Signed Contract_IIW/DICW Engineering Services for McFadden Project Copyrighted
December 17, 2018
City of Dubuque Consent Items # 22.
ITEM TITLE: Signed Contract(s)
SUMMARY: Amendment to Staffing Agreement with Dubuque
Initiatives; Revocable License with Premier Bank
Revocable License for lowa St. Parkway. I IW, P.C. for
DICW/McFadden Project Engineering Services
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
AmendmenttoStaffingAgreementwithDubuque SupportingDocumentation
Initiati�s
Premier Bank Revocable License for lowa St. Parkway Supporting Documentation
IIW - McFadden ProjectAgreement Supporting Documentation
iiw, � c .
wvnv.iiwengrcom
ARCHITECTURE
AGREEMENT FOR FNGINEERING SERVICES aw�ei�ciNeeRiNc
BETWEEN fHE coNsrRucnoNseRvices
ENVIRONMENTAL ENGINEERIN3
CIT'Y OF DUBUQUE, IOWA �nNosuRvevwc
AND MUNICIPAL ENGINEERWG
STRUCTURAL ENGWEERING
IIW, P.C. TfiANSPORTATION ENGINEERIMG
FOR
THE DUBUQUE INDUSTRIAL CENTER WEST Dennis F,Waugh,PE/SE`
PROJECT MCFADDEN Char�es/+.Cate,PE"
Gary D.Sejkora, PE "'
Michael A.Jansen,PEISE
IIW Project No. 18142 TimothyJ,(ranel,PE'
Ju�ie f'.Nee6el,PE
James P.Kaune,PE
THIS AGREEMENT is made this 2°d day of November, 2018, by and between: rnomas�.os�er,P�s��
Wray A.Childers,PLS "
City of Dubuque Geoffry T.Blandin, PE
50 WeSI 13�h Stf2et Mark C.Jobgen, PE"'
Lauren N.Ray,PEISE
Dubuque, IA 52001-4854 Cody T.Austin,Pe'
Marc D. Ruden,PE
hereinafter referred ro as the"Owner", and Mark R.Fass6inder,AIA^
Michael A.Ruden,NCARBIAIA'
IIW, P.C. Eric J.Helminiak,PE/SE"
4155 Pennsylvania Avenue Jeffrey J.Brandt,PLS
Dubuque, lowa 52002-2628 Craig L.ceiser,P�s
David A.Leapaldl,AIA,CID"
Nathan W,Miller, PE
a professional corporation in Dubuque, lowa, hereinafter referretl to as the"Engineer". Damian D,Baumhover, NCARB/AIA
Nicholas A.Schneider,PE
WHEREAS, the Owner wishes to expand the"Dubuque Industrial Center Wesf' Industrial Chrisnen�.Hendrie,aia
Park through the development of property known as Project McFadden Phase I & II Design. Emon M.scnne�der,PE
Whitney A.Lougheed,AIA'
WHEREAS, the Owner desires to engage the Engineer to provide professional services Patrick R,Reaey, Pe
required for preliminary design, preparing construction documents &permitting,and assistance with Nicholas M.Retlen6erger,AIA
Christopher A. Becklin,PE
bidding &contract documents; counney e,wand, PE
Jonathan H. Lutz, PE
WHEREAS,the accomplishment of the hereinafter described work and services is John M.Tranmer, PLS
authorized by execution of this agreement between the Owner and the Engineer. Andrew c.eusch,NCnRBinin
Marie P.Amundson, PE
NOW THEREFORE IT IS AGREED AS FOLLOWS: Bryson E.winsky,PE
Jeri M.Vondera,PE
Noah J.Ho(richter,PE
Andrew J,Goetlken,PE
Emity M.Crowe,PE
"LEED AP
"`Retired
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SECTION A—PRELIMINARY DESIGN (Phase I)
The scope of professional services for this 3 week, intensive effort is ro take the Conceptual Design completed to date and advance the
design using an expedited process. This process will include concentrated design sessions with stakeholders to gather, discuss, antl
inake decisions as quickly as possible based on the hard requirements of the schedule.
