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Improvement Contract/Bond_Portzen Construction, Inc., for the SRF Green Alley Project Bid Set 3 Year 2
PUBLIC IMPROVEMENT CONTRACT SECTION 00500 SRF GREEN ALLEY PROJECT BID SET 3 - YEAR 2 THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 11th day of March, 2015 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Portzen Construction, Inc. (Contractor). For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: �R 1. To furnish all material and equipment and to perform all labor necessary for the SRF Green I Alley Proiect Bid Set 3 —Year 2 (Project). IJP 2. CONTRACT DOCUMENTS 9 A. The Contract Documents consist of the following: u, 1. This Contract (Section 00500). 2. Performance, Payment, and Maintenance Bond (Section 00600). 3. Out-of-State Contractor Bond (Section 00610) if needed 4. Other Bonds: a. (Bond Name) (pages _to _ , inclusive). b. (Bond Name) (pages _to _ , inclusive). c. (Bond Name) (pages _to _ , inclusive). 5. The Iowa Statewide Urban Design and Specifications (SURAS) 2015 Edition. 6. CITY OF DUBUQUE Supplemental Specifications 2014 Edition. 7. Other Standard and Supplementary Specifications as listed on the Title Page of Contract Document Manual i 8. Special Provisions included in the project Contract Document Manual 9. Drawings —Sheet No. A.01 through No.W7.15 or drawings consisting of sheets bearing the following general title: 10. Addenda (numbers 1 to 1 , inclusive). 11. Insurance Provisions and Requirements (Section 00700) 12. Sales Tax Exemption Certificate (Section 00750) 13. Site Condition Information (Section 00775) 14. Construction Schedule and Agreed Cost of Delay (Section 00800) 16. Erosion Control Certificate (Section 00900) 17. Consent Decree (Section 01000) 18. Other Project Information (Section 01100) 19. Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages 1 to 2, inclusive). b. The following documentation must be submitted by Contractor prior to Notice of Award. i. ii. iii. c. None. 19. The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. Change Orders (Not attached to this agreement). l 20.There are no Contract Documents. 21.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. 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 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. i 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, City shall defend, indemnify and hold harmless Contractor, 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 Agreement, 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 City, or anyone directly or indirectly employed by City or anyone for whose acts City may be liable, regardless of whether or not such claim, damage, loss or expense h 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 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 Contractor agrees, and its Bond is surety therefore, that after the Certificate of 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 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. The City and the Contractor agree to comply with all provisions of the Davis-Bacon Federal Prevailing Wage Act, if applicable, and related labor requirements and regulations and the Federal Wage Determination for this Project. C. Equipment or products authorized to be purchased with federal funding awarded for this Contract must be American-made to the maximum extent feasible, in accordance with Public Law 103-121, Sections 606(a) and (b). i i i II CONSENT DECREE RELATING TO THE PROJECT 14. [j]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 APPLIC� LE. w` -CITY�Vf CONTRACTOR FIT IS 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 i 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 j Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the F Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City I! and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms j 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.cityofdubuque.org/DocumentCenter/Home/View/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 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. 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 $ 1,475,768.50 CITY OF DUBUQUE, IOWA: City Manager's Office Department By: Signature Michael C. Van Milligen Printed Name City Manager Title 716 Date CONTRACTOR: Portzen Construction, Inc. Contractor �� By: Signature Michael J. Portzen Printed Name Vice President Title March 13, 2015 Date =====END OF SECTION 00500===== L 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 2:11-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. 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, N 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. ISI 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 11 fees as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. is CONTRACTOR: ? Portzen Construction, Inc. Contract r By. Signature Michael J. Portzen Printed Name Vice President Title March 13, 2015 Date PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: That we, Portzen Construction, Inc., as Principal (hereinafter the "Contractor" or "Principal") and United Fire & Casualty Company � as Surety are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons i who may be injured by any breach of any of the conditions of this Bond in the penal sum of One million four hundred seventy-five thousand seven hundred sixty-eight dollars and fifth ($1,475,768.50), 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 11 t" day of March, 2015, (hereinafter the "Contract") I wherein said Contractor undertakes and agrees to construct the following project in accordance with j 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 SRF GREEN ALLEY PROJECT— BID SET 3 — YEAR 2 Project detail the following described improvements: D SRF GREEN ALLEY PROJECT BID SET 3 —YEAR 2 i! 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: h, 1. 