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Bee Branch Restoration Proj Phase ITHE CITY OF DuB E MEMORANDUM ~,. `~ ~ January 29, 2007 TO: Michael C. Van Milligen, City Manag FROM: Gus Psihoyos, City Engineer ` SUBJECT: Bee Branch Restoration Project -Phase I Enclosed is the contract between Terracon and the City of Dubuque for the environmental soils investigation associated with Phase I of the Bee Branch Creek Restoration Project. The City is requesting that Terracon collect the samples during the week of January 24, 2007, and present its analytic results by February 14, 2007. The Certificate of Liability Insurance has been reviewed and approved by Finance Director Ken TeKippe to ensure compliance with the City's insurance requirements. I would request that you execute the attached documentation and return it to my office. cc: Steven Sampson Brown, Project Manager Attachs. THE CITY OF DuB E MEMORANDUM ~-~~ January 18, 2007 TO: Steve Samson Brown, Project Manager FROM: Deron Muehring, Civil Engineer II SUBJECT: Bee Branch Restoration Project (CIP#7201654) INTRODUCTION The purpose of this memo is to seek authorization, through the execution of the attached short form improvement contract, to hire Terracon Consultants, Inc. to perform an environmental soils investigation associated with Phase I of the Bee Branch Creek Restoration Project. DISCUSSION The study involves the collection of fifteen (15) samples. Of which, thirteen (13) will be taken from locations that the lead or metal content is unknown. Therefore, they will be tested for metals and only tested form a TCLP if metal concentrations exceed 400 mg/kg. The other two samples will be collected from the approximate location found previously to have a high lead content. The lead TCLP will be performed on these samples. The attached short form contract reflects Terracon's proposal. and associated fees of $3,950 to collect the samples by January 24"', 2007 and present the analytical tests results by February 14"', 2007. If elevated lead levels are discovered at all sites, then the total testing would mean an additional $715 in testing services. That would bring the total study to $4,665. BUDGET IMPACT The $3,950 study will be funded with the FY07 CIP for Bee Branch Creek Restoration Project (CIP#7201654). ACTION REQUESTED I respectfully request that the attached short form contract be presen#ed to the City Manager for his review and signature. cc: Gus Psihoyos, City Engineer THE CITX OF ~~ Vii. ~..6 CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT City of Dubuque Engineering Department 50 W. 13th Street Dubuque, IA 5200'1 {563) 589-4270 (563) 589-4205 FAX THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and Terracan Conscl ~+a-~.=F.s IKc.. (Contractor) r Name) of the City of Bettendorf, IA {Contractor Address - Gty and State) PROJECT TITLE: Bee Branch Creek Restoration Project Soil Characterization Study 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 Project}: See attached proposal from Terracon dated January 11, 2007 The work described above shall be completed at the following location(s): See attached drawing The Project shall be constructed to the existing grades and to any revised grades as described in this Project contract; 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 which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detailed statements thereof were repeated herein.. Page 1 of 4 2,. Contract Documents shall mean and include the following: This Improvement Contract; all ordinances and resolutions. heretofore adopted by the City Council having to do with the Project; the Contractor's Proposal; and the conditions described in the Contract, including any Special Conditions, Plans and 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°!0) of the Contract price may be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Manager 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 [owa Code Chapter 573 The City shall also retain additional sums to protect itself against any claim that has been fated 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 suchclaims have been settled, adjudicated or otherwise disposed of.. 6. T'he Contractor has read and understands the City of Dubuque Standard Specifications ` including General Requirements and has examined and understands the project description described in Section 1 and any attached Special Conditions 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. The-Goetr~aetor~ialt-guarar~tee~er--a-peFied-twe-ye 8. The Contractor shall fully complete the Project under this Contract on or before Samples by Jan. 24, 2007; Report presented to City by February 74, 2007 {DATq 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 ~ir3-w+~elE~-erg-~it~ by negligent ac#s 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, , Page 2 of 4 10.. Unless otherwise specified in the Con#ract Documents, prior to the commencement of any work on the Project and at all times during the performance of this Contract, the Convector shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule for Artisan Contractors or General Contractors. THE CITY AGREES• Upon the completion of the Contract, and the acceptance of the Project by the City Manager, 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 contract, special conditions and contractors proposal is approximate only and the final payment shall be made by the work covered by the Contract CONTRACT ESTIMATED AMOUNT $ 3,950 THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE O~ 30 % OF THE ABOVE LISTED ESTIMATED AMOUNT. CITY OF DUBUQUE, IOWA BY= Michael C Van Milligen Date City Manager PRINCIPAL: Terracon Go tas ~ ~'cu.