1. Projeci administration including corresponclence, discipline coordination, and time managemenl to facilitate communication,
manage the budget, and comply with the schedule. l hese responsibilities are founded in identifying fhe projeci success
factors to tleliver an exceptional client experience.
2. Compile readily available existing site data including topographic survey, bountlary information, geotechnical explorations,
environmental studies, and wetland delineations. The information will be used as the basis for preliminary design, and
establish a Case plan for document preparation. Some of this effort was included in the Conceptual Design prepared to date
associated with the pursuit of the prospect.
3. Establish design criteria for this initial development by considering potential development of adjacent properties using a
master planning approach, coupled with evaluating scenarios for the current City owned parceis. The intent is to identify
scenarios for this site and adjacent sites to inform design parameters and capitalize on shared benefts.
4. Preliminary design of earthwork, storm water management, traffic access & circulation, and utility routing based on an
assumed building & site program development, as well as assumed future build-out. The design will consider the full
development grading of the initial 20 acres + 20 acres expansion will consider the topography and geology of the entire site,
previously referred to as Project Pappy. A future street& utility corridor can be preserved along the west boundary allowing
connection to Pennsylvania Avenue. Storm water management will likely be necessary in the SE corner so we allocated space
for a likety temporary sediment basin I permaneni detention basin. In the recent past, allocating space for an expansion to the
west of Unison Solutions was considered. Revising the grading in the SE corner may still allow an expansion.
5. Regulatory coordination to confrm permitting requirements, including preparing exhibits and wrresponding with regulatory
agencies.
SECTION B—CONSTRUCTION DOCUMENTS AND PERMITTING(Phase I)
The scope of professional services for this 1 week, intensive effort is to take the Conceptual Design to the Construction Documents
using an expedited process. This process will include concentrated meetings with stakeholders to gather,discuss,and make decisions
as quickly as possible to meet the schedule requirements.
1. Project management, inclutling schedule management, budget management, team coordination, and project correspondence.
2. Provide the following for a single bidding contract:
a. Plans, details, notes entl schedules.
b. Quantity take-off and project eost estimate for use in initiation of bidding at council meeting.
c. Delivery to the City of the SUDAS Project workbook.
3. Prepare submittal to the Owner for review according to PUD requirements, City zoning and building code ordinances.
4. Progress meeting with the Owner to verify the construction documents and request authorization to proceed with regulatory
permitting that will include:
a. Prepare notice of storm water discharge and publish in one newspaper.
b. Prepare Storm Water Pollution Prevention Plan.
c. Prepare "Notice of Intent for NPDES Coverage".
2
Doliverables
1)Construction documents,construction workbook submitted to the City for approval;
2) Final plans with City approval for letting;
3) Engineer's Opinion oi Cost.
SECTION C— BIDDING AND AWARD (Phase I and II)
1. Project management, including schedule management, budgel management, team coordination,and project correspondence.
2. It is our understanding lhe City will create conlract antl bidding documents, nolice and qitl request, informalion for bidders, bicl
forms, bitl bond torms, contractor's certification forms, agreement forms, performance and payment honds, general contract
conditions, supplemental general contract conditions, special contract provisions, and special instructions to the contractor.
3. Respond to questions from confractors during bidding. Attend bitl opening, tabulate and evaluate hids receivetl.
Deliverables: 1) Bid tabulation with written recommendation of award.
SECTION P—PRELIMINARY DESIGN (Phase II)
L Project administration including correspontlence, discipline coordination, and time management to facilitate communication,
manage Ihe budget, and compty with the schedule- These responsibilities are founded in identifying the project success factors to
deliver an exceptional client experience.
2. Compile readily available existing site data including topographic survey (as-constructed Phase I improvements mergetl with
existing topo survey o4 remainder of 40 acre site), boundary information, geotechnical explorations, environmental stutlies, and
wetland delineations. The information will be used as the basis for preliminary design, and establish a base plan for document
preparati�n.
3. Establish design criteria by considering potential development of adjacent propeRies using a master planning approach, coupled
with evaluating scenarios for the current City owned parcels. The intent is to identify scenarios for this site and adjacent sites to
inform design parameters antl capitalize on shared benefits.
