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Signed Contract_Origin Design Co. Master Services Agreement for Dubuque Industrial Center CrossroadsCity of Dubuque City Council Meeting ITEM TITLE SUMMARY: SUGGESTED DISPOSITION: Copyrighted April 18, 2022 Consent Items # 12. Signed Contract(s) Origin Design Co. for the Master Services Agreement for the Dubuque Industrial Center Crossroads. Suggested Disposition: Receive and File ATTACHMENTS: Description Type Origin Design Co. MSA Supporting Documentation 0 origin Master Services Agreement for Technical Services City of Dubuque, Iowa and Origin Design Co. Miscellaneous Engineering Services Project No. 21176_01 This Agreement is made and entered into this 4" day of April 2022, between the City of Dubuque Iowa, hereinafter referred to as CLIENT, located at SO W 131h Street, Dubuque Iowa, and Origin Design Co., hereinafter referred to as ENGINEER, located at 137 Main Street, Dubuque, Iowa S2001. This Agreement shall be in accordance with the following elements. Scope of Services Services to be provided under this Agreement can be described as engineering, architectural, land surveying, scientific, computer -aided design drafting, clerical, and/or administrative activities performed in accordance with the terms and conditions of this Agreement and subsequently issued Task Orders. Prior to ENGINEER's engagement by CLIENT; a mutually agreeable Task Order document shall be developed and executed by both parties. The Task Order will include Project Information, a detailed Scope of Services, and Compensation. The general form of the Task Order shall be in accordance with the enclosed Task Order No. 1. DUBUQUE OFFICE 137 Main Street, Ste. 100 Dubuque, Iowa 52001 origindesign.corn 800 556-4491 Master Services Agreement, City of Dubuque Page 2 of 13 • • origin." design Compensation CLIENT shall compensate ENGINEER for Services indicated in each subsequently issued Task Order for a lump sum or for an estimated fee on an hourly rate basis plus expenses. Expenses incurred such as those for subconsultants, travel, meals, printing, postage, copies, computer, electronic communication, and long-distance telephone calls will be billed at actual cost plus ten percent (10%). Only sales taxes or other taxes on Services that are in effect at the time this Agreement is executed are included in the Compensation. If the tax laws are subsequently changed by legislation during the life of this Agreement, this Agreement will be adjusted to reflect the net change. The lump sum or estimated fee for the Services is based on wage scale/hourly billing rates, adjusted annually on January 1, which anticipates the Services will be completed as indicated. Should the completion time be extended, it may be cause for an adjustment in the lump sum or estimated fee that reflects any wage scale adjustments made. The lump sum or estimated fee will not be exceeded without prior notice and written agreement by CLIENT, but may be adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. Any adjustments will be negotiated based on ENGINEER's increase or decrease in costs caused by delays, extensions, amendments, or changes. Standard of Care The Standard of Care for all Services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's Services. Client's Responsibilities Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Task Order -specified project including previous reports, previous drawings and specifications, and any other data relative to the scope of the Task Order -specified project. Provide access to the site as required for ENGINEER to perform Task Order -specified project Services under this Agreement. Guarantee access to and make all provisions for ENGINEER to enter upon public and private lands as required for ENGINEER to perform Task Order -specified project services under this Agreement. Examine all reports, sketches, estimates, special provisions, drawings, and other documents presented by ENGINEER and render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the performance of ENGINEER. Provide all legal services for CLIENT as may be required for the development of the Task Order -specified project. DUBUQUE OFFICE 137 Main Street, Ste. 100 Dubuque, Iowa 52001 origindesign rn 800 556-4491 Master Services Agreement, City of Dubuque Page 3 of 13 origin design' Construction Cost Estimates Any estimates of construction cost prepared by ENGINEER are supplied for general guidance of CLIENT only. ENGINEER has no control over competitive bidding or market conditions and cannot guarantee the accuracy of such estimates as compared to contract bids or actual costs to CLIENT. Observation Services In furnishing observation services, ENGINEER's efforts will be directed toward determining for CLIENT that the completed project will, in general, conform to the Contract Documents; but ENGINEER will not supervise, direct, or have control over the contractor's work and will not be responsible for the contractor's construction means, methods, techniques, sequences, procedures, or health and safety precautions or programs, or for the contractor's failure to perform the construction work in accordance with the Contract Documents. Changes CLIENT may make changes within the general scope of this Agreement in the Services to be performed. If such changes cause an increase or decrease in ENGINEER's cost or time required for performance of any Services under this Agreement, an equitable adjustment will be made and this Agreement will be modified in writing accordingly. No services for which additional compensation will be charged by ENGINEER will be furnished without the written authorization of CLIENT. The fee established herein will not be exceeded without written agreement by CLIENT but may be adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. If there is a modification of Agency requirements relating to the Services to be performed under this Agreement subsequent to the date of execution of this Agreement, the increased or decreased cost of performance of the Services provided for in this Agreement will be reflected in an appropriate written amendment to this Agreement. Extension of Services This Agreement may be extended for additional Services upon CLIENT's written authorization. Extension of Services will be provided for a lump sum or for an estimated fee on an hourly rate basis plus expenses. Payment CLIENT shall make monthly payments to ENGINEER for Services performed in the preceding month based upon monthly invoices. Nonpayment 30 days after the date of receipt of invoice may, at ENGINEER's option, result in assessment of a 1.5% per month carrying charge on the unpaid balance. Nonpayment 45 days after the date of receipt of invoice may, at ENGINEER's option, result in suspension of Services upon five calendar days' notice to CLIENT. ENGINEER will have no liability to CLIENT, and CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by CLIENT. Upon receipt of payment in full of all outstanding sums due from CLIENT, or curing of such other breach which caused ENGINEER to suspend Services, ENGINEER will resume Services and there will be an equitable adjustment to the remaining project schedule and compensation as a result of the suspension. DUBUQUE OFFICE origindesign •rn 137 Main Street, Ste. 100 Dubuque, Iowa 52001 800 556-4491 