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Signed Contract_MSA Professional Services_Eagle Point Park Washout RepairMasterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Agreement for Professional Services — Eagle Point Park Washout Repair DATE: January 12, 2012 Dubuque AII•AmericaCity 1 1 1 ' m 2007 Attached are two sets of an agreement with MSA Professional Services for the Eagle Point Park washout repair project. This damage was a result of the July 2011 major rain event, and is on the FEMA list. MSA will provide engineering and design services, prepare bid documents, etc. Barry Lindahl and Ken TeKippe have reviewed the agreement and approved. Please sign both copies and return them to me. Thanks! MLW:et attachments MSA PROFESSIONAL SERVICES TRANSPORTATION • MUNICIPAL DEVELOPMENT • ENVIRONMENTAL Professional Services Agreement This AGREEMENT (Agreement) is made today , 2012 by and between CITY OF DUBUQUE (OWNER) and MSA PROFESSIONAL SERVICES, INC. (MSA), which agree as follows: Project Name: EAGLE POINT PARK — WASHOUT REPAIR The scope of the work authorized is: CIVIL ENGINEERING SERVICES — DESIGN AND BIDDING (See attached Scope of Services) The schedule to perform the work is: Approx Start Date: Approx Completion Date: The lump sum fee for the work is: $8,750.00 The retainer amount required is: $0.00 Jan 2012 June 2012 All services shall be performed in accordance with the General Terms and Conditions of MSA, which is attached and made part of this Agreement. Any attachments or exhibits referenced in this Agreement are made part of this Agreement. Payment for these services will be on a lump sum plus reimbursable basis. Approval: Authorization to proceed is acknowledged by signatures of the parties to this Agreement. CITY OF DUBUQUE Michael C. Van Miliigen City Manager c/o Marie Ware Leisure Services Manager MSA PROFESSIONAL SERVICES, INC. Jacob Team LTA er Date: 1/ 37 1605 Associate Drive, Suite 102 Dubuque, IA 52002 P: (563) 582 -3973 Date: F: (563) 589 -4020 2200 Bunker Hill Road Dubuque, IA 52001 P: (563) 589 -4263 F: (563) 589 -4391 Page 1 of 1 MSA PROFESSIONAL SERVICES, INC. (MSA) — GENERAL TERMS AND CONDITIONS OF SERVICES 1. The quoted fees and scope of services constitute the best estimate of the fees and tasks required to perform the services as defined. This agreement upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual or process development service, activities often cannot be fully defined during initial planning. As the project progresses, facts uncovered may reveal a change in direction which may alter the scope. MSA will promptly inform the OWNER in writing of such situations so that changes in this agreement can be made as required. 2. MSA will bill the OWNER monthly with net payment due upon receipt. Past due balances shall be subject to an interest charge at a rate of 12% per year from said thirtieth day. In addition, MSA may, after giving seven days written notice, suspend service under any agreement until the OWNER has paid in full all amounts due for services rendered and expenses incurred, including the interest charge on past due invoices. 3. Costs and schedule commitments shall be subject to change for delays caused by the OWNER's failure to provide specified facilities or information or for delays caused by unpredictable occurrences including, without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults, by suppliers of materials or services, process shutdowns, acts of God or the public enemy, or acts of regulations of any governmental agency. Temporary delays of services caused by any of the above which result in additional costs beyond those outlined may require renegotiation of this agreement. 4. MSA intends to serve as the OWNER's professional representative for those services as defined in this agreement, and to provide advice and consultation to the OWNER as a professional. Any opinions of probable project costs, reviews and observations, and other decisions made by MSA for the OWNER are rendered on the basis of experience and qualifications and represents the professional judgment of MSA. However, MSA cannot and does not guarantee that proposals, bid or actual project or construction costs will not vary from the opinion of probable cost prepared by it. 5. This agreement shall not be construed as giving MSA, the responsibility or authority to direct or supervise construction means, methods, techniques, sequence, or procedures of construction selected by the contractors or subcontractors or the safety precautions and programs incident to the work of the contractors or subcontractors. 