vice President of SRCSPIC nnd Senior Vice President of WIC and Gerald 7aerowski,Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice Presidcnt of WIC,personally laiown to me,wlio being Uy me dnly sworn,acknowledged that[hey signed the abovc Powcr oFAttomey
�II,
as officeis of aud acknowledged said instrmnent to be the volnntaty ac[and deed of[heir respective compunies.
�o�cw.a�a��;: -.
clgil$71NA MA[11SCb
t�e��C;���� (�
i I,JeCfrev(ioldber�,the daly elected Senior Vice President and Assistairt Secretary of SRCSAIC and SRC PI�C and WIC,do hereby certify that the above and
foregoing is a true and correct copy of a Power of A[[orney given by said SRCSAIC and SRCSPIC and WIC,wliich is s[ill in full force and cffect.
IN WI1'NESS WHEREOF,I have set my hpnd and affixed the seals of[he Compauies thisy7l�_dny of June , 2023 .
'I w-�?"�'.� r n .. _.�_::_._.
i Jeffrey Goldberg,Senior Vice President&
Assistunt Secretary of SRCSAIC and
SRCSPIC and W1C
����� DATE(MM/�D/WVV) �
�.- CERTIFICATE OF LIABILITY INSURANCE os,�„�o23
_ _ _ _ _ _ _
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONPERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE
DOES NOT AF'FIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF
INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINO INSURER(S), AUTHORI2ED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provislons or be endorsed. If
SUBROOATION IS WAIVED, subject to the terms and conditlons of the policy, certatn pollcies may requlre an entlorsemerH. A statemem on this
certificate does not confer rights to the certificate hoider in lieu af such endorsement(s).
PROOUCER nnME°T CLIENT CONTACT CENTER
FEDERATED MUTUALINSURANCE COMPANY PHONE Fax
HOME OFFICE: P.O.BOX 328 (A/C,No�¢xt):886-333-4949 �aic,no�:507-446-4664
OWATONNA,MN 55060 qoon�Ess:CLIENTCONTACTCENTER FEDINS.COM
INSUftERS AFFORDING COVERAGE NAIC#
iNsuxeaa:FEDERATED SERVICEINSURANCE COMPANY 28304
INSURED 404-835-1 INSURER B:
TOP GRADE EXCAVATING� INC. INSURERC;
PO BOX 356
FARLEY, IA 52046-0356 INSURER D:
INSURER E:
� INSURER F:
COVERAGES CERTIFICATE NUMBER:68 REVISION NUMBER:0
�I� THIS IB TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN5URED 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 DESCftIBED NEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF
SUCH POLIqES.LIMITS SHOWN MAY HAVE BEEN-REOUCED�BY PAID CLAIMS �� � � - �� - � � � �
� gR TVPE OF INSURANCE ADOL SUBR pOLICY NUMBER PO4CV E PO4CV EXP LIMITS
X COMMERCIALOENERALLIABILITY EACHOCCURRENCE $1�000�000
' ,.._.._.. _ _.....__ ..