Master Services Agreement, City of Dubuque Page 4 of 13 origin design' Data Provided by Others ENGINEER is not responsible for the quality or accuracy of data nor for the methods used in the acquisition or development of any such data where such data is provided by or through CLIENT, contractor, or others to ENGINEER and where ENGINEER's Services are to be based upon such data. Such data includes, but is not limited to, force main condition assessment data, soil borings, groundwater data, chemical analyses, geotechnical testing, reports, calculations, designs, drawings, specifications, record drawings, contractor's marked -up drawings, and topographical surveys. Waiver of Consequential Damages To the fullest extent permitted by Laws and Regulations, CLIENT and ENGINEER waive against each other, and the other's employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to breach of this Agreement, from any cause or causes. Errors and Omissions In the event that the Services prepared by ENGINEER is found to be in error and revision or reworking the Services product is necessary, ENGINEER agrees that it shall do such revisions without expense to CLIENT, even though final payment may have been received. ENGINEER must give immediate attention to these revisions so there will be a minimum of delay during construction. The above and foregoing are not to be construed as a limitation of CLIENT's right to seek recovery of damages for negligence on the part of ENGINEER herein. In exchange for providing said revisions or rework, CLIENT shall provide ENGINEER with a waiver of consequential damages related to the revision or rework. Engineering Documents When transferring documents in electronic media format, the ENGINEER makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the ENGINEER at the beginning of this project. CLIENT is aware that significant differences may exist between the electronic files delivered and the respective construction documents because of addenda, change orders, or other revisions. If there is a conflict between the signed construction documents prepared by ENGINEER and the electronic files, the signed construction documents shall govern. CLIENT may reuse or make modifications to the drawings and specifications or electronic files while agreeing to take sole responsibility for any claims arising from any modification or unauthorized reuse of the drawings and specifications. Termination This Agreement may be terminated with cause in whole or in part in writing by either party delivered to the other party subject to a two -week written notice and the right of the party being terminated to meet and discuss the termination before the termination takes place. ENGINEER will be paid for all completed or obligated Services up to the date of termination. DUBUQUE OFFICE Origind2sign 137 Main Street, Ste. 100 Dubuque, Iowa 52001 800 556-4491 Master Services Agreement, City of Dubuque • • Page 5 of 13 origin Third -Party Beneficiaries Nothing contained in this Agreement creates a contractual relationship with or a cause of action in favor of a third party against either CLIENT or ENGINEER. ENGINEER's Services under this Agreement are being performed solely for CLIENT's benefit, and no other party or entity shall have any claim against ENGINEER because of this Agreement or the performance or nonperformance of Services hereunder. CLIENT and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors, and other entities involved in the Task Order -specified project to carry out the intent of this provision. Except as otherwise provided in this Agreement, either party may request nonbinding mediation of any claim or dispute arising out of or relating to this Agreement. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the date of this Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to this Agreement. The parties shall participate in the mediation process in good faith. The process shall be concluded within 60 days of the request. Dispute Resolution Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes, and other matters in question between CLIENT and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided first by mediation, if the parties mutually agree, or with a bench trial in the Iowa District Court for Dubuque County, Iowa. Terms and Conditions The terms and conditions of this Agreement and subsequently issued Task Orders will apply to the Services defined in the Scope of Services. CLIENT -supplied purchase order is for processing payment only; terms and conditions on the purchase order shall not apply to these Services. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement. ENGINEER: Origin Design Co. Cody Austin, PE, LEED AP Land Development Team Leader CLIENT: City of Dubuque 1�,L�t� Mich6el Van Milligen City Manager Attachments: Task Order No.1 DUBUQUE OFFICE 137 Main Street, Ste. 100 Dubuque, Iowa 52001 ENGINEER: Origin Design Co. Pat Ready, PE President & CEO origindesign 800 556-4491 Master Services Agreement, City of Dubuque Page 6 of 13 Origin Design Co. • • origin, design' THE FOLLOWING GENERAL TERMS AND CONDITIONS SHALL APPLY TO THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN ORIGIN DESIGN CO., HEREIN REFERRED TO AS THE CONSULTANT, AND THE CLIENT IDENTIFIED IN THE ATTACHED AGREEMENT. IN THE EVENT OF ANY OF THE FOREGOING TERMS OF THE AGREEMENT CONFLICT WITH THESE GENERAL TERMS AND CONDITIONS, THESE GENERAL TERMS AND CONDITIONS SHALL PREVAIL. General Terms and Conditions for City of Dubuque The Client shall provide all criteria and full information with regard to his or her requirements for the Project, and shall designate a person to act with authority on his or her behalf with respect to all aspects of the Project. This shall include, but not be limited to, review and approval of design issues in the schematic design phase, design development phase, and contract documents phase. These approvals shall include an authorization to proceed to the next phase. Services beyond those outlined in the proposal may be required or be required as a result of unforeseen circumstances. The Consultant under terms mutually agreed upon in writing by the Client and the Consultant may provide these services. For the scope of services agreed upon, the Client agrees to pay the Consultant the compensation as stated. Invoices for the Consultant's services shall be submitted, at the Consultant's option, either upon completion of any phase of service or on a monthly basis. Invoices shall be payable when rendered and shall be considered past due if not paid within 30 days after the invoice date. A service charge will be charged at the rate of 1.5% (18% true annual rate) per month or the maximum allowed by law on the then outstanding balance of Past Due accounts. In the event any portion of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. The Consultant shall secure and maintain professional liability insurance, commercial general liability insurance, and automobile liability insurance to protect the Consultant from claims for negligence, bodily injury, death, or property damage which may arise out of the performance of the Consultant's services under this Agreement, and from claims under the Worker's Compensation Acts. The Consultant shall, if requested in writing, issue a certificate confirming such insurance to the Client. Consultant shall at all times during the performance of this Agreement provide insurance as required by the City of Dubuque Insurance Schedule J with a Certificate of Insurance on file with the City. The Client and the Consultant each agree to indemnify and hold the other harmless, and their respective officers, employees, agents, and representatives, from and against any and all claims, damages, losses and expenses (including reasonable attorney's fees) to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of Client and Consultant, they shall be borne by each party in proportion to its negligence. DUBUQUE OFFICE origindesign m 137 Main Street, Ste. 100 Dubuque, Iowa 52001 800 556-4491 Master Services Agreement, City of Dubuque Page 7 of 13 • • origin des ign`s Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. The Client and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association effective as of the date of this agreement. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, any plans, specifications or studies 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. Copies of documents that may be relied upon by the Client are limited to the printed copies (also known as hard copies) that are signed or sealed by the Consultant. Files in electronic media format or text, data, graphic, or of other types that are furnished by the Consultant to the Client are only for convenience of the Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, the Consultant makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the Consultant at the beginning of this project. The delivery of electronic information to Contractors is for the benefit of the Owner for whom the design services have been performed. Nothing in the transfer should be construed to provide any right of the Contractor to rely on the information provided or that the use of the electronic information implies the review and approval by the Design Professional of the information. Electronic information is drawings, data, modeled data, or computational models. It is our professional opinion that this electronic information provides design information current as of the date of its release. Any use of this information is at the sole risk and liability of the user who is also responsible for updating the information to reflect any changes in the design following the preparation date of this information. The transfer of electronic information is subject to the approval of the Design Professional. Depending upon the type of information requested, and the format, a fee may be required for acquisition of the data, payable to the Design Professional. Contractors are required to submit a request in writing to the Design Professional indicating the type and format of the information requested. The Design Professional will make a reasonable effort to determine whether or not the information can be provided as requested, and the fee for providing the information. If this Agreement provides for any construction phase services by the Consultant, it is understood that the Contractor, not the Consultant, its agents, employees, or sub -consultants, is responsible for the construction of the project, and that the Consultant is not responsible for the acts or omissions of any contractor, subcontractor, or material supplier; for safety precautions, programs, or enforcement; or for construction means, methods, techniques, sequences, and procedures employed by the Contractor. When included in the Consultant's scope of services, opinions of probable construction cost are prepared on the basis of the Consultant's experience and qualifications and represent the DUBUQUE OFFICE 137 Main Street, Ste. 100 Dubuque, Iowa 52001 origindesign om 800 556-4491 Master Services Agreement, City of Dubuque Page 8 of 13 • • origin design's Consultant's judgment as a professional generally familiar with the industry. However, since the Consultant has no control over the cost of labor, materials, equipment, or services furnished by others; over contractor's methods of determining prices, or over competitive bidding or market conditions, the Consultant cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from the Consultant's opinions of probable construction cost. The Client and the Consultant each binds itself, it's partners, successors, executors, administrators, assigns, and legal representative to the other party of this Agreement and to the partners, successors, executors, administrators, assigns, and legal representative of such other party in respect to all covenants, agreements, and obligations of this Agreement. Neither the Client nor the Consultant shall assign, sublet or transfer any rights under or interest in (including but without limitations, monies that may be due or monies that are due) this Agreement, without the written consent of the other, except as stated in the paragraph above, and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assigner from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Consultant from employing such independent consultants, associates, and sub- contractors, as Consultant may deem appropriate, at no cost or expense to Client, to assist in the performance of services hereunder. It is acknowledged by both parties that the Consultant's scope of services does not include any services related to the presence at the site of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials. The Client acknowledges that the Consultant is performing professional services for the Client and the Consultant is not and shall not be required to become an "arranger", "operator", "generator", or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA). The Client may terminate this Agreement with seven days (7) prior written notice delivered to the Consultant for convenience or cause. The Consultant may terminate this Agreement for cause with seven (7) days prior written notice delivered to the Client. The Client is obligated to pay for all services rendered up to the date the Consultant receives the written notice of intent to terminate. Failure of the Client to make payments when due shall be cause for suspension of services or ultimately termination, unless and until the Consultant has been paid in all full amounts due for services, expenses, and other related charges. This Agreement supersedes all terms and conditions contained on a purchase order typically procuring products. It is understood by both parties upon execution of this agreement that if a purchase order is issued, it is for accounting purposes only. Purchase order terms and conditions are void and are not a part of our agreement. DUBUQUE OFFICE 137 Main Street, Ste. 100 Dubuque, Iowa 52001 origindesign 800 556-4491 Master Services Agreement, City of Dubuque Page 9 of 13 Task Order No.1 Origin Design Co. (ENGINEER) Origin Design Co. Project Number 21176_01 Pursuant to Agreement for Technical Services dated April 4, 2022 Miscellaneous Engineering Services Task Information Task Name: Dubuque Industrial Center: Crossroads • • origin." design Task Description: Provide design for the entire industrial development as shown on the attached exhibit. It is anticipated that the design will be completed in three (3) phases with up to three (3) bid packages per phase. Scope of Services Project Management 1. Project management tasks including maintaining a work breakdown structure task outline and schedule for the duration of the project. Maintain a total project cost budget for the duration of the project including estimated consultant fees, construction costs, and all direct costs and reimbursable expenses for the consultant and subconsultant. 