6. In conducting the services, MSA will apply present professional, engineering and /or scientific judgment, and use a level of effort consistent with current professional standards in the same or similar locality under similar circumstances in performing the Services. The OWNER acknowledges that "current professional standards" shall mean the standard for professional services, measured as of the time those services are rendered, and not according to later standards, if such later standards purport to impose a higher degree of care upon MSA. MSA does not make any warranty or guarantee, expressed or implied, nor have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarly, MSA will not accept those terms and conditions offered by the OWNER in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed to in writing. Written acknowledgement of receipt, or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 7. MSA shall make visits to the site at intervals appropriate to the various stages of construction as MSA deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor's work. The purpose of MSA's visits to and representation at the site will be to enable MSA to better carry out the duties and responsibilities assigned to and undertaken by MSA during the Construction Phase, and, in addition, by the exercise of MSA's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed work of Contractor will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. On the other hand, MSA shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct or have control over Contractor's work nor shall MSA have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. Accordingly, MSA neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 8. This Agreement shall commence upon execution and shall remain in effect until terminated by either party, at such party's discretion, on not less than thirty (30) days' advance written notice. The effective date of the termination is the thirtieth day after the non - terminating party's receipt of the notice of termination. If MSA terminates the Agreement, the OWNER may, at its option, extend the terms of this Agreement to the extent necessary for MSA to complete any services that were ordered prior to the effective date of termination. If OWNER terminates this Agreement, OWNER shall pay MSA for all services performed prior to MSA's receipt of the notice of termination and for all work performed and /or expenses incurred by MSA in terminating Services begun after MSA's receipt of the termination notice. Termination hereunder shall operate to discharge only those obligations which are executory by either party on and after the effective date of termination. These General Terms and Conditions shall survive the completion of the services performed hereunder or the Termination of this Agreement for any cause. This agreement cannot be changed or terminated orally. No waiver of compliance with any provision or condition hereof should be effective unless agreed in writing and duly executed by the parties hereto. 9. The OWNER agrees to clarify and define project requirements and to provide such legal, accounting and insurance counseling services as may be required for the project. 10. If, due to MSA's error, any required or necessary item or component of the project is omitted from the construction documents, MSA's liability shall be limited to the reasonable costs of correction of the construction, Tess what OWNER'S cost of including the omitted item or component in the original construction would have been had the item or component not been omitted. It is intended by this provision that MSA will not be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the project. 11. OWNER acknowledges and agrees that MSA has had no role in generating, treating, storing, or disposing of hazardous substances or materials which may be present at the project site, and MSA has not benefited from the processes that produced such hazardous substances or materials. Any hazardous substances or materials encountered by or associated with Services provided by MSA on the project shall at no time be or become the property of MSA. MSA shall not be deemed to possess or control any hazardous substance or material at any time; arrangements for the treatment, storage, transport, or disposal of any hazardous substances or materials, which shall be made by MSA, are made solely and exclusively on OWNER's behalf for OWNER's benefit and at OWNER's direction. Nothing contained within this Agreement Page 1 of 2 (General Terms and Conditions — Public) P:\ 999\ proposals \municipal \Dubuque \Eagle Point FEMA \Contract \PSA Attachment.docx shall be construed or interpreted as requiring MSA to assume the status of a generator, storer, treater, or disposal facility as defined in any federal, state, or local statute, regulation, or rule governing treatment, storage, transport, and /or disposal of hazardous substances or materials. All samples of hazardous substances, materials or contaminants are the property and responsibility of OWNER and shall be returned to OWNER at the end of a project for proper disposal. Alternate arrangements to ship such samples directly to a licensed disposal facility may be made at OWNER's request and expense and subject to this subparagraph. 12. MSA will maintain insurance coverage as identified in Insurance Schedule C attached. 