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Improvement Contract and Bond_Maryville Construction_Fire Station No. 4CONTRACT FORM 3 CITY OF DUBUQUE, IOWA PUBLIC IMPROVEMENT CONTRACT FIRE STATION NO. 4 - MECHANICAL AND RESTROOM UPGRADE PROJECT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 18th day of December, 2013 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Maryville Construction Co., Inc. of Hazel Green, Wisconsin (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 FIRE STATION NO. 4 - MECHANICAL AND RESTROOM UPGRADE PROJECT (Project). 2. Contract Documents means and includes the following: This Public Improvement Contract, the Performance, Payment, and Maintenance Bond, and all ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Bid Proposal; and the Plans, Specifications, and General Requirements in the Contract Documents for the Project. 3. All materials used by the Contractor in the Project must be of the quality required by the Contract Documents and must be installed in accordance with the Contract Documents. 4. The Contractor must 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 must be replaced or redone to the satisfaction of the City Manager at the sole cost and expense of the Contractor. 5. Five percent (5 %) of the Contract price will 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 by any party that may be filed 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 thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter 26. The City will 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 will be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract Documents herein referred to and agrees not to plead misunderstanding or deception related to estimates of quantity, character, location or other conditions for the Project. 7. In addition to any warranty provided for in the specifications, the Contractor must also fix any other defect in any part of the Project, even if the Project has been accepted and fully paid for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Damages Section of the Contract Documents. 9. To the fullest extent permitted by law, the Contractor agrees to 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, Toss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property 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, Toss or expense is caused in part by a party indemnified hereunder. 10. 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 award 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 less than $2,000.00 (Two Thousand Dollars) to the City. 11. The surety on the bond furnished for this Contract must, 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. 12. The Contractor agrees, and its bond is surety therefore, that after the Certificate of Substantial Completion has been issued by the City, it will keep and maintain the Project in good repair for a period of two years. 13. The Project must be constructed in strict accordance with the requirements of the laws of the State of Iowa, and the United States, and ordinances of the City of Dubuque, and in accordance with the Contract Documents. 14. x A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 -330) and Department of Labor Regulations (29 CFR, Part 5). B. The City and the Contractor agree to comply with all provisions of the Davis - Bacon Federal Prevailing Wage Act, if applicable, and related labor requirements and regulations and the Federal Wage Determination for this Project. C. Equipment or products authorized to be purchased with federal funding awarded for this Contract must be American -made to the maximum extent feasible, in accordance with Public Law 103 -121, Sections 606(a) and (b). CONSENT DECREE RELATING TO THE PROJECT THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. j CITY [ 1 CONTRACTOR THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. The City 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 Number 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 its 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 included in the Contract Documents and can be viewed at list p: / /www.cityofdubuqu anrq /c©nsentdecre e. A hard copy is available upon request at the City's Engineering Department Office. 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 must retain, and must 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 period, upon request by the United States or the State, the City must 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 must 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 must deliver any such documents, records, or other information to the EPA or IDNR. CERTIFICATION BY CONTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, 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 Number 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. 