2. Consultant shall maintain a critical path project schedule for the duration of the design phase. 3. Consultant shall submit a monthly progress report to the CLIENT. Design and Project Document Preparation 1. The ENGINEER will utilize the CLIENT'S Standard Specification (SUDAS), Supplemental Specifications and project workbook. Front end documents will utilize standard CLIENT contract documents. The ENGINEER will determine the Davis Bacon Wage Determination Packet utilized for the project, if required, due to the funding source. 2. Conduct topographic survey and boundary survey of the entire property. 3. Geotechnical investigation by subconsultant. i. Ten (10) total borings (50 feet or auger refusal - no rock coring) - Total drilling footage = up to 500 feet. ii. Sampling interval: Four (4) SPT samples within 10 feet below final proposed grade, one (1) SPT sample per 5-ft interval above/below this elevation. iii. Testing: moisture content, visual classification, unit weight, unconfined compressive strength (soil), Atterberg limits (up to 6), organic content (up to 2), grain size analysis (up to 2), standard Proctor (up to 4). iv. Geotechnical Engineering recommendations: Earthwork, preliminary foundation design considerations, preliminary floor slab and pavement subgrade preparation considerations, seismic site class(es). 4. Verify horizontal and vertical location of the existing natural gas pipeline. 5. Prepare 60% design level of the entire industrial area as shown in the attached exhibit. The design will include utilities, roadway, public access areas, and regional detention areas. 6. Public Involvement i. Prepare rendering of site for use at Public Involvement Meeting. DUBUQUE OFFICE 137 Main Street, Ste. 100 Dubuque, Iowa 52001 origindesign om 800 556-4491 Master Services Agreement, City of Dubuque Page 10 of 13 • • origin." design ii. Conduct Public Involvement Meeting to solicit input. iii. Conduct second Public Involvement Meeting to display interpretation and outcome from first meeting. Traffic Study i. Review previously conducted Southwest Arterial (SWA) traffic data/study. ii. Count existing traffic at E. Tamarack/SWA intersection from 6:30 - 9 AM and from 2:30 - 6 PM. iii. Count existing traffic at Elmwood/SWA intersection from 6:30 - 9 AM and from 2:30-6PM. iv. Review existing crash data at E. Tamarack/SWA intersection and Elmwood/SWA intersection. v. Create a base Synchro model of the intersections: E. Tamarack/SWA. intersection, Industrial Park/E. Tamarack Intersection, and Elmwood/SWA intersection. vi. Identify trips generated by the proposed industrial park development. vii. At three (3) intersections: E. Tamarack/SWA intersection, Industrial Park/E. Tamarack Intersection, and Elmwood/SWA intersection add trips generated by the new development and update Synchro model to determine levels of service within the study area for Opening Year (2022), Year 5 (2027) and Year 20 (2042). viii. Identify improvements needed at intersections where Level of Service is less than C. ix. Prepare Traffic Impact Analysis Report using format required by City of Dubuque guidelines for Traffic Impact Studies. 8. Prepare preliminary plat with up to five (5) iterations. 9. Develop grading, utilities, and roadway bid package for each of the three (3) development phases. Includes development of RISE grant application documentation. i. Final design, including improvement plans of all on -site grading, utilities, street construction, including sanitary sewer, storm sewer, water, fiber-optic conduit, primary electrical conduit, streetlights, final erosion control, stormwater management, and the coordination of all private utilities such as gas, electric, and telecommunications. Regulatory Permit Applications 1. Prepare regulatory permit applications including the following: i. Individual Permit US Army Corps of Engineers (USACE) 404, Iowa Department of Natural Resources (Iowa DNR) 401 Water Quality Certification. ii. Water and Sewer permit applications to Iowa DNR. iii. NPDES Notice of Intent from Iowa DNR. Bidding (Each bid package) 1. Attend the public hearing on the plans, specifications, and opinion of probable cost for the project at a City Council meeting. 2. Assist the CLIENT in obtaining construction bids by: i. Suggesting dates and times for receipt of bids. ii. Notifying interested and qualified contractors and bulletins of the time and date of the receipt of bids and the general nature of the project. DUBUQUE OFFICE 137 Main Street, Ste. 100 Dubuque, Iowa 52001 origindesign om 800 556-4491 Master Services Agreement, City of Dubuque Page 11 of 13 • • origin." design iii. Providing copies of drawings, specifications and contract and bidding documents to CLIENT to post on their website. iv. Answering questions from contractors and suppliers and issuing addenda as necessary. v. Attending the bid opening. 3. Assist the CLIENT in evaluating bids by: i. Reviewing bids for completeness and correctness. ii. Tabulating bids received. iii. Investigating qualifications of contractors. iv. Investigating acceptability of proposed materials, suppliers, and subcontractors. 4. Analyze bids and make recommendations to the CLIENT for award of contract(s) within ten (10) calendar days after the receipt of bids. Prepare Final Plat 1. Meet with CLIENT to review preliminary plat lot layout. 2. Prepare final plat of large lot areas, including certificates. 3. Set monuments at lot corners. Schedule Site Planning & Development - Phases I thru III April 15, 2022 Submit Preliminary Plat to DRT April 15, 2022 Submit 60% Improvement Plans to DRT April 15, 2022 Submit Traffic Study to DRT Phase I Grading May 13, 2022 Phase I Grading Plans and Specifications Submittal to DRT May 19, 2022 Phase I Grading Construction Cost Estimate June 2, 2022 Phase I Grading Plans and Specifications Complete June 6, 2022 City Council - Initiate Bidding and Set Public Hearing June 7, 2022 Advertise for Bids June 20, 2022 City Council Public Hearing June 23, 2022 Receive Bids July 5, 2022 City Council - Award construction Contract July 6, 2022 Issue Notice of Award July 14, 2022 Issue Notice to Proceed July 19, 2022 Construction Start September 30, 2022 Substantial Completion October 28, 2022 Project Completion Phase I Utilities July 1, 2022 Phase I Utilities Plans and Specifications Submittal to DRT July 29, 2022 Phase I Utilities Construction Cost Estimate August 1, 2022 Phase I Utilities Plans and Specifications Complete August 5, 2022 City Council - Initiate Bidding and Set Public Hearing DUBUQUE OFFICE 137 Main Street, Ste. 100 Dubuque, Iowa 52001 origindesign 800 556-4491 Master Services Agreement, City of Dubuque Page 12 of 13 August 1, 2022 Advertise for Bids August 15, 2022 City Council Public Hearing August 22, 2022 Receive Bids September 5, 2022 City Council - Award construction Contract September 6, 2022 Issue Notice of Award September 12, 2022 Issue Notice to Proceed August 19, 2022 Construction Start June 12, 2023 Substantial Completion July 10, 2023 Project