•-Fs, ~Kc . ontractor By: ~ j 1 ~~ nature Date John F. ~Brimeyer, PE Prin#ed Name Environmental Manager Title ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITIONS: BY- `~ t (8' 4 i nature Date John F. Brimeyer, PE Printed Name Environmental Manager Title Page 3 of 4 The following special conditions shall apply to this Project: See attached 'f'erracon proposal No. 0707006 REV 12.1/05 Page 4 of 4 ~. January 11, 2007 City of Dubuque 50 West 13tH Street Dubuque, Iowa 52001 Attention: Mr. Deron Muehring Re: Proposal for Bee Branch Sewer Soil Characterization 16tH Street and Sycamore Street Dubuque, Iowa Proposal No. 0707006 Dear Mr. Muehring: 1 ~~rr~con Consulting Engineers 8 Scientists 870 40th Avenue Bettendort, Iowa 52722 Phone 563.355.0702 Fax 563.355.4789 www.terracon.com Terracon is pleased to present the City of Dubuque (City) with our proposal to perform environmental services at the location referenced above. We have set forth our understanding of the work and corresponding scope and fees. If we have misunderstood any aspect of the work, please let us know as soon as possible so we can evaluate our scope and make any necessary adjustments. A. PROJECT INFORMATION The City is evaluating alternatives for the proposed Bee Branch Sewer replacement project. The current alignment crosses through the central portion of the former Dubuque Packing Company (Pack) property, follows the Sycamore Street alignment from 16tH Street to 15tH Street, and then discharges into the 16tH Street Detention Basin (Basin). Developers of the Pack property have proposed an alternate alignment that follows along the western property line of the Pack property, crosses 16tH Street, turns east from Maple Street to Sycamore Street, and then discharges into the Basin. The alternate alignment crosses the former Blum Properties, Inc. (Blum) site, a former metal scrap yard. Phase II environmental site assessment of the Blum site by others has identified lead concentrations in soil above Iowa Department of Natural Resources (IDNR) Statewide Standards. Laboratory analytical results identified reported lead concentrations in the 0-2 foot below ground surface (bgs) sample interval ranging from 227 milligrams per kilogram (mg/kg) to 1,430 mg/kg and in the 2-4 foot bgs sample interval at 624 mg/kg. In addition, previous environmental site assessment activities of City-owned property east of Sycamore Street identified reported lead concentrations along the current and alternate alignments ranging from 17.2 mg/kg to 741 mg/kg. Samples on the City-owned property were collected below reported landfill material at a depth of 12-15 feet bgs. The Statewide Standard in Iowa is 400 mg/kg. Delivering Success for Clients and Employees Since 1965 More Than 80 Offices Nationwide Proposal for Bee Branch Sewer Soil Characterization Proposal No. 0707006 January 11, 2007 l~erracon The City intends to characterize soils along the current and alternate alignments for selected landfill disposal parameters consistent with the observed heavy metal impact. Duplicate samples will be collected from areas with observed elevated lead impact and analyzed for selected hazardous waste characteristics. In addition, samples will be collected at varying depths throughout the range of proposed construction activities and analyzed for heavy metals. If elevated concentrations are observed, these samples may also be analyzed for selected hazardous waste characteristics. Proposed soil boring locations and depths and analytical parameters will be as presented in correspondence from the City dated January 10, 2007 and as discussed with Mr. Deron Muehring on January 11, 2007. It is understood that the proposed services are intended for preliminary characterization of soils that may be encountered along the current or alternate alignment. The City intends to use the results of soil sampling and analysis activities to develop preliminary opinions of probable construction costs for comparison of the current and alternate alignments. The proposed scope of services is not intended to fully characterize soils for disposal at a solid waste or hazardous waste facility. Additional analysis may be required prior to acceptance of impacted material at the selected disposal facility. The extent of additional sampling and analysis will be subject to the nature of the material, suspected or known contaminants, and the disposal facilities