CLAIMS�MADE �X OCCUR AMAGETO ENTEDPREMISES $�OO�OOO
occ e�
MEDEXP�Myonaparson) EXCLUDED
, A Y Y 1821682 12/23/2022 12/23/2023 pERSONAL&ADV INJURY „_,,,,,,,,,,,, �0�0�OQ
OEfV'L AOOREOATE LIMIT APPLIES PER: OENE AL ACGREGATE 2 OOO OOO
POLICV �ECT ���� PRODUC7S&COMP/OP ACO $2�OOD�O00
� OTHER:
i COMBIN E�SINGLE LIMIT
AU70MOBILE LIABILITV Ea accident $1�000�000
X ANVAUTO p BODILY INJURV�Per Parson)
A OWNEDAUTOSONLY qUTOSULED N Y 1821682 12/23/2022 12/23/2023 BODILVINJURY�PerAcdtlanQ
I HIREOAUTOSONLV NONAWNED - ROPERTYDAMAGE
� AUTOS ONLY
�� X LIMBRELLALIAB XOCCUR EACHOCCURRENCE $1D,OOO�OOO
', A exCessLlae ClAIMS-MA�E N Y 1821632 72123/2022 12/23l2023 AOOREGNTE $10,OOQ000
�ED RETENTIIXJ
i
WORKERSCOMPENSATION X PERSTATUTE DTHER
AND EMPLOYERS'LIABILITY y�ry
ANY PROPRIETORIPARTNERI EXECUTIbE E.L ENCH ACCIDENT �'I�OOO�OOO
A OFFICERIMEMBEREXCLUDEOT N/{\ Y 1821633 �2�23�2�22 12/23/2023
�� (MantlatoryinNH� E.LDISEASE�EAEMPLOVEE �������OQ�
It yes,tlescribe under
DESCRIPTION OFOPERATIONS below E.LDISEASE�POLICV LIMIT $1�000�000
DESCRIPTIONOFO S
�III PERATION /LOCATIONS/VEHICLES(ACORD 707,Atltllllonal Remarks Schadule,may ba al�ached ii more space is requlretl�
� SEE ATTACHED PAGE
I
� CERTIFICATE HOLDER CANCELLATION
404-835-1 68 � SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED
CITY OF DUBUQUE
50 W 13TH ST BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
DUBUQUE,IA 52001-4845 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE � ,. �/
_/
�y�.'.:$-t
O 1986-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016103) The ACORD nama antl logo are registered marks of ACORD
� � � AGENCY CUSTOMER ID: 404-835-1
,J��'E�R ' LOC#:
�"�^'^"� ADDITIONAL REMARKS SCHEDULE Page t ot t
ACENCV NAMEDINSURED .
FEDERATED MUTUAL INSURANCE COMPANY TOP GRADE EXCAVATING, INC.
PO BOX 356
POLICY NUMBER FARLEY, IA 52046-0356
SEE CERTIFICATE#68.0 i
CARRIER NAIC COOE eFFecnve onTe:SEE CERTIFICATE#68.0
3EE CERTIFICATE#68.0
ADDITIONAL REMARKS '
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSUkANCE �.
RE: OLD HIGHWAY ROAD WATER MAIN CONNECTION LOOP� 14167 OLD HWY RD� OUBUQUE, IA 52002 I
ADOITIONAL INSURED INCLUDES ORIGIN OESIGN C0� THE CITY OF DUBUQUE� INCLUDING ALL ITS ELECTEO AND APPOINTED
OFFICIALS� ALL ITS EMPLOYEES AND VOLUNTEERS� AL� ITS BOARUS� COMMISSIONS AND/OR AUTHORITIES AND THEIR BOARD
MEMBERS� EMPLOVEES AND VOLUNTEERS '
SUBJECT TO THE SPECIAL- GOVERNMENTAL IMMUNITIES ENOORSEMENT ON THE COMMERCTAL GENERAL LIABILITY COVERAGE PART� THE I
INSURANCE CARRIER EXPRESSLV AGREES ANO STATES THAT THE PURCHASE OF THIS POLICY AN� THE INCLUDING OF THE CITY OF
OOBUQUE AS AN ADDITIONAL INSUREO OtlES NOT WAIVE ANY OF THE DEFENSES OF GOVERNMEN7AL IMMUNITY AVATLABLE TO THE CITY
OF DUBUQUE UNDER CppE OF IOWA SECTI�J 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME.
THE CERTIFICATE HOLDER IS AN ADpSTIONAL INSURED ON GENERAL LIABILITY SUBJECT TD TNE CINJDITIONS OF THE ADDITIONAL �
INSURED - OWNERS� LESSEES� OR CONTRACTORS - SCHEDULED PERSON OR QR6ANIZATION ENOORSEMENT.
THB CERTIFICATE NOLOER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADOI7IONAL
INSUREO - OWNERS, LESSEES� OR CONTRACTORS - COMPLETED OPERAT2DNS ENDORSEMENT.
INSURANCE PROVIDED BV THE GENERAL LIABILITY COVERAGE IS PftIMARV AND NONCONTRIBUTORY OVER OTHER INSURANCE.
GENBRAL LIABILITY CONTAINS A WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) �
- AUTOMATIC ENOORSEMENT '
BUSINESS AUTO LIABIl2TV CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE
CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT.
