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Signed Contracts_Storm Sewer Improvements_South Main & Jones StreetsMasterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer 01; DATE: April 5, 2010 SUBJECT: Storm Sewer Improvements — South Main & Jones Streets Dubuque kitill All - America City ' 2007 L Attached is a Short Form Improvement Contract between the City of Dubuque and Top Grade Excavating (Epworth, Iowa) for storm sewer improvements at South Main and Jones Streets. Upon execution of the noted contract, please return to the Engineering office. Attach. Masterpiece on the Mississippi City of Dubuque Engineering Dept. 50. W. 13` Street Dubuque, IA 52001 CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT (563) 589 -4270 (563) 589 -4205 FAX THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and 7` ©P GIZAD,4 I Xe,4-v /.T(IJ (Contractor Name) � Pwo/trH .fit (Contractors Address - City and State) PROJECT TITLE: CONTRACTOR AGREES: <sro R Nc. (si wi t/1 P/Ld ✓lsZ,-t,,v rs 4r /144 Al d- aoNC - s 7 For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. To furnish all material and equipment and to perform all labor necessary for (the Project): THE RE PI- A CE,cu J t P f - c-A-TGH 11.44i/J „ZSTO/LF4 SEu)Erc 4,w-to Las AND 1 SE}N /i - ,+LY .rrsFNFIOLE sFFaNG G,erfl 3'3 ' o R ,rroap-t .s-swE,rZ APE. The work described above shall be completed at the following location(s): TOOLS ,F Sou-TH 14/1-ra1 ST ,,vrE,Ls 6cT(o,.) The Project shall be constructed to the existing grades and to any revised grades as described in this Project contract; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the Contract Documents which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detailed statements thereof were repeated herein. Page 1 of 4 (Contractor) of the City of 2. Contract Documents shall mean and include the following: This Improvement Contract; all ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Contractor's Proposal; and the conditions described in the Contract, including any Special Conditions, Plans and Specifications and General Requirements as adopted by the City Council for the Project. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Five percent (5 %) of the Contract price may be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Manager to pay any claim that may be filed within said time 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 time, as provided in Iowa Code Chapter 573. The City shall 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 shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the City of Dubuque Standard Specifications including General Requirements and has examined and understands the project description described in Section 1 and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 7. The Contractor shall guarantee for a period two years and make good any other defect in any part of the Project due to improper construction or material performance notwithstanding the fact that said Project may have been accepted and fully paid for by the City. The guarantee shall commence on the date that the City pays full compensation for the complete performance of this contract. 8. The Contractor shall fully complete the Project under this Contract on or before MA /sr czar (DATE) 9. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Page 2 of 4 10. Unless otherwise specified in the Contract Documents, prior to the commencement of any work on the Project and at all times during the performance of this Contract, the Contractor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule for Artisan Contractors or General Contractors. THE CITY AGREES: Upon the completion of the Contract, and the acceptance of the Project by the City Manager, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total number of units completed at the unit prices stated in the Contractor's Proposal and less any liquidated damages provided for in the Contract Documents. The number of units stated in the contract, special conditions and contractors proposal is approximate only and the final payment shall be made by the work covered by the Contract. By: CONTRACT ESTIMATED AMOUNT $ /vi Oa O 122- THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF /D % OF THE ABOVE LISTED ESTIMATED AMOUNT. CITY OF DUBUQUE, IOWA Michael C. Van Milligen City Manager Page 3 of 4 CONTRACTOR: B la( Q-eA0t VArTUJ Company Name ure l at JA-01) Ook