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Improvement Contract_Dubuque Barge and Fleeting Services for the 2025 Maintenance Dredging ProjectCity of Dubuque City Council ITEM TITLE: SUMMARY: SUGGUESTED DISPOSITION: ATTACHMENTS: Copyrighted September 2, 2025 CONSENT ITEMS # 11. Improvement Contracts / Performance, Payment, and Maintenance Bonds Dubuque Barge and Fleeting Service Company D/B/A Newt Marine Service for the 2025 Maintenance Dredging Project. Receive and File; Approve 1. 25_08_19 2025 Maintenance Dredging Project Contract Documents2 Page 111 of 629 SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 2025 MAINTENANCE DREDGING PROJECT THIS IMPROVEMENT CONTRACT (the Contract), dated for references purposes the 5'h day of August , 2025 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Dubuque Barge and Fleeting Service Company D/B/A Newt Marine Service (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 2025 MAINTENANCE DREDGING PROJECT (Project). 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. Project Title Page (Section 00100). 2. Project Directory Page (Section 00101). 3. This Public Improvement Contract (Section 00500). 4. Performance, Payment, and Maintenance Bond (Section 00600). 5. Out -of -State Contractor Bond (Section 00610). 6. Other Bonds: a. (Bond Name) (pages _ to _ , inclusive). b. (Bond Name) (pages _ to _ , inclusive). C. (Bond Name) (pages _ to _ , inclusive). 7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition. 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 —Sheet No._A.01 through No. W.03 (9 pages) or drawings consisting of sheets bearing the following general title: 2025 MAINTENANCE DREDGING PROJECT 12. Addenda (numbers _ to _ , 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). Page 112 of 629 SECTION 00500 Page 6 of 6 19. Other Project Information and Permits (Sections 01100 - 00000). 20. Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages to inclusive). 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 00470/00471) ii. iii. 21.The following which may be delivered or issued on or after the Effective Date of the Agreement: 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. 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. Three percent (3%) 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 by any party that may be filed for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa 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. 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. Page 113 of 629 SECTION 00500 Page 3 of 6 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, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of 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. The Contractor shall also be liable to the City for any damage to the City or to City property arising out of or related to the Contractor's negligent performance of this Contract. 10. The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or 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 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 will forfeit and pay not less than ten percent (10%) of the Contract price but 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, be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract, which provisions apply to said Bond. 12. The GentraGtGr agrees, and its Bond us surety therefore, that afteF the GertifiGate _Gf SubstaRtial GE)MpletiGR h-:;R- -hi-zp-.n ffiSsued by the City, it will keep and Maintain thte PrejeGt in good repair fnr a peried of two (2) dears 13. The Project must be constructed in strict accordance with the requirements of the laws of the State of Iowa, and the United States, and ordinances of the City of Dubuque, and in 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 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29 CFR, Part 5). B. Federal \A/age Determination fnr this Drnien4 Page 114 of 629 SECTION 00500 Page 6 of 6 .. P61bliG LaW 103 121, 984GRS -0- D. 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 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 discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. CONSENT DECREE RELATING TO THE PROJECT 14. ❑ THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. CITY CONTRACTOR X THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. The City has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree is included in the Contract Documents and can be viewed at http://www.cityofdubugue.org/DocumentCenter/HomeNiew/3173. A hard copy is available upon request at the City's Engineering Department Office. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, the City must retain, and must instruct its contractors and agents to preserve, all non -identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's Page 115 of 629 SECTION 00500 Page 4 of 6 performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information -retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information -retention period, the City must notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City must deliver any such documents, records, or other information to the EPA or IDNR. CERTIFICATION BY CONTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City of Dubuque as follows: 1. 