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Improvement Contract_IDCW PCC Paving, Utilties 2013 with Horsfield ConstructionCITY OF DUBUQUE, IOWA DUBUQUE INDUSTRIAL CENTER SOUTH PCC PAVING AND UTILITIES 2013 IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the 5th day of August, 2013, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Horsfield Construction, Inc. (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 Dubuque Industrial Center South PCC Paving and Utilities 2013 (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. 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 by November 1, 2013. 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 Toss 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 $665,611.50 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 $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 By: City Manager PRINCIPAL: By: Horsfield Construction, In Contractor: B Signature J Title CERTIFICATE OF CITY CLERK This is to certify that a certified copy of the above Contract has been filed in my office on th Y / day of , 20 / a Cit -Clerk LINE NO. Masterpiece on the Mississippi ITEM NUMBER BIDDER NAME: Project Name: City of Dubuque - Engineering Department Proposal Form Horsfield Construction, Inc. Dubuque Industrial Center South - PCC Paving and Utilities 2013 BID ITEM DESCRIPTION Division 1 1 1010 -103 Mobilization 2 1070- 206 -A -0 Traffic Control 3 2010 - 108 -0-1 4 2010 - 108 -G -0 5 2010 - 108 -1 -0 6 3010- 108 -0 -0 7 3010- 108 -D -0 8 3010- 108 -D -0 9 3010 - 108 -D -0 10 3010 - 108 -1 -2 11 3010- 108 -J -3 Division 2010 - Earthwork, Subgrade, and Subbase Topsoil, On -site Subgrade Preparation Subbase, Granular Subbase - Gradation 12a Division 3010 - Trench Excavation and Backfill Trench Foundation Bedding Material Gradation 3 Bedding Material Gradation 29 Bedding Material Gradation 32 Trenching, 26 Inch Depth Trenching, 48 Inch Depth Division 3020 - Trenchless Construction 12 3020 - 108 -A -0 Directional Drilling Division 4020 - Storm Sewers 13 4020- 108 -A -1 Storm Sewer Gravity Main, Trenched,18" RCP 14 4040 - 108 -A -0 15 4040 - 108 -D -0 16 4040 - 108 -A -0 17 5010 - 108 -A -1 18 5010- 108 -A -1 19 5010 - 108 -A -1 20 5010 - 108 -C -2 21 5010 - 108 -C -1 22 5010 - 108 -C -1 23 5010- 108 -0 -1 24 5020 - 108 -A -0 25 5020 - 108 -A -0 26 5020 - 108 -C -0 27 5020 - 108 -A -0 28 6010- 108 -8-0 29 6010- 108 -13-0 30 6010 - 108 -G -0 Division 4040 - Subdrains and Footing Drain Collectors Subdrain, 6" Perforated CPE Subdrain Outlets and Connections, Core Drill, 4" Subdrain, 4" Non - Perforated CPE Division 5010 - Pipe and Fittings Water Main, Trenched, DIP, 6" Water Main, Trenched, DIP, 12" Water Main, Trenched, DIP, 16" Fittings by Weight, DI Fittings, Mega lug, 6" Fittings, Mega lug, 12" Fittings, Mega lug, 16" Division 5020 - Valves, Fire Hydrants, and Appurtenances Valve, Gate, DIP, 6" Valve, Gate, DIP, 12" Fire Hydrant Assembly Valve, BF, DIP, 16" Division 6010 - Structures for Sanitary and Storm Sewers Intake Type, CIP, SW -501 (101 -B) Intake Type, CIP, SW -505 (104 -B) Connection to Existing Intake PLAN QUANTITY UNIT 1.00 LS 1.00 LS BID FORM 1 -A DATE: 7/18/2013 BID UNIT PRICE $3,500.00 $600.00 Sub Total TOTAL PRICE $3,500.00 $600.00 $4,100.00 875.00 CY $4.50 $3,937.50 4986.00 SY $0.80 $3,988.80 3141.00 TON $12.20 $38,320.20 Sub Total $46,246.50 308.00 TON 4290.00 TON 132.00 TON 962.00 TON 264.00 LF 3292.00 LF $13.00 $13.00 $17.00 $13.00 $2.00 $2.00 Sub Total 110.00 LF $19.00 Sub Total 646.00 LF $26.00 Sub Total $4,004.00 $55,770.00 $2,244.00 $12,506.00 $528.00 $6,584.00 $81,636.00 $2,090.00 $2,090.00 $16,796.00 $16,796.00 1960.00 LF $7.00 $13,720.00 6.00 EA $250.00 $1,500.00 671.00 LF $6.00 $4,026.00 Sub Total $19,246.00 38.00 LF $70.00 $2,660.00 71.00 LF $75.00 $5,325.00 1003.00 LF $66.00 $66,198.00 3403.00 LBS $6.50 822,119.50 9.00 EA $37.00 $333.00 8.00 EA $188.00 $1,504.00 27.00 EA $295.00 $7,965.00 Sub Total $106,104.50 2.00 EA $950.00 $1,900.00 3.00 EA $2,100.00 $6,300.00 5.00 EA $2,444.00 $12,220.00 2.00 EA $2,520.00 $5,040.00 Sub Total $25,460.00 4,00 EA $1,825.00 $7,300.00 2.00 EA $2,500.00 $5,000.00 1.00 EA $475.00 $475.00 Sub Total $12,775.00 LINE NO. ITEM NUMBER BID ITEM DESCRIPTION Division 7010 - Portland Cement Concrete Pavement 31 7010- 108 -A -0 Pavement, PCC, 9" (Thickness) Division 7040 - Pavement Rehabilitation 32 7040- 108 -H -0 Removal - Pavement 33 8010 - 108 -A.2 34 8010- 108 -B -0 35 8010 - 108 -B -0 36 8010 - 108 -6-0 37 8010- 108 -B -0 38 8010- 108 -C -0 39 8010- 108 -D.1 40 8010 - 108 -D.5 41 8010- 108 -F.1 42 8010 - 108 -M -0 43 8010 - 108 -J -0 Division 8010 - Traffic Signals Handhole - Composite Conduit - Trenched, HDPE, 1 1/2" Conduit - Trenchless, HDPE, 1 1/2" Conduit - Trenched, HDPE, 2" Conduit - Trenchless, HDPE, 2" Wiring and Cable - Power Street Light Precast Concrete Base, 2' Dia. x 6' Electrical Service Control Pedestal Precast Concrete Base Fiber Optic Vault Precast Concrete Street Light, 35' Electrical Service Control Pedestal Division 9010 - Seeding 44 9010- 108 -A -0 Conventional Seeding, Seeding, Fertilizing, and Mulching Division 9030 - Plant Material and Planting PLAN QUANTITY UNIT 4374.00 SY 66.00 SY BID UNIT PRICE $33.00 Sub Total $14.00 Sub Total TOTAL PRICE $144,342.00 $144,342.00 $924.00 $924.00 20.00 EA $344.00 $6,880.00 13152.00 LF $2.50 $32,880.00 240.00 LF $4.10 $984.00 3422.00 LF $3.25 $11,121.50 50.00 LF $3.30 $165.00 11976.00 LF $1.50 $17,964.00 19.00 EA $1,030.00 $19,570.00 1.00 EA $1,220.00 $1,220.00 10.00 EA $2,607.00 $26,070.00 19.00 EA $2,740.00 $52,060.00 1.00 EA $5,100.00 $5,100.00 Sub Total $174,014.50 14500.00 SY $0.36 Sub Total $5,220.00 $5,220.00 45 9030- 108 -0-0 Plants 1.00 LS $20,000.00 $20,000.00 Sub Total $20,000.00 Division 9040 - Erosion and Sediment Control 46 9040 - 108 -A -2 SWPPP Management 1.00 LS $1,000.00 $1,000.00 47 9040 - 108 -N -1 Silt Fence or Silt Fence Ditch Check 1254.00 LF $2.00 $2,508.00 48 9040 - 108 -N -2 Silt Fence or Silt Fence Ditch Check, Removal of Sediment 1254.00 LF $0.50 $627.00 49 9040 - 108 -N -3 Silt Fence or Silt Fence Ditch Check, Removal of Device 1254.00 LF $0.50 $627.00 50 9040 - 108 -0 -1 Stabilized Construction Entrance 11.00 SQ $70.00 $770.00 51 9040 - 108 -T -1 Inlet Protection Device, Filter Sock /Silt Fence 9.00 EA $100.00 $900.00 52 9040- 108 -T -2 Inlet Protection Device, Maintenance 9.00 EA $25.00 $225.00 Sub Total $6,657.00 Total Bid $665,611.50 CITY OF DUBUQUE, IOWA DUBUQUE INDUSTRIAL CENTER SOUTH PCC PAVING AND UTILITIES 2013 BID FORM 1 B 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 per 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: PRINCIPAL: Dated: Dated: Dated: 7 / /s // 3 7//l//3 9/7//3 Contractor Address Individual ( ) Partnershi tion (X).��!^/� By: Signature Title City State Zip ?A/a 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 3 of 4 B -3 Form 730007WP 7 -97 Contractor N° '{'.L Project* / /2c3 — V TARGETED SMALL BUSINESS (TSB) PRE -BID CONTACT INFORMATION County City 611411 °6 (To Be Completed By Alf Bidders Per The Current Contract Provision) Page# In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in the bid, it is assumed that the firm listed will be used as a subcontractor. TABLE OF INFORMATION SHOWING BIDDERS PRE -BID TARGETED SMALL BUSINESS (TSB) CONTACTS E— Ce) 17 SUBCONTRACTOR c c r 'c ?y-14i � art/ CTZa [-sc 7rcn.) T) -Lcc DATES QUOTES RECEIVED QUOTATION USED IN BID CONTACTED 7/'2 / YES/ DATES YES/ NO CONTACTED NO DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED P 0 /1 -3 mac:) Total dollar amount proposed to be subcontracted to TSB on this project $ d � List items by name to be subcontracted; N/A Bond No. 54194407 CITY C)F DUBUQUE, IOWA DUBUQUE NDUSTRAL CENTER SOUTH PCC PAVING AND UTILITIES 2013 PERFORMANCE, PAYMENT AND MANTENANCE BOND KNOWN ALL MEN BY THESE FRESENTS: That Horsfietcl Construction, Inc. as Principal (Contractor) and United Fire & Casualty Company as Surety are held firmly bound unto the City of Dubuque, Iowa Ciiy), in the penal sum of $665,611.50 herein referred to, lawful money of the United States ofArnerica. well and truly to be paid to said City of Dubuque, and to all other parties vvho, under the provisions of the laws of |owa, are intended to be protected and secured hereby for which payment we bind ouroe|veS, our hei/m, executnrn, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, this 5m day of August, 2013, and duly attested and sealed. VVHEREAS, the said Contractor by a Contract dated August G. 2013. incorporated herein by reference, has agreed with said City of Duhuque to perform all labor and furnish all materials required to be performed and furnished for Dubuque Industrial Center South PCC Paving and Utilities 2013 (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 port of this Bond and are binding upon said Contractor and Sureb/.1o+mit: 1. PERFORMANCE BOND: The Contracto shall weU and faithfully ohserve, perform, fulfill and abide by each and every covenant, condition and part of said Contract Oocumento, by reference made a pan 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 suboonUactora, oupp|ierS, agenta, 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 pmraons, firms, aubonntractoro, 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, |ubriCan(a, oii gasoline, repairs on machinery, equipment and ioo|a, consumed or used by the Ccntractor or any SubC0ntraCio(, 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 peoons, firms. or corporations unless the claims of said claimants against said portion of he contract price shaH have been established,as provided by Taw. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573, Code of lows, which by this reference is made a part hereof 'as thOligh fully set OUt hereirL O'1 Dated at Dubuque, Iowa, this 5th day of August CITY 0F DUBUQUE, V0 A PRINCIPAL: By: City Ma ger .2O13. By: Horsfield Construction By: Signature ^J SURETY: United Fire &Caeu Company By: —Al CAL 5ignadur Attorney-in-Fact & Iowa Resident Agent Title Des Moines, lOw@50309 City, State, Zip Code Telephone Abigail R. Mohr Attorney In-Fact UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint JOHN W. AHROLD, OR JOHN R. FAY, OR KARLENE KENTNER, OR JENNIFER STARK, OR MATT FAY, OR LAURI MENEOUGH, OR ABIGAIL R. MOHR, OR MAT DEGROOTE, ALL INDIVIDUALLY of DES MOINES IA its true and lawful attorney -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: Any, and A11 Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE &CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire & Casualty Company. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by Board of Directors of the Company on May 16, 2012. "Article VI - Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of . insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney -in -fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 28th day of March, 2013 i—� "i4 „,; os State of Iowa, County of Linn, ss: On 28th day of March, 2013, before me personalty came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. UNITED FIRE & CASUALTY COMPANY BY Vice President Judith A. Davis Iowa Notarial Seal Commission number 173041 My Commission Expires 04/23/2015 Notary Public My commission expires: 04 -23 -2015 I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by -laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this 5th day of August 20 13 91 '411111\1\ 04` BPOA0019 0113 Secretary HORSCON -01 CERTIFICATE OF LIABILITY INSURANCE R OJ 1 DATE (MM /DD /YYYY) 817/2013 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 'LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 'PRESENTATIVE 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 BancorpSouth Insurance Services, Inc. PO Box 10547 Springfield, MO 65808 -0547 INSURED Horsfield Construction Co., Inc. P 0 Box 305 Epworth, IA 52045- (417) 841 -3210 NAMEACT Marshall Works HONE 417 841 -3237 FAX A/C No, Esty ( ) (A/C, NO' ADDRESS: marshall.works @bxsi.com INSURER(s) AFFORDING COVERAGE NAIC # INSURER A :Cincinnati Insurance Company ;10677 INSURER B :Liberty Mutual Insurance Company INSURER C INSURER D INSURER E INSURER F : REVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS INSR LTR IS TO CERTIFY THAT NOTWITHSTANDING MAY BE ISSUED AND CONDITIONS THE POLICIES ANY REQUIREMENT, OR MAY OF SUCH OF PERTAIN, POLICIES. ADDL INSR INSURANCE SUER WVP LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE - -. POLICY NUMBER __. __. POLICY -EFF M MIOD/YYYYI 3/31/2013 POLICY EXP M/D (MDIYYYYL 3/31/2014 LIMITS EACH OCCURRENCE $ 1,000,000 A GENERAL X GEN'LAGGREGATELIMITAPPLIESPER: LIABILITY COMMERCIAL GENERAL LIABILITY 1 CLAIMS -MADE j X I OCCUR X X ENP0186480 DAMAGE-TO-RENTED PREMISES fEe occurrence) $ 10 ®,000 MED EXP (Any one person) PERSONAL & ADV INJURY $ $ $ $ $ 5,000 1,000,000 POLICY; X I )ECT 1 LOC GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 AUTOMOBILE LIABILITY X I ANY AUTO ALL OWNED I ! SCHEDULED 1 AUTOS I AUTOS NON -OWNED _ —' HIRED AUTOS 1 AUTOS ENP0186480 3/31/2013 3/31/2014 COMBINED SINGLE LIMIT TEa accident) $ 1,000,000 BODILY INJURY (Per person) $ $ $ BODILY INJURY (Per accident) PROPER IYDAMAGE (Per accide $ A ! X I UMBRELLA LIAB I XJ EXCESS LIAB OCCUR CLAIMS -MADE ENP0186480 3/31/2013 3/31/2014 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED f X f RETENTION$ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Yf N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC535S532214 -013 3/31/2013 3/31/2014 j WC STATU- IOTH- X 1_TORY LIMITS _._ ER- E L EACH ACCIDENT E . DISEASE - EA EMPLOYEE E L. DISEASE - POLICY LIMIT $ $ $ 1,000,000 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) PROJECT: Dubuque Industrial Center South PCC Paving and Utilities 2013 CERTIFICATE HOLDER CANCELLATION The City of Dubuque Iowa 50 West 13th Street Dubuque, IA 52001 -4864 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 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - YOUR WORK This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Ornanization (Additional Insured): The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions &/or authorities and their board members, employees and volunteers. IIW, P.C. WHO IS AN INSURED (Section II) is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that Additional Insured by you or on your behalf. GA 4113 11 99 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Dubuque Industrial Center South PCC Paving and Utilities 2013 (If no entry appears above, information required to complete this endorsement will be shown In the Declara- tions as applicable to this endorsement). A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Proj- ect General Aggregate Limit applies to each designated construction project, and that limit Is equal to the amount of the Gen- eral Aggregate Limit shown in the Declara- tions. 2. The Designated Construction Project Gen- eral Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" in- cluded in the "products- completed opera- tions hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the, Desig- nated Construction Project General Aggre- gate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other des - CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 B. C. ignated construction project shown in the Schedule above. 