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Improvement Contract_Grand River Center Carpet Replacement ProjectCITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the 6th day of December, 2011, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Floor Show Companies, 1475 Associates Drive of the City of Dubuque, IA 52002. For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the GRAND RIVER CENTER EXHIBIT HALL CARPET REPLACEMENT PROJECT (the Project). The Project shall be made to the established grade and to the grades as shown on the profiles and cross sections on file in the City Engineer's office for this Project, 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 all of which provisions and documents are each and all hereby made a part of this Contract just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, 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 shall be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim 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 aims are not adjusted within that time, as provided in Iowa Code Chapter 573. The C:ity shall also retain additional surns lo pretext itself against am! c:1 iro !-.)oen filed darriacr-3 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 specifications including General Requirements and has examined and understands the plans 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. In addition to the guarantee provided for in the specifications, the Contractor shall also make good any other defect in any part of the Project due to improper construction notwithstanding the fact that said Project may have been accepted and fully paid for by the City, and the Contractor's bond shall be security therefore. 8. The Contractor shall fully complete the Project under this Contract on or before March 2, 2012. 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, 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. THE CITY AGREES: Upon the completion of the Contract, and the acceptance of the Project by the City Council, 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 plans and specifications is approximate only and the final payment shall be made by the work covered by the Contract. CONTRACT AMOUNT $89,358.00 FURTHER CONDITIONS The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer, whereby it has paid or is to pay any other bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any agreement or arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the letting of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event be less than $100.00 (One Hundred Dollars) (Refer to Liquidated Damages Table) as liquidated damages to the City. The surety on the bond furnished for this Contract, shall in addition to all other provisions, be obligated to the extent provided for by Iowa Code § 573.6, relating to this Contract, which provisions apply to said bond. The Contractor agrees, and its bond shall be surety therefore, that it will keep and maintain the Project in good repair for a period of two years after acceptance of the same by the City Council and its bond shall be security therefore. CITY OF DUBUQUE, IOWA By City Manager CE PRINCIPAL: B L-C6 e_S COINA0At,51.L—S Contractor _ t---.411111.■ Signature v-va.6,c-f Title TIFICATE OF CITY CLERK This is to certify that a certified copy of the above Contract has been filed in my office on the day of , , 2011. Kevin S. Firnstahl, C C, City Clerk CITY OF tUBUQUE, IOWA PERORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Floor Show Companies as Principal (Contractor) andNationwide Mutual Insurance Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $89,358 the same being 100% of the total price of the Contract for the Project herein referred to, lawful money of the United States of America, well and truly to be paid to said City of Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, this 6th day of December, 2011, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated December 6, 2011, incorporated herein by reference, has agreed with said City of Dubuque to perform all labor and furnish all materials required to be performed and furnished for the GRAND RIVER CENTER EXHIBIT HALL CARPET REPLACEMENT PROJECT (the Project) according td the Contract and Construction Documents prepared therefore. It is expressly understood and agreed by the Contractor and Surety bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE BOND: The Contractor shall well and faithfully observe, perform, fulfill and abide by each and every covenant, condition and part of said Contract and Contract Documents, by reference made a part hereof, for the Project, and shall indemnify and save harmless the City from all outlay and expense incurred by the City by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT BOND: The Contractor and the Surety shall pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price which the City is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants againsq said portion of the contract price shall have boon established as provided The Contractor and Suroty hereby bind themselves to the obligations -ant) conditions set forth in Chapter 573, Code of Iowa, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE BOND The Contractor and the Surety hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two (2) year(s) from the date of acceptance of the work under the Contract by the City Council of the City of Dubuque, Iowa, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the City the reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the City all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's agreement herein made extends to defects in workmanship or materials not discovered or known to the City at the time such work was accepted. NOW, THEREFORE, the condition of this obligation is such that if the said Contractor shall perform all of the work contemplated by the Contract