Loading...
Signed Contract_Shive Hattery for MSC EV ChargersCopyrighted August 15, 2022 City of Dubuque Consent Items # 019. City Council Meeting ITEM TITLE: Signed Contract(s) SUMMARY: No -Cost Grant Extension Amendment to 2021-2022 AmeriCorps Partners in Learning Grant; Graymont Western Lime, Inc. for the Eagle Point Water Plant High Calcium Quicklime; Shive Hattery for MSC EV Chargers. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: /_1if_Td:I�,I=1kih�'5 Description Type No -Cost Grant Extension Amendment to 2021-2022 Supporting Documentation AmeriCorps Partners in Learning Grant Graymont Western Lime, Inc. for the Eagle Point Supporting Documentation Water Plant High Calcium Quicklime Shive Hattery for MSC EV Chargers Supporting Documentation SHIVEHATTCRY A R C H IT E C T U R E+ E N G IN E E R ING PROFESSIONAL SERVICES AGREEMENT ATTN: John Klostermann CLIENT: City of Dubuque, IA City Hall 2nd Floor 50 W. 13th Street Dubuque, IA 52001-4864 PROJECT: City of Dubuque - MSC EV Chargers PROJECT LOCATION: Dubuque, IA DATE OF AGREEMENT: July 13, 2022 PROJECT DESCRIPTION Provide electrical design to accommodate 22 vehicular charging stations. Prepare field verification and provide design services and construction documents. SCOPE OF SERVICES We will provide the following services for the project: Electrical Engineering These services will consist of the following tasks: 1. Schematic Design A. Full team meeting of all stakeholders. B. Due diligence and walk-through (site survey) at each location. C. Available Electrical One Line distribution design documents review. D. Define Client Goals and Drivers, Standards and Project delivery requirement. E. Site Walk-through, review, and document existing facility conditions and infrastructure. F. Review available CAD drawings of site and building. If digital drawings are not available, drawing development can be done as an additional service. G. Provide opinion of probable construction cost at completion of phase. 2. Design Development A. Provide electrical distribution system design with provisions for future additional charging stations per site. B. Provide provisions for backup on -site power generation for specific systems. Complete on -site power generation backup design. C. Review the general and supplementary conditions of the contract for construction, and the bidding instructions with the Owner for inclusion in the Project Manual. D. Full team review of 50% documents. E. Provide opinion of probable construction cost at completion of phase. 3. Construction Documents A. Provide contract documents for open bidding process with bid document review assistance. B. Update opinion of probable construction cost. C. Final coordination of prime and specialty consultant work. D. Complete the Project Manual and Specifications. E. Sustainability review. Project 214220417P Shive- attery 1412S Westown Parkway I Suite 100 1 West Des Moines, IA 50266 1515.223.8104 I shive-hattery.com Page 2 of 9 F. Full team review of 90% and 100% documents. 4. Bidding/Negotiation A. Attend pre -bid walkthrough with contractors. B. Issue addenda, respond to bidder's RFIs, review bids and alternates, and assist in selection of contractors, as needed. 5. Bidding and Permitting A. Assist in bidding requirements. B. Attend bidding activities. C. Provide support of GC for bidding requirements to include contractor questions, clarifications and responses. D. Assist Owner in obtaining the required permits for construction. E. Issue drawings for permits. F. Respond to comments received regarding permit application reviews. 6. Construction Administration A. Prepare Engineer's Supplemental Information, Construction Change Directives and Change Orders, as needed. B. Respond to contractor generated RFI's (requests for information). C. Review contractor submittals including shop drawings, product data and samples and administer these documents by maintaining logs for each. D. Provide electronic documents to GC for their preparation of Record Documents. E. Commissioning. F. Provide As -Built / Record Document installation design drawings and load calculations of the electrical distribution systems that will support the Electric Vehicle Supply Equipment (EVSE) along with recommendations on additional service (including locations) and additional electrical system distributions (including locations). CLIENT RESPONSIBILITIES Shive-Hattery is not a municipal advisor as defined by the Dodd -Frank Act and as such does not offer municipal advisory services including advice regarding any municipal financial products or securities. Any advice or recommendations provided to the client is intended as architectural/engineering services and should not be interpreted as advice regarding municipal financial products or services. The client understands they are responsible to retain the services of a registered municipal advisor for any advice it seeks regarding municipal financial products and securities. It will be your responsibility to provide the following: 1. Provide information on existing underground utilities. 2. Identify a Project Representative with full authority to act on behalf of the Client with respect to this project. The Client Project Representative shall render decisions in a timely manner in order to avoid delays of Shive-Hattery's services. 3. Legal, accounting, and insurance counseling services or other consultants, including geotechnical, or vendors that may be necessary. The Client shall coordinate these services with those services provided by Shive-Hattery. 