Completion Phase I Roadway - Rise Grant Project (*Dates are tentative and may be changed due to funding availability) July 29, 2022 July 29, 2022 August 1, 2022 November 4, 2022 November 11, 2022 November 18, 2022 November 21, 2022 November 22, 2022 December 5, 2022 December 8, 2022 December 19, 2022 December 20, 2022 January 6, 2023 January 16, 2023 July 28, 2023 August 25, 2023 • • origin,gn" Phase I Roadway Rise Grant Application and Plans Complete Phase I Roadway Rise Grant Plan Submittal to DIRT Phase I Roadway Rise Grant Application and Plans Submittal Phase I Roadway Final Plans and Specifications Submittal to DIRT Phase I Roadway Construction Cost Estimate Phase I Roadway Final Plans and Specifications Complete City Council - Initiate Bidding and Set Public Hearing Advertise for Bids City Council Public Hearing Receive Bids City Council - Award Construction Contract Issue Notice of Award Issue Notice to Proceed Construction Start Substantial Completion Project Completion Phase 2 and 3 Design - Schedule to be determined Exclusions ■ Construction Administration ■ Construction Observation ■ Materials Testing ■ Sanitary Lift Station Design ■ Design of Off -Site Intersections ■ Quantity Surveys ■ Phase 1 Archeological Review ■ Phase 1 Environmental Site Assessment ■ Asbestos inspection, sampling, and testing DUBUQUE OFFICE 137 Maui SLreet, SLe. 100 Dubuque, Iowa 52001 origindesign.corn 800 556-4491 Master Services Agreement, City of Dubuque • • Page 13 of 13 origins i g n Compensation 0) 70 — N N 4% N N � N N N N 4% M N � M N M N G .9 o\ N N L +. L '+� L L }�i C '4: L + L }�i L '-P L 0 a C9 a a cn a C9 a Z) a (n a C9 a Z) a W LD Team 73,525 50,700 49,900 45,700 42,800 42,800 41,000 41,000 41,000 39,000 Survey 55,630 Traffic 30,000 Terracon 17,750 Tschiggfrie 11,100 Insurance 14,000 Total 202,005 50,700 49,900 45,700 42,800 42,800 41,000 41,000 41,000 39,000 CLIENT shall compensate ENGINEER for Services under this Task Order on a percent complete basis plus expenses, for an estimated fee of $595,905.00 (Five Hundred Ninety -Five Thousand Nine Hundred Five Dollars and Zero Cents). ENGINEER: Origin Design Co. Pat Ready, PE President & CEO Attachments: Exhibit 4/4/22 Date CLIENT: City of Dubuque kw4191�04/07/2022 N ichael Van Milligen Date City Manager DUBUQUE OFFICE origindesign.eom 137 Main Street, Ste. 100 Dubuque, Iowa 52001 800 556-4491 Vil i City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J Contractor (Origin Design) shall furnish a signed certificate of insurance to the City of Dubuque, Iowa 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 certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Master Services Agreement for Technical Services dated 2022. 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance 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 City 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 by the Director of Finance and Budget 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 limits shall be this agreement's required limits. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule J Professional Services April 2021 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 CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) 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 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa 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. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR Page 2 of 4 Schedule J Professional Services April 2021 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. D) UMBRELLA/EXCESS LIABILITY $3,000,000 The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including Waiver of Subrogation and Primary and Non-contributory in favor of the City. E) PROFESSIONAL LIABILITY $3,000,000 If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims - made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITY/BREACH $1,000,000 Yes No Coverage for First 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 April 2021 City of Dubuque Insurance Requirements for Professional Services Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. 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 Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 4 of 4 Schedule J Professional Services April 2021 ' ® DATE (MMIDDIYYYY) A� o CERTIFICATE OF LIABILITY INSURANCE 4/1112022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jena Wlwert AssuredPartners Great Plains, LLC dba Friedman Insurance PHOfAIC.NE 563-556-0272 FAX, No): 583-585-2790 PO BOX 759 E-MAIL Dubuque IA 52004-0759 ADDREss: wilwerlj friedma rou .com INSURERA: SECURA Insurance, A Mutual Company 22543 INSURED IIVVPC00-01 INSURER B: Continental CasualtyCompany 20443 Origin Design Co. 137 Main St., Ste 100 INSURERC: Dubuque IA 52001 INSURER D : INSURER E : reorlr/r+w rr Rr11RAQrtl. AA47A4702 PI ISIr1N NIIMFRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE. AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR . TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICYNUMBER MMIDDIYYYY POLICY EXP MMIDO LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y CP3033699 11/7/2021 11/7/2022 EACH OCCURRENCE $1.000,000 CLAIMS -MADE ED OCCUR _ $100-000 MA E TO T PREMISES Ea occurrence MED EXP (Any one person) $10,000 $ 1.000,000 _ $ 2.000,000 $ 2.000.000 PERSONALS ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: POLICY E - - I PE Q E LOC GENERAL AGGREGATE PRODUCTS - COMPIOP AGG �iTHLR: .- AUTOMOBTLE LIABILITY Y A3033700 11R12021 11/7/2022 COMBINED SINGLE LIMIT Ea accidehl $1,000,000 BODILY INJURY (Per person) X ANY AUTO $ BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS X HIREn X NON -OWNED AUTOS ONLY AUTOS ONLY $ PROPER DAMAGE $ $ A X UMBRELLALIAB X OCCUR Y Y CU3033702 11/7/2021 11/7/2022 EACH OCCURRENCE $5,000.000 AGGREGATE $ 5,000,000 EXCESS LIAR I C AIM&MADE DED RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYP PCPRIETORIPARTNERlEXECUTIVE Y WC3033701 11/7/2021 11f712022 X STATUTE ERA E.L. EACH ACCIDENT $1,OD0,000 E.L. DISEASE - EA EMPLOYEE $ 1.000,OOD OFFICERIMEMBEREXCLUDED? ❑ (Mandatory in NH) NIA E.L. DISEASE -POLICY LIMIT $ 1,400,000 If yes, desrsibe under DESCRIPTION OF OPERATIONS below B Professional Errors &Omissions AEH004316390 2/1812D22 2118l2023 Per claim $5,000,000 AgOregate limit $5,000,000 Project Deductible 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached if more space is required) Professional Retro/Knowledge Date: 02/1811987. RE: Master Services Agreement for Technical Services - Miscellaneous Engineering Services Project No. 21176-01; CG0001 12107 General Liability Coverage Form. 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 are listed as an Additional Insured on the General Liability on a Primary and Non-contributory basis as provided by CGE1037 (11/05), CGE1040 (11105). Governmental Immunities is provided perform I1-1401. Waiver of Subrogation is included on the General Liability, Auto Liability and Workers Compensation as provided by CGE1040, CAE0131 and WC000313. Umbrella is form fallowing with primary and non-contributory provided by CUE2266 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Dubuque 50 bu 13th St Dubuque IA 52001 AUTHORIZED REPRE REPRESENTATIVE W 1.700-GV IGl r14�V1�V �r Vf�r`Vr��rrV,�. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED WRAP This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this Endorsement, the provisions of the Coverage Part apply unless modified by this Endorsement. A. Additional Insured When Required By Written Agreement 1. Operations Performed For An Additional Insured WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in a written agreement prior to a loss, that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this provision ends at the earlier of when your operations for that additional insured are completed; or the end of the policy period. 2. Limitations The Operations Performed For An Additional Insured coverage is limited as follows: a. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location 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 contractor or subcontractor engaged in performing operations for a principal as a part of the same project. c. The Limits of Insurance applicable to the additional insured are those specified in the 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. If other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. d. This insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. CGE 1037 Includes copyrighted material of Insurance Services Office, with its permission Page 1 of 3 1301 0 2013 SEGURA Insurance Companies B. Additional Insured When Required By Written Agreement — Completed Operations 1. Additional Insured — Completed Operations WHO IS AN INSURED is amended to include as an additional insured any person or organization, when you and such person or organization have agreed in a written agreement prior to a loss, that such person or organization be added as an additional insured on your policy, but only with respect to "bodily injury" or "property damage" caused, In whole or in part, by "your work" performed for that additional insured and included in the "products -completed operations hazard". 2. Limitations The Additional Insured - Completed Operations coverage is limited as follows: a. This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. A person or organization's status as an insured under Additional Insured - Completed Operations continues only until the earlier of the end of the policy period; or the period of time required by the written agreement. If no time period is required by the written agreement, a person or organization's status as an additional insured under this endorsement will not apply beyond the lesser of the end of the policy period; or five years from the completion of "your work" on the project which is the subject of the written agreement. c. The insurance as provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" for which a consolidated (wrap-up) insurance program has been provided by the prime contractor -project manager or owner of the construction project in which you are involved. d. The Limits of Insurance applicable to the additional insured are those specified in the 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. If other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. e. The coverage provided to the additional insured by this endorsement and by paragraph f. of the definition of "insured contract" under DEFINITIONS do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written agreement. f. This Insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. C. Primary And Noncontributory As respects the coverage provided under this endorsement, the Other Insurance Condition is amended as follows: The paragraph regarding Excess Insurance is deleted and replaced with the following: Excess Insurance This insurance is excess over any other insurance available to the additional insured whether primary, excess, contingent or on any other basis unless the written agreement described in A. and B. above specifically requires that this insurance be either primary or primary and noncontributory. Then this insurance is primary and not contributing with any insurance available to the additional insured which covers that person or organization as a named insured. CGE 1037 Includes copyrighted material of Insurance Services Office, with its permission Page 2 of 3 1301 © 2013 SECURA Insurance Companies D. Waiver Of Transfer Of Rights Of Recovery Against Others To Us As respects the coverage provided under this endorsement, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended by adding the following: We waive any right to recover all or part of any payment we have made under this Coverage Part arising out of your ongoing operations or "your work" done under a written agreement requiring such waiver with that person or organization. However, our rights may only be waived prior to the "occurrence" for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. B. Amendment— Aggregate Limits Of Insurance (Per Project) Under LIMITS OF INSURANCE shown on the Declarations, the General Aggregate Limit applies separately to each of your projects away from the premises owned by you or rented to you. This extension does not apply to the "products -completed operations hazard". F. Additional Condition The following condition is added: Additional Insured Duty To Notify The additional insured described in A. or B. above must give written notice of loss, including a demand for defense and indemnity, to any other insurer having coverage for the loss under its policies. Such notice must demand full coverage available and the additional insured shall not waive or limit such other available coverage. This additional condition does not apply to the insurance available to the additional insured which covers that person or organization as a named insured. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. CGE 1037 Includes copyrighted material of Insurance Services Office, with its permission Page 3 of 3 1301 G 2013 SECURA Insurance Companies THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. EXTENDED AUTOMATIC ADDITIONAL INSURED This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this Endorsement, the provisions of the Coverage Part apply unless modified by this Endorsement. A. Additional Insured When Required By Written Agreement 1. Operations Performed For An Extended Additional Insured WHO IS AN INSURED is amended to include as an additional insured any person or organization who is not a signatory to, but is shown within a written agreement you executed prior to a loss, that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for which the written agreement applies. A person's or organization's status as an additional insured under this provision ends at the earlier of when your operations for which the written agreement applies are completed; or the end of the policy period. 2. Limitations The Operations Performed For An Extended Additional Insured coverage is limited as follows: a. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. This insurance does not apply to "bodily injury" or "property damage" occurring after- (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location 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 contractor or subcontractor engaged in performing operations for a principal as a part of the same project. c. The Limits of Insurance applicable to the additional insured are those specified in the 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. If other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. d. This insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. CGE 1040 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 3 1301 0 2013 SECURA Insurance Companies B. Additional Insured When Required By Written Agreement — Completed Operations 1. Extended Additional Insured — Completed Operations WHO IS AN INSURED is amended to include as an additional insured any person or organization who is not a signatory to, but is shown within a written agreement you executed prior to a loss, that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for which the written agreement applies and included in the "products -completed operations hazard". 