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 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 i reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract Documents within the period of two (2) year(s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; i B. To keep all work in continuous good repair; and C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any I defects are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. i Contractor's and Surety's Contract herein made extends to defects in workmanship or p materials not discovered or known to the Owner at the time such work was accepted. r 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; j i 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: 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 i 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 4 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 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. SRF Green Alley Project— Bid Set 3 —Year 2, CIP 7102450 Witness our hands, in triplicate, this 11th day of March 2015. SURETY COUNTER-SIGNED BY: FORM APPROBY: Signature of Agen -- 1 Terrance J Friedman Representative f Owner Printed Name of Agent SURETY: 11 880 Locust Street - Ste 200 United Fire & Casualty Company j Company Address Suretyom an Dubuque, Iowa 52001 City, State,Zip Code E3y, ---�•__� Sig ture Attorney-in-Fact.Officer (563) 556-0272 Scott A DeSousa Company Telephone Number --- Printed Name of Attorney-in-Fact Officer PRINCIPAL.: Friedman Insurance Inc Portzen Construction Inc Company Name Contractor 880 Locust Street - Ste 200 Company Address By. Sinature Dubuque, Iowa 52001 9 _ Michael J Portzen City,state,zip code Printed Name � - (563) 556-0272 Vice President Company Telephone Number Title NOTE: 1. 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-Fa.ct/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. END OF SECTION 00600 i i 3 i y UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety Departrrient UNITED FIRE&&INDEMNITY:COMPANY,GALVESTON,TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY,ROCKLIN,CA Cedar Rapids,IA 52401 CERTIFIED:COPY OF POWER OF ATTORNEY (origtrial on. le.at Home Office of Company-See Certification) KNOW ALL PERSONS BY THESE PRESENTS;That UNITED FIRE&CASUALTY COMPANY,a corporation duly organized and existing under the laws of the State of.Iowa UNITED FIRE&INDEMNITY COMPANY,a corporation'duly organized and existing under the laws of the State of Texas, and FINANCIAL TACIFIC INSURANCE.COMPANY, a zorporation duly organized and existing under the'laws of:the State of California (herein collectively called the Companies);'and havingg their'corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint TERRANCE J. FRIEDMAN, OR SCOTT A. DESOUSA, OR DARK J. PHALEN, ALL INDIVIDUALLY Of DUBUQUEIA their true and lawful Attome s rn Fact with power and authority hereby conferred to sin seal and execute in its behalf all lawful bonds undertakings and other*obligatory instruments of srmrlar>riature.'providedahat no single obligation shall exceed .. .. '0001000.00 and to brad the Cornpanies thereby.as fully and to;the sama`extent as if such instraments were signed by the duly authorized officers of the Companies and all oft he acts of said Attorney;pursuant to the sutliority hereby`given Gild hereby ratified and confirmed. >> The Authority hereby granted ts.continuous and shall remain in full force and effect until revoked by UNITED FIRE&`CASUALTY COMPANY, UNITED<FIRE&INDEMNITY COMPANY,AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15,2013,by the Boards,of Directors of UNITED FIRE & .CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL,PACIFIC INSURANCE COMPANY. "Article VI Surety Bonds and Undertakings" Section 2,Appomtment of Attorney-in-Fact. "The President or any Vice President,or any other officer of the Companies may,from time to Gime, appoint.by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance; bonds, undertakings and other obligatory instruments of like nature.The signature of any officer authorized hereby, and the Corporateseal;may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;such signature and seal, ..when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys4ii-fact, subject to,the limitations set' forth in their respective!certifrcates of authority shall have fall power to bind the Companies by their signature and execution of any such:: j instnzments and;to attach the seal of the Companies thereto: The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. �.��P� i"t",� IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its X1.4~ �`�'PCOii� � &INDE ,i,T!i �\`F\G+'INSUr� ry� _Q k �, s QG�oPPORg qti� vice president and its corporate seal to be hereto affixed this 15t h day of October, 2013 �prsroRATE , `R: coRPORATt oUNITED FIRE&CASUALTY COMPANY SULY.22 6=o •� SEAL ' .—'— z z e UNITED FIRE&INDEMNITY COMPANY k a 9E6i - ,�o� sEAL FINANCIAL PACIFIC INSURANCE COMPANY Wsro; nrrtmoan By: State of Iowa,Coufity ofLrnn,ss. Vice President On 15th day of October, 2013, before me personally came Dennis J. Richmann to me known,who being by me duly sworn did depose and say that he resides in Cedar Rapids,State of Iowa;that he is a Vice.President of UNITED FIRE&CASUALTY COMPANI,a Vice President of UNITED FIRE&INDEMNITY COMPANY,and a Vice President of FINANCIAL PACIFIC' INSURANCE COMPANY the corporations described in and which executed the above instrument;that he knows the seal of said corporations;that the: Seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of`said corporations j and that lie signed I name:thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. f ti+e Judith A.Davis A Iowa Notarial Seal /`► Notary Public Commission number 173041 My commission expires:4/23/2015 a { awr My.Ciimmission Expires 4/23/2015 s � I David A. Lange;.Secretary of UNITED:FIRE&^CASUALTY COMPANY and Assistant Secretary of ITED FIRE&INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed th1ec orporate seal of the said Corporations this 110 day.of. Mar:Ch 20 . 0G Mt/,qZV 9 �pw� ,pk� oa. QP dPPOgq>M�'c^ 1 �1 coRPORATEq pr CORPORATE g, �r �� StQ n a_ _�.� ULY2 0 B �._ = -�� z b- y. SEAL bz a 1986 y - o SEAL X111 ri c '�gtnmu��` '�fitnum�>, „rn,mmmtaoa Secretary,OF&C Assistant Secretary,OF&UFPIC' BPOA0049 0913 DATE'MMIDDIYYYY) ,�CoR® CERTIFICATE OF LIABILITY INSURANCE F3 20 J5 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 CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT PRODUCER NAWCT Pam Buchholtz Friedman Insurance, Inc. fpFAX AIC,HONE No,Ext:563-556-0272 Arc No:563-556-4425 PO Box 759 E-MAIL Dubuque IA 52004-0759 ADDREss:buchholtzp&friedman-group.com INSURER(S)AFFORDING COVERAGE NAIC# II INSURERA:United Fire&Casualty 113021 INSURED PORTCON-02 INSURER B: Portzen Construction Inc INSURER C: 205 Stone Valley Dr. INSURER D Dubuque IA 52003 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:971597184 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBR POLICY&F POLICY EXP_F_ TNSRF LIMITS L TYPE OF INSURANCE POLICY IN MM/DDIYYYY) (MM/DDtYYYY) I N,; UMBER LTR INSR WVD_ A GENERAL LIABILITY Y Y 60456157 12/31/2014 12/31/2015 $1,000,000 EACH OCCURRENCE DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $100,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERALAGGREGATE $2,000,000 ISI GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY F1 LOC A AUTOMOBILE LIABILITY — 12/31/2014 12/3112015 B I NTDTI P LE_LI M-17 —170476157 C(EOMccident) $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOSAUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident) I — UI/UIM $100,000 A X UMBRELLA LIABX OCCUR I 60456157 12/31/2014 12/31/2015 EACH OCCURRENCE $10,000,000 I EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED TX RETENTION$10,000 - —TOTH $ X I TN A WORKERS COMPENSATION y 30303343 12131/2014 12/31/2015 OC STATU 'Y LIMITS FIR S1 AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $500,000 [7 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE1$500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project: SRF Green Alley Project Bid Set 3-Year 2. 