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Improvement Contract_Purina Drive Weigh Scale House Building ProjectCITY OF DUBUQUE, IOWA PURINA DRIVE WEIGH SCALE HOUSE BUILDING PROJECT IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the 17`" day of January, 2012, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Stumpf Construction (Contractor). 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 Purina Drive Weigh Scale House Building 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 of which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detail 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 claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the 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 within 90 consecutive calendar days. 9. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 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 Tess 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 $156,698.80 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 Tess than ten percent (10 %) of the Contract price but in no event be Tess than $200.00 (Two Hundred Dollars) 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 PRINCIPAL: By City Mana•er This is t office on the By: Stumpf Construction Charlie Clasen President Title CERTIFICATE OF CITY CLERK e ify that a i i;d copy of the above Co o r2 has been filed in my day of City Clerk CITY OF DUBUQUE, IOWA PURINA DRIVE WEIGH SCALE HOUSE BUILDING PROJECT BID FORM 1B BID PROPOSAL The bidder hereby certifies that the bidder is the only person or entity interested in this proposal as principal; that an examination has been made of the plans, specifications, and contract form, including the special provision contained herein, and of the site of the work, and the bidder understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understands that all quantities of work, whether increased or decreased, are to be performed at the unit price as stipulated herein; the bidder proposes to furnish all necessary machinery, equipment, tools, labor and other means of construction, and to furnish all materials specified in the manner and time prescribed and to do the work at the prices herein set out. Accompanying this proposal in a separate envelope is a cashier's or certified check payable to the City Treasurer, City of Dubuque, drawn on a bank in Iowa or a bank chartered under the laws of the United States, in the amount of ten percent (10 %) of the bid submitted; or a bid bond in the penal sum of ten percent (10 %) of the bid submitted executed by the bidder and an acceptable corporate surety. It is understood that this proposal guarantee will be retained in the event the formal contract or bond is not executed, if award is made to the undersigned. The bidder further agrees to execute a formal contract and bond, if required by the contract documents, within seven (7) days of the award of the contract by the City Council, and that the bidder will commence work on or about ten (10) days after the date of the contract, and will complete the work within the specified contract period or pay the liquidated damages stipulated in the contract documents. The bidder acknowledges receipt of the following addendum: Dated: Dated: Dated: /- 3 -ZOJ Z PRINCIPAL: 57uG rr! L0i0`1i%6LG 1 i C 3.) 2 /3 L/m C/ee ;Jy Jive' 5H 2 Contractor Address Individual ( ) Partnership ( ) Corporation (> L2c&Leyg 5 - .4u44.,A9 City . By: ?h ii i Z/A. re 41 ke.-,41 .5'.?, e9 -� Signature State Zip P /.6- .ri /en, f 1-4 - tea/ z Title Date Note: To be completed by out of State bidders. The State of does ( ) / does not ( ) utilize a percentage preference for in state bidders. The amount of preference is percent. Bid Proposal Page 2 of 2 B -2 CITY OF DUBUQUE, IOWA PURINA DRIVE WEIGH SCALE HOUSE BUILDING PROJECT BID SCHEDULE REVISED PER ADDENDUM NO. 1 NOTE: Bids shall EXCLUDE sales tax and all other applicable taxes and fees UNIT NO. DESCRIPTION QUANTITY PRICE 1 Mobilization and Miscellaneous 1 LS 2 Weigh Scale Control Building (Structural, Plumbing, Electrical, HVAC, Site Work) 1 LS 3 12" Crushed Stone Base 460 TON /t ' • J d 4 7" HMA Paving 174 TON g6.70 70 5 Wastewater Pumping Station (including wet well, piping, pump, control panel, electrical, etc.) 1EA 6 2" SDR 21 PVC D -2241 Force Main w /Fittings °� and Railroad Track Crossing, Sawcut Pavement 1600 LF A2, 2 S 7 Connect to Existing Sanitary Sewer 1 LS 8 Remove and Replace Existing Metal Walkway and Guard Rail 1 LS 9 Connect to Existing Water Main 1 LS 10 1" Water Service Connection (Saddle, Corporation Stop, Street Box & Box w /connection) 1 LS 11 1' Copper Tubing Water Service Line 104 LF 12 Site Electrical 1 LS TOTAL BID Bid Proposal Page 1 of 2 B -1 MIMEM /7 - BID FORM 1A TOTAL PRICE U 13/S53 Qo a0 /5, ORS" /S ,f° /9/be0 a ' 5110 0. /7(8 o° �s",'9 1ST (aq.f O Ilw BOND #354 - 028 -467 CITY OF DUBUQUE, IOWA PURINA DRIVE WEIGH SCALE HOUSE BUILDING PROJECT PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Stumpf Construction, Incas Principal (Contractor) and The Ohio Casualty Insurance Pagg Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $156,698.80 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 23rd day of January, 2012, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated January 17, 2012, 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 Purina Drive Weigh Scale House Building Project (the Project) according to the Contract Documents prepared therefore. It is expressly understood and agreed by the Contractor and Surety 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 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 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 against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and 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) years 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 and Contract Documents shall be considered as a part of this Bond just as