2. Limitations The Extended Additional Insured - Completed Operations coverage is limited as follows: a. This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. A person or organization's status as an insured under Additional Insured - Completed Operations continues only until the earlier of the end of the policy period; or the period of time required by the written agreement. If no time period is required by the written agreement, a person or organization's status as an additional insured under this endorsement will not apply beyond five years from the completion of "your work" on the project which is the subject of the written agreement. c. The insurance as provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" for which a consolidated (wrap-up) insurance program has been provided by the prime contractor -project manager or owner of the construction project in which you are involved. d. The Limits of Insurance applicable to the additional insured are those specified in the 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. If other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. e. The coverage provided to the additional insured by this endorsement and by paragraph f. of the definition of "insured contract" under DEFINITIONS do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written agreement. f. This insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. C. Primary And Noncontributory As respects the coverage provided under this endorsement, the Other Insurance Condition is amended as follows: The paragraph regarding Excess Insurance is deleted and replaced with the following: Excess Insurance This insurance is excess over any other insurance available to the additional insured whether primary, excess, contingent or on any other basis unless the written agreement described in A. and B., above specifically requires that this insurance be either primary or primary and noncontributory. Then this insurance is primary and not contributing with any insurance available to the additional insured which covers that person or organization as a named insured. D. Waiver Of Transfer Of Rights Of Recovery Against Others To Us As respects the coverage provided under this endorsement, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended by adding the following: CGE 1040 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 2 of 3 1301 0 2013 SECURA Insurance Companies We waive any right to recover al[ or part of any payment we have made under this Coverage Part arising out of your ongoing operations or "your work" done under a written agreement requiring such waiver for an additional insured described in A. or B. above. However, our rights may only be waived prior to the "occurrence" for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. E. Additional Condition The following condition is added: Additional Insured Duty To Notify The additional insured described in A. or B. above must give written notice of loss, including a demand for defense and indemnity, to any other insurer having coverage for the loss under its policies. Such notice must demand full coverage available and the additional insured shall not waive or limit such other available coverage. This additional condition does not apply to the insurance available to the additional insured which covers that person or organization as a named insured. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. CGE 1040 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 3 of 3 1301 0 2013 SECURA Insurance Companies THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART MOTOR CARRIER COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Part apply unless modified by the endorsement. SCHEDULE Governmental Entity: Governmental Entity Address: Project: (If no entry appears above, information required to complete this Endorsement will be shown in the Endorsement Schedule of the Declarations as applicable to this Endorsement.) The following Conditions are added with respects to the Govemmental Entity and Project shown in the Schedule: Ikon -waiver of Government Immunity We expressly agree and state that the purchase of this policy and the including of the Governmental Entity shown in the Schedule as an Additional Insured do not waive any of the defenses of governmental immunity available to the Governmental Entity shown in the Schedule under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Claims Coverage We further agree that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity underthe Code of Iowa Section 670.4 as if now exists and as it may be amended from time to time. Assertion of Government Immunity The Governmental Entity shown in the Schedule shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request by us. Nothing contained in this endorsement shall prevent us from asserting the defense of governmental immunity on behalf of the Governmental Entity shown in the Schedule. 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 Entity shown in the Schedule under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the Governmental Entity shown in the Schedule. No Other Change in Policy We and the Governmental Entity shown in the Schedule agree that the above preservation of govemmental immunities shall not otherwise change or alter the coverage available under the policy. All other terms and conditions of this policy not in conflict with the terms and conditions of this endorsement shall continue to apply. ILE 1401 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 1301 02013 SECURA Insurance Company POLICY NUMBER: 20-CP-003033699-11 ILD 0002 1204 SUPPLEMENTAL FORM DECLARATION FOR ILE 1401 1301 IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT SCHEDULE Governmental Entity: Governmental Entity Address: Project: City of Dubuque x 50 W 13th St, Dubuque, IA TBD L _ _ 52001 1_ ILD 0002 1204 SECURA Insurance Company Pagel oft THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. AUTO ADDITIONAL INSURED WRAP This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. AUTOMATIC ADDITIONAL INSURED— PRIMARY AND NONCONTRIBUTORY SECTION II — COVERED AUTOS LIABILITY COVERAGE, subsection A. Coverage, paragraph 1. Who Is An Insured is amended to add: d. (1) Automatic Additional Insured — Primary And Noncontributory Any person or organization is an additional insured when you and such person or organization have agreed in writing prior to a loss that such person or organization be added as additional insured on your policy. Such person or organization is an additional insured only with respect to liabilityfor "bodily injury" or "property damage" resulting from the ownership, maintenance or use of a covered "auto", provided the "bodily injury" or "property