requirements. B. SCOPE OF SERVICES Terracon will complete the following scope of services. • Terracon will mobilize atruck-mounted Geoprobe® rig and sampling crew to the project site. • Terracon will advance two Geoprobe® soil borings (07-1 and 07-2) on City owned property east of Sycamore Street to a maximum depth of approximately 16 feet bgs, one Geoprobe® soil boring (07-3) on City owned property east of Sycamore Street to a maximum depth of approximately 4 feet bgs, one Geoprobe® soil boring (07-4) on the Blum site to a maximum depth of approximately 2 feet bgs, one Geoprobe® soil boring (07-5) on the Blum site to a maximum depth of approximately 12 feet bgs, and two Geoprobe® soil borings (07-6 and 07-8) within City right-of-way to a maximum depth of approximately 2 feet bgs. • Terracon will sample the soil borings continuously and will field screen the recovered material with a photoionization detector (PID). Terracon will select one soil sample from each four-foot or less sampling interval in each soil boring for laboratory analysis of total Resource Conservation and Recovery Act (RCRA) metals by USEPA Methods 6010/7471 or Toxic Characteristic Leachate Procedure lead by USEPA Methods 1311 and 6010. For samples analyzed for total RCRA metals, a second sample will be collected and placed on hold for possible TCLP lead analysis. Sample analytical parameters are summarized below. 2 Proposal for Bee Branch Sewer Soil Characterization Proposal No. 0707006 January 11, 2007 Table 1 -Soil Sample Analytical Parameters lferr~con Soil Borin s Sample Interval Total RCRA Metals TCLP Lead 0-4 feet X HOLD 4-8 feet X HOLD 07-1 and 07-2 8-12 feet X HOLD - - --- ----- -----12-16 feet ._--- - - ---.-.--- X------- - - HOLD 07-3 0-4 feet X HOLD 07-4 0-2 feet X 0-4 feet X - - ------ 07-5 4-8 feet- ---- ---___ X _.____-.----- --- --- HOLD ~------ - _ --- 8-12 feet ------ ------- X HOLD 07-6 and 07-8 0-2 feet X HOLD • Upon completion of sampling activities, Terracon will abandon each. soil boring with bentonite chips. Excess soil cuttings will be spread on the ground surface at the site where the boring was advanced. • Following the receipt of preliminary laboratory analytical results, Terracon will review the information and will provide verbal recommendations to the City regarding the analysis of "held" samples. Terracon will advance the soil borings using direct-push technology provided by a truck- mounted Geoprobe® rig equipped with dual-tube sampling equipment. Dual-tube sampling equipment uses two sets of stainless steel probe rods to collect continuous soil cores. Terracon will drive one set of rods into the ground as an outer casing. These rods receive the driving force from the hammer and provide a sealed hole from which Terracon will recover soil samples. Terracon will place the second, smaller set of rods inside the outer casing. The smaller rods hold a polyvinyl chloride (PVC) sample liner in place as Terracon drives the outer casing a distance corresponding to one sampling interval. Terracon will then retract the small rods to retrieve the sample-filled liners, which are approximately two inches in diameter. Terracon will field screen soil samples using a photoionization detector (PID). This device provides a direct reading in parts per million isobutylene equivalents. The PID is a nonspecific total vapor detector and cannot identify unknown substances; it can only roughly quantify them. Upon removal of the sampler from the borehole, Terracon will cut a portion of sample from the total sample and seal it in a Ziploc® bag. After a stabilization period, Terracon will screen the headspace above the soil using the PID equipped with an approximate 10 electron-volt ultraviolet lamp source. Terracon will calibrate the unit in accordance with manufacturer's recommendations. Terracon will transfer the soil samples into laboratory-prepared containers. After packaging each sample, Terracon will record the sample time on each container label in permanent ink and place the filled containers in an ice-filled cooler for transport to Terracon's Bettendorf 3 Proposal for Bee Branch Sewer Soil Characterization Proposal No. 0707006 January 11, 2007 l Terracon office. At the office, Terracon will transfer the samples from the coolers to a refrigerator to await pick-up. A laboratory courier will pick up the samples from Terracon's Bettendorf office and deliver them to Environmental Science Corporation (ESC) in Mt. Juliet, Tennessee under standard Chain-of-Custody procedures. Terracon will clean non-dedicated sampling equipment using an Alconox~ detergent wash and potable water rinse before commencement of the project and before collection of each sample. Terracon will develop a generic safety plan for use by our personnel during field services. At this time, we anticipate that all personnel in the work area will require a USEPA Level D work uniform consisting of hard hats, safety glasses, protective gloves, and steel-toed boots. In the event that Terracon encounters petroleum or chemical