in a workmanlike manner and in strict compliance with the plans and specifications, and will pay all claims for labor and materials used in connection with said Project, to indemnify the said City for all damages, costs and expense incurred by reason of damages to persons or property arising through the performance of said Contract, and will reimburse the City for any outlay of money which it may be required to make in order to complete said Contract according to the Construction Documents and will maintain in good repair said Project for the period specified in the Contract where this bond is obligated for maintenance, and will faithfully comply with all of the provisions of Section 573 of the Code of Iowa, then this obligation shall be null and void, otherwise it shall remain in full force and effect. All the conditions of this bond must be fully complied with before the Contractor or the Surety will be released. The Contract, Contractor's Proposal, and Construction Documents shall be considered as a part of this Bond just as if their terms were repeated herein. Dated at Dubuque, Iowa this 28th day of December , 2011. cirf OF DIJBU OUE, IOWA BY: 'rduAh.t. 1 City Manager PRINCIPAL: The Floor Show Corporation Title SURETY: By: Nationwide Mutual Insurance Company Surety Company L. Signature Terrn'ce J. Friedman Attorney-in-Fact Title Dubuque, Iowa 52001 City, State, Zip Code 563-556-0272 Telephone Terrance J. Friedman Attorney In-Fact KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: TERRANCE J. FRIEDMAN MARK J. PIIALEN ROBERT J. MILLER SCOTT A. DESOUSA DUBUQUE IA each in their individual capacity, its true and lawful attorney -in -fact, with full power and authorityto sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of ONE MILLION AND NO /100 DOLLARS $ 1,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Companythereto; provided, however, that said seal shall not be necessary for the validity of any such documents," This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 1 1t'' day of August , 2009. Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance Company ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF POLK: ss On this 1 1"' day of August 2009, before me came the above -named officer for the Companies aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. Notary Public My Commission Expires CERTIFICATE March 24, 2011 I, Kathy R. Richards, Assistant Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seals of said Companies this 23 th day of.._ December 20 11 1-his 6'ower of AtiOrney Expires 02,22 /a3 20600 BDJ '1 (08/09) Assistant Secretary 547564 AMRD DATE (MM /DD/YYYY) 12/28/2011 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 Friedman Insurance, Inc. 880 Locust Street - Suite 200 P 0 Box 759 Dubuque IA 52004 -0759 INSURED The Floor Show Corp 1475 Associates Dr. Dubuque IA 52002 CONTACT NAME: Joni Talsma, CISR PHONE (563) 556 -0272 (A/C, No, Ext): E -MAIL ADDRESS: PRODUCER 00001275 CUSTOMER ID #: FAX (563)556 -4425 INSURER(S) AFFORDING COVERAGE INSURER A :Westfield Companies NAIC # INSURER B : INSURER C INSURER D: INSURER E : INSURER F .11- 12New1 REVISION NUMBER: -- - -- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ,IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM /DD/YYYY) POLICY EXP (MM /DD/YYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR X x BSP3456005 6/1/2011 6/1/2012 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 $ 5,000 CLAIMS -MADE X MED EXP (Any one person) PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X PRO- T I LOC $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS SP3456005 6/1/2011 6/1/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Underinsured motorist $ 1,000,000 Medical payments $ 2,000 A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE BSP3456005 6/1/2011 6/1/2012 I EACH OCCURRENCE $ 5,000,000 IIII AGGREGATE $ 5,000,000 DEDUCTIBLE RETENTION $ 0 $ X $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER (Mand H) EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y/N N/A x WCP5356952 6/1/2011 6/1/2012 x TORY LIMITS OT ER E.L. EACH ACCIDENT $ 500,000 $ 500, 000 ' E.L. DISEASE - EA EMPLOYEE below I E.L. DISEASE - POLICY LIMIT $ 500 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Dubuque, including all its elected & appointed officials, all its employees & volunteers, all its boards, commissions & /or authorities & their board members, employees & volunteers are additional insureds per attached forms CG2033 & CG7087. Workers Compensation includes waiver of subrogation in favor of certificate holder. Governmental Immunities Included. GERTII'ICATE HOLDER Th0 City 01 Dubuciue Ci 50 W, i tLfi Ottbt ciprre: t.v 552U01 f';COI L, 25 (2000/¢ 1(1802 5(200909) ANCELLATION SHOULD ANY OF TIIE ABOVE DESCRIBED POLICIES BE GAM GELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE tiVITH THE POLICY PROVISIONS. `Cho f,GORD name and ,c =,chards, CPCU /T'J" 1988-2000 - e marko AGORD COMMERCIAL GENERAL LIABILITY ThIS ENDORSEMENT CHAHOES THE POLICY. PLEASE ReAD IT CA ���������0 U����HK����~�������� 8���������� ADDITIONAL "~^""�~"~ """~"~`"~"~^~ OWNERS, ~��-'---- - ' CONTRACTORS � AUTOMATIC STATUS ������� ~~~°"~ ""~^�`~~~~"~~~ .~~~ " .~.~.....~~ ~'~' -' __ WHEN REQUIRED U��������0U CONSTRUCTION AGREEMENT ".�=�~^""~"~=° IN ~~.~.~~~. ..~~.~ ..,~.. . .~-..��—'--'' ' — YOThis endorsement modifies insurance provided under the following: U COVERAGE PART A. Section !| - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or or- ganizaUun have agreed in writing In a con- tract or agreement that .such person or organization be added as an additional in- sured on your policy, Such person or organ- ization is an additional insured only with respect to liability for "bodily injury', 'prop- erty damage" or "personal and advertising injury" cmuoad, in whole or n part, by: 1. Your acts or omissions; or 2. The ats or omssons of those acting on your behalf; in the performance of your ongoing oper- ations for the additional insured. A person's or organizatlon's status as an ad- ditional Insured under 1h|u endorsement ends when your operations for that additional in- sured are completed. B. With respect to the insurance afforded to these additional insureds, t}ie foliowing addi- tional exclusions apply: This insurance does not apply to: 1. "Bodily Injury", 'property damage" or "personal and advertisirig injury" arising out of the rendering of, or the failure to 1:3 150 Prop3rtlas, Inc., 2004 render, any professional architectural, engineering or surveying services, In- cluding: • a. The p,epohng, approving, or failing 10 prepare or approve, maps, shop drawings, opinions, reports, surveys, field ordo,s, change orders or drawings and specifications; or b. Superviso/y, inopection, architec- tural or engineering activities. 2. "Bodily injury" or "property damage oc- curring afler: a. All work, including m:teMa>o, parts or equipment furnished in con- nection with such work, on the project {other than oerv|co, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the cov- ered operations has been com- p|eted;or b, 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 othcr than another contractor or subcon- tractor engaged in performing oper ationn for a principal as part of the same project. C6 20 33004 COMMERCIAL GENERAL LIABILITY 711IS ENDORS MEi\JT CHANGES r IIE POLICY. PLEASE READ IT CAREFULLY. A© T ➢O 9AL INSURED a OWNERS LESSEM OR CONTRALTO S AUT MAT!C STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional in- sured on your policy. Such person or organ- ization is an additional insured only with respect to liability caused, in whole or in part, by "your work" performed for that insured and included in the "products- completed oper- ations" hazard. The coverage afforded to the Additional In- sured is solely limited to liability specifically resulting from the conduct of the Named In- sured, which may be imputed to the Addi- tional Insured. D. This endorsement provides no coverage to the Additional Insured for liability caused, In whole or in part, out of the claimed negligence of the Additional Insured, other than which may be Imputed to the Additional Insured by virtue of the conduct of the Named Insured. C, With respect to the insurance afforded these additional Insureds, the following additional exclusion applies: Includes Copyrlplllo1 Material of Insurance Services Mee, Inc., with Its purniasion. This insurance does not apply to: 1, -Bodily injury', 'properly damage" or "personal and advertising injury° caused, in whole or in part by the rendering of, or the failure to render, any profes"sionai architectural, engineering, or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawing and specifications; and b, Supervisory, inspection, architec- tural, or engineering activities. 2. Willful misconduct of, or for defects In design furnished by, the additional in- sured or its °employees °. As a condition of coverage, the additional in- sured shall be obligated to tender the defense and indemnity of every claim or suit to all other insurers that may provide coverage to the additional insured, whether contingent, excess or primary, GO 70 01 OS COMMERCIAL GENERALLIABILITY POLICY NUMBER: BSP 3456005 VMS ENDORSEMENT CHANGES THE POL CV. PLEASE READ CAR F L r. GOVERNMENTAL MENTAL lliIII l[ UNHY 9f O , EE lT - IOWA This endorsement modifies insurance provided under the following: SCHEDULE CITY OF DUBUQUE, IOWA, 50 W. 13TH ST., DUBUQUE, IA, 52001 WITH RESPECT TO INSURANCE PROVIDED TO THE MUNICIPALITY SHOWN IN THE SCHEDULE OF THIS ENDORSEMENT, THE FOLLOWING SHALL APPLY: 1. NON-WAIVER OF GOVERNMENT IMMUNITY THE INSURANCE CARRIER EXPRESSLY AGREES AND STATES THAT THE PURCHASE OF THIS POLICY AND THE INCLUDING OF THE JURISDICTION SHOWN IN THE SCHEDULE AS AN ADDITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSES OF GOVERNMENTAL IMMUNITY AVAILABLE TO THE JURISDICTION UNDER CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME.TO TIME. 2 CLAIMS COVERAGE THE 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 GOVERNMENTAL IMMUNITY THE JURISDICTION SHOWN IN THE SCHEDULE 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 OR DENY ANY OF THE RIGHTS AND BENEFITS ACCRUING TO THE JURISDICTION SHOWN IN THE SCHEDULE 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 JURISDICTION SHOWN IN THE SCHEDULE. 5 NO OTHER CHANGE IN POLICY THE INSURANCE CARRIER AND THE JURISDICTION AGREE THAT THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES SHALL NOT OTIHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY. Guy v (1-90) POLICY NUMBER: BSP 3456005 COMMERCIAL GENERAL LIABILITY T IS E DORSEIIIEf T CHANGES THE POLICY. PLEASE READ IT CAREE LLY. WA ER OF Th S ER OF RIGHTS OF RECOVERY AGAINST OTHERS TO) US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization for whom you are required in a written contract or agreement to include a waiver of transfer of rights of recovery against others to us, provided the "bodily injury° or "property damage" occurs subsequent to the execution of the written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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. ® Insurance Services Office, Inc., 2009 CG 24 04A 05 09 WORKER [:t 1 P NSA T ION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER or OLIR RIGHT TO MC FROM OTHERS ENDOR`'E N This endorsement modifies insurance provided under the following: POLICY NUMBER: WCP 5 356 952 EFFECTIVE DATE: 06101/11 INSURER: WESTFIELD INSURANCE COMPANY CARRIER CODE: 14451 NAMED INSURED: THE FLOOR SHOW CORP; AMERICAN CARPET OUTLET LTD; ET AL AGENCY NUMBER: 14 -2300 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule PRINCIPAL: BLANKET WAIVER DESCRIBED OPERATIONS: ANY OPERATIONS OF THE INSURED MINIMUM PREMUFLATCHARGE $1,000. Copyright 1982 National Council on Compensation Insurance. WC 00 03 13 (4-84)