WORKERS COMPENSATION CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER WHERE PERMITiED BY STATE
STATUTE.
GENERAL LIABILITY COVERAGE CONTAINS C6 25 tl3 DESIGNATED CONSTRUCTION GENERAL AGGREGATE LIM2T ENDORSEMENT APPLICABLE I
70 EACH CQNSTRUCTION PROJECT AS REQUIREtl BY WRITTEN CONTRACT OR WRTTTEN AGREEMENT. '�,
COMMERCTAL UMB@ELLA FOLLdWS FORM ACCORDTNG TO THE TERMS� CONDITTONS� AND ENOORSEMENTS FOUND IN THE COMMERCSAL ��
UMBRELLA POLTCY. '�..
FOR NON-PAYMENT QF PREMIUM� 10 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE NOLDER IN THE EVENT THAT THE ISSUING .
COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. .
FOR REASQNS pTHER THAN NON-PAYMENT OF PREMIUM� 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFSCATE HOLDER IN THE
EVENT THAT THE ISSUING COMPANY CANCEL5 THE pOI.ICY BEFORE THE EXPIRATION DATE OF THE POLICY. �
ACORD 101 (200Bf01) 8 2006 ACORD CORPORATION.All rights reserved.
The ACORD name antl logo are reglstered marks of ACORD
THIS ENDORSEMEM'CHANGES THE POLICY. PtFASE READ IT CAREFULLY.
�
� BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY �!�
� This endorsemeM modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
In the event of any payment for a loss under this Business Auto Coverage Part arising out of your ongoing
operations, we agree to waive our rights under the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO
US condition against any person or organization, its subsidiaries, directors, agents or employees, for which you
have agreed by written contract, prior to the occurrence of any loss, to waive such rights, except when the
payment results from the sole negligence of that person or organization, its subsidiaries, directors, agents or
employees.
(
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
CA-F-128 (03-03) Policy Number: 1821682 Transaction Effective Date:12/23/2022
COMMERCIAL GENERAL LIABILITY �
CG 20 01 12 19 �I
THIS ENDORSEMENT CNANGES THE POLICY. PLEASE READ IT CAREFULLY. '
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART i
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART �
The following is added to the Other Insurance (2) You have agreed in writing in a contract
Condition and supersedes any provision to the or agreement that this insurance would be I
contrary: primary and would not seek corrtribution
Primary And Nonconiributory Insurance from any nther insurance available to the
This insurance is primary to and will not seek additional insured.
contribution from any other insurance available to
an additional insured under your policy provided
that:
(7) The additional insured is a Named Insured �I
under such other insurance; and !
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O Insurance Services Office, Inc., 2018 Page 1 of 1
CG ZO 01 1219 Policy Number. 1821682 Transaction Effective Date: 12/23/2022
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POLICY NUMBER: 1821682 COMMERCIAL GENERAL LIABILITY I�
CG 2010 72 79 ',
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. '
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR �
ORGANIZATION '
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This endorsemerrt modifies insurance provided under the following: ,
COMMERCIAL GENERAL LIABILITY COVERAGE PART �
SCHEDULE ,
Name Of Addifional Insured Person{s) ',
Or O anization s : Lncation(s)Of Covered Operations {
City of Dubuque See IL-F-40-00013 ,
50 W 13th St ',
Dubuque, lA 52001-4845 I
Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. !
A. Section 11 - Who Is An Insured is amended to B. With respect to the insurance afforded to these �',
include as an additional insured the person(s) or additional insureds, the following additional
organization(s) shown in the Schedule, 6ut only exdusions apply:
with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or
"property damage" or "personal and advertising "property damage"occurring after:
injury"caused, in whole or in part, by: 1. All work, including materials, parts or
7. Your acts or omissions;or equipment furnished in connection with such
2. The acts or omissions of those acting on your `Nnrk, on the project (other than service,
behalf; maintenance or repairs)to be pertormed by or
in the perFormance of your ongoing operations for on behalf of the additional insured(s) at the
the additional insured(s) at the location(s) location of the covered operations has been
designated above.