4. Preliminary design of earthwork, storm water management, traffic access & circulation, and utility routing based on an assumed
building &site program development, as well as assumed future build-out. The design will consider the full development Grading
of the initial 20 acres + 20 acres expansion will consider the topography and geology of the entire site, previously referred to as
Project Pappy. A (uture street & utility corridor can be preserved along the west boundary allowing connection to Pennsylvania
Avenue.
5. Regulatory coordination to confirm permittin9 requirements, including preparing exhibits and corresponding with regulatory
agencies.
SECTION E—CONSTRUCTION DOCUMENTS AND PERMITTING (Phase I1)
1. Project management, including schedule management, budget management, team coortlination,and project correspondence.
2. Provide the foliowing for a single bidtling contract:
a. Plans, details, notes and schedules.
b. Quantity take-off and project cost estimate for use in initiation of bidding at council meeting.
c. Delivery to the City of the SUDAS Project workbook.
3. Prepare submittal ro the Owner for review according to PUD requirements, City zoning antl 6uilding code ordinances.
4. Progress meeting with the Owner to verify the cons�ruction documents and request authorization to proceetl with regulatory
permitting that will include:
a, Prepare notice of storm water discharge and publish in one newspaper.
b. Prepare Storm Water Pollution Preveniion Plan.
c. Prepare"Notice of Intent for NPDES Coverage".
3
['ieliverables
1) Construction documents,construcGon workbook submitted to the City for approval;
2) Final plans with City approval for letting;
3) Engineers Opinion of Cosl.
SECTION EX- EXTR.4 SERVICES
Services other than those listed under A, B, C, D and E, PaR I, may be required of the Engineer by the Owner. '�he Owner shall ativise
and/or authorize the Engineer to perform extra services. All services not specifically listed under A, B, C, D and E are classified as
extra services. The extra services offered by the Engineer include, but are not limited to,the following:
1. Services resulting from significant changes in the general scope, extent or character of the project or iis design including, but not
limited to, changes in size, schedule, complexity, character of construction or methotl of financing. This includes Owner requested
changes to previously approved deliverables.
7_. Services resulting from revising previously accepted stutlies, reports, design documents or contract documents when revisions are
required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of studies,
reports or documents, or are due to any other causes beyond the [ngineer's control. This includes Owner requested changes to
previously approved deliverables,
3. Phase I or II construction administretion,consiruction observation, and material testfng.
4. Final platting.
5. Investigations and studies involving detailed consitleration of operations, maintenance and overhead expenses.
6. Services necessitated by out-of-town travel required of the Engineer other than visits to the project site or the o�ces of the Owner.
7. Assistance in connection with bid protests, rebidding or renegotiating (su6sequenl to any initial negotiation at fhe time of conUact
award) contracts for construction, materials, equipment or services, unless directly resulting from errors and omissions by the
Engineer.
8. Negotiations with property owners related to preparation of plats and descriptions or related services needed for the transfer of
interests in real property and acquiring easements.
9. Preparing to serve or serving as a consultant or witness for the Owner in any litigation, arbitration, condemnalion, or other legal or
administrative proceedings involving the project.
10. Additional services resulting from the project involving separate construction contracts, separate equipment contracts or separate
builtling trades unless proposed by the Engineer.
11. Additional or extendetl services during construction made necessary by and not reasonably discoverable by the Engineer such as
a. Work damaged by fire or other cause during construction.
b. A significant amount ot defective or neglected work o(the Contractor.
c. Prolongation of the construction contract time of any construction contract.
tl. Hcceleration of the work schedule involving services beyond normal working hours.
e. Default oi any contraclor or subcontractor on the construction contract.
12. Preparation of additional permits,including but not limited to, an individual permit and associated wetland mitigation plan.
4
PART II - OWNER ' S RESPONSIBILITIES
The Owner shall do the following in a iimely manner so as not to delay the services of Engineer:
1. Designate a person to act as Owner's representafive with respect to the services to be rendered under this agreement. The
Owner's representative shall have complete authority to transrnit instrucfions, receive information, interpret antl tlefne Owner's
policies and decisions with respect to the Engineer's seivices for the project.
2 Work with the Engineer to estaGlish the Owner's critena and requirements. Criteria shall include design objectives, design and
construction constraints, capacity and pe�iormance requirements, flexibility antl expandability requirements antl butlgetary
limitations.