constituents that present an increased risk for personal exposure, it may become necessary during sampling activities to upgrade this level of protection at additional cost. Terracon agrees to call the Iowa One-Call service and request location and markings for all utilities that Iowa One-Call is responsible for before commencing drilling at the site. If there are public or private utilities not included in the Iowa One-Call request, locating of those will be the City's responsibility. The City agrees to arrange for a private utility company to locate unmarked utilities or provide Terracon with detailed as-built information regarding the location of any other public and private utilities. Terracon will be responsible to the extent they drill in an area where a utility has been properly located and marked. Terracon is not responsible to the extent any loss, damage, or injury is caused by the failure to locate a utility properly, or inaccurate and/or incomplete information provided by others. Terracon will measure soil boring locations relative to a convenient site features. The boring layout will be approximate. Terracon will generally estimate angles visually and measure distances from available reference features using a tape and/or a dimensioning wheel. The location of soil borings will be accurate only to the degree implied by these methods. If more precise boring locations and/or elevations are desired, we suggest that the City retain a firm specializing in surveying to develop this information. We anticipate performing fieldwork within 10 working days after receiving written notice to proceed. We estimate that our written report can be prepared and mailed from this office within approximately 5 working days following the receipt of analytical testing results. Analytical testing for this type of project typically requires approximately two weeks depending on laboratory workloads at receipt of samples. "Held" samples that are authorized for laboratory analysis following the receipt of preliminary results will require additional time to analyze. We will discuss the effects on schedule with the City if this situation arises. If the report is needed sooner, please contact our office with your time constraints. 4 Proposal for Bee Branch Sewer Soil Characterization leerracon Proposal No. 0707006 January 11, 2007 Terracon will submit two originals of our report to the City following completion of field activities and receipt of analytical results. Each report will include the following elements. • Topographic location map • Soil boring location map • Description of field methods • Boring logs • Discussion of soil analytical results Terracon's report will be prepared for the exclusive use and reliance of the City. Reliance by any other party is prohibited without the written authorization of the City and Terracon. If the City is aware of additional parties that will require reliance on the report, the names, addresses, and relationship of these parties should be provided for Terracon approval before the time of authorization to proceed. Terracon will grant reliance on our report to those approved parties upon receipt of a fully executed Reliance Agreement (available upon request). If, in the future, the City and Terracon consent to reliance on the report by a third party, Terracon will grant reliance upon receipt of a fully executed Reliance Agreement and receipt of an additional fee of $250.00 per relying party per report. Reliance on the report by the City and all authorized parties will be subject to the terms, conditions, and limitations stated in the Agreement for Services (and sections of this proposal incorporated therein), the Reliance Agreement(s), and our report. C. COMPENSATION Based on the scope of services presented in Section B, we propose a lump sum cost of $3,950, which is valid for 90 days from the date of this proposal. Additional analysis of soil samples for TCLP lead, if authorized, will be completed for a fee of $55 per sample. Terracon may submit interim invoices that will not express itemized unit rates. Should conditions be encountered at the site that require major revisions in the program and/or result in significantly higher costs, we will contact you and proceed further only with your approval. Requested work performed beyond the scope of this proposal will be charged at the rates on Terracon's Unit Fee Schedule. 5 Proposal for Bee Branch Sewer Soil Characterization l~erracon Proposal No. 0707006 January 11, 2007 D. AUTHORIZATION Please sign and return one copy of the accompanying Agreement for Services, and Access Agreement, if applicable, to our Bettendorf, Iowa office. If you have any questions, please contact us. Sincerely, 11'~rracon `{`' J h F. Brimeyer, PE Environmental Manager Brian Porter, PE Senior Project Manager Attachments JFB/BRP~b1 N:1A_PROPSI\ENV\2007\0707006\Proposal.doc 6 ' ~~rracon AGREEMENT FOR SERVICES This AGREEMENT is between the City of Dubuoue ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the Bee Branch Sewer Soil Characterization project ("Project), as described in the Project Information section of Consultant's Proposal dated January 11, 2007 ("Proposal") unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Scope of Services section of the Proposal ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Clients request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. 