completed; or
However: 2. That portion of "your work" out of which the
injury or damage arises has been put to its
7. The insurance afforded to such additional intended use by any person or organization
insured only applies to the extent permitted by other than another contractor or subcontractor
law; and engaged in pertorming operations for a
2. If coverage provided to the additional insured principal as a part nf the same project.
is required by a corrtract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
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O Insurance Services Office, Inc., 2018 Paqe 1 of 2
CG 2010 72 19 Policy Number: 1821682 Transaction Effective Date: 06/27/2023
C. With respect to the insurance afforded to these 2. Available under the applicable limits of
additional insureds, the following is added to insurance;
Section III -Limits Of Insurance; whichever is less. '
If covera e rovided to the additional insured is �
9 P This endorsement shall not increase the
required by a contract or agreemeM, the most we applicable limits of insurance.
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the coirtract or agreement; or �
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Insured: '
Top Grade Excavating, Inc. '
PO Box 356
Farley, lA 52046-0356
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Pa 2 of 2 O Insurance Services Office, Inc., 2018 I
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CG 20 1012 19 Polic Number: 1II21682 Transaction Effective Date: 06/27/2023
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IL-F-40�00013 Extension Endorsemeirt I
Anv coverage provided by this endorsement applies only to Old Highway Road �!,
Water Main Connection Loop , 14167 Old Hwy _Rd, Dubuque, IA 52002 . I
Additional insured includes Origin Design Co , The City of Dubuque, '
including all its elected and appointed officials, all its employees and
volunteers, all its boards , commissions and/or authorities and their board
members, employees and volunteers .
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I IL-F-46-00013 (06-10) Policy Number: 1821682 Transaction Effective Date: 06/27/2023
POLICY NUMBER: 1821682 COMMERCIAL GENERAL LIABILITY �
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLYo
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement mndifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PAF2T
SCHEDULE
I
Name Of Additional Insured Person(s) II
Or Organization(s) Location And Description Of Completed Operations
ity of Dubuque ee IL-F-40-00014
0 W 13th St j
ubuque, lA 52001-4845 '
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Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ,
A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these li
include as an additional insured the person(s) or additional insureds, the following is added to
organization(s) shown in the Schedule, but only Section III -Limits Of Insurance: ,
with respect to liability for "bodily injury" or If coverage provided to the additional insured is �I
"property damage" caused, in whole or in part, by �quired by a corrtract or agreement, the most we '
"your work" at the location designated and will pay on behalf nf the additio�al insured is the
described in the Schedule of this endorsement amourrt of insurance: '
performed for that additional insured and included 1. Required by the contract or agreement; or '
in the"productscompleted operations hazard". '
However: 2. Available under the applicable limits of
insurance;
1. The insurance afforded to such additional Whichever is less.
insured only applies to the extent permitted by
law; and This endorsement shall not increase the applicable .
2. If coverage provided to the additional insured is limits of insurance.
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to ,
provide for such additional insured. ,
Insured: '
Top Grade Excavating, Inc. I
PO Bpx 356 '
Farley, lA 52046-0356
O Insurance Services Office, Inc., 2018 Page 1 of 7 �
CG 20 37 72 79 Policy Number: 1821682 Transaction Effective Date: 06I27/2023
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i IL-F-00-00014 Extension Endorsement '
' Any coverage provided by this endorsement applies only to Old Highway Road
Water Main Connection Loop , 14167 Old Hwy Rd , Dubuque, IA 52002.
Additional insured includes Origin Design Co , The City of Dubuque,
including all its elected and appointed officials , all its employees and
' volunteers, all its boards, commissions and/or authorities and their board
� members, employees and volunteers .
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IL-F-44-00014(06-10) Policy Number: 1821682 Transaction Effective Date:06l27/2023
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COMMERCIAL GENERAL LIABILITY
CG 24 5312 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY j
AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - li
AUTOMATIC i
This endorsemerit modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART II
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES �
PRODUCTS/COMPLEfED OPERATIONS LIABILITY COVERAGE PART �
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
The following is added to Paragraph 8. Twansfer Of II
Rights Of Recovery Against Otliers To Us of Section IV
-Conditions
We waive any right of recovery against any person or
organization, because of any paymerrt we make under
this Coverage Part, to whom the insured has waived
its right of recovery in a written contract or
agreement. Such waiver by us applies only to the
eMent that the insured has waived its right of recovery
against such person or organization prior to loss.