3. Furnish copies of all design and construction standards that the Owner requires in the drawings and specifcations.
4. Place at the Engineer's disposal all available design or construction related reporis, data and information.
5. Fumish to the Engineer without limitation:
a. Borings, probing and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials
and equipment prepared by others.
b. Appropriate professional interpretations of the foregoing;
c. Environmental assessment and impact statements;
d. Property, boundary, easement, right-of•way, topographic and utility surveys;
e. Property descriptions;
f. Zoning,deed and other land use restriction
6. Coordinate with the Engineer for access for the Engineer to enter upon public and private property as required for the Engineer to
perform services under this agreement.
Z Examine all studies, reports, sketches, drawings, specifications, proposals antl other tlocuments presented by the Engineer.
Obtain advice of an attorney, insurance counselor and other consultants, as the Owner deems appropriate for examination,
Render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Engineer.
8. Furnish approvals and permits as may be required from the Owner and pay permit or approval fees of other governmental
authorities having jurisdiction over the project.
9. Provide legal, accounting,and insurance counseling services as may be required for lhe project.
10. Give prompt written notice to the Engineer whenever the Owner observes or othenvise becomes aware of any development that
affects the scope or timing of the Engineer's services,or any defect or nonconformance in the work of any Contractor.
11- Direct the Engineer to provide ExVa Services as desired and as stipulated in Section EX of Part I of this agreement.
12. Pay all costs incidental to obtaining permits from applicable agencies, and bids or proposals from contractors and/or suppliers; and
all costs incidental to compliance with the requirements of Part II.
5
PART III - COMPENSATION
The following Scope of Services shall be hourly with a not to exceed fee of$103,100.00(one hundred and three thousand,one
hundred dollars and zero cents):
Section A—Preliminary�esign(Phase I)
Section B—Construction Documents and Permitting (Phase I)
Section C—Bidding and Award(Phase I and II)
Section �—Preliminary Design (Phase II)
Section E—Construction Documents and Pemiitting (Phase II)
Extra Services as definetl in Section EX of Part I, or other extra services, shall be based either on the time required at the Engineer's
normal haurly rates,or on a lump sum fee. The lump sum fee is to be established and approved by the Owner antl the Engineer prior to
performing defned extra services.
PART IV - SCHEDULE
The actual and anticipated schedule milestones are as follows:
Phase I—Preliminary Design, Construction Documents 8 Permitting August 16, 2018
Phase I—Bidding &Award September 4, 2018
Phase II—Preliminary Design January 2019
Phase II—Construction Documents &Permitting March 2019
Phase II - Bidding &Award April 2019
6
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1. CONSUI.TANT'S ENDORSEMENT ON PLANS
The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal oi a
licensed professional engineer, or licensed professional architect, licensed to practice in the State of lowa, in accordance with the
current Code of lowa.
2. CHANGF IN SCOPE Of SERVICES
No changes in scope shall be permitted tluring this project without the prior written agreement of both pariies and the WBS being
updated.
3. SUBSTITUI'ION OF PROJECT TEAM MEMBERS
The Project Manager, partners, management, other supeivisory staff and technical specialists proposed for the project may be
changed if those personnel leave the Consultani. These personnel may also be changed for other reasons however, in either
case, the City retains the right to approve or reject the replacements and no replacements shall begin working on the project
without the express, prior written permission of�he City of Dubuque.
4. INSURANCE
Consullant shall at all times during the performance of this Agreement provide insurance as required by the attached City of
Dubuque Insurance Schedule C.
5. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify antl hold harmless the City from and against all claims,damages,
losses and expenses, including but not limited to, attomeys' fees arising out of or resulting from performance of the Contractor,
provided that such claim, tlamages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or
tlestruction of property (other than the Project itsel� including loss of use resulting therefrom, but only to the extent caused in
whole or in part by negligent acts or omissions of the Consultant, Consultan['s subcontractor, or anyone directly or indirectly
employed by Consultant or Consultant subcontractor or anyone for whose acts Consultant or ConsultanCs subcontractor may be
liable, regardless of whether or not such claim, damage,loss or expense is caused in part by a party indemnified hereunder.