pm c I, Printed Name O. ir.t t ak51 ()till Title CON CTOR ACK OWLEDGEMENT OF HED ' � �IAL CONDITIONS: By. � 05 e ture Date I Printed Name l Title The following special conditions shall apply to this Project: 01 1)06.10ABIE Page 4 of 4 REV. 07/07 rr,c1 IJ IL, ',arc I Ir T I rip ti 1111 rvut:Itb Ut INSUKANCE 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X I OCCUR A ACP 7161461106 12/23/2009 12/23/2010 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 100, 000 CLAIMS -MADE MED CXP (Any one person) $ 5, 000 GEN'L PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: LOC PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X IFCT $ A AUTOMOBILE }{ LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Owned Private Pass. Autos ACPBAPD71614 6110 6 12/23/2009 12/23/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ACP CAA 7161461106 12/23/2009 12/23/2010 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS y / N Y N/A ACPWC 7161461106 12/23/2009 12/23/2010 x WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 below EL. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space s required) The City of Dubuque is an additional insured on General Liability Policies incl. Ongoing & Completed Operations coverage equivilant to ISO CG 2010 0704 & CG 2037 0704. General Liability policy is Primary Non - contributing form CG 2503 0397, "Designated Projects" General Liability Aggregate Limit shall be ACC) OR { V CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/05/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Urbain Insurance Group 9165 E Tamarack Dr Dubuque, IA 52003 INSURED Top Grade Exc Inc 302 N Center Ave Epworth, IA 52045 -0181 563 - 744 -9077 563 - 876 -9811 CONTACT NAME: Urbain, Rick M 563- 583 -7722 PHONE (NC No Fxt): E-MAIL ADDRESS: FAX (NC. No): 866- 843 -6317 accountmngr @uainsurance.com PRODUCER 1002349 CUSTOMER ID #. INSURER(S) AFFORDING COVERAGE INSURER A: Allied INSURER B: INSURER C: INSURER D: INSURER E : INSURER F : NAIC # COVERAGES CERTIFICATE NUMBER: CERTIFICATE HOLDER ACORD 25 (2009/09) CANCELLATION REVISION NUMBER: City of Dubuque City Hall 50 W 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1' \ RICK N URBAIN © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY Urbain Insurance Group NAMED INSURED Top Grade Exc Inc 302 N Center Ave Epworth, IA 52095 -0181 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ACORD ADDITIONAL REMARKS ACORD 101 (2008/01) AGENCY CUSTOMER ID: 1002399 LOC #: ADDITIONAL REMARKS SCHEDULE Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE' Certificate of Liability Insurance CERTIFICATE NUMBER: REVISION NUMBER: incl. Governmental Immunities Endorsement is Incl. Waiver of Subrogation in favor of City of Dubuque c Workers Compensation. All policies shall be endorsed to provide 30 days advance notice of cancellation. Project: "Storm Sewer Improvements at S Main and Jones St" © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: ACP MCTO 7161461106 Named Insured: TOP GRADE EXCAVATING INC Address: PO BOX 181 EPWORTH IA 52045 -0181 Agent: URBAIN & ASSOCIATES L L C 14-20397 -000 Address; DUBUQUE IA 52003 Policy Period: From 12/23/09 to 12/23/10 12:01 A.M. standard time at the address of the named insured as stated herein. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT (other than products - completed operations) PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT (any one premises) MEDICAL EXPENSE LIMIT (any one person) Retroactive Date (CG0002 only) The Named Insured is: CORPORATION Business of the Named Insured is: EXCAVATION CONTRACTOR Audit Period: ANNUAL ENDORSEMENTS ATTACHED TO THIS POLICY SEE COMMERCIAL GENERAL LIABILITY FORMS AND ENDORSEMENTS SCHEDULE Replacement or Renewal Number ACP MCT07151461106 A PACKAGE MODIFICATION FACTOR HAS BEEN APPLIED GL -D (10 -98) DIRECT BILL L4EK 09355 AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 1100 DES MOINES, IA 50391 -2000 COMMERCIAL GENERAL LIABILITY DECLARATIONS Countersigned By A'''' 0 V-{ 41 -; I Authorized Representative 20397 RENEWAL ALLIED SERIES 2,000,000 2,000,000 1,000,000 1,000,000 100,000 5,000 AGENT COPY ACP MCTO 7161461106 916213579 74 0005215 Number of Days' Notice 30 CG 02 24 (10 -93) ACP MCT07161461106 L4EK 09355 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Copyright, Insurance Services Office, Inc., 1992 CG 02 24 (10 -93) (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as ap- plicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. AGENT COPY 74 0005226 Name Of Additional Insured Person(s) Or Organization(s): 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 MEMEBERS EMPLOYEES AND VOLUNTEERS. CITY OF DUBUQUE, IA 50 W 13TH ST DUBUQUE, IA 52001 Location(s) Of Covered Operations Storm Sewer Improvements at S Main & Jones St Information required to complete this Schedule, if not shown above, will be shown in the Declarations. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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 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; CG 20 10 07 04 ACP MCT07161461106 L4EK 09355 AGENT COPY in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: Page 1 of 2 74 0005227 1. All work, including materials, parts or equip- ment 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 insured(s) 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 in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 © ISO Properties, Inc., 2004 ACP MCT07161461106 L4EK 09355 AGENT COPY CG 20 10 07 04 74 0005228 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION POLICY NUMBER: 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 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 CITY OF DUBUQUE, IA 50 W 13TH ST DUBUQUE, IA 52001 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions 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. All terms and conditions of this policy apply unless modified by this endorsement. CG 20 26 07 04 Includes copyrighted material of Insurance Services Office, Inc. with permission. © ISO Properties, Inc., 2004 ACP MCT07161461106 L4EK 09355 AGENT COPY Page 1 of 1 74 0005275 Name Of Additional Insured Person(s) Or Organization(s): CITY OF DUBUQUE SEE BLANK FORM 28 DUBUQUE, IA, 52001 Location And Description Of Completed Operations Storm Sewer Improvements at S Main & Jones St Information required to complete this Schedule, if not shown above, will be shown in the Declarations. POLICY NUMBER: 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 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 CG 20 37 07 04 All terms and conditions of this policy apply unless modified by this endorsement. ACP MCT07161461106 L4EK 09355 AGENT COPY © ISO Properties, Inc., 2004 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products- completed opera- tions hazard ". Page 1 of 1 74 0005280 POLICY NUMBER: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIO NS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. SCHEDULE CG 24 04 05 09 © Insurance Services Office, Inc., 2008 ACP MCTO71 61 461 1 06 L4EK 09355 AGENT COPY COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Name Of Person Or Organization: CITY OF DUBUQUE 50 W 13TH ST DUBUQUE, IA 50021 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. All terms and conditions of this policy apply unless modified by this endorsement. Page 1 of 1 74 0005283 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT POLICY NUMBER: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): ALL PROJECTS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard ", and for medi- cal 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 ". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 ACP MCTO71 61 461 1 06 L4EK 09355 AGENT COPY 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. Page 1 of 2 74 0005290 CG 25 03 05 09 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attrib- uted only to ongoing operations at a single des- ignated construction project shown in the Sched- ule above: 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 Desig- nated Construction Project General Aggre- gate Limit. Page 2 of 2 All terms and conditions of this policy apply unless modified by this endorsement. ACP MCTO7161461106 L4EK 09355 AGENT COPY C. When coverage for liability arising out of the "products- completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section 11I — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. © Insurance Services Office, Inc., 2008 CG 25 03 05 09 74 0005291 POLICY NUMBER: COMMERCIALGENERAL LIABILITY CG 71 56 08 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON - CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF DUBUQUE 50 W 13TH ST DUBUQUE, IA 52001 -4805 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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", "prop- erty 