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Signed Contract_WPCP Modifications_Strand Associates Outfall Sewer AssessmentMasterpiece on the Mississippi TO: FROM: SUBJECT: DATE: January 28, 2011 INTRODUCTION DISCUSSION BUDGET IMPACT ACTION TO BE TAKEN Attachment Michael C. Van Milligen, City Manager Steve Sampson Brown, Project Manager 0 Water Pollution Control Plant Upgrade Project Strand Associates, Inc. — Engineering Services Agreement Outfall Sewer Assessment Dubuque heig America CR 2007 This memorandum is to seek your approval and execution of the Agreement for Engineering Services between the City of Dubuque and Strand Associates, Inc. (Strand) for the Outfall Sewer Assessment at the Water Pollution Control Plant (WPCP). Through a RFP process, the City plans to select a vendor to perform an ouffall sewer inspection assessment at the WPCP. This will involve the inspection of related manholes and structures for the plant discharge culvert sewer system utilizing sonar /closed circuit television. Strand will provide assistance in: developing the RFP; development of alternatives for sewer and manhole structure rehabilitation /replacement; a report that will include a summary of the data /information collected by the inspection vendor, recommendations, and an estimate of probable cost. This work is necessary due to the overall poor condition of the existing plant discharge pipe. After this detailed assessment has been completed, a capitol improvement budget will be developed to address any noted deficiencies. The estimated fee of $21,000 will be paid out of the contingency funds of the Waste Pollution Control Plant Modifications Project (CIP 7101837). The execution of the Agreement for Engineering Services between the City of Dubuque and Strand Associates, Inc. is requested. cc: Jenny Larson, Budget Director Jonathan Brown, Water Pollution Control Plant Manager Gus Psihoyos, City Engineer Sa STRAND ASSOCIATES, INC.. E N G I N E E R S 910 West Wingra Drive Madison, WI 53715 Phone: 608- 251 -4843 Fax: 608- 251 -8655 Office Locations Madison, WI Joliet, IL Louisville, KY Lexington, KY Mobile, AL Columbus, IN Columbus, OH Indianapolis, IN Milwaukee, WI Cincinnati, OH Phoenix, AZ www.strand.com January 17, 2011 City of Dubuque 50 W. 13th Street Dubuque, IA 52001 -4864 Attention: Mr. Michael C. Van Milligen, City Manager Re: Agreement for Engineering Services Water Pollution Control Plant Outfall Sewer Assessment This is an Agreement between the City of Dubuque, Iowa, hereinafter referred to as OWNER, and Strand Associates, Inc. ® , hereinafter referred to as ENGINEER, to provide engineering services (Services) for the Water Pollution Control Plant (WPCP) Outfall Sewer Assessment project. This Agreement shall be in accordance with the following elements. Scope of Services ENGINEER will provide the following Services to OWNER. 1. Assist OWNER in retaining a third -party contractor to perform the 3- dimensional scan on the manholes /structures and the sonar /CCTV assessment of the outfall sewer, including the segment of sewer in the Mississippi River to provide data, photographs, video, and related information for ENGINEER to use. 2. Attend kickoff meeting at WPCP, which is anticipated to include the third -party contractor by teleconference call. 3. Review data and information provided by third -party contractor and develop a summary of the information. 4. Develop alternatives for sewer and manhole /structure rehabilitation or replacement or both and compare the alternatives on cost and nonmonetary bases. 5. Prepare draft report with assessment summary, recommendations, and an opinion of probable cost. 6. Attend a final meeting at the WPCP to discuss the draft report. 7. Finalize the report based on OWNER's comments and submit three final paper copies and a .PDF copy of the report to OWNER. STRAND ASSOCIATES, INC. ENGINEERS City of Dubuque Page 2 January 17, 2011 Service Elements Not Included The following services are not included in this Agreement. If such services are required, they will be provided as noted. 1. Design, Bidding- and Construction- Related Services: Design, bidding- and construction - related services for the project will require a separate agreement with OWNER. 2. Flood Studies: Any services involved in performing flood and floodway studies, if required, will be provided through an amendment to this Agreement or through a separate agreement with OWNER. 3. Geotechnical Engineering: It is anticipated that geotechnical engineering information will be provided through OWNER and OWNER's geotechnical consultant. If soil borings are required, ENGINEER will assist OWNER in direct procurement of drilling services. 4. Land and Easement Surveys/Procurement: Any services of this type including, but not limited to, a record search, field work, preparation of legal descriptions, or assistance to OWNER for securing land rights necessary for siting sanitary sewer, tanks, and appurtenances will be provided through a separate agreement with OWNER. 5. Permit and Plan Review Fees: All permit and plan review fees payable to regulatory agencies shall be paid for by OWNER. 6. Permit Application and Environmental Documentation: Any services related to Iowa Department of Natural Resources permit application and environmental documentation are anticipated to be provided during the design phase and are not included in this scope. 7. Preparation for and/or Appearance in Litigation on Behalf of OWNER: This type of service by ENGINEER will be provided through a separate agreement with OWNER. 8. Revising Preliminary Designs, and Planning Documents: Any services required after these items have been previously approved by state or federal regulatory agencies, because of a change in project scope or where such revisions are necessary to comply with changed state and federal regulations that are put in force after Services have been partially completed, will be provided through an amendment to this Agreement. 9. Services Related to Buried Wastes and Contamination: Should buried solid, liquid, or potentially hazardous wastes or subsurface or soil contamination be uncovered at the site, follow -up investigations may be required to identify the nature and extent of such wastes or subsurface soil or groundwater contamination and to determine appropriate methods for managing of such wastes or contamination and for follow -up monitoring. Investigation, design, or construction- related services related to buried solid, liquid, or potentially hazardous wastes or soil or groundwater contamination will be provided through a separate agreement with OWNER. RAW:dIh\R:\ MAD \Documents\Agreements\D\Dubuque, City of (IA) \WPCP OutfallSewerAssessmt .2010\Agr \1154.023.docx STRAND ASSOCIATES, INC* E N G I N E E R S City of Dubuque Page 3 January 17, 2011 Compensation OWNER shall compensate ENGINEER for Services on an hourly rate basis plus expenses an estimated fee of $21,000. Expenses incurred such as those for travel, meals, printing, postage, copies, computer, electronic communication, and long distance telephone calls will be billed at actual cost plus 10 percent. Only sales taxes or other taxes on Services that are in effect at the time this Agreement is executed are included in the Compensation. If the tax laws are subsequently changed by legislation during the life of this Agreement, this Agreement will be adjusted to reflect the net change. The estimated fee for the Services is based on wage scale/hourly billing rates, adjusted annually on July 1, that assumes the Services will be completed as indicated. Should the completion time be extended, it may be cause for an adjustment in the estimated fee that reflects any wage scale adjustments made. The estimated fee will not be exceeded without prior notice to and agreement by OWNER but may be adjusted for time delays, time extensions, amendments, and changes in the Scope of Services. Any adjustment will be negotiated based on ENGINEER's increase in costs caused by delays, extensions, amendments, or changes. Schedule Services will begin upon execution of this Agreement, which is anticipated in February 2011. Services are scheduled for completion by August 31, 2011. Standard of Care The Standard of Care for all Services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's Services. OWNER's Responsibilities 1. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to this project including previous reports, previous drawings and specifications, and any other data relative to the scope of this project. 2. Furnish to ENGINEER, as required by ENGINEER for performance of Services as part of this Agreement, data prepared by or services of others obtained or prepared by OWNER relative to the scope of this project, such as soil borings, probings and subsurface explorations, and laboratory tests and inspections of samples, all of which ENGINEER may rely upon in performing Services under this Agreement. RAW: dlh \R:\MAD\Documents\Agreements\D \Dubuque, City of (IA) \WPCP OutfallSewerAssessmt .2010\Agr \1154.023.docx STRAND ASSOCIATES, INC• E N G I N E E R S City of Dubuque Page 4 January 17, 2011 3. Provide access to the site as required for ENGINEER to perform Services under this Agreement. 4. Guarantee access to and make all provisions for ENGINEER to enter upon public and private lands as required for ENGINEER to perform Services under this Agreement. 5. Examine all reports, sketches, estimates, special provisions, drawings, and other documents presented by ENGINEER and shall render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the performance of ENGINEER. 6. Provide all legal services as may be required for the development of this project. 7. Retain the services of a soils consultant to provide any necessary geotechnical evaluation and recommendations. 8. Retain the services of a third -party contractor to provide scanning of the manholes and structures and sonar /CCTV assessment of the outfall sewer. Contractor is anticipated to provide a summary report, data in electronic format, and responses to ENGINEER's inquiries. Opinion of Probable Cost Any opinions of probable cost prepared by ENGINEER are supplied for general guidance of OWNER only. ENGINEER has no control over competitive bidding or market conditions and cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to OWNER. Changes 1. OWNER may make changes within the general scope of this Agreement in the Services to be performed. If such changes cause an increase or decrease in ENGINEER's cost or time required for performance of any Services under this Agreement, an equitable adjustment will be made and this Agreement will be modified in writing accordingly. 