13. Reuse of any documents and /or services pertaining to this project by the OWNER or extensions of this project or on any other project shall be at the OWNER's sole risk. The OWNER agrees to defend, indemnify, and hold harmless MSA for all claims, damages, and expenses including attorneys' fees and costs arising out of such reuse of the documents and /or services by the OWNER or by others acting through the OWNER. 14. To the fullest extent permitted by law, MSA shall indemnify and hold harmless, OWNER, and OWNER's officers, directors, members, partners, agents, consultants, and employees (hereinafter "OWNER ") from reasonable claims, costs, losses, and damages arising out of or relating to the PROJECT, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of MSA or MSA's officers, directors, members, partners, agents, employees, or Consultants (hereinafter "MSA "). In no event shall this indemnity agreement apply to claims between the OWNER and MSA. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that MSA is responsible for attorneys' fees. This agreement does not give rise to any duty on the part of MSA to defend the OWNER on any claim arising under this agreement. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless, MSA, and MSA's officers, directors, members, partners, agents, consultants, and employees (hereinafter "MSA ") from reasonable claims, costs, losses, and damages arising out of or relating to the PROJECT, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of the OWNER or the OWNER's officers, directors, members, partners, agents, employees, or Consultants (hereinafter "OWNER "). In no event shall this indemnity agreement apply to claims between MSA and the OWNER. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that the OWNER is responsible for attorneys' fees. This agreement does not give rise to any duty on the part of the OWNER to defend MSA on any claim arising under this agreement. To the fullest extent permitted by law, MSA's total liability to OWNER and anyone claiming by, through, or under OWNER for any cost, loss or damages caused in part or by the negligence of MSA and in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the percentage share that MSA's negligence bears to the total negligence of OWNER, MSA, and all other negligent entities and individuals. 15. OWNER and MSA desire to resolve any disputes or areas of disagreement involving the subject matter of this Agreement by a mechanism that facilitates resolution of disputes by negotiation rather than by litigation. OWNER and MSA also acknowledge that issues and problems may arise after execution of this Agreement which were not anticipated or are not resolved by specific provisions in this Agreement. Accordingly, both OWNER and MSA will endeavor to settle all controversies, claims, counterclaims, disputes, and other matters in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect, unless OWNER and MSA mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for Page 2 of 2 (General Terms and Conditions — Public) P:\ 999 \proposals\municipal \Dubuque \Eagle Point FEMA \Contract \PSA Attachment.docx mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Neither demand for mediation nor any term of this Dispute Resolution clause shall prevent the filing of a legal action where failing to do so may bar the action because of the applicable statute of limitations. If despite the good faith efforts of OWNER and MSA any controversy, claim, counterclaim, dispute, or other matter is not resolved through negotiation or mediation, OWNER and MSA agree and consent that such matter may be resolved through legal action in any state or federal court having jurisdiction. 16. This agreement shall be construed and interpreted in accordance with the laws of the State of Iowa. 17. OWNER hereby irrevocably submits to the jurisdiction of the state courts of the State of Iowa for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement. OWNER further consents that the venue for any legal proceedings related to this Agreement shall be, at MSA's option, Sauk County, Wisconsin, or any county in which MSA has an office. 18. When required, MSA will complete a stormwater management plan and erosion control plan as required by applicable state statutes and local ordinances. MSA will prepare appropriate development site stormwater management and erosion and sediment control permit applications for submittal by the land owner. To be valid this application(s) will need to be signed by the land owner. If required, MSA will sign the application as the preparer of the document. COMPLIANCE WITH THE STORMWATER MANAGEMENT AND EROSION CONTROL PROVISIONS IDENTIFIED IN THE STORMWATER MANAGEMENT PLAN AND EROSION CONTROL PLAN PREPARED BY MSA ARE THE RESPONSIBILITY OF THE OWNER. LAND DISTURBANCE ACTIVITIES CAN COMMENCE ONLY AFTER THE LANDOWNER HAS RECEIVED AUTHORIZATION AND /OR A DNR PERMIT, AND EROSION CONTROL MEASURES HAVE BEEN IMPLEMENTED. The Contractor shall be responsible for the implementation of the plan including means, methods, scheduling, sequencing and techniques employed in constructing and maintaining stormwater and erosion facilities and the practices required to comply with all standards and permits until construction is complete and final site stabilization is complete. MSA shall be responsible for the on -site observation stipulated elsewhere in this agreement. NOTE: THERE CAN BE SUBSTANTIAL MONETARY FINES AND PENALTIES TO THE OWNER FOR VIOLATIONS OR NON- COMPLIANCE WITH THE CONDITIONS OF THE 'NOTICE OF INTENT — STORMWATER DISCHARGES ASSOCIATED WITH LAND DISTURBING CONSTRUCTION ACTIVITIES GENERAL PERMIT' FROM LOCAL, STATE, AND FEDERAL REGULATORY AGENCIES. 