1 have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:1 1-cv-0101 1-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- 5-1-1-09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. CONTRACTOR: Contractor By: N/A Signature Printed Name Title Date Page 116 of 629 SECTION 00500 Page 6 of 6 THE CITY AGREES: 15. Upon the completion of the Contract, and the acceptance of the Project by the City Council, and subject to the requirements of law, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total work completed at the price(s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. CONTRACT AMOUNT $238,385.50 Alternates Included in the Contract Amount: • Alternate 1 - Dock Spuds -Remove and Reset - $20,000.00 • Alternate 2 - Lift Well Dredging - $38.50 per Cubic yard CITY OF DUBUQUE, IOWA: City Manager's Office Department By: Zl 6kw SS:ill Signature Michael C. Van Milligen Printed Name City Manager Title 8/19/25 Date CONTRACTOR: t>JR va.,c' iZA-V66- $ FL66-rI A14 4.ERw [ C- CN a �tiLrF��Nf' SL'[2v«c Contractor By:_ zllzz-1.464L�214 Sign ure AkA¢[✓S Ei_ AvlzekY Printed Name �Etrz Title Date ==== END OF SECTION 00500 ==== Page 117 of 629 Bond Number: 100102577 SECTION 00600 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANGE B kD SECTION 00600 KNOW ALL BY THESE PRESENTS: That we, Dubuque Barge and Fleeting Service Company D/B/A Newt Marine Service as Principal (hereinafter the "Contractor" or "Principal") and Merchants Bonding Company (Mutual) as Surety are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of two hundred thirty- eight thousand, three hundred and eighty-five dollars and fifty cents ($238,385.50), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the 5th day of August, 2025, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The Contract Documents for 2025 Maintenance Dredging Project detail the following described improvements: The scope of the project is as follows: Perform dredging at Dubuque Marina. The dredge material (approx. 4,800 CY) will be mechanically removed, loaded onto a material barge, and transported to a contractor provided, and regulatory permitted disposal location. The dredge spoil material will be offloaded from the material barge to the approved disposal site. In lieu of the contractor providing a regulatory permitted disposal site, the contractor may use the Schmitt Island Dredge disposal site as detailed on plan sheet D.04. 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 Surety, to -wit: PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the project, and shall indemnify and save harmless the 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 failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: 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 performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor Page 118 of 629 SECTION 00600 Page 2 of 4 or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Owner is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The GeRtFaGtOF and the Surety eR this PGRGI hereby agree, at theiF GWR expense 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 Contractor in which to perform the Contract. B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent (20%) 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 full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: Page 119 of 629 SECTION 00600 Page 3 of 4 D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against 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 Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will 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 "outlay 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 Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Owner whole for all such outlay and expense, provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-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 Iowa. If legal action is required by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor 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, by law. The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the 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, or 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 Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted Page 120 of 629 SECTION 00600 Page 4 of 4 meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Project No. Witness our hands, in triplicate, this 8th SURETY CO, TE SIGN D B Signature of Agent Carol VanHoorebeck, Attorney -In -Fact Printed Name of Agent 220 Emerson PI., #200 Company Address Davenport,lA 52801 City, State, Zip Code 563-322-3521 Company Telephone Number PRINCIPAL: Dubuque Barge & Fleeting Service Company D/B/A Newt Marine Service Contractor Signs ure A&A-ac,5 6.. /L�yRPµY Printed Name NOTE: day of August , 2025. Title FORM APPROVED BY: R resentative for Owner SURETY: Merchants Bonding Company (Mutual) Surety Company By:�� Signature Attorney -in -Fact Officer Tate Featherstone, Attorney -In -Fact Printed Name of Attorney -in -Fact Officer Arthur J. Gallagher RMS, LLC. Company Name 220 Emerson PI., #200 Company Address Davenport, IA 52801 City, State, Zip Code 563-322-3521 Company Telephone Number All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. END OF SECTION 00600 ==== Page 121 of 629 MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY, an assumed name of Merchants National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Blake E Allison; Carol VanHoorebeck; Deborah M Taylor; Glen Hummel; Kevin P O'Hara; Tate Featherstone; Travis Cutler their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the By -Laws adopted by the Board of Directors of the Companies. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rd day of July , 2025 MERCHANTS BONDING COMPANY (MUTUAL) .gip%%GC6 *21ONq�•• •ONALI/y� •.• MERCHANTS NATIONAL BONDING, INC. y00(lPOR4gy,• y :pRpOgq eQ ; ��fORyF?y� MERCHANTS NATIONAL INDEMNITY COMPANY , < • .�. -o- o: :Zr= o; •� :3::a: •z7(1. 1933 2003 i.�� ••=�j: _X. .�L ••..........�^; %bd•........ ..:;��a�,' ••;dy .... 'j�'a•' By STATE OF IOWA COUNTY OF DALLAS ss. On this 23rd day of July 2025 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. IA4S Penni Miller , Z Commission Number 787952 • • My Commission Expires ,oWA January 20, 2027 CRNX,_-�� (Expiration of notary's commission Notary Public does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF - ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 8th day of August 2025 ••oap1NGC0yA•• ,.�PS10N01 ``pNALllypc�.•. V�:'BPOR 9 PD p ' %FOR^;`... 