2. No services for which additional compensation will be charged by ENGINEER will be furnished without the written authorization of OWNER. The fee established herein will not be exceeded without agreement by OWNER but may be adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. 3. If there is a modification of regulatory or code - related requirements relating to the Services to be performed under this Agreement subsequent to the date of execution of this Agreement, the increased or decreased cost of performance of the Services provided for in this Agreement will be reflected in an appropriate modification of this Agreement. Extension of Services This Agreement may be extended for additional Services upon OWNER's authorization. Extension of Services will be provided for on an hourly rate basis plus expenses. RAW:dlh\R:\ MAD\ Documents\Agreements\D\Dubuque, City of (IA) \WPCP OutfallSewerAssessmt .2010\Agr \1154.023.docx STRAND ASSOCIATES. INC* E N G I N E E R S City of Dubuque Page 5 January 17, 2011 Payment OWNER shall make monthly payments to ENGINEER for Services performed in the preceding month based upon monthly statements. Nonpayment 30 days after the date of receipt of invoice may, at ENGINEER's option, result in assessment of a 1 percent per month carrying charge on the unpaid balance. Nonpayment 45 days after the date of receipt of invoice may, at ENGINEER's option, result in suspension of Services upon five calendar days' notice to OWNER. ENGINEER will have no liability to OWNER, and OWNER agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by OWNER. Upon receipt of payment in full of all outstanding sums due from OWNER, or curing of such other breach which caused ENGINEER to suspend Services, ENGINEER will resume Services and there will be an equitable adjustment to the remaining project schedule and compensation as a result of the suspension. Data Provided by Others ENGINEER is not responsible for the quality or accuracy of data nor for the methods used in the acquisition or development of any such data where such data is provided by or through OWNER, contractor, or others to ENGINEER and where ENGINEER's Services are to be based upon such data. Such data includes, but is not limited to, soil borings, groundwater data, chemical analyses, geotechnical testing, reports, calculations, designs, drawings, specifications, record drawings, contractor's marked -up drawings, and topographical surveys. Insurance ENGINEER will maintain throughout the terms of this Agreement insurance in accordance with the attached City of Dubuque Insurance Schedule C. Change in Scope of Services No change in scope will be permitted during this project without the prior written agreement of both parties and the Scope of Services being amended. Substitution of Project Team Members The Project Manager, partners, management, other supervisory staff, and technical specialists proposed for the project may be changed if personnel are no longer employed by ENGINEER. These personnel may also be changed for other reasons. However, in either case, OWNER retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express, prior written permission of OWNER. Indemnification To the fullest extent permitted by law, ENGINEER will indemnify and hold harmless OWNER from and against all claims, damages, losses and expenses, including but not limited to reasonable attorneys' fees, arising out of or resulting from performance of this Agreement, RAW:dlh\R:\ MAD\ Documents\Agreements\D\Dubuque, City of (IA) \WPCP OutfallSewerAssessmt .2010\Agr11154.023.docx STRAND ASSOCIATES, INC.• ENGINEERS City of Dubuque Page 6 January 17, 2011 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 resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of ENGINEER, ENGINEER's subconsultant, or anyone directly or indirectly employed by ENGINEER or ENGINEER's subconsultant or anyone for whose acts ENGINEER or ENGINEER's subconsultant may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Errors and Omissions In the event that the Services product prepared by ENGINEER is found to be in error and revision or reworking the Services product is necessary, ENGINEER agrees that it shall do such revisions without expense to OWNER, even though final payment may have been received. ENGINEER must give immediate attention to these revisions so there will be a minimum of delay during construction. The above and foregoing are not to be construed as a limitation of OWNER's right to seek recovery of damages for negligence on the part of ENGINEER herein. Ownership of Engineering Documents All sketches, tracings, drawings, specifications, reports on special studies, and other data prepared under this Agreement shall become the property of OWNER and shall be delivered, if requested, to OWNER upon completion of the drawings or termination of the services of ENGINEER. There shall be no restriction or limitation on their future use by OWNER, except any use on extensions of the project or on any other project without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER. OWNER acknowledges ENGINEER's drawings and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the drawings and specifications prepared under this Agreement shall become the property of OWNER upon completion of the services and payment in full of all moneys due to ENGINEER. OWNER is aware that significant differences may exist between the electronic files delivered