19. This agreement contains the entire understanding between the parties on the subject matter hereof and no representations. Inducements, promises or agreements not embodied herein (unless agreed in writing duly executed) shall be of any force or effect, and this agreement supersedes any other prior understanding entered into between the parties on the subject matter hereto. SCOPE OF SERVICES CITY OF DUBUQUE, IOWA LEISURE SERVICES DEPARTMENT ENGINEERING SERVICES FOR: EAGLE POINT PARK — WASHOUT REPAIR AND RELATED SITE WORK DATA COLLECTION • Provide topographic survey of site to identify existing conditions, elevations and utilities as identified by private and public utility providers. • Set -up CADD basemap with topographic information for design use. ENGINEERING DESIGN • Develop site plan to restore drainage, vehicle and pedestrian safety to a level equal to that prior to the flood event. • Design and detail PCC foundation, suitable channel protection and soil stabilization measures in an attempt to minimize damage from future flood events. • Develop project specific specifications governing the material and construction methods. BIDDING • Prepare Bid Documents and Estimate of Cost. • Provide copies of Plans, Specifications and Bidding Document to Contractors. • Answer Contractor questions regarding Plan and Bid Documents to encourage informed and competitive bidding. EXCLUSIONS The following services are not included as part of this agreement but are available assistance is desired or required at a later date. Estimated fees for services will be negotiated with City prior to commencing any additional tasks. • Legal or Permit Fees. • Construction Services, Construction Staking. • Survey Platting, Property or Easement Acquisitions. • Geotechnical (subsurface) Investigation. • Investigation of bluff stability, coordination with any City, Federal or Citizen entities regarding impact of repairs to bluff. • Public or Private Utility relocation, extensions or modifications. • Erosion Control Plan and SWPPP • FEMA coordination and documentation. CONSENT DECREE RELATING TO THE CITY OF DUBUQUE, IOWA WATER & RESOURCE RECOVERY CENTER AND SEWER COLLECTION SYSTEM NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SEWER COLLECTION SYSTEM UNLESS A SIGNED COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF DUBUQUE ENGINEERING DEPARTMENT The City of Dubuque, Iowa has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11 -cv- 01011 -EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- 5 -1 -1- 09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and it officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree is attached. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five years after the termination of the Consent Decree, the City shall retain, and shall instruct its contractors and agents to preserve, all non - identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information - retention requirement shall apply regardless of any contrary City, corporate or institutional policies or procedures. At any time during this information - retention period, upon request by the United States or the State, the City shall provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information - retention period, the City shall notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City shall deliver any such documents, records, or other information to the EPA or IDNR. Certification by Contractor or Consultant The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of the Contractor or Consultant, certifies to the City of Dubuque as follows: 1. I have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11 -cv- 01011 -EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- 5 -1 -1- 09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents, reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's or Consultant's failure to comply with the Consent Decree. Contractor or Consultant: 5 4 P r y . — k s s , or`a. \ S r v ; `€ 5 .fin By: Its: ����► -i L Date: 1/3/ 2 ) 2_ Return signed copy to: Environmental Engineer Engineering Department City Hall 50 W 13th Street Dubuque IA 52001 4� l R CERTIFICATE OF LIABILITY INSURANCE OP ID CO DATE (MMIDD/YYYY ) 04/21/11 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Johnson Insurance - Madison 525 Junction Road Madison WI 53717 Phone:608- 203 -3880 Fax:877- 254 -8586 I.UN IHLI NAME: PHONE FAX (A/C, No, Ext): (A/C, No): ADDRESS: YRUUULhti CUSTOMER ID #: MSAPR -1 INSURER(S)AFFORDINGCOVERAGE NAIL# INSURED MSA Professional Services Inc. Jim Owen 1230 South Blvd. Baraboo WI 53913 INSURERA: CNA Insurance 20427C INSURERS: INSURERC: INSURER D : $ INSURER E : $ INSURER