1933 2003 ;� %; 'O• Secretary POA 0018 (5/25) Page 122 of 629 State of Iowa ) ) SS County of Scott ) Tate Featherstone personally appeared before me this day and being duly sworn did depose and say that he is Attorney -In -Fact of the Surety; he knows the seal of said Corporation; and that he signed and affixed said seal to this instrument by authority granted to him in accordance with the by-laws of said Corporation. Dated: August 8, 2025 Notary Public - Deborah Christine Korthaus My Commission Expires: 04/25/2026 EDIIBORAHHRISTINE KORTHAUS rial Seal, Iowa ion Number 847653 Expires Page 123 of 629 SECTION 00610 Page 1 of 1 OUT-OF-STATE CONTRACTOR BOND SECTION 00610 An out-of-state Contractor must either file a surety Bond, as provided in Iowa Code section 91 C.7, with the Iowa Division of Labor Services in the amount of twenty-five thousand dollars ($25,000) for a one (1) year period or must provide a statement to the Iowa Division of Labor Services that the contractor is prequalified to Bid on projects for the Iowa Department of Transportation pursuant to Iowa Code Section 314.1 An out-of-state Contractor, before commencing a contract in excess of five thousand dollars ($5,000) in value of Iowa, must file a Bond with the Iowa Division of Labor Services of the Iowa Department of Workforce Development. A Surety Bond filed pursuant to Iowa Code section 91 C.2 must be executed by a surety company authorized to do business in this state, and the Bond must be continuous in nature until canceled by the Surety with not less than thirty (30) days; written notice to the contractor and to the Division of Labor Services of the Iowa Department of Workforce Development in dictating the surety's desire to cancel the Bond. The Surety company is liable under the Bond for any contract commenced after the cancellation of the Bond. The Bond must be in the sum of the greater of the following: (1) One thousand dollars ($1,000.00); or (2) Five percent (5%) of the contract price An out-of-state Contractor may file a blanket Bond in an amount at least equal to fifty thousand dollars ($50,000) for a two (2) year period in lieu of filing an individual Bond for each Contract. The Division of Labor Services of the Iowa Department of Workforce Development may increase the Bond amount after a hearing. More information about how to file an out-of-state contractor bond can be found at the Iowa Workforce Development website at https://www.iowacontractor.gov/contractor-registration ==== END OF SECTION 00610 ==== Page 124 of 629 [Page Intentionally Left Blank] Page 125 of 629 SECTION 00700 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, page 1 of 6 Subcontractors or Sub -Subcontractors C lass A - Class B: C;Ia�G C;• INSURANCE SCHEDULE F Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Chemical Spraying Landscaping Rough Carpentry Doors, Window & Masonry Stump Grinding Glazing Vehicular Snow Removal Tank Coating Drywall Systems Painting & Wall Covering Tree Removal Fertilizer Application Pest Control Tree Trimming Geotech Boring Scaffolding Tuckpointing Insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling Carpet Cleaning General Cleaning Power Washing Carpet & Resilient Grass Cutting Tile & Terrazzo Flooring Flooring Janitorial Window Washing Caulking & Sealants Non Vehicular Snow & Acoustical Ceiling Ice Removal Filter Cleaning Office Furnishings Page 1 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors December 2024 Page 126 of 629 SECTION 00700 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Page 2 of 6 Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # 5546000001-304-67990 Project name: 2025 Maintenance Dredging Project or Project Location at or construction of All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. Each Certificate required shall be furnished to the Engineering Department of the City of Dubuque. 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever an ISO form is referenced the current edition must be provided. 8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required minimum limit, then the contractor's limits shall be this agreement's required limits. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11 12 The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the contract, subject to written mutual agreement attached hereto. Page 2 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors December 2024 Page 127 of 629 SECTION 00700 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Page 3 of 6 Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees, agents, and volunteers. Use ISO form CG 20 10 (Ongoing operations). 6) The additional insured endorsement shall include completed operations under ISO form CG 20 37 during the project term and for a period of two years after the completion of the project. 7) Policy shall include Waiver of Right to Recover from Others endorsement. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 9) Contractor and subcontractor shall not use any drone without the prior written approval of the City of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect to aircraft liability coverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Page 3 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors December 2024 Page 128 of 629 SECTION 00700 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Page 4 of 6 Subcontractors or Sub Subcontractors Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. D) UMBRELLA/EXCESS LIABILITY The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non- contributory in favor of the City. All Class A contractors with contract values in excess of $10,000,000 must have umbrella/excess liability coverage of $10,000,000. All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have umbrella/excess liability coverage of $3,000,000. All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability coverage of $1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: DYes 0 No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, Page 4 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors December 2024 Page 129 of 629 SECTION 00700 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Page 5 of 6 Subcontractors or Sub Subcontractors asbestos, or PCBs. Pollution product and complete operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37 (completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability - Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: 0 Yes ❑✓ No Any