4. The Contractor 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 failure to comply with the Consent Decree. Contractor: N/A By: N/A Date: N/A THE CITY AGREES: 15. Upon the completion of the Contract, and the acceptance of the Project by the City Council, and subject to the requirements of law, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total work completed at the price(s) stated in the Contractor's Bid Proposal and Tess any Agreed Damages provided for in the Contract Documents. CONTRACT AMOUNT $216,000.00 CITY OF DUBUQUE, IOWA: By: Signature CONTRACTOR: Date: Date: `2--Z3 -13 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 $750.00 (Seven Hundred Fifty and 00/100 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 anager PRINCIPAL: By: Maryville Construction Co, Inc Contractor CERTIFICATE OF CITY CLERK This is to ce ify that a c- ified copy of the above Contract has been filed in my office on the day of , 213 °: Kevin Firnstahl, City CI Band Nc e 105945453 Executed in Three Copies CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Maryville Construction Co., Inc. as Principal (Contractor) and 7 RJVELERS CASUALTY AND SURETY COMPANY OF AMERICA as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $216,000.00 (Insert Contract Amount) the same being 100% of the total price of the Contract for the Project herein referred to, lawful money of the United States of America, well and truly to be paid to said City of Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, this 18th day of December, 2013, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated December 18, 2013, incorporated herein by reference, has agreed with said City of Dubuque to perform all labor and furnish all materials required to be performed and furnished for the FIRE STATION NO. 4 - MECHANICAL AND RESTROOM UPGRADE PROJECT according to the Contract and Construction Documents prepared therefore. It is expressly understood and agreed by the Contractor and Surety bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: 1. PERFORMANCE BOND: The Contractor shall well and faithfully observe, perform, fulfill and abide by each and every covenant, condition and part of said Contract and Contract Documents, by reference made a part hereof, for the Project, and shall indemnify and save harmless the City from all outlay and expense incurred by the City by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT BOND: The Contractor and the Surety shall pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing Tabor 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 Documents within the period of two (2) years(s) after the Certificate of Substantial Completion has been issued by the City as to the work completed, by reason of defects in workmanship, equipment installed, 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. D. The Maintenance Bond applies to defects in workmanship or materials not discovered or known to the City at the time of the issuance of the Certificate of Substantial Completion for such work. NOW, THEREFORE, the condition of this obligation is such that if the said Contractor shall perform all of the work contemplated by the Contract in a workmanlike manner and in strict compliance with the plans and specifications, and will pay all claims for labor and materials used in connection with said Project, to indemnify the said City for all damages, costs and expense incurred by reason of damages to persons or property arising through the performance of said Contract, and will reimburse the City for any outlay of money which it may be required to make in order to complete said Contract according to the Construction Documents and will maintain in good repair said Project for the period specified in the Contract where this bond is obligated for maintenance, and will faithfully comply with all of the provisions of Section 573 of the Code of Iowa, then this obligation shall be null and void, otherwise it shall remain in full force and effect. All the conditions of this bond must be fully complied with before the Contractor or the Surety will be released. The Contract, Contractor's Proposal, and Construction Documents shall be considered as a part of this Bond just as if their terms were repeated herein. Dated at Dubuque, Iowa this 30th day of December , 2013. CITY OF DUBUQUE, IOWA By: City Manager PRINCIPAL: By: Maryville Construction Co, Inc Contractor Signature /. Title SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF AM 'A Surety Company By: Joseph L. Vigna, Attorney-In-Fact Title 17035 Wiirit t1sc. .!!'verus - Slitt. 