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 are listed as Additonal Insured on a primary&non-contributory basis for on-going and completed operations with respect to general liability as provided by endorsements CG7103 and CG7150. Governmental Immunities in favor of the additional insured for the general liability as provided by endorsement CG7163. Waiver of Subrogation in favor of the additional insured is included for the general liability and workers compensation as provided by endorsements CG7103 and WC000313. tl CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Dubuque ACCORDANCE WITH THE POLICY PROVISIONS. 50 W 13th Street Dubuque IA 52001 AUTHORIZED REPRISE I TATIVE I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CG 71 03 06 11 ULTRA LIABILITY FLUS ENDORSEMENT g COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES � i This is a summary of the various additional coverages and coverage modifications provided by this endorsement, No coverage is provided by this summary. Coverage for non-owned watercrat, is extended to 51 fee; in length I Voluntary Property Damage Coverage 5.000 Occurrence with a 510,000 Aggregate �i Care, Custod\, and Control Propert Damage: Coverage I �215,OOC' Occurrence with s 5;'100,000 Aggregate - w'500 Deductible d Product Recall Expense S25,OOC Each Recali Limi' with a S,50,OOC., Aggregate - 5;1,000 Deductible \Nater Damage Legal Liability - 525,000 Increase in Supplementary Payments: Bail Bonds to 01,000 and Loss o Earnings to 5500 For newly formed or acquired organizations - extend the reporting requirement to 180 days 'I l Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction J Agreemen' With You Automatic Additional Insured - Vendors Automatic Additional Insured - Lessor of Leased Equipment Automatic Status When Required in Lease Agreement b; With You Automatic Additional Insured - Managers or Lessor of Premises ll Additional Insured Engineers, Architects or Surveyors Not. Engaged by the Named Insured G Additional Insured - Employee Injury to Another Employee Primary Additional Insured Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Lea;aae ' Automatically included AggregatE Limits of Insurance (per location; Automatically included Aggregate Limits of Insurance (per project) !i Knowledge of occurrence - Knowledge of an "occurrence", "claim or suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee Unintentional failure to disclose all hazards, If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Liberalization Condition Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 Ids GVW Blanket Waiver of Subrogation Property Damage - Borrowed Equipment t Property Damage Liability - Elevators • Bodily Injury Redefined • Extended Property Damage • Damage to Media Legal Liability - $50,000 REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 15 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION 9 CG 71 03 06 11 Includes copyrighted material of Insurance Services Office,Inc., with its permission. Page 1 of 15 c e '. . CG 71 03 06 11 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ |TCAREFULLY, ULTRA LIABILITY PLUS ENDORSEMENT Thj» endorsement modifies insurance provided unde;- the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION | ' COVERAGES COVERAGE 4 BODILY INJURY AND PROPERTY DAMAGE Li/\B07Y The Following changes are made to2. Exclusions: Extended Property Damage Exclusion 2.a. Expected DI |ntended Injury is replaced with the following' a "Bodily injury" or "property damage" expected orintended from the standpoint cdthe insured, This exclusion does � damage" |U from the use of reasonable force to protect persons or no1opp|yto "bodily injury" or ^pmpedy �moge resulting f property Extended Watercraft Coverage Exclusion g.(2) is deleted and replaced by the following: C-.(2) Awm1emrof, you do not own the" is: (a) Les,� than 51 fee long; (b) Nol being used to carry perSons or property for charga� Property Damage Liability - Bornowod Equipment The following is added to Exclusion j.: Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at u jobada and while not being used to perform operations, The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25.000 per occurrence, The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the inxured, whether phmary, excess, contingent or on any other basis. Property Damage Liability ' Elevators The following is added to Exclusion j.: Under paragraph 2. Exclusions of Coverage A. "Bodily Injury" and "Property Damage" Liability Paragraphs 3. 4 & G of this exclusion do not apply to "property demuge" resulting from the use of elevators, However, any insurance provided for such "property damage" is excess over any valid and collectible property insurance (including deductible) available to the innured, whether phmary, exonos, contingent or on any other basis. CG 71 03 06 11 Includes copyrighted mekarie| of Insurance Services OfOoa. Inc,, with its permission. Page 2 of 15 CG 71 03 06 11 The last paragraph of Item 2. Exclusions is deleted and replaced by the following: Exclusions c, through n. do not apply to damage by fire; explosion, lightning, smoke resulting from such fire.. explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner. P, separate limit of insurance applies to this coverage as described in Section III - Limits or' j Insurance. ) THE FOLLOWING COVERAGES ARE ADDED: t Voluntary Pro erty Damage Coverage �i The insurance provided unde, Coverage (Section I ie amended to include "propert\, damage' to property of others caused bl, the insured: a. While in your.possession: of- b. Arising out Of "your work". Coverage applies at the request or' the insured, whether or no the insured is legally obligated to pay. u For the purposes of this Voluntary Property Damage Coverage only: 1. Exclusion j. Damage to Property under Coverage A (Section 1) is deleted and replaced by the following: !i j, Damage to Property II "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent. lease, operate or use: (2) Property transported by or damage caused by any "automobile`; ''watercraft" or "aircraft" you own; hire of- lease; rlease: (3) Property you own, rent, lease, borrow or use. 1 Care, Custody and Control Property Damage Coverage For the purpose of this Care, Custody and Control Property Damage Coverage only: i 1. Item (4) of Exclusion j. of Coverage A (Section 1) does not apply. I COVERAGE M. DAMAGE TO MEDIA LEGAL LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of damage to "electronic data" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "electronic data" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or"suit" that may result. But; CG 71 03 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 15 , i fi CG 71 03 06 1 gg 1 (1) The amount we will pay for damages is limited to $50,000. (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under this coverage or any other applicable coverage or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to damages to "electronic data' only if: s i (1) The damage to "electronic data" is caused by an "occurrence` that takes place it the "coverage territory"; (2) The darnage to "electronic data" occurs during the policy period, and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section ll - Who Is An Insured and no " receive notice of an ''occurrence" or claim, knew that the damage to employee" authorized by you to give or "electronic data" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the damage to "electronic data" occurred, then an}/ continuation, change or resumption of such damage to "electronic data" during or after the policy period will deemed to have been known prior tc the policy period, i c. Damage to "electronic data' which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1, of Section fi - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption tion o f that damage, to "electronic data" after the end of the policy period. d. Damage to "electronic data" will be deemed to have been known to have occurred ai the earliest time when amh` insured listed under Paragraph 1 of Section I! - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claire: (1) Reports all, or any part, of the damage to "electronic data" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the damage to "electronic data or (3) Becomes aware by any other means that damage to "electronic data" has occurred or has begun to occur. 2. Exclusions I� This insurance does not apply to: a. Expected Or Intended Injury Damage to "electronic data" expected or intended from the standpoint of the insured. b. Contractual Liability Damage to "electronic data" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 1 i Page 4 of 15 CG 71 03 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. d CG 71 K 06 11 c. Pollution Damage to "electronic data" arising out of the actual. alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants` . d, Aircraft, Auto, Watercraft or Mobile Equipment Damage to "electronic data" arising out of: ' 'i r if (1) The transportation of "mobile equipment" b� an "auto' owner or operate, by,, or rented or loaner tc anV/ insured; or I (2) The use o ''mobile equipment" in. or while in practice for, or while being preparec for, any prearranged racing, speed, demolition o�- stunting activity. e. War Damage to "electronic data" however caused, arising directh; or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actuai or expected attack, by any government, sovereign or other authority using military personnel or other agents; of- (3) r(3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. Ali Damage To Property I Damage to "electronic data' tha'. is: (1) Property you own. rent or occupy, including any costs o expenses incurred by you: or any other person, organization or entity, for repair, replacement, enhancement; restoration or maintenance oll such property for any reason, including prevention of injury to a person or damage to another's property; II (2) Property loaned to you; SII (3) Personal property in the care, custody or control of the insured; V l (4) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or I (5) That particular part of any property that must be restored, repaired or replaced because "your work" was k incorrectly performed on it. N g. Damage To Your Product Damage to "electronic data" in "your product" or arising out of it or any part of it, In. Damage To Your Work Damage to "electronic data" in "your work" arising out of it or any part of it and included in the "products- completed operations hazard". CG 71 03 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 15 v CG 71 03 06 11 (3r Property Not Ph Physically I. Damage To impaired Property Y Y Injured h Damage to "electronic data" in "impaired property" or property that has not been physically injured, arising out of: a (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or"your work"; or { (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. 4 j. Recall Of Products, Work 0!- Impaired Property II II Damages claimed for any loss, cosf or expense incurred by you or others fo-- the loss of use, withdrav✓al, recall. inspection, repair, replacement. adjustment. removal or disposal of: i (1) "Your product (2) "four work or H h (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or Y organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. V,. Personal And Advertising Injury i Damage to "electronic date" arising out of "personal and advertising injury". I�f C''OVEPAGE R. Pr:ODUC T RECALL E>XPENS 1. Insuring Agreement i a. We will pay 90% of "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. b. We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION III -LIMITS DP INSURANCE . G 2. Exclusions This insurance does not apply to "product recall expense" arising out of: a. Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of"your product". c. The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. I I CG 71 03 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Page 6 of 15 } i {9{i 3 1 P E A CG 7'1 03 06 11 r, I d. Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. h e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. I� f. "Bodily injury" or "property damage". g. Failure of ''your product" to accomplish its intended purpose, including anv breach of warrant\, of fitness, quality, efficacy o:-efficiencywhether written or implied. a h. Loss o" reputation, customer faith or approval. or ani costs incurred to regain customer market m any other conseo,uentia: damage:. i. Legal fees or expenses. j. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". 