and the respective construction documents because of addenda, change orders, or other revisions. If there is a conflict between the signed construction documents prepared by ENGINEER and the electronic files, the signed construction documents shall govern. OWNER may reuse or make modifications to the drawings and specifications or electronic files while agreeing to take sole responsibility for any claims arising from any modification or unauthorized reuse of the drawings and specifications. Subletting, Assignment, or Transfer Subletting, assignment, or transfer of all or part of the interest of ENGINEER in this Agreement is prohibited unless written consent is obtained from ENGINEER and approved by OWNER. RAW:dlh\R:\ MAD\ Documents \Agreements\D',Dubuque, City of OAP/PCP OutfallSewerAssessmt.2010\Agr \I 154.023.docx STRAND ASSOCIATES. INC.. E N G I N E E R S City of Dubuque Page 7 January 17, 2011 Termination This Agreement may be terminated with cause in whole or in part in writing by either party subject to a two -week notice and the right of the party being terminated to meet and discuss the termination before the termination takes place. ENGINEER will be paid for all completed or obligated Services up to the date of termination. Third -Party Beneficiaries Nothing contained in this Agreement creates a contractual relationship with or a cause of action in favor of a third party against either OWNER or ENGINEER. ENGINEER's Services under this Agreement are being performed solely for OWNER' s benefit, and no other party or entity shall have any claim against ENGINEER because of this Agreement or the performance or nonperformance of Services hereunder. OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors, and other entities involved in this project to carry out the intent of this provision. Dispute Resolution Except as otherwise provided in this Agreement, either party may request non - binding mediation of any claim or dispute arising out of or relating to this Agreement. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the date of this Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to this Agreement. The parties shall participate in the mediation process in good faith. The process shall be concluded within 60 days of the request. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement. ENGINEER: STRAND ASSOCIATES, INC. -4," r f B f ii g3i/// Matthew S. Richards Date ichael . Van ge Date Corporate Secretary City Manager RAW:dih\R: WAD \Documents\ Agreements \D\Dubuque, City of (IA) \WPCP OutfallSewerAssessmt.2010\Agr \I 154.023.docx OWNER: CITY OF DUBUQUE INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. 2. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the City of Dubuque, except for a ten (10) day notice for non- payment, if cancellation is prior to the expiration date. 3. Strand Associates, Inc. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non - contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunities Endorsement. Strand Associates, Inc. shall upon request, provide Certificates of Insurance for all sub consultants and sub -sub consultants who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the insurance requirements as required of Insurance Schedule C for the City of Dubuque dated January 2008. 4. Each certificate from all sub consultants and sub -sub consultants shall be submitted to the engineer. The engineer shall submit a certificate to the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. -6. Engineer- shall -be- required to carry the- following - minimum coverage/limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products- Completed Operations Aggregate Limit $1;000;000 Personal and Advertising Injury Limit $1,000.4U0 Each Occurrence Limit $1,000,000 Fire Damage limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 1 of 2 July.2010 INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE This coverage shall be written on an occurrence form, not claims made form. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97 'Designated Location (s) General Aggregate Limit' shall be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: 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 shall be named as an additional insured on General Liability including. "ongoing operations" coverage equivalent to ISO CG 20 10 07 04. b) Automobile $1,000,000 combined single limit. c) WORKERS COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident Each Employee Disease Policy Limit Disease d) PROFESSIONAL LIABILITY e) UMBRELLA /EXCESS LIABILITY Completion Checklist INSURANCE SCHEDULE C (Continued) $ 100,000 $ 100,000 $ 500,000 $5,000,000 $10,000,000 ❑ Certificate of Liability Insurance (2 pages) ❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) ❑ Additional Insured CG 20 10 07 04 ❑ Governmental Immunities Endorsement 2of2 July2010 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING At' REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAII THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND •CONDITIONS OF SUCH POLICIE AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR INSRD TYPE OF INSURANCE ' POUCY NUMBER DATE( POLICY T( MMt EXPIRATION LIMITS • A X GENERAL UABIUTY COMMERCIAL'GENERAL LIABILITY . - - •• • — • . EACH OCC . $ 1, 000, 0 X PREMISES PREMISES S 50,0 CLAIMS MADE ' F1 OCCUR -MED EXP one • erson $ 5,0 ' PERSONAL 8 ADV INJURY $ 1,000,0 ■ GENERAL AGGREGATE $ 2,000;0 GEN'L AGGREGATE L PER PRODUCTS -COMP/OP AGO S 1,000,0 • POLICY I x I JEC ri LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS • HIRED AUTOS NON -OWNED AUTOS ' COMBINED SINGLE OMIT (Ea accident) 1, 000 X ■ BODILY INJURY (Per person) S BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) • GARAGE LIABILITY ANY AUTO " - ' .