135 Brr:ckfield, Wisconsin 53005 City, State, Zip Code 262-792-2210 Telephone Joseph L. Vigna Attorney In-Fact Ate TRAVELERS WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 219817 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 005575705 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Elizabeth M. Fedyn, Joseph L. Vigna, Dennis M. Barton, Daniel G. Johnson, and Michael T. Burg of the City of Brookfield , State of Wisconsin , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions of proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of July 2013 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By: Robert L. Raney, Senior Vice President On this the 25th day of July 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. \1\-. . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES FOR CONTRACTORS & SUBCONTRACTORS Submitting Department: Engineering Department Department Contact: Steve Sampson Brown Project CIP Number(s): 102 -1460 Please complete this form in its entirety and submit along with the executed Construction Contracts, Bonds and Certificate of Insurance. Upon receipt, the City Finance Department will work with the Iowa Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to allow for the purchase or inventory withdrawal of materials for the specified Construction Project free from State of Iowa Sales Tax. Sales tax exemption certificates are not provided to material suppliers. The general contractor and subcontractors can provide copies of the sales tax exemption certificates issued by the City to individual material suppliers. Construction Project Name: Fire Station No. 4 Mechanical and Restroom Upgrade Project Description: The project will provide for the replacement of the fire station's air conditioning and ventilation systems, along with full renovation of the existing second floor restroom in order to create two, separate restrooms. Start Date (Bid let date): November 4, 2013 Completion Date: May 2, 2014 1. General Prime Contractor: M4ryville Concf-r»r Hon Co , Inc Contact Name: Mi kP Marla Complete Address: (Include PO Box and Street Information) 3856 Northview Drive City, State, Zip Code Hazel Green, WI- 53811 Telephone Number: 608 - 748 -4473 Federal I.D. Number: (or Include Social Security Number) 39- 1247381 Work Type to be Completed: General Construdtion 2. Subcontractor: Cummer Masonry Complete Address: (Include PO Box and Street Information) 15551 Haberkorn Road City, State, Zip Code Sherrill, Iowa 52073 Telephone Number: 563 - 552 -2733 Federal I.D. Number: (or Include Social Security Number) 42- 1457323 Work Type to be Completed: Masonry 3. Subcontractor: Complete,Address: (Include PO Box and Street Information) C7,i PRP Cmm ani P4 2125 Kerper Blvd. City, State, Zip Code Telephone Number: Dubuque, Iowa 52001 563 - 588 -2023 Federal I.D. Number: (or Include Social Security Number) 42- 0869875 Work Type to be Completed: Roofing and electrical 4. Subcontractor: Brecke Mechanical Contractors Complete Address: (Include PO Box and Street Information) 17515 Peru Road City, State, Zip Code n„h„g„P Tnwa 563 -583 -4852 Telephone Number: Federal I.D. Number: (or Include Social Security Number) Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: Plumbing 5. Subcontractor: All Season's Complete Address: (Include PO Box and Street Information) 798 Cedar Cross Road City, State, Zip Code Dubuque, Iowa 52003 Telephone Number: 563- 582-8884 Federal I.D. Number: (or Include Social Security Number) 42- 1270657 Work Type to be Completed: HVAC 6. Subcontractor: Commercial Flooring Complete Address: (Include PO Box and Street Information) City, State, Zip Code 10676 Keywest Drive Telephone Number: Federal I.D. Number: (or Include Social Security Number) Dubuque, Iowa 5 2004- 563 582 4976 42- 1359307 Work Type to be Completed: Flooring 3. Subcontractor: MDmchilovich Drywall Complete Address: (Include PO Box and Street Information) 7517 Buzz Lane City, State, Zip Code City, State, Zip Code Platteville, WI® 53818 Telephone Number: 608- 778 -7796 Painting Federal I.D. Number: (or Include Social Security Number) 54- 2084423 Work Type to be Completed: Drywall 4. Subcontractor: Lambropoulos Painting Complete Address: (Include PO Box and Street Information) 7307 Bradel Cove Road City, State, Zip Code ,bi 1P Tgwa 57n0-n491 Telephone Number: Federal I.D. Number: (or Include Social Security Number) J63 -55G -2305 42- 1384565 Work Type to be Completed: Painting 5. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: 6. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: 26- 12 7'13 06,08 FROCI- Central States Ins, 2627810557 T -362 P002/007 F -759 ACQR; CERTIFICATE I I LITY INSURANCE DATE(MMIDD /YYYY) 12/26/2013 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 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 poticy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorseitient. A statement on thls certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER .. . Central Suites Insurance 19275 W. Capitol Dr. Step. 204 P.0, Box 746 Brookfield, WT 53008-0746 INSURED 600 - 748'1473 Maryville Construction co, 3056 Northview Or. I"tto 1 Hazel Green, WI 53811 CONTACT Br Ain C4. Ilofffilan NAME (tiff t�4.Ext);._ 167 !