O Insurance Services Office, Inc., 2018 Page 1 of 7
CG 24 53 1219 Policy Number. 1821682 Transaction Effective Date: 12/23/2022
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POLICY NUMBER:1821682 COMMERCIAL GENERAL LIABILITY II
CG 25 03 0.5 09 '
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I
DESIGNATED CONSTRUCTION PROJECT(S) I�
GENERAL AGGREGATE LIMIT !�
This endorsemerrt modifies insurance provided under the following: 'I
COMMERCIAL GENERAL LIABILITY COVERAGE PART '
SCHEDULE
Designated Construction Project(s):
Each construction project as required by written contract or written
agreemerrt.
Information re uired to com lete this Schedule if not shown above will be shown in the Declarations.
A. For all sums which the insured becomes Iegally 3. Any paymeMs made under Coverage A for
obligated to pay as damages caused by damages or under Coverage C for medical
"occurrences" under Section I - Coverage A, and expenses shall reduce the Designated
for all medical expenses caused 6y accidents Construction Project General Aggregate Limit
under Section I - Coverage C, which can be for that designated construction project. Such
attributed only to ongoing operations at a single payments shall not reduce the General
designated construction project shown in the Aggregate Limit shown in the Declarations nor
Schedule above: shall they reduce any other Designated
1. A separate Designated Construction Project Construction Project General Aggregate Limit
General Aggregate Limit applies to each for any other designated construction project
designated construction project, and that limit shown in the Schedule above.
is equal to the amount of the General 4. The limits shown in the Deciarations for Each
Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To
2. The Designated Construction Project Generai You and Medical Expense continue to apply.
Aggregate Limit is the most we will pay for the However, instead of being subject to the
sum of all damages under Coverage A, exce t General Aggregate Limit shown in the
P
� � Declarations such limits will be sub'ect to the
damages because of 'bodily injury' or 1
"property damage" included in the "products- applicable Designated Construction Project
completed operations hazard", and for medical General Aggregate Limit.
expenses under Coverage C regardless ofthe
number of:
a. insureds;
b. Claims made or"suits" brought; or
c. Persons or organizations making claims
or bringing "suits".
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CG 25 03 05 09 O Insurance Seroices Office, Inc., 2008 Page 1 of 2
B. For all sums which the insured becomes legally C. When coverage for liability arising out of the
obligated to pay as damages caused by "products-completed operations hazard" is
"occurrences" under Section I - Coverage A, and provided, any paymerits for damages because of
for all medical expenses caused by accidents "bodily injury" or "property damage" included in
under Section I - Coverage C, which cannot be the "products-completed operations hazard" will
attri6uted only to ongoing operations at a single reduce the Products-completed Operations i
designated construction project shown in the Aggregate Limit, and not reduce the General
Schedule above: Aggregate Limit nor the Designated Construction '
7. Any payments made under Coverage A for Project General Aggregate Limit.
damages or under Coverage C for medical D. If the applicable designated construction project
expenses shall reduce the amouM available has 6een abandoned, delayed, or abandoned and �
under the General Aggregate Limit or the then restarted, or if the authorized corrtracting ;
Products-completed Operations Aggregate parties deviate from plans, 6lueprirrts, designs,
Limit, whichever is applicable; and specifications or timetables, the project will still
2. Such payments shall not reduce any be deemed to be the same construction project.
Designated Construction Project General E. The provisions of Section III - Limits Of Insurance �
Aggregate Limit. not otherwise modified by this endorsement shall �
continue to apply as stipulated.
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Page 2 of 2 �O Insurance Services Office, Inc., 2008 CG 25 03 05 09 I
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Federated Servicelnsurance Company- II
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITED AMENDMENT OF CANCELLATION PROVISIONS j
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All Coverage Parts included in this policy are subject to the following conditions: I
If we cancel this policy,we will mail advance notice to the person(s)or organization(s) as shown in the Schedule. '�
SCHEDULE '
Name and Address of Person(s) Or Organization(s): 'I
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City Of Dubuque '
350 W 6th St Ste 312
Dubuque, lA 52001-4648 !