- ( _ AUTO ONLY- EA ACCIDENT S ■ OTHER THAN EA ACC $ ■ _ FXCESSIUIdBRELL"AUABICITY AUTO ONLY: AGG -- - " / /. '- _; , le I __.. _ . •EACH'OCCU'RE CE ..._ »"- 00 S""' /�; 0 r C X OCCUR ( 1 CLAIMS MADE AGGREGATE S. Q 000,C DEDUCTIBLE RETENTION $ 0 5 ■ $ X S A ' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY . ANY PROPRIETOR/PARTNERIEXECUTNE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS t e ow 4 , ® ' gg77•pp77 TORYLIMIUTS ■ ER E.L EACHACCIDENT S 100, C E.L DISE • FA EMPLOYEES 100 C r E.L DISEASE-POLICY LRAM 5 500 C A OTHER Professional - Liability • - - • '$5,00 DESCRIPTION OF OPERATIONS ILOCATUONSNEHICLESIEXC ADDED By ENDORSEMENT /SPECIAL PROVISIONS - The Cites J' Dubuque is an additional insured on general liability policies including ongoing & completed operations coverage equivalent to 180 CG 2010 0704 & CG :2037 0704. General I,iabiliiy policy is Piimaiy & non - contributing, son CG 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorseall is included. ACORD�, CERTIFICATE OF LIABILITY INSURANCE PRODUCER (563) 123 -4567 _Insurance Agency Street Address City ST Zip Code FAX (563) 987 -6593 INSURED Company Street City St Zip Code THIS CERTIFICATE IS ISSUED AS A MATTER 0 ONLY AND CONFERS NO RIGHTS UPON TH HOLDER. THIS CERTIFICATE DOES NOT AMEN ALTER THE COVERAGE AFFORDED BY THE POL1 INSURERS AFFORDING COVERAGE INSURER A: Insurance Company INSURER B: INSURER C: INSURER 0: INSURER E: NAI COVERAGES CERTIFICATE HOLDER City of Dubuque •50 West 13th Street Dubuque, IA 52001 CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1N5025 (0108(.06 AMS - VMP Mortgage Solutions, Inc. (800)327 -0545 DATE (MM/DD/YYY1 '12/7/2007 F INFORMATION E CERTIFICATE D, EXTEND OR 1ES BELOW. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 11 EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO M/ 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, e FAILURE TO DO 30 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON.T INSURER, ITS AGENTS OR REPRESENTATIVES. ® ACORD CORPORATION ' . Page ACORD 25 (2001108) INS025 (0108).06 • AMS 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..plicles listed thereon. Pape 2 of 2 • . 'POLICY NUMBER: 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(s): ANY AND ALL COVERED LOCATIONS (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 "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION`1), which can be attributed only to operations at a single desig- nated "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 dam- ages because of "bodily injury" or "property damage" included In the "products - completed operations hazard ", and for medical expenses .under COVERAGE C regardless of the num- ber' of: a. Insureds; . b. Claims made or "suits° brought; or c. Persons or organizations making claim's or bringing " suits". 3.. Any payments made under COVERAGE A for :. damages or under_COVERAGE C for medical ,__ expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location ". Such payments shall not re- duce the General Aggregate Limit shown in COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 the Declarations nor shall they reduce any other Designated Location General Aggre- gate 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 Ex- pense 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 "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C .(SECTION 1), which can- not be attributed only to operations at a single designated "location" shown in the ' Schedule 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- n3ted Lccs!icn Gener l•Aggregate Limit. CG 25 04 03 97 Page.1 of 2 CG25040397 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 Location. Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of • the following definition: Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 "Location' means premises invoiving•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 111) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 04 03 97 • Name Of Additional Insured person(s) Or Or. anlzation s i 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 member;;, employees and volunteers. . Locatlon(s) Of Covered Operations 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 CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED P.ERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. Section it — 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 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 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 CG 20 10 07 04 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental 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 governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is. now exists and as it may be amended from time to time. 2. Claims 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 claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage underr 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. • No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN 1 of 1 January 2008