£il 2360 1 FAX N�); 2t 2 111 OH? / ADDRESS: EMAIL b}TOf: i:nta nee aans u ran ce CQJt[I (N$URER(s) AFFORDING (.OVERAGE,__ INSURERAaWept Bend Mutual Ins. Co, 1535,0 (NSURCR. B INSURERC ; INSURER() INSUR£RE; INSURER F • rrn/t= s�nrs>" ERTIF{CATE NUMBER: REVISION NUMBER: THIS INDICATED, CERTIFICATE EXCLUSIONS INSR LTR IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, MAY 13E ISSUED OR MAY AND CONDITIONS OF SUCH TYPE OF INSURANCE � OF INSURANCE PERTAIN, POLICIES, AODLSOISfi_.•.,_.. INSR MVO LISTED 3ELOW HAVE SEEN TERM OR CONDITION OF ANY THE INSURANCE Af=FORDf_D BY LIMITS SHOWN MAY'HAVE SEEN REDUCED —� POLICY NUMBER ISSUED TO CONTRACT THE POLICIES BY MMIDDIYYT { } p'/ /01 /'1.U1:1 07/01/20.13 THE INSURED OR OTHER DOCUMENT DESCRIBED PAID CLAIMS. (MMIf)DYVYY ) 0'T /01 /7,(111 07/01 /2019 NAMED ABOVE FOR THE POLICY PERIOD WITH RESPECT TO WHICH THis HEREIN IS SUBJECT 1'O ALt. THE TERMS, • LIMITS A GENIcRALUAHILItY X _�- GFNL COMM[;RCIAIGINERALIIA0ILIYY __l CLAIMS MACE (x-_l AGGREGATE LIMIT APP(ILSPER; POLICY I Jra r OCCUR , LOG )L X CPV0205724 CPV0205724 EACH OCCURRENCE tRFMISFS (Es occurrence) MED EXE (Any one,pwmn} ,,, PERSONAL BADVINJURY GENERA! AGGREGATE. PRODUCTS • COMP /OPAGG CUt 1UttTLU SIN t i IIMI7 (,L3ilecide011,.,,,,,,,,„ „. -,�„ BODILY INJURY (Per person) $ 1,000;000 $ 200 000 .,,• .. , , 10 000 3 1, 000, 000 $ zr 000, 000 $ 2 000 000 , ,,.,,_ ,..;1.,.,000 -000 $ A AUTOMOBILELIAtiILITY X X ANY ntrro ALL OWNED AUTOS HIRED AUTOS _ SCHEDULED AUTOS NON-OWNED AUTOS 000ILY INJURY (Pur accident) $ PROPERTY DAMAGE LVR..c.S4PI1 .__.. ,.. . , , $ A X UMOR{LLA_LIAf3 EXCESSLIAB DED I RETENTIONS XI 1OLAIM4•MADE OCCUR CW10209077 07/01/2.011 07/01/2014 CACI!OCCURRENCI• AGGREGATE. s 3000, 000 S..__ 3 000,000 $ 7\ WORKERSCOMPEN$ATION ANUEMPLOYERS'LIABILITY Y ( N ANY PROPRIETORIPARYNER/IXICUTIVh r OFIICERIMEMBLREXCLUDED? l J (Mandatory ln NH) " I1yo», describe under DESCRIPTION OF OPERATIONS below NIA X V.7V0209076 X E.L. F..L WC smiu• f IOfll- _WRYtIMIZ$I Etj CACIIACCIDENT _ DISEASE -EA EMPLOYEE $ 500,000 $ 500,000 _ $ 50 0 , 00 0 - 1.L. DISEASE • POLICY LIMIT DESCRIPTION Or OPERATIONS! LOCATIONS! VEHICLES (Attach ACORD 101, Addition0i Remarks Schedule if more Ono Is required) Project 1 Fire Station NO, 4 •• Mechanical, and res ytrooln up3rade The City of Dubuque, including all its elected and appointed officia1a, all its employees and volunteers, all its hoards, conmm:i.ssions and /or authorities and their hoard members, employees and volunteers are (Additional insureds on a primary and non- contributory basis per form Wi31482. [corm CO2503 "Designated Locations" is included along with Governmental Immunities endorsement, Waiver of subrogation in favor of City of Dubuque on workers eoYipaneat100 ie included. CERTIFICATE HOLDER CANCELLATION City of Dubuque 50 West 13th Street .Dubuyue3, IA 52001 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AU77 EOREPRr =SEN IsTIvE / ...4,....„ 01988-2010 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD 26- 12 -'13 00:08 FROM- Central States Ins, 2627810557 T -362 P003 /007 F -759 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- CONTRACTOR'S BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section 1I) 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. The written contract or written agreement must be: 1. Currently in effect or becoming effective dur- ing the term of this policy; and 2, Executed prior to the "bodily injury," "property damage," "personal injury and advertising in- jury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an addi- tional insured with respect to liability arising out of: a. Your premises; b. Your work" for that additional insured; or c. Acts or omissions of the additional insured in connection with the general supervision of "your work." 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. WB 1482 06 06 3. Except when required by written contract or written agreement, the coverage provided to the additional insured by this endorsement does not apply to: a. "Bodily injury" or "property damage" occur- ring after: (1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as part of the same project. b. "Bodily injury" or "property damage" arising out of acts or omissions of the additional insured other than in connection with the general supervision of "your work." 4. The insurance provided to the additional in- sured does not apply to "bodily injury," "prop- erty damage," "personal injury and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional 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 specifica- tions; and b. Supervisory, or inspection activities per- formed as part of any related architectural or engineering activities. West Bend Mutual Insurance Company Page 1 of 2 West Bend, Wisconsin 53095 26- 12 -'13 00:09 FROM- Central States Ins, 2627810557 T -362 P004/007 F -759 C. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS is amended with the addition of the fol- lowing; 4. Other insurance b. Excess insurance This insurance is 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 spe- cifically requires that this insurance be ei- ther primary or primary and noncontribut- ing. Where required by written contract, we will consider any other insurance maintained by the additional insured for injury or damage covered by this en- dorsement to be excess and noncontrib- uting with this insurance. When this insurance is excess, as a con- dition of coverage, the additional insured shall be obligated to tender the defense and indemnity of every claim or suit to all other insurers that may provide coverage to the additional insured, whether on a contingent, excess or primary basis. Page 2 of 2 West Bend Mutual Insurance Company WB 1482 06 06 West Bend, Wisconsin 53095 26- 12 -'13 00:10 FROM- Central States Ins. 2627810557 T -362 P005 /007 F -759 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE DESIGNATED LOCATION( S) : ALL LOCATIONS SHOWN ON THE DECLARATIONS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section 1- Coverage A, and for all medical expenses caused by accidents under Section 1- Coverage C, which can be attributed only to operations at a single designated "loca- tion" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location ", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except dam- ages because of "bodily injury" or "property damage" included in the "products- completed operations hazard ", and for medical expenses under Coverage C regardless of the number of: a. Insureds; CG 25 04 05 09 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 Designated Loca- tion General Aggregate Limit for that desig- nated "location ". Such payments shall not re- duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations;-such limits will be subject to the appli- cable Designated Location General Aggre- gate Limit. © Insurance Services Office, Inc., 2008 Page 1 of 2 26- 12 -'13 00:10 FROM- Central States Ins. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section 1- Coverage A, and for all medical expenses caused by accidents under Section 1 - Coverage C, which cannot be attrib- uted only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit. 2627810557 T -362 P006/007 F -759 C. When coverage for liability arising out of the "products- completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. E. The provisions of Section III - Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 26 04 05 09 26- 12 -'13 00:11 FROM- Central States Ins. 2627810557 T -362 P007/007 F -759 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Governmental Jurisdiction(s): CITY OF DUBUQUE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Nonwaiver of Governmental Immunity We expressly agree and state that the purchase of this policy and including the governmental jurisdic- tion(s) shown in the schedule as an additional in- sured does not wave any of the defenses of govern- mental immunity available to the jurisdiction(s) under Code of Iowa Section 670.4 as it now exists and it may be amended from time to time. Claims Coverage We further agree that this policy shall cover only those claims not subject to the defense of govern- mental 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 governmental jurisdiction(s) shown in the schedule shall be responsible for asserting any de- fense of governmental immunity, and may do so at any time and shall do so upon the timely written request of us. Nothing contained in this endorse- ment shall prevent us from asserting the defense of governmental immunity on behalf of the governmen- tal jurisdiction(s) shown in the schedule. WB 1882 04 08 Non - Denial of Coverage We shall not deny coverage under this policy and we shall not deny any of the rights and benefits accruing to the governmental jurisdiction(s) shown in the schedule under this policy for reasons of govern- mental immunity unless and until a court competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the governmen- tal jurisdiction(s) shown in the schedule. No Other Change in Policy We and the governmental jurisdiction(s) shown in the schedule agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. West Bend Mutual Insurance Company Page 1 of 1 West Bend, Wisconsin 53095