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Number of days advance notice for any reason otlier Uian non-payment of premium: 3 0
Number of days advanced notice for non-payment of premium: See Common Policy Conditions
Insured: Top Grade Excavating, Inc.
PO Box 356
Farley, lA 52046-0356
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Includes copyrighted material of Insurance Services Office, Inc., with its permission.
IL-F-50(04-13) Policy Number: 1821682 Transaction Effective Date: 04/17/2023
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY �
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsemerrt, effective on 12/23/2022 at 12:01 A.M. standard time, forms a part of
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Policy No. 1821633 I�
Issued to Top Grade Excavating, Inc. I
Issued by Federated Service Insurance Company I
Endorsemerit No. 1 �
.a�.�.,! G )(�,..,.
Authorized Representative
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We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not e�orce li
- our right against the person or organization named in the Schedule. (fhis agreement applies only to the extent that ;
you perForm work under a written corrtract that requires you to obtain this agreement from us.) �
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This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
This waiver applies to any person or organization for which the Named Insured has agreed
by written contract, prior to loss,to furnish this waiver.
If work is pertormed in Missouri,this waiver does not apply to any construction group
of classifications as designated by the Waiver of Our Right to Recover from Others rule
in our manual.
This waiver does not apply to the states of Kentucky, Louisiana, New Hampshire, New
Jersey, New York, North Carolina, or Wisconsin.
Copyright 1983 National Council on Compensation Insurance.
WC 00 03 73(04-$4) Issue Date: 12/05/2022
Rev06/2017 CONSENT DECREE
RELATING TO THE
CITY O� DUBUQUE, �OWA
WATER & RESOURCE RECOVERY CENTER
AND
SANITARY SEWER COLLECTlON SYSTEM
NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE ClTY
OF DUBUQUE RELATED T4 THE WATER & RESOURCE RECOVERY CENTER OR
THE SEWER COLLECTION SYSTEM UNLESS COPY OF TH1S �OCUMENT IS
RETURNED TO THE CITY OF DUBUQUE ENGINEERING DEPARTMENT
The City af Dubuque, lowa has entered into a Conser�t Decree in the case af The
United States of America, and the State of lowa v. The City of Dubuque, lowa, Civil
Acfion No. Case 2:1'f-cv-D1011-EMJ, Civil Action Number 2D08VQ0041, DOJ Case
Number 90-5-1-�-Q9339, United States District Court for the Northern District af lowa.
The provisions of the Consent Decree apply to and are binding upon the City and its
officers, directars, employees, agents, servants, succ�ssors, assigns, and a!I persons,
firms and corporafiions under contract with the City to perForm the obligations of the
Conse�t Decree.
The City is required to pro�ide a copy of the Consent D�cree �o any contractor or
consultan� retained to perform work required by the Consent Decree.
A copy of �he Consent Decree can be found at
htt :l/rrvww.cit ofdu�u ue.or IDocumentCenterlHomeNiewl3173. A paper copy is
avaifable u�on request from the City of Duf�uque Engine�ring Department.
The City must condition any contract to perform work required under the Cnns�nt
Decree upon performance of the work in conformity with the provisions o'f the Consent
Decree.
The Consent Decree also provides that un#il five years after the terminatian of th�
Consent Decree, the City shall retain, and shall instruct its cantractors and agents to
preserve, all non-identical copies of all documents, repor�s, data, records, or other
info�-mation (including docum�nts, records, or other jnformation in electronic form) ir� its
or its contractors' or agents' possession or control, or thaf come into its ar its
contractors' or a�ents' possession or control, and that relate in any manner to the City's
performance of its obligations under this Cor�sent Decree, including any underlying
research an� analytical data. This information-retentian requirement shall apply
regardless of any contrary City, corporate or instEtutional policies or procedures. At any
time during this informatior�-retention period, upan request by the United States or the
State, the City shall provide cppies of any documents, reports, analytical data, or other
information required to b� maintained under the Consent Decree. At the conclusion of
Page 'i of 2
the information-retention period, the City shall notify the United States and the State at
least ninety (90) Days prior to ti�e destrucfion of any documents, recards, nr other
informatian subjec� to such r�quir�ments and, upon request by the Uni#ed States or the
State, the City shall d�{iver any sUch documents, records, or other information to tne
EPA or IDNR.