contract for construction or demolition work on or within fifty feet (50') from the edge of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass, or crossing, for which an easement, license or indemnification of the railroad is required, shall require evidence of the following additional coverages. Railroad Protective Liability: each occurrence (per limits required by Railroad) $ policy aggregate (per limits required by Railroad) AND An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual Liability -Railroads). A copy of this endorsement shall be attached to the certificate of insurance. Page 5 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors December 2024 Page 130 of 629 SECTION 00700 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Page 6 of 6 Subcontractors or Sub Subcontractors Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 6 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors December 2024 Page 131 of 629 SECTION 00750 Page 1 of 3 SALES AND USE TAX EXEMPTION CERTIFICATE SECTION 00750 The City of Dubuque, as a designated exempt entity awarding construction contracts, will issue special exemption certificates to contractors and subcontractors, allowing them to purchase, or withdraw from inventory, materials for the Contract free from sales tax pursuant to Iowa Code Sections: 422.42 (15) & (16), and 422.47 (5). The special exemption certificate will also allow a manufacturer of building materials to consume materials in the performance of a construction contract without owing tax on the fabricated cost of those materials. 1. These tax exemption certificates and authorization letters are applicable only for the work under the contract. The Contractor and each subcontractor shall comply with said Iowa Code Sales Tax requirements, shall keep records identifying the materials and supplies purchased and verify that they were used on the contract, and shall pay tax on any materials purchased tax-free and not used on the contract. 2. Upon award of Contract the City will register the Contract, Contractor, and each subcontractor with the Iowa Department of Revenue and Finance; and distribute tax exemption certificates and authorization letters to the Contractor and each subcontractor. Page 132 of 629 SECTION 00750 Page 2 of 3 PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES FOR CONTRACTORS & SUBCONTRACTORS Submitting Department: Engineering Department Contact: Nathan Steffen Project CIP Number(s): 5546000001 Please complete this form in its entirety and submit along with the executed Contract, Bonds and Certificate of Insurance. Upon receipt, the City Finance Department will work with the Iowa Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to allow for the purchase or inventory withdrawal of materials for the specified Project free from State of Iowa Sales Tax. Sales tax exemption certificates are not provided to material suppliers. The Contractor and subcontractors can provide copies of the sales tax exemption certificates issued by the City to individual material suppliers. Project Name: 2025 MAINTENANCE DREDGING PROJECT Project Description: Perform dredging at Dubuque Marina. The dredge material (approx. 4,800 CY) will be mechanically removed, loaded onto a material barge, and transported to a contractor provided, and regulatory permitted disposal location. The dredge spoil material will be offloaded from the material barge to the approved disposal site. In lieu of the contractor providing a regulatory permitted disposal site, the contractor may use the Schmitt Island dredge disposal site as detailed on sheet D.04, Start Date (Bid Opening Date): July 24, 2025 Final Completion Date: November 10, 2025 1. General Prime Contractor: 'D(,6 tiw.t� ... Contact Name: ankac..s ��vNY Ncwt ✓�^ Complete Address: (Include PO Box and Street Information) S 4� NE j ST City, State, Zip Code A 5 zfl01 Telephone Number: Federal I.D. Number: (or Include Social Security Number) H 2 Oct; b 6 } Z Work Type to be Completed: AAF—cK&N,CFF� Z-->iZErp(�iN (� 2. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: Page 133 of 629 SECTION 00750 Page 3 of 3 3. 1 Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: 4. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: 5. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: 6. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: ==== END OF SECTION 00750 ==== Page 134 of 629 SECTION 00775 Page 2 of 3 SITE CONDITION INFORMATION SECTION 00775 775.1 SUBSURFACE CONDITIONS In the preparation of the Contract Documents, the Engineer relied upon the following report(s) and drawing(s) of explorations and tests of subsurface conditions at the Site: 1. Bathometric Survey Data, Performed March 28, 2025 775.2 PHYSICAL CONDITIONS In the preparation of the Contract Documents, the Engineer relied upon the following drawing(s) of physical conditions in or relating to existing surface and subsurface structures (except underground facilities) which are at or contiguous to the Site: 1. Drawings: 2. Sanborn Fire Insurance Map: NONE OF THE CONTENT OF SUCH DRAWINGS INCLUDE TECHNICAL DATA ON WHICH THE CONTRACTOR MAY RELY. 775.3 HAZARDOUS ENVIRONMENTAL CONDITIONS In the preparation of the Contract Documents, the Engineer relied upon the following reports(s) known to the owner of hazardous environmental conditions at the Site: 1. Phase I Environmental Site Assessment Study: A. Prepared by: Title: Date: Pages: Download: 2. Phase II Environmental Site Assessment Study: A. Prepared by: Title: Date: Pages: Download: Page 135 of 629 Page 136 of 629 SECTION 00775 Page 3 of 3 3. Soil and Groundwater Management Plan: A. Prepared by: Title: Date: Pages: Download: The technical data in the above report(s), upon which the Contractor may rely, consists of test results all as of the date made. Contractor must not remove, disturb, or remediate any Hazardous Environmental Conditions encountered, uncovered or revealed at the Project Area, unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of work. ___= END OF SECTION 00775 =___ Page 137 of 629 Page 138 of 629 SECTION 