1 k. "Product recall expense" arising from the 'product recaC" of any o "your products' for which coverage is excluded b\1 endorsement. j COVERAGE W - WATER. DAMAGE LEGAL LIABiLITI' The Insurance provided under Coverage W (Section 1) applies to ''property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. SECTION I - SUPPLEMENTAP: ' PAYMENTS COVERAGES A AND F is amended to read SUPPLEMENTARY PAYMENTS: and i; Items 1.b, and 1,d are amended as follows: II b. Up to 51.000 r'or cost o` bail bonds required because of accidents or traffic law violations arising ou` of the use of �I any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. II d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II - BROAD FORM NAMED INSURED It 1. Section II — Who Is An Insured is amended to include as an insured any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. i 2. For the purpose of the coverage provided by this provision only, the following is added to Condition A.b, Excess Insurance, under Section IV - Commercial General Liability Conditions: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock. 3. This provision does not apply to a policy written to apply specifically in excess of this policy. 4 i CG 71 03 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 15 CG 71 03 06 11 item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. The following are added: 5. Additional Ensured - Owners, Lessees or Contractors - Autornatic Status When Required in Construction or Service Agreement With You ' a. Any person or organization for whom you are performing operations when you have agreed in writing in e contract or agreement that such person or organization be added as an additional insured on your policy. Sucn person or organization is an additional insured only with respect io your liability which may be imputed to that person or organlzation directly arising out of your ongolnc operations performed fo, than. person or organization. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded these additional insureds; the following additional exclusion applies; This insurance does not apply to: "Bodily injury", 'property damage", or personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services. including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection,; architectural or engineering activities. �I G. Additional Ensures: - Vendors u Any person or organization (referred to below as vendor), but. only with respect to 'nodi!y injur;," or "property, damage" arising out of "your products", which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in contract or agreement, This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Y (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; I i z t CG 71 03 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 15 1 z CG 71 03 06 11 (7) Products whish: after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such I products, or an\,/ ingredient, part of container, entering into, accompanying or containing such products. i 7. Additional Insured - Lessor, of Leased Equipment - Automatic Status When Required in Lease Agreement With You a, Ant person or organization from whom you lease equipment wrier: you anc such persor; or organization have agreed ir, writinc in a contract o, agreement trial such person or organization be added as ar, additiona! insured on you! policy. Such person or organization iE. ar insured, but only with respecd tc your liability arisinc ou! o- tine maintenance, operation or use of such leasee equipment. which may bF imputed io t1baL person or organization j as the lessor of equipment, k, person's or organization's siatu.. ac, an insured Under this endorsement ends whey; !, their contract or agreement with you for such leased equipmen,. ends. j b. With respect to the insurance afforded these additional insureds, the following additional exclusion apply: (1) To any "occurrence" which takes place; (2) To "bodily injury" or "property damage" arising out of the sole negligence of such person or organization. 9 8, Additional Insured - Managers or Lessors of Premises Any person or organization, but only with respect to the liability arising out of the ownership; maintenance or use of G that par of the premises leased to you and subject to the following, additional exclusions: This insurance does no apply to any: ill a. Any "occurrence" which takes place after you cease to be a tenant in that premises, b. Structural alterations: new construction or demolition operations performed by or on behalf oil any person or SII organization. 9. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured Coverage is provided only when the insured is contractually required to add the engineer, architect or surveyor. Coverage is provided with respect to your liability for "bodily injury" or "property damage" or "personal and advertising injury" directly arising out of: u i a. Your acts or omissions; or i' b. Your acts or omissions of those acting on your behalf; In the performance of your ongoing operations for that additional insured(s). 10. Additional Insured - Employee Injury to Another Employee With respect to your "employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of this section is amended to read: I CG 71 03 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 15 CG 71 03 06 11 q i (1) "Bodily injury" or "personal and advertising injury" a. To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); ii b. For which there is any obligation to share: damages with or repay someone else who must pay damages y because of the injury described in paragraph (1)(a) above;, or Y c, Arising out of his or her providing or failing to provide professional health care services. Paracrapl- 3.a. is deleted. For the purpose of this Item 10 only, a position is deemed to be supervisory in nature if that person performs f principal wort: which is substantially different from that or hiss or he subordinates and has authority to hire, direct, discipline o�- discharge. 