3. Change. Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performetl. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following- Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. prevailing wage. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties. For a limited time period not to exceed three months from the date of the report, Consultant will issue additional reports to others agreed upon with Client, however Client understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and Consultant receives the agreed-upon reliance fee. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE RISKS SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall defend, indemnify, and hold harmless the other, their agents, and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Causes of action arising out of Consultant's services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limkations shall commence to run not later than the date of Consultant's substantial completion of services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and P. D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. Agreement Reference Number (Terracon Proposal or Project Number):0707006 Rev. 12-05 -~~ ~~erracon 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce -not eliminate -project risk. Client agrees to the level or amount of testing performed and the associated risk. Client is responsible (even if delegated to contractor) for. notifying and scheduling Consultant so Consultant can perform these Services. Consultant shall not be responsible for the quality and completeness of contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by contractor or its subcontractors and is not responsible for their means and methods. 74. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of tests (unless stated othervvise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials°) at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Material unless specifically provided in the Services, and that Client is responsible for directing such disposition. In the event that test samples obtained during the performance of Services (i) contain substances hazardous to health, safety, or the environment, or (ii) equipment used during the Services cannot reasonably be decontaminated, Client shall sign documentation (if necessary) required to ensure the equipment and/or samples are transported and disposed of properly, and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site. Accordingly, Client waives any claim against Consultant and agrees to indemnify and save Consultant, its agents, employees, and related companies harmless from any claim, liability or defense cost, including attorney and expert fees, for injury or loss sustained by any party from such exposures allegedly arising out of Consultant's non-negligent performance of services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subcontractors, or other parties present at the site. 18. Termination. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the project. Consul t: err n sultants, Inc. By: ate: 1 /11107 Na a ftle: John F. Brimeyer, En ronmental Manager Add a s: 870 40th Avenue Bettendorf, Iowa 52722 Phone: 563.355.0702 Fax: 563.355.4789 Clien : f ubuque By: ,;rvl Date: ~;~ Na elfitle: Address: 50 West 13t'' Street Dubuque, Iowa 52001 Phone: 563.589.4276' Fax: 563.589.4205 Agreement Reference Number (Terracon Proposal or Project Number):0707006 2 of 2 Rev. 12-05 r ns, crnurcnre is r~rcuu:u ov r.rnrrr :vruum: msurane~ ~,ruu v` res •~s sucn insurance as w auorueu ov muse co • men n:vr r ¢~e Certificate of Insurance This certificate is issued as a matter of information only and rnnfers no rights upon you the certificate holder. This certificate is not an insurance policy and does not amend, extend, or alter the coverage afforded b the licies listed below. This is to certify that (Name and address of Insured) TERRACON CONSULTANTS, INC. 870 40th Avenue Bettendotf, IA 52722 at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subja is rot altered b an requirement, term or condition of any crontrar4 or other document Ex iration T e Continuous* Extended X Policy Tenn Workers Compensation General Liability Claims Made Occtnzence Retro Date to which this certificate ma be Bodily Injury and Property Damage Liability Per Occurrence Personal and Advertising Injury Per Person / Eff .Date(s) Poll Number(s) Limits of Liabili 07/01/2006 / 07/01/2007 WA2-14D-4254 1 1-046 Coverage afforded ender WC law of Employers Liability 07/01/2006 / 07/01/2007 WC2-141-425411-066 the fdlowing states: Bodil u B Accident y ~i n' y AK, AR, AZ, CA, Co, FL, GA, IA, ID, TL, $1,000,000 Each Accident