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Tetra Tech Monitoring Well InstallationTHE CITY OF Dubuque A DUB E Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Monitoring Well Installation -Tetra Tech DATE: April 15, 2008 City Engineer Gus Psihoyos recommends City Council approval of a License Agreement with Tetra Tech that authorizes the installation of four monitoring wells in City right-of-way at West Locust Street and Pierce Street. Tetra Tech has been contracted by McCann's Properties, LLC to continue the drilling and field work associated with the required State of Iowa Site Monitoring Report. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic el C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF ~ Dubuque DT T~ ~ AN-Ame~CaCily ~J Masterpiece on the Mississippi 2007 TO: Michael C. Van Milligen, City Manager-~ FROM: Gus Psihoyos, City Engineer ~~~~ SUBJECT: Monitoring Well Installation -Tetra Tech DATE: April 14, 2008 INTRODUCTION This is in response to a request from Tetra Tech to install four monitoring wells in City right-of-way at West Locust Street and Pierce Street. BACKGROUND Tetra Tech has been contracted by McCann's Properties, LLC to continue the drilling and field work associated with the required State of Iowa Site Monitoring Report. DISCUSSION The work will consist of advancing four soil borings for installation of wells to a depth of 40 feet. Each well will be constructed of 2-inch PVC casing/screen and will have a 7- inch flush-mount metal manhole cover for access by technicians for sampling and analysis. These access points will not impede traffic or create an obstruction. Attached is a map with the identified locations. When it has been determined the wells are no longer needed, they will be abandoned by removal of the manhole covers and backfilled with bentonite seal in accordance with Iowa DNR regulations. The City Council's approval would be in the form of a License Agreement between Tetra Tech and the City. The Agreement outlines the responsibility of Tetra Tech, provides indemnity to the City, and requires proof of liability insurance for placement of the monitoring system on City property. The attached License Agreement provides that the City shall have no liability for any environmental contamination occurring on the project's property, on City property, or on adjacent private property as a result of contamination from the property owner's site. All the appropriate documents, including the license agreement, a map of the project location, and proof of liability insurance have been submitted by Tetra Tech and have been approved by City staff. RECOMMENDATION I would recommend that the request to install the monitoring system on the City property at West Locust Street and Pierce Street be approved through the adoption of the attached resolution authorizing the Mayor to execute the attached License Agreement for Site Assessment. If, and when, ownership transfers to the owner, there is a separate site assessment agreement that would be completed and approved by the City Manager. BUDGET IMPACT This request will have no budget impact. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution authorizing the Mayor to execute the License Agreement with Tetra Tech. Prepared by Jane Smith, Engineering Assistant cc: Jon Dienst, PE RESOLUTION NO. 119-08 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND TETRA TECH TO INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF-WAY AT WEST LOCUST STREET AND PIERCE STREET Whereas, Tetra Tech, on behalf of McCann's Properties, LLC, has requested permission from the City of Dubuque to install four monitoring wells on City right-of-way at West Locust Street and Pierce Street in Dubuque, Iowa, for the purpose of continuing the drilling and field work associated with the required State of Iowa Site Monitoring Project; and Whereas, the License Agreement for Site Assessment has been prepared outlining the responsibilities of Tetra Tech in the installation of monitoring wells to a depth of 40 feet on public right-of-way; and Whereas, the performance of the activities of Tetra Tech will be at no cost or expense to the City, and all work will be performed by the Licensee, or its employees, agents, or subcontractors; and Whereas, it is the desire of the City Council to enter into said License Agreement for the installation of monitoring wells in the public right-of-way as requested. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The License Agreement for Site Assessment be and the same is hereby approved. Section 2. That the Mayor be and is hereby authorized to execute said License Agreement for and on behalf of the City Council. Passed, approved and adopted this 21st day of April , 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk r e LICENSE AGREEMENT FOR SITE ASSESSMENT THIS AGREEMENT is entered by and between f I ~ c ~c 1~ (Lic nsee) and the Cit of Dubuque, Iowa (City), this y~~ day of r i , 20. WHEREAS, Licensee has M ~ ~~,~~- ~~~~ entered into a contract with ~.s Z- i- C and/or (the Iowa Comprehensive Petroleum Underground Storage Tank Board (the Board) to investigate potential petroleum contamination at a number of Underground Storage Tank (UST) sites in the City of Dubuque pursuant to a Community Remediation Project undertaken by the Board in the Dubuque metropolitan area); and WHEREAS, pursuant to said contract, Licensee will assess and investigate said sites to determine the presence of petroleum contamination by taking soil samples and installing groundwater monitoring wells (the Activities), all in contemplation of the preparation and submission of a Site Clean-Up Report (SCR) to the Iowa Department of Natural Resources by the Licensee; and WHEREAS, the investigation of said sites, listed in Exhibit A attached hereto (Project Properties), will in many instances involve the investigation of adjacent City- owned property, or City-owned street or alley right-of--way, (City Property or the City Properties); and WHEREAS, the Licensee's performance of the Activities herein provided will be at no cost or expense to City and it is recognized that all work will be performed by Licensee or its employees, agents, or subcontractors; and WHEREAS, it is the desire and intention of Licensee and City to make this mutual agreement with respect to access to City Properties and with respect to the Activities to be conducted upon the said City Properties. NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings hereinafter made by City and Licensee, the said parties do hereby agree as follows: 1. City hereby grants to Licensee, its contractors, subcontractors, and their employees and agents, a temporary license to enter upon City Properties adjacent to Project Properties for the performance of the assessment and investigation activities described hereinbelow (the Activities)} and the right to enter shall continue in effect until S' c? ~ S o~P ,h ~~ If at that time Licensee has not completed all Activities requir of it under its contract with the Board, City may, through its City Council, extend this License Agreement for such additional period or periods of time to reasonably complete the Activities. The expiration of this License notwithstanding, Licensee shall retain its obligations with respect to the i maintenance and removal of monitoring wells until such time as those obligations are satisfied, all as provided in Paragraph 5 hereof. 2. City represents and warrants that it owns and is lawfully possessed of all streets and alley rights-of--way adjacent to the Property Properties and that it has full authority to grant and enter into this License Agreement, provided, however, that Licensee shall be obligated to obtain permission from the Iowa Department of Transportation before conducting any of the Activities hereafter enumerated upon State highway right-of--way within the City of Dubuque. 3. The assessment and investigation activities (the Activities) to be undertaken by Licensee may include the following: Licensee agrees that its entry upon the City Properties shall be limited to the performance of said Activities. Licensee further agrees to undertake and complete the said Activities upon the City Properties in a prudent and responsible manner, and in accordance with all applicable laws and regulations of City, the state of Iowa, and the United States, and in accordance with all applicable orders, directives and regulations of IDNR or other governmental agencies having jurisdiction of the Activities. 4. Licensee agrees to notify City, at the time it picks up Excavation Permits for particular Project Properties, of its intent to commence the Activities upon specific City Properties. Licensee agrees not to conduct soil borings or to install groundwater monitoring wells upon the paved portion of any street or in any street or highway median, without special written authorization from City's Public Works Director. As to privately owned "underground facilities" located upon City Property, Licensee agrees to follow the procedures provided in Chapter 480 of the Iowa Code regarding obtaining locator service prior to the commencement of excavation or drilling activities, and that its responsibility and liability for damage to such facilities shall be determined in accordance with the provisions of that Chapter. As to City owned or operated "underground facilities", (including but not limited to sewer, water, electric, electronic communications, and traffic control), City agrees that appropriate City departments or agencies will provide locator services for its underground facilities as required by Chapter 480 of the Iowa Code. Licensee, its agents, employees, contractors or subcontractors, agrees that its responsibility and liability for damage to underground facilities owned or operated by City, shall be determined in accordance with the provisions of Chapter 480 of the Iowa Code. r 5. Within a reasonable time after completion