00800 Page 1 of 2 CONSTRUCTION SCHEDULE AND AGREED COSTS OF DELAY SECTION 00800 800.1 SCHEDULE: CALENDAR DAY SCHEDULE: Work required by the Contract Documents shall commence within ten (10) calendar days after Notice to Proceed has been issued and shall be Finally Complete by November 10, 2025. MILESTONE DATES: In addition to the required Final Completion Dates, there are milestones by which certain items of work must be completed. See General Requirements for milestone requirements. Milestone 1 Milestone 2 In general, the following contract completion Milestone shall be followed. a. Milestone 1 Completion: b. Milestone 2 Completion: 800.2 AGREED COSTS OF DELAY: Time is of the essence of the Contract. As delay in the diligent prosecution of the work may inconvenience the public, obstruct traffic, interfere with business, and/or increase costs to the City such as engineering, administration, and inspection, it is important that the work be prosecuted vigorously to final completion. An extension of the contract period may be granted by the City for any of the following reasons: 1. Additional work resulting from a modification of the Contract Documents by approved change order. 2. Delays caused by the City. 3. Other reasons beyond the control of the Contractor, which in the City's opinion, would justify such. Should the Contractor, or in case of default the Surety, fail to complete the work within the specified Milestone(s), Substantial and Final Completion Dates, a deduction at the daily rate for agreed costs of delay will be made for each and every calendar day or Page 139 of 629 SECTION 00800 Page 2 of 2 working day, whichever is specified, such that the work remains uncompleted. The Contractor or the Contractor's Surety shall be responsible for all costs incidental to the completion of the work, and shall be required to pay the City the following daily costs: B. For each calendar day that any work remains uncompleted beyond the Final Completion date the contractor will be assessed and shall pay, $1,000.00 per calendar, not as a penalty but as predetermined and Agreed Cost of Delay until Final Completion requirements are met. ..AAA A.. Permitting the Contractor to continue and finish the Work, or any part of it, after the expiration of the Substantial and Final Completion dates or Milestone Dates or extension thereof shall in no way operate as a waiver on the part of the City of any of its rights or remedies under the contract, including its right to Agreed Cost of Delay pursuant to this provision. Furthermore, the assessment of Agreed Cost of Delay shall not constitute a waiver of the City's right to collect any additional damages which the City may sustain by failure of the Contractor to carry out the terms of the Contract. The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as the true and actual damages due the City for loss to the City and to the public due to obstruction of traffic, interference with business, and/or increased costs to the City such as engineering, administration, construction, and inspection after the expiration of the contract times, or extension thereof. Such Agreed Cost of Delay will be separately invoiced to the Contractor, and final payment will be withheld from the Contractor until payment has been made of this invoice for the agreed cost of delay. The Contractor and its surety shall be liable for any agreed cost of delay in excess of the amount due the Contractor. ___= END OF SECTION 00800 =___ Page 140 of 629 SPECIAL PROVISIONS SECTION 01100 Mechanical Dredging SECTION 01100 Page 1 of 5 Page 141 of 629 SECTION 01100 Page 1 of 5 SECTION 01100 - DREDGING SPECIFICATIONS 1100.1 GENERAL -WORK COVERED The contract unit price per cubic yard for mechanical dredging shall include the cost of removal, transportation, and disposal of all material as specified herein, to the design cut line(s) and elevation as indicated in the plans. 1100.2 PERMITS Work under this project is covered by the City of Dubuque - US Army Corps of Engineers issued Regional General Permit No. CEMVR-RD-2023-0274. 1100.3 EQUIPMENT The "Equipment" is hereby defined as all marine plant and land -based equipment necessary to complete the work, which may include mechanical dredge floating plant, tug boat, material barge(s), and support equipment. All equipment and transport systems shall be operated in such manner as to prevent spills, leaks, waste, or other loss of dredged material between point of pick-up and deposition within disposal area. Hauling material barge(s) shall have sufficient sidewall height and integrity to prevent drainage over or through the sides during hauling. No hydraulic or pipeline type dredge operation shall be used, or work be approved for dredging and deposition of dredged material for this project. 1100.4 MATERIAL TO BE REMOVED The material to be removed within the dredge cut limits is that composed of sedimentation and siltation deposited over time and is comprised primarily of varying proportions of sand, silt, clay, and organic matter. Original material could be encountered at various locations throughout the dredge cut limits. Mechanical dredging regardless of material encountered, shall be performed within the design cut line(s) and elevation as indicated in the plans, unless otherwise approved by the City. Bidders are expected to examine the sites of the dredging work to ascertain the character of the materials. 1100.5 ARTIFICIAL OBSTRUCTIONS The City has no knowledge of cables, pipes, or other artificial obstructions or of any wrecks, wreckage, or other material that would necessitate the use of employment of additional equipment for economical removal. If actual conditions differ from those stated or indicated, or both, a change order contract unit price or time for completion, or both, will be made in accordance with Section 1100.10, DISPOSAL OF UNSUITABLE MATERIAL. 