damage" is caused, in whole or in part, byyou or bythose acting on your behalf. This insurance is primary and is not contributing with any other insurance carried by the additional insured. (2) Blanket Lessor Additional Insured Provisions If the additional Insured is a lessor of a "leased auto"; (a) Coverage i. Any "leased auto" that is a covered "auto" will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. For a covered "auto" that is a "leased auto" Who Is An Insured is changed to include as an "Insured" the lessor. ii. The coverages provided under this endorsement apply to any "leased auto" until the policy expiration date, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. (b) Loss Payable Clause i. We will pay, as interest may appear, you and the lessor for "loss" to a "leased auto". ii. The insurance covers the interest of the lessor unless the `loss" results from fraudulent acts or omissions on your part. iii. If we make any payment to the lessor, we will obtain his or her rights against any other party. (c) The lessor is not liable for payment of your premiums. (d) Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that required you to provide direct primary insurance for the lessor. CAE 0131 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 1 of 2 1508 m2015, SECU RA Insurance Companies B. WAIVER -- TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV — BUSINESS AUTO CONDITIONS, subsection A. Loss Conditions, paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is amended to add: We waive any right of recovery we may have against any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be waived from recovery because of payments we make for injury or damage arising out of an "accident" and resulting from the ownership, maintenance or use of a covered "auto". However, our rights may only be waived prior to the "accident" for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. CAE 0131 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 2 of 2 1508 0 2015, SECURA Insurance Companies WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Insured Effective Policy No. Endorsement No. Premium Insurance Company Countersigned by _ WC 00 0313 (Ed. 4-84) a 1983 National Council on Compensation Insurance. THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY CONDITIONS AMENDED FOR ADDITIONAL INSURED This Endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided by this Endorsement, the provisions of the Coverage Part apply unless modified by this Endorsement. SCHEDULE Name of Person(s) or Organization(s) (If no entry appears above, information required to complete this Endorsement will be shown in the Endorsement Schedule of the Declarations as applicable to this Endorsement.) A. Additional Insured Section it —Who Is An Insured; Paragraph 3. applies to include as an additional insured the person or organization shown in the Schedule above, when the person or organization shown in the Schedule above is included as an additional insured in the "underlying insurance". S. Extended Automatic Additional Insured Follow Form Section II —Who Is An Insured; Paragraph 3. applies to include as an additional insured any person or organization who is not a signatory to, but is shown within a written contract or written agreement you executed prior to a loss, that such person or organization be added as an additional insured on your policy. This extension applies only when: 1. The person or organization is included as an Extended Automatic Additional Insured in the "underlying insurance"; and 2. The person or organization is required to be extended as an additional insured under this policy in the written contract or written agreement; and 3. Each other person or organization shown within a written contract or written agreement as required to extend additional insured coverage to specified person or organization has complied with similar requirements in that written contract or written agreement; and 4. The person or organization complies with the notice of loss requirement of Section IV - Conditions; 5. Other Insurance; paragraph b. added below. Such person or organization is an Additional Insured or an Extended Automatic Additional Insured as applicable, only to the extent coverage is provided by the "underlying insurance". C. Primary and Non -Contributory Section IV — Conditions; 5. Other Insurance is amended as follows: 5. Other Insurance The following is added to the Other Insurance Condition and supersedes any provision to the contrary: a. Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured shown in the Schedule, or Extended Automatic Additional Insured under your policy provided that: (1) The additional insured is a Named Insured, or an Extended Automatic Additional Insured under such other insurance; and CUE 2266 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 1301 0 2013, SECURA Insurance Companies (2) The "underlying insurance" apply on a primary and non-contributory basis for the person or organization shown in the Schedule, or an Extended Automatic Additional Insured; and (3) The requirement for primary and non-contributory basis is provided in a written contract or written agreement executed before the loss between you and the additional insured shown in the Schedule, and requires a specific limit of insurance on a primary and non-contributory basis. b. The following Condition is added: The additional insured shown in the Schedule, or an Extended Automatic Additional Insured, must give written notice of loss, including a demand for defense and indemnity, to any other insurance policies having coverage for the loss under its policies. Such notice must demand full coverage available and the additional insured shown in the Schedule shall not waive or limit such other available coverage. This additional condition does not apply to the insurance available to the additional insured shown in the Schedule, or an Extended Automatic Additional Insured, which covers that person or organization as a named insured. Nothing herein will be construed to make this policy subject to the terms, conditions and limitations of such other insurance. Other insurance means a policy of insurance providing coverage for any portion of liability alleged against the Additional Insured or Extended Automatic Additional Insured for a claim that this policy also covers. Other insurance includes any type of self-insurance or other mechanisms by which an insured arranges for funding of legal liabilities. D. Limit of Liability Section III — Limits Of Insurance is amended by adding the following: For the purposes of this Endorsement only, subject to any aggregate limit on this policy, the most we will pay for a covered loss on behalf of the Additional Insured shown in the Schedule, and any Extended Automatic Additional Insured when primary and non-contributory basis applies, is the lesser of the specific limits of insurance required in a written contract or written agreement, but only to the extent the required limits of insurance are in excess of the "underlying insurance". This provision is included within and does not act to increase the Limits of Insurance shown in the Declarations. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. CUE 2266 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 2 1301 © 2013, SECURA Insurance Companies