of each step of any of the Activities on City Properties, Licensee shall cause any tools, equipment, materials except for any groundwater monitoring wells placed hereon to be removed, and shall restore said Properties to the condition they were in prior to commencement of said Activities. The obligation to remove and properly abandon each particular groundwater monitoring well upon City Properties shall remain the responsibility of Licensee until each such monitoring well is properly removed and abandoned as required by applicable state or federal law or regulation, as evidenced by a well closure report issued by a certified well driller. Alternatively, the obligation of Licensee with regard to particular monitoring wells shall be deemed discharged upon City's Public Works Director's receipt, acceptance, and execution of an agreement, in form acceptable to City's Legal Department, executed by the owner of the adjacent Project Property, pursuant to which the said property owner agrees to accept responsibility for the operation and maintenance of said monitoring well and for its removal and abandonment as above provided. Licensee agrees that City may retain its License Agreement for Site Assessment, hold harmless, and maintain on file certificates of liability insurance until its obligation to remove monitoring wells is deemed discharged as herein provided. Licensee agrees that unless deemed discharged it will promptly remove and properly abandon any monitoring well located upon City Property when it is notified by City that the City Property upon which the well is located is required for municipal purposes, including but not limited to street, sewer, traffic control, or water utility construction or repair. City agrees to review the proposed location of monitoring wells, if provided in advance of their installation, and to advise Licensee if a proposed monitoring well location will conflict with planned construction activities. City's failure to advise of such conflicts shall not excuse Licensee of its obligation to remove monitoring wells to accommodate such construction activities by City. The parties further agree that unless Licensee is deemed discharged, then in the event Licensee fails to properly maintain any monitoring well or the area immediately adjacent thereto, or fails to remove a monitoring well after being advised that the City Property upon which it is located is required for municipal purposes, City may either (a) deny Licensee access thereto, or (b) declare the said monitoring well a nuisance, cause same to be removed, and assess the costs of abatement against the Licensee, or against the Project Property or Properties for whose benefit the well was installed, all as provided in Iowa Code Section 364.12. 6. This Agreement is intended and shall be construed only as a temporary license to enter and conduct the Activities upon City Properties and not as a grant of easement or any other interest therein. 7. This Agreement shall be binding upon the parties hereto and upon their respective successors, representatives, heirs, and assigns. This agreement shall also be binding upon all current and future invitees on City Properties, if any. 8. Licensee agrees to the extent Licensee is negligent to defend, indemnify, and hold harmless City, its officers, agents, and employees from and against all manner of actions, liabilities, claims, causes of action, suits, debts, accounts, losses, damages, and attorneys' fees including but not limited to property damage or bodily injury, including death at anytime resulting therefrom, incurred by City, its officers, agents, or employees, caused by Licensee or its officers, agents, employees, contractors, or subcontractors, or by any third party, arising out of the performance of the Activities upon City Property by Licensee, or arising out of the existence, operation, maintenance, or removal of monitoring wells on City Property by Licensee, or arising out of or occasioned by Licensee's failure to perform any act as herein required. 9. Licensee shall purchase and maintain insurance as set forth in the attached Insurance Schedule through the duration of this Agreement. 10. Upon request by the City, Licensee agrees to provide to the City, within 10 days of request, copies of: (a) all reports, including raw sampling data, which it has therefore made or shall thereafter make to the Board, IDNR, or any other governmental agency; and (b) all correspondence, including further orders or directives, which it received from the Board, IDNR, or any other governmental agency; relating to assessment or remediation of any particular Project Property or to adjacent City Properties. 11. Notices, reports, or correspondence required to be given or sent by this Agreement shall be directed to the following: If to the City: Engineering Department City of Dubuque 50 W. 13~' Street Dubuque, IA 52001-4864 (563) 589-4270 Fax: (563) 589-4205 ,, , If to the Licensee: ~ ~~fa. Cc .~ l9 ..