1100.6 QUANTITY OF MATERIAL The total estimated amount of material removed from within the specified dredge limits, including side slopes, are as stated in the dredging, while allowed, is not included in required to be kept to minimum. estimated contract plan quantity. Overdepth the estimated contract plan quantity, and is Page 142 of 629 1100.7 ALLOWANCES AND TOLERANCES A. OVERDEPTH SECTION 01100 Page 2 of 5 To cover inaccuracies of the dredging process material removed from within the dredge cut section to a depth of not more than 0.5 feet below the design cut line(s) and elevation as indicated in the plans, however, the maximum quantity of overdepth material to be paid for will be limited to 50% of the total dredge limits area within the 0.5 feet overdepth prism immediately below the design cut line(s) and elevation as indicated in the plans to be dredged will be measured and paid for at the contract price. Any dredging below the allowed 0.5 feet will be considered as excessive dredging and for which payment will not be made. Any existing channel crossing or embankment that is damaged, due to over dredging, shall be repaired by the Contractor and at his own expense. B. SIDE SLOPES To account for sloughing which occurs subsequent to dredging along the sides of the dredge cuts, the Contractor shall excavate side slopes, as closely as practicable, to the design cut line(s) and elevation as indicated in the plans. The amount of material excavated from side slopes will be determined by bathometric survey cross - sections. 1100.8 DISPOSAL AREA For this project, contractor is required to furnish and provide a site for the disposal of dredged material. The contractor furnished disposal area must have sufficient capacity to contain all materials to be dredged under this contract. The disposal site must be a regulatory agency approved and permitted dredge material disposal site. Contractor will be required to provide a copy of said regulatory agency permit. In lieu of the contractor providing a regulatory permitted disposal site, the contractor may use the Schmitt Island dredge disposal site as detailed on sheet D.04. 1100.9 DISPOSAL OF DREDGED MATERIALS The dredged materials shall be transported and deposited at the contactor furnished and permitted dredge material disposal site. Prior to bringing equipment to the project site, the contractor shall submit to the Engineer plans for the proposed disposal operations. Methods to be used by the contractor for transferring the dredge material from the material barge to the disposal area shall be subject to approval by the Engineer. Dredged material shall be conveyed into the disposal area by any approved method. The method of conveying shall be such as to prevent the loss of any water or material into the area outside the disposal site. Before scows are removed from the disposal area(s), the scow decks shall be cleaned of dredged material. Conveyance of dredge material from the material barge to the disposal area by hydraulic or pipeline pumping is prohibited. 1100.10 DISPOSAL OF UNSUITABLE MATERIAL Disposal of unsuitable material encountered during disposed of as directed by the Engineer. Disposal of encountered shall be disposed of in compliance requirements. dredging operations shall be unsuitable solid waste material ith federal, state, and local Page 143 of 629 SECTION 01100 Page 3 of 5 Disposal of clearing and grubbing material, brush, trees, driftwood, snags, wood debris and growth encountered during the dredging activities shall be disposed of offsite unless directed otherwise by the Engineer. Burning will not be permitted at the project site. Disposal of broken pavement, aggregate materials such as ledge rock, large boulders, and rock fragments may be disposed of onsite as directed by the Engineer. Nothing in this section shall be construed as prohibiting the removal of excepted material by special means at prices agreed upon and approved in accordance with applicable provisions of the contract. 1100.11 QUALITY CONTROL Establish and maintain quality control to ensure accordance with Contract requirements and maintain quality control records for construction operations including, but not limited to, limits and tolerances, disposition of materials. Submit the records of inspections and tests, as well as the records of corrective action taken. 1100.12 REPORTING REQUIRED The contractor shall prepare and maintain a daily record of his operations and a quality control report, furnishing copies thereof to the Engineer in accordance with the specifications. Reports shall always include the character and types of materials removed, with the locations, whenever there is a significant change in the material. A minimum of one (1) report containing required information shall be made daily. Further instructions on the preparation of the report will be furnished during the preconstruction meeting. 1100.13 ENVIRONMENTAL PROTECTION REQUIREMENTS Provide and maintain environmental protective measures for the life of the Contract. Also, provide environmental protective measures required to correct conditions, such as oil spills or debris, that occur during the dredging operations. Comply with Federal, State, and local regulations pertaining to water, air, and noise pollution. 1100.14 INTERFERENCE WITH NAVIGATION Minimize interference with commercial and recreational navigation when excavating, transporting, and placing material. 1100.15 NAVIGATION LIGHTS Each night, between sunset and sunrise and during periods of restricted visibility, provide lights for floating plants and support equipment. Lighting must be in accordance with United States Coast Guard requirements for visibility and color and USACE EM 385-1-1. 1100.16 COMMUNICATION A. PLANT COMMUNICATION The marine plant shall be equipped with radios or cell phones to provide communication between the dredge operator, tender, other vessels, and crew at the project site. Page 144 of 629 SECTION 01100 Page 4 of 5 B. MARINE TRAFFIC COMMUNICATION The marine plant shall be equipped with radios to provide for communications between the plant and other commercial or recreational vessels. The Contractor shall monitor marine radio channels and provide to passing vessels timely information on delays and other situations created by the work and recommended passing instructions. 