KS, KY, MAT. MO, MT, NC, ND, NE, NM, Bodily Injury By Disease NV, OH, OK, SC, TN, TX, UT, WI, WY $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Person General Aggregate-Other than Prod/Completed Operations Products/Completed Operations Aggregate Other Liability ~ Other Liability Aatomobile Liability X Owned X Non-0wned X Hired Each Person Each Accident or Occurrence Each Accident or Occurrence C *WA Policy includes deductible endorsement with $350,000 deductible per occutrenoelclaims (disease) with the provision that Liberty Mutual will (may) advance payment of O the deductible amount. -PROJECT: Port of Dubuque Brownfieids Redevelopment. PROJECT NUMBER: 07037005. M M E N T :B the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. However, you will not be notified annually of the continuation of coverage. Special Notice -Ohio: Aay person who, with intent to defraud or Snowing that he /she is facilitating a fraud against an insurer, submits an application or files a claim containing a false or decxptive statement is guilty of irtsuratx:e fraud. lreQatant information to Florida policyholders and ~cate holders: is tbe event you have any questions or need information about this certiFcate for any reason, please contact your local sales producer, whose narrre aad telephone number appears in the lower kft corner of thsc certificate. The appropriate local sales office mailing address may also be obtained by calling this number. Noti« of cancellation: (not applicable unless a number of days is entered below) . Before the stated expiration date the corr>paay will not cancel or reduce the insurance afforded under tbe above policies until at least 30 days notice of such cancellatlon has beta mailed to: Office :OVERLAND PARK, KS Phone: 913-681-1700 Certificate Holder. City of Dubuque, Iowa Economic Development Dept. Attn: William Baum City Hall, 50 West 13th Street Dubuque, IA 52001 07/01/2006 / 07/01/2007 ~ AS2-141-425411-076 ~ Each Accident -Single Limit - B. I. and p. D. Combined S 7Il ...: Liberty Mu1~~a1~. W all their terms, exclusions and conditions and CHRISTINA GRAVELY Date Rued: Ob/23/200b Prepared By:'CH ~ ~ ACORDra CERTIFICATE OF LIABILITY INSURANCE o~ioli2oo~ DATE (MM/DD/VY) ov23i2oo7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER LOCKTON COMPANIES, LLC-1 KANSAS CITY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W. 47th Street, Suite 900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Kansas City Mo 64112-1906 (816) 960-9000 INSURERS AFFORDING COVERAGE INSURED INSURERA: AMERICAN INTERNATIONAL SPECIALTY** TERRACON CONSULTANTS, INC. 12315. wsuRER B : **LINES INSURANCE COMPANY 870 40TH AVENUE BETTENDORF IA 52722 INSURER c : AN AIG COMPANY, A+XV CHICAGO INSURER D INSURER E w\Irc nncC unT rn\ICTITIITF a f`f1NTRef:T RFTWFFN TNF ISSUING nn 1\iC no oonnrlf`cQ ANn T41F f`FOTIFIf`eTF Hf11 I]FR GUVtHAG t~ + ~- nv - - - - - - ---- THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE S 1000 000 GEN ERAL LIABILITY A X ERCIAL GENERAL LIABILITY PROP3779274 07/01/2006 07/01/2087 FIRE DAMAGE An one fire E 100 000 COMM ~ MED EXP An one arson S 5 000 X OCCUR CLAIMS MADE LIABILITY ' PERSONAL & ADV INJURY a 1000 000 CONTR L GENERAL AGGREGATE E 2000 000 GATE LIMIT APPLIES PER: R ' PRODUCTS -COMP/OP AGG E 1000 000 L AGG E GEN PRO- POLICY X JECT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT S XXXXXXX NY AUTO NOT APPLICABLE (Ea accidenq A ALL OWNED AUTOS BODILY INJURY E XXXXXXX SCHEDULED AUTOS (Per person) __ HIRED AUTOS BODILY INJURY E XXXXXXX NON-OWNED AUTOS (Per accident) _ __ PROPERTY DAMAGE E XXXXXXX (Per accident) IABILITY AUTO ONLY • EA ACCIDENT E XXXXXXX GAR AGE L ANY AUTO NOT APPLICABLE OTHER THAN EA ACC E XXXXXXX AUTO ONLY: AGG S XXXXXXX EXCESS LIABILITY EACH OCCURRENCE S $,000,000 A X OCCUR ~ CLAIMS MADE PROU3779275 07/01/2006 07/01/2007 AGGREGATE E 5000 000 (EXCLUDES PROF.LIAB.) s XXXXXXX UMBRELLA DEDUCTIBLE FORM XXXXXXX S XXXXXXX RETENTION E N AND A I NOT APPLICABLE we srnru- oTH- WORKERS COMPENS T O EMPLOYERS' LIABILITY E.l. EACH ACCIDENT S XXXXXXX E.L. DISEASE - EA EMPLOYE E XXXXXXX E.L. DISEASE -POLICY LIMIT E XXXXXXX OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: BEE BRANCH SOIL CHARACTERIZATIONPROJECT. PROJECT NO: 07077013. THE CITY OF DUBUQUE, INCLUDINGALL ITS ELECTED AND APPOINTED OFFICIALS,ALL ITS EMPLOYEES AND VOLUNTEERS, ALL ITS BOARDS, COMMISSIONS AND/OR AUTHORITIES AND THEIR BOARD MEMBERS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONALINSURED AS RESPECTS GENERAL LIABILITY,AND THESE COVERAGES ARE PRIMARY, AS REQUIRED BY WRITTEN CONTRACT. _---_-.__~~.. ~. ~~~ ~ ~ _.. -._.___ ____..___ ._._..___.____ /~w\If~CI l ATlfl\IfwAAC'/On1fMU9dG'f1fM'/eiYCl VCnllt'11.iHIG nVLVGn nvvl,lvlrr~~uwvnc~.,.avr.~.. ..~,.~... ~ ....~___...._..---_..