F : CLAIMS -MADE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS IS TO CERTIFY THAT THE POLICIES OF INSURANCE NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY PERTAIN, THE AND CONDITIONS OF SUCH POLICIES. TYPE OF INSURANCE LISTED TERM INSURANCE LIMITS ADDL INSR BELOW OR CONDITION SHOWN SUMK WVD HAVE BEEN ISSUED TO THE INSURED OF ANY CONTRACT OR OTHER DOCUMENT AFFORDED BY THE POLICIES DESCRIBED MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER NAMED ABOVE WITH HEREIN IS SUBJECT VULILY tF1- (MMIDD/YYW) FOR THE POLICY RESPECT TO WHICH TO ALL THE YULI(•Y tXY (MM /DD/YYYY) PERIOD THIS TERMS, LIMITS LTR GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR EACH OCCURRENCE $ DHMA,E TU RENTEu PREMISES (Ea occurrence) $ CLAIMS -MADE MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L —1 GENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER: LOC PRODUCTS - COMP/OP AGG $ POLICY PRO JECT $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ . PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS Y / N /A WCSIAIU- 01H- TORY LIMITS ER E.L. EACH ACCIDENT $ below E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liab AEH254011455 02/01/11 02/01/12 Ea Occ 5,000,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (A tach ACORD 101, Additional Remarks Schedule, If more space Is required) Claims Made Policy - Environmental Coverage Included. CERTIFICATE HOLDER CANCELLATION City of Dubuque 50 West 13th Street Dubuque IA 52001 -4864 CITYDUB 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 /J A.A ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD CERTIFICATE OF LIABILITY INSURANCE oiiiiizou' TYPE OF INSURANCE PRODUCER (608)356 -6606 FAX (608) 356 -9022 Don -Rick, Inc . 313 Oak Street P.0.Box 528 Baraboo, WI 53913 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED MSA PROFESSIONAL SERVICES INC 1230 5 BOULEVARD BARABOO, WI 53913 INSURERA Regent Ins. Co. (48 -0770) 24449 INSURERS General Casualty (48 -0770) 24414 INSURERC 06/30/2012 06/30/2012 INSURER D S 1,000,000 INSURER E DAMAGE TO RENTED PRFMISFS IFa nmranl cw 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRR ADM L TYPE OF INSURANCE POLICY NUMBER POLICY IMMMO/YYVl) POLICY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CCS 0417634 CGA 0903 220 06/30/2011 06/30/2011 06/30/2012 06/30/2012 EACH OCCURRENCE S 1,000,000 X DAMAGE TO RENTED PRFMISFS IFa nmranl cw 5 100 , 000 1 CLAIMS MADE X OCCUR MED EXP (Anyone person) S 5,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEM. LIMIT APPLIES PER. POLICY n jEC n LOC PRODUCTS - COMP /OP AGG 5 2,000,000 n • A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CBA 0417634 06/30/2011 06/30/2012 COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 X _ BODILY INJURY {Per person) S X BODILY INJURY (Per accident) S X PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY AGG S B EXCESS/UMBRELLA LIABILITY CCU 0417634 06/30/2011 - 06/30/2012 EACH OCCURRENCE $ 5,000,000 OCCUR CLAIMS MADE AGGREGATE S 5,000,000 DEDUCTIBLE RETENTION 5 0 s s X S - -A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE VE OFFICER/MEMBER EXCLUDED? II y6e, descnbo under SPECIAL PROVISIONS below CWC 0417634 06/30/2011 06/30/2012 X I TORY LIMITS I X IOTI E.L EACH ACCIDENT $ 500, 000 E.L. DISEASE - EA EMPLOYEE S 500,000 E.L. DISEASE • POLICY LIMIT S 500,000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS The City of Dubuque is an additional insured on general liability policy including ongoing & completed 3perations coverage equivalent to ISO CG2010 0704 & CG2037 0704. General Liability Policy is primary and non - contributing. Form CG25040397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorsement is included. Project: Dubuque Industrial Center West - South Siegert farm CERTIFIC ATE HOLDER CANCELLATION CITY OF DUBUQUE 50 WEST 13TH STREET DUBUQUE, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Wendy Gerken/WSG ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ENDORSEMENT GOVERNMENTAL IMMUNITIES ENDORSEMENT • THE COMPANIES AFFORDING COVERAGE AND THE ADDITIONAL INSURED, CITY a UB E • IOWA, EXPRESSLY AGREE'AND STATE THAT THE PURCHASE OF THIS POLICY OF INSURANCE BY THE INSURED AND THE LISTING OF THE CITY OF .j1 AS AN ADDITIONAL INSURED HEREUNDER DO NOT WAIVE ANY OF THE DEFENSES OF GOVERNMENTAL IMMUNITY AVAILABLE TO THE ADDITIONAL INSURED UNDER IOWA CODE SECTION 670.4 AS'IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIM. THE COMPANIES AND THE ADDITIONAL INSURED FURTHER AGREE THAT THIS POLICY OF INSURANCE SHALL COVER ONLY THOSE CLAIMS NOT SUBJECT'TO THE DEFENSE OF GOVERNMENTAL IMMUNITY UNDER IOWA CODE SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. THE ADDITIONAL INSURED SHALL BE RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVER.*LMENTAL IMMUNITY, AND MAY DO SO AT ANY TINE AND SHALL DO SO UPON THE TIMELY WRITTEN REQUEST OF THE COMPANIES. THE COMPANIES SHALL NOT DENY COVERAGE UNDER THIS POLICY AND THE COMPANIES SHALL NOT DENY ANY OF THE RIGHTS AND -BENEFITS ACCRUING TO THE INSURED OR THE ADDITIONAL INSURED 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 ADDITIONAL INSURED.