if their terms were repeated herein. Dated at Dubuque, Iowa this 23rd day of January, 2012. CITY OF DUBUQUE, IOWA PRINCIPAL: By: City Manager Stumpf Construction, Inc. BY: tW I;E _°)^-1 Charlie Clasen President Title SURETY: The Ohio Casualty Insurance Company By: ' Signature Attorney -in -Fact Title Hudson, WI 54016 City, State, Zip Code 800 - 535 -0006 Telephone Robert Downey Attorney In -Fact THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5065859 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. THE OHIO CASUALTY INSURANCE COMPANY FAIRFIELD, OHIO POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company (the "Company "), an Ohio corporation, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint MICHAEL J. DOUGLAS, CHRIS M. STEINAGEL, CHRISTOPHER M. KEMP, ROBERT DOWNEY, CONNIE SMITH, ALL OF THE CITY OF HUDSON, STATE OF WISCONSIN , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTEEN MILLION AND 00/100 DOLLARS ($ 15,000,000.00 ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the President and attested by the Secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE IV - Officers: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bond, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. By the following instrument the Chairman or the President has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By -laws, David M. Carey, Assistant Secretary of The Ohio Casualty Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of The Ohio Casualty Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania, this 22nd day of December 2011 THE OHIO CASUALTY INSURANCE COMPANY COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF MONTGOMERY By David M. Carey, Astant Secretary On this 22nd day of December , 2011 , before me, a Notary Public, personally came David M. Carey, to me known, and acknowledged that he is an Assistant Secretary of The Ohio Casualty Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of The Ohio Casualty Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOF,.IjhaV-e'hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ,'y',y o,v +, 'i' CERTIFICATE \ :'`fi'ii; �.; f •i ,,.::, P.,;,n;o v, a, =,;,,, io 1Aornyornxy 0@_ n'; y Gmm�ncsIc' E ;:u,1Es Ma- 26022 By U �'ge Teresa Pastella, Notary Public I, the undersigned, Assistant. 'SeCretarylbf The Ohio Casualty Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in-fall-force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By -Laws of The Ohio Casualty Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of The Ohio Casualty Insurance Company at a meeting duly called and held on the 15th day of February, 2011: VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the comply with he same force and effect as though manually affixed. IN TE ` IMONY WHEREF� l have hereunto subscribed my name and affixed the corporate seal of the said company, this day of Gregory W. Davenport, Assistant Secretary �1 ® ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1/25/2012 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 75 9 Dubuque IA 52004 -0759 NAME: CONTACT Jena Wilwert, CISR PHONE (563) 556 -0272 FAX (563)556 -4425 (A/C, No, Ezt): (A/C, No): ADDRESS: PRODUCER 00010173 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED D Stumpf Construction Inc 2613 University Ave - Ste 3 Dubuque IA 52001 INSURER A:United Fire & Casualty Company 13021 INsuRER B Accident Fund Insurance Co 10166 INSURERC: $ 1,000,000 INSURERD: $ 100, 000 INSURER E : MED EXP (Any one person) INSURERF: L.VVCMAGES l.n111 ,,,,I.I S.u,- ...-... - - -- - - -- - _ 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP (MM /DD/YYYY) (MM /DD/YYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR X 60360911 5/27/2011 5/27/2012 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100, 000 X MED EXP (Any one person) $ 5,000 CLAIMS -MADE X PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 I PRODUCTS - COMP /OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ POLICY I X I MT- I X I LOC A AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 60360911 5/27/2011 5/27/2012 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 $ 5,000 A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 60360911 ,5/27/2011 ,5 /27/2012 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DEDUCTIBLE RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y / N N I A WCV6031634 5/27/2011 5/27/2012 •,,• WC STATU- 10TH- TORY LIMITS I ER E.L. EACH ACCIDENT $ 500,000 N E.L. DISEASE - EA EMPLOYEE $ 500, 000 below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION The boards, above Coverage OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its commissions and /or authorities and their board members and IIW PC are listed as additional insureds on the general liability including ongoing & completed operations coverage equivalent to ISO CG2010 0704 & CG2037 0709. is primary and non - contributing. "Designated Projects" aggregate limit is include. Governmental Immunities CERTIFICATE HOLDER CANCELLA City of Dubuque 50 W 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Mark Phalen /JW ACORD 25 (2009/09) INS025 (200909) ©1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMENTS /REMARKS endorsement is included. Waiver of Subrogation in favor of City of Dubuque is included on workers compensation. Project: Purina Drive Weigh Scale House Building. IIW Project # 10259 -02. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. CG 71 03 03 11 ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. • Coverage for non -owned watercraft is extended to 51 feet in length • Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate • Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate - $500 Deductible Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate - $1,000 Deductible * Water Damage Legal Liability - $25,000 * Increase in Supplementary Payments: Bail Bonds. to $1,000 and Loss of Earnings to $500 • For newly formed or acquired organizations - extend the reporting requirement to 180 days Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You * Automatic Additional Insured - Vendors * Automatic Additional Insured - Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You * Automatic Additional Insured - Managers or Lessor of Premises * Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured * Additional Insured - Employee Injury to Another Employee Primary Additional Insured * Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage --> * Automatically included - Aggregate Limits of Insurance (per location) --� * Automatically included - Aggregate Limits of Insurance (per project) * Knowledge of occurrence - Knowledge of an "occurrence, "claim or suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee Unintentional failure to disclose all hazards. If you unintentionally fait to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. • Liberalization Condition * Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 Ibs GVW Blanket Waiver of Subrogation * Property Damage - Borrowed Equipment * Property Damage Liability - Elevators • Bodily Injury Redefined • Extended Property Damage. • Damage to Media Legal Liability - $50,000 REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 15 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 71 03 03 11 Includes copyrighted material of Insurance Services Office, Inc„ with its permission. Page 1 of 15 *39024060* 1111111 HI iIi i 11 1111111111 CG 71 50 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. CONTRACTORS BLANKET ADDITIONAL INSURED — LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy: and 2. Executed prior to the "bodily injury", or "property damage ". B. The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of "your work" at the location designated and described in the written contract or written agreement performed for that additional insured and only for that liability included in the "products- completed operations hazard ". C. When coverage provided under this endorsement does apply to "bodily injury" or "property damage" arising out of the "products - completed operations hazard ": 1. Such coverage will not apply subsequent to the first to occur of the following: a. The expiration of the period of time required by the written contract or written agreement; b. Five years from the completion of your work" on the project that is the subject of the written contract or written agreement. c. The expiration of any applicable statute of limitations or statute of repose with respect to claims arising out of "your work ". 2. Such coverage will not exceed the limits of liability required by the written contract ar written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section III - LIMITS OF INSURANCE. 2. With respect to the insurance afforded to any additional insured under this endorsement, the following additional exclusionary language shall apply: This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architecture, 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 drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 3. With respect to the coverage provided under this endorsement, Paragraph 4.b. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following language: CG 71 50 03 06 Page 1 of 2 4. Other Insurance b. Excess Insurance This insurance is excess over: Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or primary and non- contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 4. As a condition of coverage under this endorsement, each additional insured must: a. Give us prompt written notice of any "occurrence" which may result in a claim and prompt written notice of "suit ". CG 71 50 03 06 b. Immediately forward all legal papers to us, cooperate in the investigation or settlement of the claim or defense against the suit", and otherwise comply with policy conditions. c. Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any Insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For the purpose of this requirement, the term "Insures against" refers to any self- insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d. Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. CG 71 50 03 06 Page 2 of 2 60350911 1L7084.0110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Organization: CITY OF DUBUQUE 1. Nonwaiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the organization shown in the Schedule as an Additional Insured does not waive any of the defenses of governmental immunity available to the organization shown in the Schedule 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. 3. Assertion of Government Immunity. The organization 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. Nothing contained in this endorsement shall prevent the tamer from asserting the defense of governmental immunity on behalf of the organization shown in the Schedule. 4. Non- Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the organization 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 organization shown in the Schedule. S. No Other Change in Policy. The insurance carrier and the organization shown in the Schedule agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. IL70840110 x27023940rt 1 NI III 111 11 iu ENDORSEMENT 60360911 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT SPEC END! (ONO) 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 ANU of THE DEFENSES OF GOVERMENTAL IMMUNITY AVAILABLE TO THE CITY OF DUBUQUE, IOWA UNDER CODE OF IOWA SECTION 570.4 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 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 TERM AND CONDITIONS OF THIS INSURANCE POLICY. 3. ASSERTION OF GOVERNMENTAL 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 UNDER 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. All other terms, conditions, limitations and agreements of the policy remain unchanged SPEC END L (0000) *28023950* it lII