'i 11. Primary Additional Insured i y A. Commercial General Liability Conditions (Section IV), paragraph 4. (Other Insurance) is de,eted and replaced by the following: 4, Other Insurance Ili If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A o: it B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when L. below applies. If this: insurance, i�, primary, our obligations art-- not affected unless any or' the "other insurance' is aisc primary. Tier, we will snare with. al' tha "other I insurance" by the method described In c. below. '.i b. Excess Insurance J This insurance is excess over any of the "other insurance", whether primary, excess, contingent or on any other basis: V (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; i� (2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; I (3 That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (4) If the loss arises out of the maintenance or use of aircraft, "autos", or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury and Property Damage Liability; or a (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. (6) That is provided to any person or organization who qualifies as an additional insured herein, except when you and that person or organization have agreed in writing that this insurance shall be primary. ti i CG 71 03 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 15 I I I CG 71 03 06 11 When this insurance is excess; we will have no duty under Coverages A or 6 to defend the insured against any "suit" if any provider of "other insurance" has a duty to defend the insured against that "suit". If no provider of ''other insurance' defends, we will undertake to do so.. but we will be entitled to the insured's rights against all those providers of "other insurance". p it When this insurance is excess over "other insurance", we will pad, only our share of the amount of the loss. if any. that exceeds the sun of: Ii (1) The total amount tha all suci 'other insurance' would pay for the: loss in the absence of thin insurance: and 4 j (2) The total o all deductible ane self-insured amounts under that ''other insurance'. N ll 'd \[v/e will share the: remaining loss, i- any.. witr, anv "other insurance' tha' is not describes ire tni_� Excess I Insurance provision. If j c. Method of Sharing If all of the 'other insurance" permits contribution by equal shares: we will follov, this method also. Under this ii approach each provider of insurance contributes equal amounts until IF has paid its applicable limit of insurance or none of the loss remains, whichever comes first. ii If any of the 'other insurance" does not permit contribution by equal shares; we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable. limit of d insurance to the total applicable limits of insurance of all providers of insurance. Et. For the purposes of this insurance coverage provided by this ttern 11 only; the following definition is added to DEFINITION'S (Section V): I• "Other Insurance': a. Means insurance, or the funding of posses, that is provided by, through or on behalf of: e (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non-cumulation of Eacri Occurrence a Limit section of Paragraph 5 LIMITS OF INSURANCE (Section III) or the Non-cumulation of Personal and Advertising Injury limits sections of Paragraph 4 of LIMITS OF INSURANCE (Section III) applies; 4 (3) Any risk retention group; (4) Any self-insurance method or program, other than any funded by you and over which the Coverage Part applies; or ii (5) Any similar risk transfer or risk management method. b. Does not include umbrella insurance, or excess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. CG 71 03 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 15 I 9 CG 71 03 06 11 SECTION III - LIMITS OF INSURANCE Items 2, 3, and 6 are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: 9 G. (Medical expenses under Coverage C; Y l b. Damages under Coverage A., except damages because of "bodil}! injury" or "property damage" included in the "products-completed operations hazard"; it c. Damages under Coverage 3: and li d. Damages under Coverage W. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damage:: because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and j Coverage R. 6. Subject to 5, above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for j damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire; explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented to voc or temporarily occupied by you with permission of the owner. The following are added: �i &. Subject to 5. above, $25,000 is the most wc-, will pay for Under Coverage V' for Water Damage Lega! Liability. i 2. Coverage R - Product Recall Expense aggregate Limit X50,000 Each Product Recal' Umi' °25,000 t' a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as recalls" you initiate during the endorsement period. of all "Product r 9 a result Y "p b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall" you initiate during the endorsement period. 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily r occupied by you with the permission of the owner. iI "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. e 11, Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. i i CG 71 03 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 15 i CG 71 K 06 11 12. Subject to 5. above, a $5,000 "occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Voluntary Property Damage Coverage. d I 13. Subject to 5. above. a 525,000 "occurrence" limit and a &,'100,000 "aggregate" limit is the mosl we will pay under Care, Custody and Control Coverage regardless of the number of: a. Insureds; i b. Claims madE or "suit:" brought: o c. Persons o! organization, makinc claim: D. bringing "suit. DedUctlbie - Ou• obligation to pav damages on your behalf applies only, io the amoun: o: damages it excess of w50C. 7 This deductible applies to al! damages because of "property damage" as the result o- any one "occurrence' ; regardless o"the number of persons or organizations who sustain damages because o; that "occurrence We may pay ang par, or all of the deductible amount to eff`ec: settlement of any claim. or "suit" and upon notification of the action taken, you shall promptly reimburse us for sucr par, of the deductible amoun', as has I been paid by us. ! As respects this coverage "Aggregate" is the maximum amount we will pay for al! covered "occurrences" during one polic)' period. 'i SECTION! IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Condition 2., Items a. and' b, are deleted ane! replaced by the following: i 2. Duties Ir! The Event 0` Occurrence, Offense, Claim: Or Suit a, You mus: see to it that we are notified as soon as practicable o' ar 'occurrence" or an offense which rnav resul in a clain-1. Knowledge c) ar, "occurrence" by your agent, servan'. or employee shat: not in itself constitute knowledge of the named insures unless an officer c.' the names insures has received such notice frorr; the, agent, servant or employee. To the extent possible, notice should include: (1) Hove, when and where the "occurrence" took place; li (2) The names and addresses of any injured persons and witnesses, and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. ' b. If a claim is made or"suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or"suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. Condition 2.c.