4. The limits shown In the Declarations for Each Occurrence, Fire Damage and Medi- cal Expense continue to apply. However, Instead of being subject to the General Ag- gregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. For all sums which the Insured becomes legally obligated to pay as damages caused by "occur- rences under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE 0 (SECTION 1), which can- not be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Opera- tions Aggregate Limit, whichever is applica- ble; and 2. Such payments shall not reduce any Des- ignated Construction Project General Ag- gregate Limit. When coverage for liability arising out of the "products - completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included In the "products - completed operations hazard" will reduce the Products- Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY / NONCONTRIBUTORY AMENDMENT OF CONDITIONS FOR DESIGNATED ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured); The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions &/or authorities and their board members, employees and volunteers. With respect to insurance provided the additional insured shown in the Schedule, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS, 5. Other Insurance is deleted in its en- tirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to the additional insured for a loss we cover under Coverages A or B of thls Coverage Part, our obligations are limited as follows: a. Primary Insurance Where required by a written contract, this insurance is primary and noncontributory as respects any other insurance policy issued to the additional insured. Other- wise, b. below applies. b. Excess Insurance This insurance is excess over any of the other insurance available to the additional insured whether primary, excess, contin- gent or on any other basis. When this insurance is excess, we will have no duty under Coverages A or B to defend any claim or "suit" that any other insurer has a duty to defend, If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. GA 409410 01 When this insurance is excess over any other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other Insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, If any, with any other insurance that was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing If all of the other insurance permits con- tribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of in- surance or none of the loss remains, whichever comes first. if any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GOVERNMENTAL IMMUNITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Organization: SCHEDULE The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions & /or authorities and their board members, employees and volunteers. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended to add the following: Nonwaiver of Government Immunity The purchase of this policy and naming 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. Claims Coverage This policy 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. Assertion of Government Immunity The organization shown in the Schedule shall be responsible for asserting any defense of governmental im- munity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Non - Denial of Coverage for Governmental Immunity We shall not deny coverage or 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 juris- diction has ruled in Favor of the defense(s) of governmental immunity asserted by the organization shown in the Schedule, GA 4217 IA 05 03