1100.17 MEASUREMENT AND PAYMENT A. PRE -DREDGE AND POST -DREDGE BATHOMETRIC SURVEY The City will be responsible for contracting with an independent party to complete both pre and post bathometric surveys. The pre -dredge bathometric survey will be completed prior to bid letting and data will be used to prepare estimated plan quantities. Only one (1) pre and post bathometric surveys will be performed for the project by the City. The City will complete the post -dredge bathometric survey as soon as practicable after the work specified has been completed. B. BASIS OF MEASUREMENT The total amount of material removed and paid under the contract, will be measured for payment by pre and post bathometric surveys taken at the dredge project area. The City performed bathometric surveys will be used to establish dredge volume quantities for payment. The volumetric difference between the pre and post dredging bathometric survey quantities will serve as the basis of total volume dredged and measured for payment. The City will compute the pre -dredge volume of material above the project depth cut elevation separately from the allowable over depth volume from the post -dredge bathometric survey. The City will be responsible for contracting with an independent party to complete both pre and post bathometric surveys. The City will complete the post -dredge bathometric survey as soon as practicable after the work specified has been completed. C. EXCESSIVE DREDGING Material taken from beyond the dredging limits specified will be deducted from the total volume of material dredged as excessive dredging for which payment will not be made. The final determination of the volume of material as excessive dredging will be based wholly on the bathometric surveys made for final measurement acceptance. D. PROGRESS PAYMENTS Payment for all acceptably completed work required under this section of the specifications will be made at the contract unit price per cubic yard for the payment item "Excavation - Mechanical Dredging". Partial progress payments to the contractor will be based on estimated quantities provided by the contractor and agreed upon by the Engineer. Progress payment quantities shall not exceed the Contract plan quantity. Page 145 of 629 ___= END OF SECTION 01100 =___ SECTION 01100 Page 5 of 5 Page 146 of 629 ,A �® /'M CERTIFICATE OF MARINE /ENERGY INSURANCE DATE /YYYY) 8/1111/202025 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or 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 Arthur J. Gallagher Risk Management Services, LLC 220 Emerson Place Suite 200 Davenport IA 52801 U01ACT Amy Boll 563-322-3521 1AX 563-322-1046 JAIC, No, Ext :(A/C, No): ADDRESS: amy_boll@ajg.com CUSTOMERID#: INSURER($) AFFORDING COVERAGE NAIC # INSURED Dubuque Barge & Fleeting Service Company dba Newt Marine Service 5 Jones St. Dubuque IA 52001 INSURER A: XL Specialty Insurance Company 37885 INSURERB: Granite State Insurance Company 23809 INSURERC: West Bend Insurance Company 15350 INSURERD: Great American Insurance Company 16691 INSURERE, Starr Indemnity & Liability Company 38318 INSURER F : COVERAGES CERTIFICATE NUMBER:1504386813 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 IEX LTR TYPE OF INSURANCE AINSD SWVO POLICY NUMBER (MADIE yyCLLAIIMS. (A Do LIMITS D HULLAND MACHINERY COLLISION LIABILITY TOWERS LIABILITY OMH 2545251 3/9/2025 3/1/2026 X PER SCHEDULE ON FILE INSUREDVALUE $ COLLISION (Ea occurrence) $ TOWERS (Ea occurrence) $ D PROTECTION X X X X X AND INDEMNITY CREW LIABILITY ❑ JONESACT COLLISION LIABILITY TOWERS LIABILITY REMOVAL OF WRECK IN REM OMH 2545251 3/1/2025 3/112026 1 PER CLUB X RRRULES PE OVESSEL CSL $1,000,000 COLLISION (Ee occ), CSL $1,000,000 TOWERS (Ea ooc), CSL $1,000,000 g aMOV..nQGrRECK t� $1,000,000 $ $ I=_ POLLUTION LIABILITY OPA 90 CERCLA NON-OPA J NON-CERCLA V-14531-25 3/1/2025 311/2026 EA OCCURRENCE $1,250,000 Per Vessel Sch Only $ $ $ $ B MARITIME EMPLOYERS LIABILITY ALTERNATE EMPLOYER INCLUDES CREW EMPS X JONES ACT DEATH ON THE HIGH SEAS IN REM ENDORSEMENT NIA WC 038412268 2/1/2025 2JI12026 ANYONE PERSON $1,000,000 ANY ONE ACCIDENT $1,000,000 $ $ $ $ D Contractors Equipment Ind Leaesd/Rented OMH 2545251 3/112025 3/112026 Per Item $ 250,000 Per Ooo $ 400,000 City of Dubuque Attn: Engineering Dept 50 W 13rth St Dubuque IA 52001 USA CANCELLATION SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED Page 1 of 2 @ 2012-2015 ACORD CORPORATION. All rights reserved. ACORD 31 (2016103) The ACORD name and logo are registered marks of ACORD Page 147 of 629 IKOITA :4:71TO;&4 CERTIFICATE NUMBER: 1504388813 TR TYPE OF INSURANCE IND2D sWVD POLICY NUMBER ( tl I ( M D ) LIMITS D COMMERCIAL GENERAL LIABILITY MARINE GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR AGGREGATE LIMIT APPLIES PER POLICY ©jLV ❑ LOC OTHER: OMH2645261 311/2025 3/1/2026 EACH OCCURRENCE $1,000,000 X D AGE�O RENT P MED ISE (En occurrence) $ 50,000 MED EXP (Anyone person) $ 1,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L PRODUCTS -COMP I OP AGG $ 1,000,000 Wharfinger Liability $ 1,000,000 $ C AUTOMOBILE LIABILITY X ANY AUTO SCHEDULED AUTOS OWNED X NON -OWNED AUTOS ONLY AUTOS ONLY HIRED X AUTOS ONLY A710487-04 12/31/2024 12/31/2026 a eccdent $1.000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY AMAGE (Per accldent4 $ B WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANYPROPRIETORfPARTNEWEXECUTIVE Y❑ OFFICERIMEMBEREXCLUDED7 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below X ALTERNATE EMPLOYER X USL&H ENDORSEMENT X MARITIME EMPLOYERS LIABILITY OCSL ACT NIA WC 038412268 211/2025 2111202E ® STATUTE ❑ RAH E.L. (Each accident) $ 1,000,D00 E.L. DISEASE (Ea employee) $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 $ $ $ $ COhtPENSATIONACT ft6 RK R ALTERNATE EMPLOYER MARITIME EMPLOYERS LIABILITY OCSL ACT N/A ❑ S A UTIE ❑ FAR E.L. (Each accident) $ E.L, DISEASE (Ea employee) $ E.L. DISEASE - ANN AGO $ $ AIRCRAFT LIABILITY OWNED AIRCRAFT NON -OWNED AIRCRAFT PASSENGER LIABILITY EACH OCCURRENCE $ AGGREGATE $ $ $ $ A UMBRELLA EXCESS