(5) is added: (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. I B CG 71 03 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 13 of 15 p CG 71 03 06 11 i Conditions 10., 11. and 12, are added: " s I 10. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make fo injury or damage arising out of: premises owned or occupied by or rented or loaned to you.. ongoing operations performed by you or on your behalf, done under a contract with that person or organization. "your work or "your products". 1/ve waive this right where you have agreed to do so as part or a written contract, executed by you before the "bodily injury' or ''property damage" occurs or tine "personal injury" or''advertising injury'' offense is committed. Part, which would provide more coverage with no additional premium becomec II 1'i. If a revision to this Coverage j� effective during the policy period'' in the state: designated for the first Named Insured shown in the Declarations, vour �I policy will automatically provide this additional coverage on the effective date, of the revision. 12. Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all policy, we will not deny coverage under this Coverage Part because of such hazards at the inception, date of ��our such failure. However, this provision does not affect our right to collect additional premium or exercise ou right o' cancellation or non-renewal The following conditions are added in regard' to Coverage R - Product Recall Expense In event of a "product recall", you must 1. See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" tool; place and estimated "product recall expense". i 2. Take all reasonable steps to rninimize "product recall expense". This will not increase the limits o; insurance. If requester, permit us to question yoU under oath a: such times as -nay be reasonably required about any matter r relating to this insurance or your claim, including You books and records. Maur answers must be. signed. 4. Perm!` us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. 5. Cooperate with us in the investigation or settlement of any claim. 6. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. I SECTION V - DEFINITIONS it The following is added to Item 12. Mobile Equipment u 9 e. Vehicles with equipment for snow removal, road maintenance and street cleaning less than 1,000 Ids, GVW. 3 The following definitions are added for this endorsement only: 3. Bodily Injury Redefined. Under V-Definitions, definition 3, is deleted and replaced with the following: j 3. "bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, I mental injury, shock, fright or death that results from such physical injury, sickness or disease. j j CG 71 03 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 14 of 15 j s CG 71 03 06 11 p 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROTAS, tape drives; cells; data processing devices or any other media which are used with electronically controlled equipment. { 24. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by 11 you or any regulatory or governmental agency that: ('I) The use or consumption of "your product" has causer' o, will cause actual or aliegec' "bodi1v injure" or "property damaae": and 'd (21 Suci- determination requires you to recove, possession O, control of `You., proauct' fron-; any distributor. purchase o, user. to repair or replace "you!- product". bu' only ii ''you- product' is unfi' for use or consumption. or i is hazardous as s resin: of: 1 (a Ar, error o,. omission by an insured in the design, manufacturing, processing, labeling. storage, or transportation of 'vour product" or it (b) Actual or alleged intentional. malicious o!- wrongful alteration or contamination o,' "your product" by someone j other than you. 25. "Product recall expense" means reasonable and necessary expenses. for: (1) Telephone, radio and television communication and printer' advertisements: includinc stationery, envelopes and postage. it (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration, paid to your employees for overtime, asp well as remuneration paid to additional employees or � independent contractors you hire. (4) Transportation and accommodatior: expense incurrec b\ }our ernplovees. i (5) Rental expense incurred for temporary locations used tc! store recalled products. (6) Expense incurred to properly dispose of recalled products: including packaging that cannot be reused. (7) Transportation expenses incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. i i These expenses must be incurred as a result of a "product recall", I 'd I, R i CG 71 03 06 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 15 of 15 I r i s V I li CG 71 50 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I CONTRACTORS BLANKET ADDITIONAL INSURED — LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: i ,I COMMERCIAL GENERAL LIABILITY COVERAGE PART Terms and provisions c,this endorsement shall supersede: anv inconsistem language in an\ cther coverage form. 1 Additi onal Premi um: (If no entry appears above, information required to complete this endorsement wil! be showr in the Declarations as, j applicable to this endorsement.) A. Section ►i — Who Is An Insured is amended to c. The expiration of any applicable include as an additional insured any person or statute of limitations or statute of organization whom you are required to add as repose with respect to claims arising an additional insured on this policy under a out of "your work". written contract or written agreement; but the written contract or written agreement must be: 2. Such coverage will not exceed the limits of liability required by the written 1. Currently in effect or becoming effective contract or written agreement even if during the term of this policy: and the limits of liability stated in the policy exceed those limits. This endorsement 2, Executed prior to the "bodily injury", or shall not increase the limits stated in "property damage". Section Ili-LIMITS OF INSURANCE- II E. The additional insured status Wil! apply only with 2. With respect to the insurance afforded to any respec'. to you; liability for "bodil;, injury" or additional insured under this•, endorsement. the property damage' which may be imputes to following additional exclusionary language shall that person(sj or organization(sj directly arising apply: �I out ot" ''your work" at the location designated and described in the written contract or written This insurance does not apply to "bodily injury" agreement