- 2767300 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF DUBUQUE, IA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY HALL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 50 W. 13TH STREET DUBUQUE IA 52001 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) Far Qaeationa mpardiny this canifbate, contact tba number tislea in tM'Producar' aectlon above sn11 apecfly tM client co11e'7ER0001'. - 07iC.UHU I:UHY V HA 1 1 V N I yea CITY OF DUBU6~UE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT The insurance carrier expressly agrees and states that the purchase of this policy and the naming of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 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. 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. 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 reason 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. Certificate ID :2767300 Misc Attachment : M46790 01/23/2007 ENDORSEMENT NO. Forms a part of Policy No: PROP3779274 Issued to: Terracon Consultants Inc. By: American International Specialty Lines Ins. Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED /PRIMARY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY In consideration of an additional premium of $ 0 it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your ongoing operations and your work performed for that insured and included in the products-completed operations hazard. Additional Insured: THE CITY OF DUBUQUE, INCLUDING ALL ITS ELECTED AND APPOINTED OFFICIALS, ALL ITS EMPLOYEES AND VOLUNTEERS, ALL ITS BOARDS, COMMISSIONS AND/OR AUTHORITIES AND THEIR BOARD MEMBERS, EMPLOYEES AND VOLUNTEERS This does not apply to bodily injury or property damage arising out of the sole negligence or willful misconduct of, or for defects in design furnished by the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. Certificate ID :2767300 Misc Attachment : M97462 OI/23/2007 Forms a part of policy no.: PROP3779274 Issued to: TERRACON CONSULTANTS, INC. By: AMERICAN INTERNATIONAL SPECIALTY LINES INC. CO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED ENDORSEMENT COVERAGE A. B AND C This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) It is hereby agreed that Section II of the policy, WHOS IS AN INSURED is amended to include as an insured the person or organization shown in the schedule above as respects Insuring Agreements A, B and C, but only with respect to liability arising out of your ongoing operations performed by you or on your behalf for that insured. Coverage is not afforded for the additional insured's own liability, which arises solely out of its acts or omissions. The entities scheduled above are covered under this Policy only for limits of liability up to but not exceeding the amount required by the written contract with the insured and subject to the limits of liability of this Policy. All other terms, conditions and exclusions remain the same. Certificate ID :2767300 Misc Attachment : M79385 01/23/2007 This certificate is executed b Libe Mutual Insurance Grou as res is such insurance as is afforded b [hose com anies. BM0068 Certificate of Insurance this certificate is issued as a matter of information only and confers no rights upon you the certificate holder. This certificate is not an insurance policy and does not amend, extend or alter [he coverage afforded the licies listed below. his is to certify that (Name and address of Insured) 'ERRACON CONSULTANTS, INC. 70 40th Avenue 3ettendorf, IA 52722 at the issue date of this certificate, insured by the Company under the poliry(ies) listed below. The insurance afforded by the listed poliry(ies) is subj is not altered b an re uirement, term or Ex iration T e Continuous* Extended X Policy Term Workers Compensation General Liability Claims Made Occurrence Retro Date Automobile Liability X Owned X Non-Owned X Hired Liberty MutualrM to all their temu, exclusions and conditions and ndition of an contract or other document with res ct to which this certificate ma be issued. EffJEx . Dat s Polic Numbe s Limits of Liabili 07/01/2006107/01/2007 WA2-14D-4254 1 1-046 Coverage afforded under WC law of Employers Liability 07/01/2006 /07/01/2007 WC2-141-425411-066 the following states: $odily Injury By Accident AK, AR, AZ, CA, CO, FL, GA, IA, ID, IL, $1,000,000 Each Accident KS, KY, MN, MO, MT, NC, ND, NE, NM, $Odlly Injury By DISeaSe NV, OH, OK, SC, TN, TX, UT, Wl, WY $1,000,000 Policy LIm1t Bodily Injury By Disease $1,000,000 Each Person General Aggregate-Other than Prod/Completed Operations Products/Completed Operations Aggregate Bodily Injury and Property Damage Liability Per Occurrence Personal and Advertising Injury Per Person / Or aniuttion Other Liability Other Liability 07/01/2006 /07/01/2007 AS2-1 4 1-42 54 1 1-076 Each Accident -Single Limit - B. I. and P. D. Combined $1,000,000 Each Person Each Accident or Occurrence Each Accident or Occurrence C *WA Policy includes deductible endorsement with $350,000 deductible per occurrence/claims (disease) with the provision that Liberty Mutual will (may) advance payment of O the deductible amount. -Project: Bee Branch Soil Characterization; Project No. 07077013. M M E N T •If the cemticate expuahon date rs condnuous or extended term, you wdl lx notrhed rt coverage rs [emanated or retluced before the certtficate expranon Hate. however, you