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 on- going operations for the additional in- sured(s) at the location(s) designated above. No such person or organization is an addi- tional insured for liability arising out of the "products- completed operations hazard ". B. With respect to the insurance afforded to these additional insureds, the following additional ex- clusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 insured(s) 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 subcontrac- tor engaged in performing operations for a principal as a part of the same project. C. The following is added to SECTION III- LIMITS OF INSURANCE: The limits of insurance applicable to the addi- tional insured are those specified in the written contract between you and the additional insured, or the limits available under this policy, which- ever are less. These limits are part of and not in addition to the limits of insurance under this pol- icy. CG 71 56 08 04 Includes copyrighted material of ISO Properties, Inc., with its permission. ACP MCT07161461106 L4EK 09355 AGENT COPY Page 1 of 2 74 0005296 CG 71 56 08 04 D. With respect to the insurance provided to the person or organization shown in the Schedule of the Endorsement, Condition 4. Other Insur- ance is replaced by the following: 4. Other Insurance If other valid and collectible insurance is available to the additional insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when it is excess as provided under part b., below. When this insurance is pri- mary, we will not seek contribution from other insurance available to the person or organization shown in the Schedule of this endorsement. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contin- gent or on any other basis: (a) That is Fire, Extended Cover- age, Builder's Risk, Installa- tion Risk or similar coverage for "your work "; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occu- pied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of air- craft, "autos" or watercraft to the extent not subject to Ex- clusion g. of Section I - Cov- erage A - Bodily Injury And Property Damage Liability Page 2 of 2 All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of ISO Properties, Inc., with its permission. CG 71 56 08 04 ACP MCT071 61 461 1 06 L4EK 09355 AGENT COPY When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insur- ance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance available to the additional insured permits con- tribution by equal shares, we will fol- low this method also. Under this ap- proach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance available to the additional insured does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total applicable limits of insurance of all insurers. 74 0005297 Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations CITY OF DUBUQUE 50 W 13TH ST DUBUQUE, IA 52001 PROJECT: Storm Sewer Improvements at S Main & Jones St Information required to complete this Schedule, if not shown above, will be shown in the Declarations. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 71 60 08 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 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(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 endorse- ment performed for that additional insured and included in the "products- completed operations hazard ". B. With respect to the insurance provided to the person or organization shown in the Schedule of the Endorse- ment the following provisions apply: 1. We will have the right and duty to defend the additional insured against any "suit" seeking damages to which this endorsement applies. However, our duty to defend the additional insured is limited to defending only those claims or "suits" specifically pertaining to "bodily injury" or "property damage" caused by "your work" at the location designated and described in the schedule of this endorsement performed for that ad- ditional insured and included in the "products- completed operations hazard ". We will have no duty to de- fend any claims or "suit" pertaining to any other liability on the part of the additional insured. 