~ 3~~ ~$y..! ~- Such notices shall be delivered or sent by mail. Notices shall be deemed given when placed in the mail, postage paid. 12. The undersigned warrant that they have full power and authority to execute and deliver this Agreement. City further warrants that it has full power and authority to bind the current and future invitees on City Properties. IN WITNESS HEREOF, ~"'~~~,~ (~~~ and City have executed two (2) original copies of this Agreement on the dates specified immediately adjacent to their respective signatures. CITY OF DUBUQUE, IOWA LICENSOR By: Roy D. Buol, Mayor Date: ATTEST: Jeanne Schneider, City Clerk Rev. BL 5/06 Date: `// ~{/C~Sj' O TETRA TECH April 4, 2008 Engineering Department City of Dubuque, City Hall 50 W. 13"' Street Dubuque, IA 52001 RE: Monitoring Well Installation in City Right-of-Way: McCann's Citgo 690 W. Locust, Dubuque, Iowa LUST # 8LTY78, Reg No. 8604749 Tetra Tech Project # 115-7370156 To Whom It May Concern: Tetra Tech on behalf of McCann's Properties LLC, respectfully requests permission to advance four soil borings for the installation of monitoring wells within the City's right-of-way near the above referenced facility (refer to enclosed site map). The borings will extended approximately 40 feet below grade and each monitoring well will be constructed of 2" PVC casing /screen and will be completed at the surface with a 7" flush-mount metal manhole cover. The drilling and related field work is in association with the State of Iowa required completion of a Site Monitoring Report, which Bruce McCann has contracted us to do. The period of time for the monitoring wells to exist on the property is dependent on future IDNR sampling requirements. Tetra Tech will notify the Iowa One-Call utility locating service 48 hours prior to field activities. McCann's Properties LLC is insured through the Iowa UST Financial Responsibility Program (the Fund), and is subject to all Fund guidelines, on this project. Attached is a certificate of insurance which names the City of Dubuque as additionally insured. Also enclosed are two original copies of the "License Agreement for Site Assessment" from the contractor. After City Council approval and prior to the start of work, Tetra Tech will make the necessary arrangements and obtain the required excavation permit. Thank you for your time and prompt attention concerning this matter. If you have any further questions regarding this request, please contact us at (319) 232-6591. Sincerely, TETRA TECH ~; Angela M. Erhardt, CGP Project Scientist Enclosure G' l Gay n Hiesterman, CGP Pr ect Manager 2213 LaPorte Road, Waterloo, IA 50702 Tel 319.232.6591 Fax 319.232.0373 www.tetratech.com J 80.5 wi cn ~„~ ~ U ' ~ C CUUac Vr" HOUSE t+axuaw cn~ a szo w. LOCUST cn B_„/ i_~ ~ ~ ~~~ 606 j ML LOCUS ~ [ b~ ~ 3N C~ ~~otocx~sT e-zo/ 1 I i _~ i' r "''""'~ P(ERCE STREET -- w ~ w ~- w S w ~"w ~--- w S w -- - - G Tr-GT~GT GT GT ~ r.,~,..~ ,~w--- ~ - o _i s ~~ , ~,_, -~, ~. YYR-B l~tsMlsril~-3/ ~Q( ~ YIM-S ® eCIWN'S ~~ O -2/ ~ MW~2 p (4G `~ W C, I e-s/ p YY~-5 B-4/~ t-ws-e~.n) ww- pt.~a-+taT $ ~ 9~t-sf~.-~c~p kiR~ ~DO '. I o T N ~~ I I Scale 1" = 50' p1.4f,-Nq LEG£Np II`'lA~1ER~lINE , 7ELEPFiONE L6VE 57~DR1A SEWER LINE --~ SEWER UHE SOIL 80RNrC ~-awraRa+a wEU. 72~ ®v~POR yowraeHC Wp.L r.eru.,nn ~~-~ ACORD~, CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 02/07/2008 ~ODUO~ 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE xillis xorth America, Iac. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 xashvills, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Tatra Tach, Iac. INSURERA:ACB American Inauraace C as 22667-011 6178 S. Stratlar St. Salt Lake Cit 17T 84107 INSURERB:Americaa International 9 ecialt Liase Ia 16883-001 y, INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D' TYPEOFINSURANCE POLICYNUMBER POL Y FFECTIVE POLICYE%PIRATION LIMITS A x GENERAL LIABILITY 8DOG23734825 10/1/2007 10/1/2008 E AC H O C CURRENCE $ 1 000 000 $ COMMERCIAL GENERAL LIABILITY p M p~ E T PREMISES Ea~rence $ 1 000 OOQ CWMS MADE ~ OCCUR MED EXP An one $ 1 % Contract Liab. PERSONALBADVINJURY E 1 Q00 000 X X,C,U Coverage GENERAL AGGREGATE $ 2 Q00 000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMPlOPAGG E 2 OOQ 000 POLICY PRO- LOC A AU TOMOBILELUU3ILITY ISAH08238431 10/1/2007 10/1/2008 COMBINED SINGLE LIMIT j[ ANY AUTO (Eaacddent) $ 2 OOQ, 000 ~ $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per Peon) $ HIRED AUTOS BODILY INJURY $ $ NON-0WNEDAUTOS (Peracgdent) PROPERTY DAMAGE $ (Per accident) GARAGELUU3ILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN ~'p'~ $ AUTO ONLY: AGG $ A EXCESS/l1MBRELLALIABILTIY XOOG23886005 10/1/2007 10/1/2008 EACH OCCURRENCE $ 5 QQQ QQQ $ OCCUR ~ CLAIMS MADE AGGREGATE $ Q Q Q DEDUCTIBLE $ RETENTION $ $ A WORIO=RS COMPENSATION AND EMPLOYERS' LIABILm AOS ~I,RC44479886 10/1/2007 10/1/2008 7C TORY LIMITS °ER A ANY PROPRIETOR/PARTNER/EXECUTIVE WI SCFC44479898 10/1/2007 10/1/2008 E.L.EACHACCIDENT $ 1 QQQ QQQ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ i Q Q Q Q Q Q If yes,desaibeunder SPECIAL PROVISIONS bebw E.L. DISEASE -POLICY LIMIT $ B OTHER 195 5 3 10 1 2007 10 1 008 $5,000,000. each Claim Professional Liability $5,000,000. Aggregate Contractor's Pollution $250,000 Deductible DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMIENi/SPECIAL PROVISIONS THIS VOIDS AND RBPLACB3 PREVIOUSLY I33U8D CBRTIFICATB DATED: 10/1/2007 >1PITH ID: 9589438 Stop Gap coverage for the following States: OH, ND, VPA, WV, 1iPY City of Dubuque Attn: City Hall 50 x 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLN:~S BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE ISSUING INSURER WILL EMAIL 3 Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE L AC:UKU[b(lUU7/US) Co11:2254856 Tp1:686263 Cert:10309106 pACORDCORPORATION1988 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AI:UKU"L5(lUU1/US) Co11:2254856 Tp1:686263 Cert:10309106 W1~~IS CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 02/07/2008 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1Pillie xorth ]-marica, Iac. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Sox 305191 Nashville, Tx 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Tatra Tech, Iac. INSURER A:1-CS American Insurance C an 22667-012 6178 S. Stratler St. lt L S k Cit DT 84107 INSURER B:Amaricaa iataraational S acialt Liaae In 26883-001 a a e y, INSURER C: INSURER D: INSURER E: Commercial Property: Policy Number: 8ffective: 10/1/07 - 10/1/OS Isauiag Carrier: Liberty Mutual Fire Business Personal Property Iacludiag $5,000,000. Limit Project Start Date: Oct, let, 2007 Project Snd Date: OCt 31st, 2008 YU2L9L435456017 Insurance Company Valuable Papers, Special Form Re: McCaaa'e Service Station; Dubuque, Iowa. THS CITY OF DUBUQUE IS LISTED AS AN ADDITIONAL INSURED ON GENERAL LIABILITY POLICI83 USING ISO ENDORSEMENT FORM CG 20 26 07 04 'ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION" OR ITS EQUIVALENT. GENERAL LIABILITY POLITY IS PRIMARY AND NON-CONTRIBUTING. FORM CG 25 04 03 97 "DESIGNATED LOCATIONS" GENERAL LIABILITY AGGREGATE LIMIT SBALL BE INCLUDED. GOVERNMENTAL IMMUNITIES ENDORSEMENT ID INCLUDED. ALL POLICIES SBALL BE ENDORSED TO PROVIDE 30 DAY ADVANCE NOTICE OF CANCELLATION TO CITY OF DUBUQUE. LANGUAGE ON GOVERNMBN'PAL IMMUNITIES ENDORSEMENT NEEDS TO HS INCLUDED ON TH8 CERTIFICATE OF INSURANCE, NOT JUST REFERENCED. CITY OF DUBIIQUS, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1.®NTonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy sad the including of the City of Dubuque, Iowa as as Additional Insured does not waive say of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is sow exists sad as it may be amended from time to time. 2.®Claima Coverage. The insurance carrier 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 Claima sot subject to Code of Iowa Section 670.4 shall be covered by the terms sad conditions of this insurance policy 3.®Asaertion 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 sad shall do so upon the timely written request of the insurance carrier. 4.®Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny say of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity ualesa and until a court of competent juriadictioa has ruled in favor of the defease(a) of govarameatal immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preaervatioa of governmental immunities shall not otherwise change or alter the coverage available under the policy. Co11:ZZ54S56 Tp1:686Z63 Cart:10309106 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 INSURED: Tetra Tech, Inc. POLICY NUMBER: HDOG23734825 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization (s) CITY OF DUBUQUE Information re wired to com lete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who is An Insured is amended to in- clued as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY HDOG23734825 CG 25 04 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location: CITY OF DUBUQUE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which can be attributed only to operations at a single designated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed only to operations at a single designated "location" shown in the Schedule above: .y 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: "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. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 04 03 97 © Insurance Services Office, Inc., 1996 POLICY NUMBER: HDOG23734825 COMMERCIAL GENERAL LIABILITY CG20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Location And Description of Completed Operations Or Organization(s) CITY OF DUBUQUE Re: McCann's Service Station; Dubuque, Iowa. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 Policy No: HDOG23734825 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations ITY OF DUBUQUE Re: McCann's Service Station; Dubuque, Iowa. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 07 04 ©LSO Properties, Inc., 2004