performed for that additional insured or "property damage" arising out of the and only for that liability included in the rendering of, or the failure to render; any "products-completed operations hazard". professional architecture, engineering or surveying services, including: G. When coverage provided under this j endorsement does apply to "bodily injury" or a. The preparing, approving, or failing to j "property damage" arising out of the "products- prepare or approve, maps, shop drawings, completed operations hazard": opinions, reports, surveys, field orders, change orders or drawings and 1. Such coverage will not apply subsequent to specifications; or the first to occur of the following: b. Supervisory, inspection, architectural or a. The expiration of the period of time engineering activities. required by the written contract or written agreement; 3. With respect to the coverage provided under this endorsement, Paragraph 4.b. SECTION IV b. Five years from the completion of "your — COMMERCIAL GENERAL LIABILITY work" on the project that is the subject CONDITIONS is deleted and replaced with the of the written contract or written following language: agreement. CG 71 50 03 12 Page 1 of 2 f } CG 71 50 03 12 4. Other insurance b. Immediately forward all legal papers to us, � b. Excess insurance cooperate in the investigation or settlement of the claim or defense against the "suit", This insurance is excess over: and otherwise comply with policy conditions. Any coverage provided by this endorsement to an additional insured shall be excess over any c. Tender the defense and indemnity of any other valid and collectible insurance available to claim or "suit" to any other insurer which the additional insured whether primary, excess, also insures against a loss we cover under v contingent or on any other basis unless a written this endorsement. This includes, bu is no' contract or written agreement in effect during limited to, any insurer which has issued a j this policy period and signed and executed by police o` insurance in which the additional q you prior to the loss for which coverage is insured qualifies as an insured. or the sought specifically requires that this insurance purpose of this requirement, the term 'insures against' refers to any sell'-insurance apply on a primary or primary and non- and to any insurer which issued a police o�` contributory basis. When this insurance is primary and there is other insurance available to insurance that may provide coverage for the the additional insured from any source, we will loss, regardless or whether the additionsl j share with that other insurance by the method insured has actually requested that the described in the policy. insurer provide the additional insured with a defense and/or indemnity under that policy 4. As a condition of coverage under this endorsement, of insurance. j each additional insured must d. Agree to make available any other a. Give us prompt written notice of any insurance that the additional insured has for "occurrence" which may result in a claim and a loss we cover under this endorsement. prompt written notice of °suit I ll i� l i i �I w CG 71 50 03 12 Page 2 of 2 CG 71 63 04 09 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CITY OF DUBUQUE, IOWA i �I ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: III COMfv/IERCIAL GENERAL LIABILITY COVERAGE PART P;,E M-Uri 71.50 I I The Cite of Dubuque., Iowa, including all its elected and appointed officials, all its employees and volunteel s. all its boards; commissions and/or authorities and their board members, employees, and volunteers, are included as Additional Insureds with respect to liability arising out of the Insured's � work and/or services performed for the City of Dubuque; IOW2. This coverage shall be primary to the 1 Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds whether other available coverage be primary, contributing or excess. i CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT (For use when including the City as an Additional Insured) 1 Nonwaiver or 'Government Immunity. The insurance carrier expressly agrees and states that the r f e r t ' Insured P � ddiio� gal insur purchase of this policy and the including o, th.. Citi o. Dubuque, lona a� a.. A 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. Z Clairns Coverage. The insurance carrier further agrees that this policy of insurance shall cover �I only those claims not subject to the defense of governmental immunity under the Code of Iowa I' Section 670.4 as it now exists and as it may be amended from time to time. d 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 insurance carrier. Nothing contained in this endorsement shall 1 prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Dubuque, Iowa. 4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. I I I CG 71 63 04 09 Page 1 of 2 i CG 71 6' 04 09 5, No Other Chan e in Policy. The insurance carrier and the City of Dubuque, Iowa agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. CITY OF DUBUQUE, IOVVA WNCELLA T ION AND IviA CHANGES ENDORSEMENT 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- sen: 'LO ! City of Dubuque, 50 VV. 13th St., Dubuque, Iowa 52001. This endorsement supersedes the stanaard cancellation statement on the Certificate of Insurance to which this endorsement is attached. a I Note: Endorsements above per `Urban Standard Specifications For Public Improvements', Addendum No. 2 effective July 24, 2001 . III ii i q l 1 CG 71 63 04 09 Page 2 of 2 WC 00 K, 13 (4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement chances lige police to whici-, it is attached effective on the inception date of lige police unless a different dale: is indicated belcW, `i (Tide follow;nr"allach;nq clause"need be completed only wlic:n Ifus endorsemenl;s;slued suhsequeni io preparation of Ihi--;policy.) g Thin endorsement, effective on ai 12:0'i A,.hii� standard time, forms. a pari of (DAT-7)' u!T i=, i Police No. o (iu: J (IdNM OF IIJSUr.vNC COMPAI:'' ' I' i� issued to j u Premium 5 1 Authorized Represenlauue l Vve have the right to recover ou payments from anyone liable for an injury covered by this polio- VVe will not enforce our right against the person or organization named in the Schedule. This agreement applieE only 10 the exten' that you perform work under a written contract that requires you to obtain this V agreement from us. This agreement shall not operate directly or indirectly to benefi4. any one not named in the Schedule. Schedule 'j it i I ,I I I !i II t I tl WC 00 03 13 (4.84) Copyright 1902, 1983 National Council on Compensation Insurance. t l