2. This insurance does not apply to liability arising out of the sole negligence or willful misconduct of the addi tional insured. All terms and conditions of this policy apply unless modified by this endorsement. CG71 60 08 04 Includes copyrighted material of Insurance Services Office, Inc. with permission. © ISO Properties, Inc., 2004 ACP MCT071 61 461 1 06 L4EK 09355 AGENT COPY Page 1 of 1 74 0005304 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT WAIVER 1. NONWAIVER OF GOVERNMENT IMMUNITY THE INSURANCE CARRIER EXPRESSLY AGREES AND STATES THAT THE PURCHASE OF THIS POLICY AND THE INCLUDING OF THE CITY OF DUBUQUE, IOWA AS AN ADDITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSES OF THE 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 AMMENDED FROM TIME TO TIME 2. CLAIMS COVERAGE THE INSURANCE CARRIER FURTHER AGREES THAT THIS POLICY OF ISURANCE SHALL COVER ONLY THOSE CLAIMES NOT SUBJECT TO THE DEFENSE OF GOVERNMENTAL IMMUNITY UNDER THE CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. THOSE CLAIMS NOT SUBJECT TO THE CODE OF IOWA SECTION 670.4 SHALL BE COVERED BY THE TERMS AND CONDITIONS OF THIS INSURANCE POLICY. 3. ASSERTION OF GOVERNMENT IMMUNITY THE CITY OF DUBUQUE, IOWA SHALL BE RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMUNITY, AND MAY DO SO AT ANY TIME AND SHALL DO SO UPON THE TIMELY WRITTEN REQUEST OF THE INSURANCE CARRIER. 4. NON - DENIAL COVERAGE THE INSURANCE CARRIER SHALL NOT DENY COVERAGE UNDER THIS POLICY AND THE INSUREANCE 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 COUNT OF COMPETENT JURISDICTION HAS RULED IN FAVOR OF THE DEFENSE(S) OF GOVERNMENTAL IMMUNITY ASSERTED BY THE CITY OF DUBUQUE, IOWA. NO OTHER CHANGE IN POLICY. THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES SHALL NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY 28 (01 -86) ACP MC7071 61 461 1 06 L4EK 09355 28 (01 -86) AGENT COPY 74 0005307 RE: CG2010 CG2026 FOR CITY OF DUBUQUE THE CITY OF DUBUQUE, INCLUDING ALL ITS ELECTED OFFICIALS, ALL ITS EMPLOYEES AND VOLUNTEERS, ALL ITS BOARDS, COMMISSIONS AND /OR AUTHORITIES, AND THEIR BOARD MEMBERS, EMPLOYEES, AND VOLUNTEERS ARE ADDITIONAL INSUREDS ON THE GENERAL LIABILITY POLICY WITH RESPECT TO THE: US 20 PROJECT 28 (01 -86) ACP MCT071 61 461 1 06 L4EK 09355 28 (01 -86) AGENT COPY 74 0005308 RE: CG203 COMPLETE INFORMATION ADDITIONAL INSURED: OWNER,LESSEES OR CONTRACTORS - COMPLETED OPERATIONS THE CITY OF DUBUQUE, INCLUDING ALL ITS ELECTED AND APPOINTED OFFICIALS, ALL ITS EMPLOYEES AND VOLUNTEERS, ALL ITS BOARDS, COMMISSIONS AND /OR AUTHORITIES A AND THEIR BOARD MEMBERS, EMPLOYEES AND VOLUNTEERS. CITY OF DUBUQUE, IA 50 W 13TH ST DUBUQUE, IA 52001 28 (01 -86) ACP MCT07161461106 L4EK 09355 28 (01 -86) AGENT COPY 74 0005311- . STANDARD WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY AMCO INSURANCE COMPANY (11444) Issued by: 1100 LOCUST ST DEPT 1100 DES MOINES, IA 50391 -2000 INFORMATION PAGE Policy No: ACP WCA 71 6 1461106 as RenewedOn 12/23/09 Printed On 12/21/09 1. Name of Insured: TOP GRADE EXCAVATING INC Mailing Address: PO BOX 181 EPWORTH IA 520450181 Agent: URBAIN & ASSOCIATES L L C 74 14 20397 DUBUQUE IA 520039314 Federal ID 1.) 200514092 2.) 3.) 4.) Other Workplaces: See Schedule of Locations The insured is a(n) Individual: Partnership: Corporation: X Limited Liab Co: Other: 2. The policy period is from 12:01 AM standard time on 12/23/09 to 12/23/10 at the insureds mailing address. 3. Coverage. A. Workers Compensation Insurance: Part One applies to the Workers Compensation Law of the states listed here: IOWA B. Employers Liability Insurance: Part Two applies to work in each state listed in 3A. The limits of our liability under Part Two are: Bodily Injury by Accident 1,000,000 each accident Bodily Injury by Disease 1,000,000 each employee Bodily Injury by Disease 1,000,000 policy limit C. Other States Insurance: Part Three applies to the states listed here: All states except North Dakota, Ohio, Washington, West Virginia, Wyoming. D. This policy includes these endorsements and schedules: SEE ATTACHED SUPPLEMENTAL INFORMATION PAGE. Misc. Policy Information Prior Policy: ACP WCA 7151461106 Underwriter: 74- 22 Countersigned by: Intra -State ID: 140084050 Date WCD (10 -98) direct bill. LEEV AGENTS COPY 74 0005359 WC000313 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. CITY OF DUBUQUE, IA 50 W 13TH ST DUBUQUE, IA 52001 Storm Sewer Improvements at S Main & Jones St WC000313 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. CITY OF DUBUQUE, IA 50 W 13TH ST DUBUQUE, IA 52001 Storm Sewer Improvements at S Main & Jones St 28 (01 -86) 28 (01 -86) ACP WCA 7161461106 LEEV AGENTS COPY 74 0005374