6. ERRORS AND OMISSIONS
In the event that the work product prepared by the Consultant is found to be in error and revision or reworking the work product is
necessary, the Consultant agrees ihat it shall do such revisions without ezpense to the City, even though final payment may have
been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during
construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for
negligence on the part oi the Consultant herein.
7. OWNERSHIP OF ENGINEERING DOCUMENTS
All sketches,tracings, plans, specifications, reports on special stutlies antl other data prepared under this Agreement shall become
the property of the City and shall be delivered to the Project Manager upon compVetion of the plans or termination of the services of
the Consultant. There shall be no resiriction or limitations ot their future use by the City, except any use on extensions of the
project or on any other project without written verification or adaptation by the Consultant for Ihe specific purpose intentled will be
ihe Citys sole risk and without liability or legal exposure to the Consultant.
The City acknowledges the ConsultanCs plans antl specifications, including all documents on electronic media, as instruments of
professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the
City upon completion of the services and payment in full of all moneys due to the Consultant.
The City and the Consultant agree that any electronic fles preparetl by either party shall conform to the specifications listed in the
contract. Any change to these specifcations by either the City or the Consultant is subject to review and acceptance by the other
party. Adtlitional efforts by the Consultant made necessary by a change to the CADD software specifications shall 4e
compensated for as Additional 5ervices.
7
1'he City is aware that significanf differences may exist between the electronic fles clelivered and the respective consfiuction
documents due to addanda, change orders or other revisions. In the evenl of a conflict between the signed construction
documents prepared by the Consultan[and electronic files,ihe signetl constiuciion documents shall govern.
The City may reuse or make motlifications to the plans and specifications, or electronic fles while agreeing to fake responsibility
for any claims arising from any modifcation or unauthorized reuse of the plans and specifications.
II. SUBLETTING, ASSIGNMENT OR 1"RANSFER
Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written
consent'ss obtained from the Engineer and approved by the City.
9. COMPENSATION
All billings to the City by the Engineer are due and payable upon the receipt by the City of the statement. Billings for which
compensation has not been made within thirty (30) days of �he statement tlate shall 6e assessed an interest fee of eighteen
percent(1 S%) per annum on the unpaid balance commencing on the thiity-first day after the billing date.
No deduction shall be made from the Engineer's compensation on account of penalty, liquidated damages, or other amount
withheld from payments to the Contractor(s).
10. TERMINATION
Either party may terminate this Agreement for any reason, with or without cause, upon 14 days written notice. Upon termination of
this Agreement,full payment shall be made to the Consultant for services and expenses up to the date of the notice of termination.
11. ME�IATION
Owner and Consultant tlesire to resolve any disputes or areas of disagreement involving the subject matter of this Agreement by a
mechanism that facilitates resolution of disputes by negotiation rather than by litigation. Owner and Consultant also acknowledge
that issues and problems may arise after execution of this Agreement which were not anticipated or are not resolved by specific
provisions in this Agreement. Accordingly, both Owner and Consultanl will entleavor to settle all controversies, claims,
counterclaims, disputes, and other matters in accordance with the Construction Industry Mediation Rules of the American
Arbitration Association currently in effect, unless Owner antl Consultant mutually agree otherwise. Demand for mediation shall be
filetl in writing with the other party to this Agreement. A demand for mediation shall be made within a reasonable time after the
claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when
institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the
applicable statute of limitations. Neither demand for mediation nor any term of this Dispute Resolution clause shall prevent the
filing of a legal action where failing to do so may bar the action because oi the applicable statute of limitations. If despite the good
faith efforts of Owner and Consultant any controversy, claim, counterclaim, dispute, or other matter is not resotved through
negotiation or metliation, Owner and Consultant agree and consent that such matter may be resolved through legal action in any
state or federal court having jurisdiction.
8
PART VI -APPROVAL
IN WITNESS WHEREOF, the parties hereto have made and executed this agreement in duplicate counterparts, each of which shall be
considered as an original by their duly authorized officers as of the date below indicated:
Executed by the Owner this _D_ Day of f)Je (11--v4..v-,20&
CITY OF DUBUQUE, IOWA
/2 ---
Michael Van MilligirlJCJtYManager
Executed by the Engineer this \~ Day of t/~~A' ,20~
Attachment: City of Dubuque Insurance Schedule J.