w01 not ce nohhed annually o1 the conrinuation of coverage. Special Notice -Ohio: Any person who, with intent to defraud or knowing that he / she is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive stazwnentis guilty of insurance Gaud. Important information to Florida policyholders and certificate holders: in the event you have any questions or need information about this certificate for any reason, please contact your local sales producer, whose name and telephone number appears in the lower left wmer of this certificate. The appropriate local sales office mailing address may also be obtained by calling this number. Notice of cancellation: (not applicable unless a number of days is entered below) . Before the stated expiration date the company will not cancel or reduce the insurance afforded under the above policies until at least 30 days notice of such cancellation has been mailed to: ~~ Office: OVERLAND PARK, KS Phone: 913-681-1700 ~~,~~t,~~L `~_,_ ~ r`~~~'~~ t l Certificate Holder: CHRISTINA GRAVELY City of Dubuque, IA Authorized Re resentative City Hall 50 W. 13th Street Dubuque, IA 52001 Date Issued: 01/22/2007 Prepared By: CH ' ACORDrM CERTIFICATE OF LIABILITY INSURANCE olio)iaoog DATE (MMR)D/YY) olia3izoo~ _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER LOCKTON COMPANIES, LLC-1 KANSAS CITY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W. 47th Street, Suite 900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Cit Mo 64112-1906 n K ELQ~~ y a sas (816) 960.9000 INSURERS AFFORDING COVERAGE INSURED INSURER A : LEXINGTON INSURANCE CO. TERRACON CONSULTANTS, INC. 1054125 g70 40TH AVENUE INSURER B BETTENDORF IA 52722 INSURER C INSURER D INSURER E D/` ~ ~ ~ ~inwrc uni nco 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE S XXXXXXX COMMERCIAL GENERAL LIABILITY NOT APPLICABLE FIRE DAMAGE An one fire S XXXXXXX CLAIMS MADE ~ OCCUR MED EXP An one arson S XXXXXXX PERSONAL & ADV INJURY S XXXXXXX GENERAL AGGREGATE S XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S XXXXXXX PRO- POLICY JECT LOC AUT OMOBILE LIABILITY ANY AUTO NOT APPLICABLE COMBINED SINGLE LIMIT (Ea accident) S XXXXXXX ALL OWNED AUTOS BODILY INJURY S XXXXXXX SCHEDULED AUTOS (Per person) __ HIRED AUTOS NON-OWNED AUTOS 80DILY INJURY (Per accidenp S XXXXXXX PROPERTY DAMAGE XXX (Per accident) S XXX X GAR AGE LIABILRY AUTO ONLY - EA ACCIDENT S XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC S XXXXXXX AUTO ONLY: AGG S XXXXXXX EXCESS LIABILITY EACH OCCURRENCE S XXXXXXX OCCUR ~ CLAIMS MADE NOT APPLICABLE AGGREGATE S XXXXXXX S XXXXXXX UMBRELLA DEDUCTIBLE ~ FORM XXXXXXX RETENTION E S XXXXXXX WORKERS COMPENSATION AND NOT APPLICABLE WC STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S XXXXXXX E.L. DISEASE - EA EMPLOYE S XXXXXXX E.L. DISEASE -POLICY LIMIT S XXXXXXX A OTHER PROFESSIONAL LIABILITY 0516568 01/01/2007 01/01/2008 $1,000,000 EACH CLAIM& $1,000,000 ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: BEE BRANCH SOIL CHARACTERIZATIONPROJECT. PROJECT NO: 070770(3. I i .-.....~...-.,_ nwwtrct 1 ATlflwl 2767303 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION IA CITY OF DUBUQUE 3o , CITY HALL DAYS WRITTEN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 50 W. 13TH STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL DUBUQUE IA 52001 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) For questions rogaofing this earlHfeate, contact tha number IlstaA in tM'Producar'section above and epeeiy tha elt.nt code'TERCOet'. ~ oaACORD CORPORATION 1988 \ /~ \ ~ ,a ~ ~ ~ v ' ~1 ~ \ _ ~ ' //f \ ~~ \\ 11 ~/ ~1 - ~ p .g I ~ \\ ~~ ~ 1 ~~ '~~'~~~ A i \ , ~ ~ _ ~ ~ ~'~~ Al J ~ ~ /~ 1 J ! I ' I 4`^ I l~~ \ ! l I " ~/ A ~ ~ ~ •/ V~ W \ \ ,~ ~~ $~ ray ~ I v ~ r ` / ~ y ~ a' /~ ~~ ~ ~/ ~~~~ y ~ ~' \ v ~:: _ ~ i ~ \ ~; F/ ~ v I y \ /// / I \ \\ rL y \ / ~ v v - Vo ~ ~ /- // ~ ~ \ \ - \ 1 Y `~ / / ~ l \ / _ ',.-: / - . 1 \~ y / / ! 1 M -- // ~ ~ n3`~e \ ` II v W \ /\ -/ // l ~~ /-~~°.11 1 / ~ /~ - \ ~ A 1 4 /- 07-7 ~ ~-/ ~/ \ ~~\ X Y ' ~~ y / ~ \V ~ ,,\ ~ ~ o,, aoa° ~. 4 ~ ~ ~ ~~ / / ~ ~ \ V ~ A ~` / °' //"t A~ B-4 / -// / \ - - ' / / 1 'E ~~= ~~ ~ ~ ~ - / / / / ~ \ ~{ i \ a` 'l /' ~ / \ ,( 1 1` TMV~1 ~ / 1 ~~, ( ~~ A y // ~ / A V A k ~ / / ~ TM4V ,.A / `v 1 j A / ~ ,. a,. \\ \V ,. \ /. / ,~ / ,,~~~+1;4;,~"`~ ~ \~ ~ RaA~e18 \ RangelC ~V~~ / /~ ~ ~ \\ ,~ '/ , . '-~ C ~ ~ ~ 4~~,, ~ '~, ~,~~ ~ / v / / //~ \\ 1~~•~ ~` /~'~ ~~ ~~` ~ y/~\~ ~ ~ RangeUA~ \~~ ~ ~ ~/1~\ ~ ~~ \ ,l /// \\ ~~~' ~ - ~ -~ CITY OF DUBUQU \\\ /// /~ \\ a ~~/ ~ ~ ~~ / 9i ~ ~ ~ e~ ~~ ~/ ~ /-~ -/~ - ~\ ,:,//- \\ ~( \ ENGINEERING DIVISION / ~ to e '9 \ ' / \ a3J Y ~/ ~ ` c IfY rli l ~it'~'f I 111 t:, V ~ i ~ ~ , ' - A s ~ e,:,' \ \ ~ - \ \ ~, ,~ / / / 1 p / s //- ~ V 1 ~/~~~/ \ ~ ~ tn~ „~-/- ~\ \\ \~ ~~ NORTH THEC11voFL~~-_ BEE BRANCHCREEK / / / O \ \ ~ ,f~~ \ " ,1 / ~~ \ \ 1~ Ei RESTORATION PROJECT \ I DUBS SOIL BORING LOCATIONS ( \V A \ / ~`// A ////~,~~ /~ \ \\ HORIZ.SCALE: 1"=00' [+ ~r \ ~ ;~ ~ / ~~~ ~ ~o / / ~ ~ '\~ / ~ / ~ ,,,~*° / V 1 \ S~UL(tl~ ~ S~ 720'1654 ~ /, ~ / ~ \ '1 / - / ~~# 1 \ ~ / A / ,~•/ ~" /