CERTIFICATION BY CONTRACTOR OR CONSULTANT
The undersigned, on behalf of the Contractor or Consultant, with fuil authority to ac� on
behalf of the Contractor or Consultan�, certifies to the City of Dubu�ue as follows:
1. l have received a capy of the Co�ser�t Decree in the case of The United S�ates of
America, and the State ofi kowa v. The City of Dubuque, [awa, Civil Action No. Case
2:11-c�-01011-EMJ, Civil Action Number 2008V0004�, DOJ Case Number 90-5-�-1-
Q9339, United States District Cour� for the Northern District af lowa.
2. All work performed will E�e in conformity with the pravisions of the Cansent Decree.
3. All docum�nts, reports, data, recards, or other information (including documents,
records, or other informat�on in electronic farm) that relate in any manner to the
performance of obligations under the Consent Decree, including any underlying
research and analytical da#a, wil! be retained as required by the Cor�sent Decree.
The Contractor or Consultant agrees ta defend, indemnify, and hold harmless the City,
its officers, agents, or emp[oyees from and against any claims, including penalties,
costs and fees as pra�ided in the Consent Decr�e, relating to or arising out of the
Cantractor's or Consultant's failure ta comply with the Consent Decree.
Contract �or-�onsultant: T; p Grade Excavating, inc.
By:
Its: Vic� P sident
Dat�: (.� -Z� 'Z 3
Return signad co�rLto:
Deron M�erhing
Civil Engineer
City Hall - Engin�ering Department
50 W. 13th Street
Dubuque, lA 520�1
Page2of2
ER4SIQN CONTROL CERTIF�CAT�ON
sECTioN o0900
Dated: �f"- � - a�
City: City of Dubuque
Adc�ress: 59 W. 13t� Street
Dubuque, IA 52001
Project: Old Highway Road Water Main Connec�ion Loop
Contract No. 740-2349
Description: Installation of 12" wafer main and water main appurtenances along Old
Highway Road from Dubuque County Fairgro�nds east to approximately
2,240 feet west of the Highway 20 and Old Highway Road intersection.
Project alsa includes minor cul�ert �e�facement alang with �arious surFace
restoration including erosion control, seeding, HMA and PCC pavement
and granular surfac�ng.
I ce�tify under penalty of law that I und�rstand the terms and conditions of th� National
Pollu�ant Discharge Elimination System (NPDES) Permit that authorizes the storm water
discharges assaciated with in�ustrial ac�ivities from the construction site and as detailed
in the Contract Dacuments. F�rther, by my signature, I understand that ! am becoming a
co-permittee, along wi�h the owner(s) and other contractors and subcontractors signing
such cer�ifications, to the fowa Departmen� af Natural Resources NPDES Generaf Permit
No. 2 for "Storm Water Discharge Assoc�ated with Industriaf Activity fior Construc#ion
Activities" at the project site. As a co-permittee, l understand that f, and my campany,
are legally required under the Clean Water Act and the Cade of lowa, to ensure
compliance with the terms ar�d conditians of the s�orm water pollutian prevention plan
de�eloped under this NPDES permit and the terms of�his NPDES permit,
I agree ta indemnify and hold the City harmless from any claims, d�mands, suits,
causes of action, settlements, fines, or judgments and costs of litigafion, including, but
not limi#ed to, reasonable attorney's fees and costs of investigation and arjsing from a
candition, obliga�ion, or requirement assumed ar to be perfarmed by the Cantractar for
storm water pallution and erosion control.
Fines and other costs incurred against the City for the Contracfor's failure to provide the
requ�red erosion control practices will be paid by the Contractor.
Contractor: Top Grade Exca�atinq, Inc.
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By: '
(Au hori� Signature)
11tGE �ES � o�v r
(Title)