The Dubuque Industrial Center West
Project McFadden
9
PART VI - APPROVAL
�
IN WITNESS WHEREOF,the parties hereto have made and executed this agreement in duplicate counterparts, each of which shall be
considered as an original by their duly authorized officers as of the date below indicated: �
�
Executed by the Owner this��Day of �"���✓?°f�'�'r , 20�� i�
CITY OF DUBUQUE, IOWA
-�'.�'�.,.. !�
!�
Michael Van Millig n, City Manager
i
Executed by the Engineer this ��� Day of ���Y1 J� , 20 ��"
I'1
IIW, P.C. I,,
il
I'
,I�
ichael A.Jansen, P.E., S.E., President&CEO 'i'
�
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Attachment: City of Dubuque Insurance Schedule J. I
II
�
, I�,
The Dubuque Industrial Center West I
Project McFadden
9 � d
,
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J
1. shall furnish a signed certificate of insurance to the City of Dubuque, lowa for
the coverage required in Exhibit I prior to commencing work and at the end of the project if the
term of work is longer than 60 days. Contractors presenting annual ceRificates shall present a
certificate at the end of each project with the final billiny Each certificate shall be prepared on
the most current ACORp form approved by the lowa Department oF Insurance or an equivalent
approved by the Finance Director. Each certfficate shall include a statement under Description of
Operations as to why the certificate was issued. Ey: Project tl or Project Location at
ar constructian of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
lowa and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each certificate shall be furnished to the -�• ' � Department of the City of Dubuque.
4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of
these requirements by the Ciry of Dubuque. Failure to obtain or maintain the required insurance
shall be considered a material breach of this agreement.
5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurances from all such subconsultants and sub-subconsultants.
Contractors agree that they shall be liable for the failure of a subconsultant and sub-
subconsultant to obtain and maintain such coverages. The City may request a copy of such
certificates from the Contractor.
6. All required endorsements shall be attached to certificate of insurance.
7 Whenever a specific ISO form is listed, required the current edition of the form must be used, or
an equivalent form may be substituted if approved 6y the Finance Director and subject to the
contractor identifying and listing in writing all deviations and exclusions from the ISO form.
8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law
or other legal agreement, in Exhibit I If the contractor's limits of liability are higher than the
required minimum limits then the provider's limfts shall be this agreemenYs required limits.
Page 1 of 4 Schedule J Professional Seroices November 2017
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, Form. The general
liability coverage shall be written in accord with ISO form CG0001 or business
owners form BP0002. All deviations from the standard ISO commercial general
liabiliry form CG 0001, or business owners form BP 0002, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate LimiY' or CG 25 03"Designated Construction Project(s) General
Aggregate Limif' as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample
attached).
5) Include additional insured endorsement for:
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. Use ISO form CG 2026.
6) Policy shall indude Waiver of Right to Recover from Others endorsement.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85 as amended.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Nonelection of Workers' Compensation or Employers' Liability Coverage ur�der lowa
Code sec. 87.22
_yes _form attached
Page 2 of 4 Schedule J Professional Services November 2017
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (continued)
D) UMBRELLAIEXCESS LIABILI7Y $1,000,000
Umbrellalexcess liability coverage must be at least following form with the underlying
policies included herein.
E) PROFESSIONAL LIABILITY $1,000,000
Provide evidence of coverage for 5 years affer completion of project.
F) CYBER LIABILITY $1,000,000
_yes �no
Coverage for Firsi and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
Page 3 of 4 Schedule J Professional Services November 2017
City of Dubuque Insurance Requirements for Professional Services
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase
of this policy and the induding of the City of Dubuyua, lowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverape. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of lowa Section 670,4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of lowa
Section 670.A shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Govemment ImmuniN. The City of Dubuyue, lowa 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 insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and 6enefits accruing to the City of Dubuque, lowa under this policy for
reasons of governmental immunity unless and until a court of competentjurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, lowa,
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS pND CHECK BOXES}
Page 4 of 4 Schedule J Professional Services November 2017