LIAB I BUMBERSHOOT UMBRELLA BUMBERSHOOT EXCESS CLAIMS MADE OCCUR DED RETENTION$ UM00055290MA26A 311/2025 311/2026 EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000.000 $ $ $ ENERGY CONTROL OF WELL I OPERATORS EXTRA EXPENSE CARE, CUSTODY AND CONTROL (CCC) OFFSHORE OIL AND GAS PROPERTY PLATFORMS PIPELINES ONSHORE OIL AND GAS PROPERTY OIL &GAS PROPERTY CONTRACTORS EQUIPMENT J NAMED WINDSTORM N CCC SHORE ARE CSL, ANY ONE OCCURRENCE (100% Interest) $ (I'�f��,9�iOBSCURRENCE ttl) $ VALUES AS SCHEDULED $ VALUES AS SCHEDULED $ $ $ VALUES AS SCHEDULED $ VALUES AS SCHEDULED $ $ AGGREGATE $ VESSEL(3): I I AS PER ATTACHED SCHEDULE AS DETAILED IN THE DESCRIPTION OF OPERATIONS DESCRIPTION OF OPERATIONS 1 LOCATIONS (ACORD 101, Additional Remarks Schedule, may be attached, If more space Is required) Project: 2025 Maintenance Dredging Project The City of Dubuque, including all its elected and appointed officials, employees and volunteers, it's boards, commissions and authorities and their board members, employees and volunteers are included as additional insured on a primary and non-contributory basis applying to General Liability, Auto Liability with Umbrella following form. Waiver of subrogation in favor of additional insureds pertaining to General Liability, Auto Liability and Workers Compensation with Umbrella following form applies. (30) days written notice of cancellation is afforded certificate holder. ACORD 31 (2016103) Page 2 of 2 Page 148 of 629 POLICY NUMBER: A710487-04 COMMERCIAL AUTO CA2048Z1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Dubuque Barge & Fleeting Endorsement Effective Date: 12/31/2024 SCHEDULE Name of Person(s) or Organization(s): Any party for whom the insured is required to provide designated insured status. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Each person or organization shown in the Sched- ule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Cover- age in the Business Auto and Motor Carrier Cov- erage Forms and Paragraph D.2. of Section I Covered Autos Coverages of the Auto Dealers Coverage Form. B. The following is added to the Other Insurance Condition in the Business Auto and Auto Dealers Coverage Forms and the Other Insurance - Pri- mary And Excess Insurance Provisions in the Mo- tor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribu- tion from any other insurance available to an "in- sured" shown in the schedule provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be prima- ry and would not seek contribution from any other insurance available to such "insured". West Bend Mutual Insurance Company West Bend, Wisconsin 53095 Contains material copyrighted by ISO, with its permission. CA 20 48 Z 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Page 149 of 629 POLICY NUMBER: A710487-04 COMMERCIAL AUTO CA 04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Dubuque Barge & Fleeting Endorsement Effective Date: 12/31/2o24 SCHEDULE Any party with whom the insured agrees to waive subrogation in a written contract. I Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations The Transfer Of Rights Of Recovery Against Others To Us- condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. OI CA04 441013 0 Insurance Services .Offiee,Jr.ic.i.20.11 i Pagel of1 Page 150 of 629 GAI 2392 (Ed. 0616) MARINE COMMERCIAL LIABILITY BLANKET WAIVER OF SUBROGATION ENDORSEMENT We agree to waive any rights of subrogation to which we may be entitled, if prior to an 'occurrence," the Named Insured has agreed to such waiver in writing, but only to the extent required by written contract or written agreement. All other terms and conditions of this policy remain unchanged. GAI 2392 (Ed. 06/16) (Page 1 of 1) Page 151 of 629 GAI 2391 (Ed. 06 16) MARINE COMMERCIAL LIABILITY BLANKET ADDITIONAL INSURED ENDORSEMENT We agree that this policy shall include as Additional Insureds any person or organization to whom the Named Insured has agreed by written contract or written agreement to provide coverage, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to an "occurrence": 1. Otherwise covered by this policy; and 2. That occurred subsequent to the making of such written contract or written agreement. All other terms and conditions of this policy remain unchanged. GAI 2391 (Ed. 06/16) (Page 1 of 1) Page 152 of 629 GAI 2596 (Ed. 06 16) MARINE COMMERCIAL LIABILITY PRIMARY AND NONCONTRIBUTORY INSURANCE In consideration of the additional premium of $ . The following is added to this policy of insurance paragraph 4. Other Insurance of SECTION VII - MARINE COMMERCIAL. LIABILITY COVERAGE - GENERAL CONDITIONS and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other primary insurance available to an additional insured under your policy provided that: (1) the Additional Insured is a Named Insured under such other insurance; and (2) you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. (3) the written contract requiring this primary and noncontributory status is executed prior to a loss or "occurrence". It is also agreed that Primary and Noncontributory coverage extension applies only to the following organization(s): All other terms and conditions of this policy remain unchanged. GAI 2596 (Ed. 06/16) (Page 1 of 1) Page 153 of 629 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. This endorsement, effective 12:01 AM 2/1/2025 Issued to DUBUQUE BARGE 8 FLEET I NG COMPANY By GRANITE STATE INSURANCE COMPANY forms a part of Policy No.WC 038412268 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named -in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE ENTERED INTO A CONTRACT, A CONDITION OF WHICH REQUIRES YOU TO OBTAIN THIS WAIVER FROM US. THIS ENDORSEMENT DOES NOT APPLY TO BENEFITS OR DAMAGES PAID OR CLAIMED: 1. PURSUANT TO THE WORKERS' COMPENSATION OR EMPLOYERS' LIABILITY LAWS OF KENTUCKY, NEW HAMPSHIRE, OR NEW JERSEY; OR, 2. BECAUSE OF INJURY OCCURRING BEFORE YOU ENTERED INTO SUCH A CONTRACT. This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah. ww17r+ WC 00 0313 Countersigned by ■e. --- _ (Ed. 04/84) T' Authorized Representative Page 154 of 629