4. Provide to Shive-Hattery any available drawings, survey plats, testing data and reports related to the project, either hard copy or electronic media. Electronic media is preferred. 5. Unless specifically included in the Scope of Services to be provided by Shive-Hattery, the Client shall furnish tests, inspections, permits and reports required by law, regulation or code including but not limited to hazardous materials, structural, mechanical, chemical, air pollution and water pollution tests. 6. Provide Shive-Hattery personnel unlimited access to the site as required. SH IVCHATTERY Project 214220417P I Jul 132022 Y, A R C H I T E C T U R E+ E N G I N E E R I N G Page 3 of 9 SCHEDULE We will begin our services upon receipt of this Agreement executed by you which will serve as a notice to proceed. • We will meet with you to develop a mutually agreed -upon schedule for the Scope of Services. COMPENSATION Description Fee Type Fee Total Scope of -• - 111 111 TOTAL $15,000 $15,000 Fee Types: • Fixed Fee - We will provide the Scope of Services for the fee amounts listed above. Expenses: • The expense amounts will be reimbursed in accordance with our Reimbursable Expense Fee Schedule in effect at the time that the expense is incurred. See attached Reimbursable Expense Fee Schedule. The terms of this proposal are valid for 30 days from the date of this proposal. ADDITIONAL SERVICES Unless specifically stated in the Scope of Services, any resilient design related services including areas of resistance, reliability and redundancy (i.e. flood protection, storm/tornado shelter, emergency generators, utility backup, etc.) are not included in this proposal. The following are additional services you may require for your project. We can provide these services, but they are not part of this proposal at this time. 1. Arc flash assessment. 2. Complete solar canopy design. 3. 3D rendering - Shive-Hattery. 4. CAD/Revit backgrounds (if not provided by Client). We will provide internet-based site plans. 5. Total facility backup on -site power generation design. 6. Plat survey. OTHER TERMS STANDARD TERMS AND CONDITIONS Copyright © Shive-Hattery April 2022 PARTIES "S-H" or "Shive-Hattery" shall mean Shive-Hattery, Inc. or Shive-Hattery A/E Services, P.C. or Studio951 a Division of Shive- Hattery or EPOCH a Division of Shive-Hattery or Shive-Hattery New Jersey, Inc. or WSM, a Division of Shive-Hattery, Inc. and "CLIENT" shall mean the person or entity executing this Agreement with "S-H." LIMITATION OF LIABILITY AND WAIVER OF CERTAIN DAMAGES The CLIENT agrees, to the fullest extent of the law, to limit the liability of S-H, its officers, directors, shareholders, employees, agents, subconsultants, affiliated companies, and any of them, to the CLIENT and any person or entity claiming by or through the CLIENT, for any and all claims, damages, liabilities, losses, costs, and expenses including SH IVEHATTCRY Project 214220417P I Jul 132022 Y, A R C H I T E C T U R E+ E N G I N E E R I N G Page 4 of 9 reasonable attorneys' fees, experts' fees, or any other legal costs , in any way related to the Project or Agreement from any cause(s) to an amount that shall not exceed the cost of construction or two hundred fifty thousand dollars ($250,000), whichever is greater. The parties intend that this limitation of liability apply to any and all liability or cause of action, claim, theory of recovery, or remedy however alleged or arising, including but not limited to negligence, errors or omissions, strict liability, breach of contract or warranty, express, implied or equitable indemnity and all other claims, which except for the limitation of liability above, the CLIENT waives. CLIENT hereby releases S-H, its officers, directors, shareholders, employees, agents, subconsultants, affiliated companies, and any of them, and none shall be liable to the CLIENT for consequential, special, exemplary, punitive, indirect or incidental losses or damages, including but not limited to loss of use, loss of product, cost of capital, loss of goodwill, lost revenues or loss of profit, interruption of business, down time costs, loss of data, cost of cover, or governmental penalties or fines for any action arising out of negligence by S-H. INDEMNIFICATION Subject to the limitation of liability in this Agreement, S-H agrees to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT, its officers, directors, shareholders, employees, contractors, subcontractors and consultants against all claims, damages, liabilities, losses or costs, including reasonable attorneys' fees, experts' fees, or other legal costs to the extent caused by S-H's negligent performance of service under this Agreement and that of its officers, directors, shareholders, and employees. The CLIENT agrees to the fullest extent permitted by law, to indemnify and hold harmless S-H, its officers, directors, shareholders, employees, agents„ subconsultants, and affiliated companies against all damages, liabilities, losses, costs, and expenses including, reasonable attorneys' fees, expert's fees, and any other legal costs to the extent caused by the negligent acts or omissions of the CLIENT, its employees, agents, contractors, subcontractors, consultants or anyone for whom the CLIENT is legally liable. HAZARDOUS MATERIALS - INDEMNIFICATION To the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold S-H, its officers, directors, shareholders, employees, agents, consultants and affiliated companies, and any of them harmless from and against any and all claims, liabilities, losses, costs, or expenses including reasonable attorney's fees, experts' fees and any other legal costs (including without limitation damages to property, injuries or death to persons, fines, or penalties), arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acids, alkalies, toxic chemicals, liquids, gases, polychlorinated biphenyl, petroleum contaminants spores, biological toxins, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. STANDARD OF CARE Services provided by S-H under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances on projects of similar size, complexity, and geographic location as that of the Project. Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed by either party to the other party. BETTERMENT The CLIENT recognizes and expects that certain change orders may be required to be issued as the result in whole or part of imprecision, incompleteness, omissions, ambiguities, or inconsistencies in S-H's drawings, specifications, and other design, bidding or construction documentation furnished by S-H or in other professional services performed or furnished by S-H under this Agreement (herein after in this Betterment section referred to as S-H Documentation). If a required item or component of the Project is omitted from S-H's Documentation, the CLIENT is responsible for paying all costs required to add such item or component to the extent that such item or component would have been required and included in the original S-H Documentation. In no event will S-H be responsible for costs or expense that provides betterment or upgrades or enhances the value of the Project. RIGHT OF ENTRY The CLIENT shall provide for entry for the employees, agents and subcontractors of S-H and for all necessary equipment. While S-H shall take reasonable precautions to minimize any damage to property, it is understood by the CLIENT that in the normal course of the project some damages may occur, the cost of correction of which is not a part of this Agreement. PAYMENT Unless otherwise provided herein, invoices will be prepared in accordance with S-H's standard invoicing practices then in effect and will be submitted to CLIENT each month and at the completion of the work on the project. Invoices are due and payable upon receipt by the CLIENT. If the CLIENT does not make payment within thirty (30) days after the date the invoice was mailed to the CLIENT, then the amount(s) due S-H shall bear interest due from the date of mailing at the lesser interest rate of 1.5% per month compounded or the maximum interest rate allowed by law. In the event that S-H files or takes any action, or incurs any costs, for the collection of amounts due it from the client, S-H shall be entitled to recover its entire cost for attorney fees and other collection SH IVEHATTCRY Project 214220417P I Jul 132022 Y, A R C H I T E C T U R E+ E N G I N E E R I N G Page 5 of 9 expenses related to the collection of amounts due it under this Agreement. Any failure to comply with this term shall be grounds for a default termination. TERMINATION Either party may terminate this Agreement for convenience or for default by providing written notice to the other party. If the termination is for default, the non -terminating party may cure the default before the effective date of the termination and the termination for default will not be effective. The termination for convenience and for default, if the default is not cured, shall be effective seven (7) days after receipt of written notice by the non -terminating party. In the event that this Agreement is terminated for the convenience of either party or terminated by S-H for the default of the CLIENT, then S-H shall be paid for services performed to the termination effective date, including reimbursable expenses due, and termination expenses attributable to the termination. In the event the CLIENT terminates the Agreement for the default of S-H and S-H does not cure the default, then S-H shall be paid for services performed to the termination notice date, including reimbursable expenses due, but shall not be paid for services performed after the termination notice date and shall not be paid termination expenses. Termination expenses shall include expenses reasonably incurred by S-H in connection with the termination of the Agreement or services, including, but not limited to, closing out Project records, termination of subconsultants and other persons or entities whose services were retained for the Project, and all other expenses directly resulting from the termination. INFORMATION PROVIDED BY OTHERS S-H shall indicate to the CLIENT the information needed for rendering of services hereunder. The CLIENT shall provide to S-H such information, including electronic media, as is available to the CLIENT and the CLIENT's consultants and contractors, and S- H shall be entitled to rely upon the accuracy and completeness thereof. The CLIENT recognizes that it is difficult for S-H to assure the accuracy, completeness and sufficiency of such client -furnished information, either because it is provided by others or because of errors or omissions which may have occurred in assembling the information the CLIENT is providing. Accordingly, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless S-H, its officers, directors, shareholders, employees, agents, subconsultants and affiliated companies, and any of them, from and against any and all claims, liabilities, losses, costs , expenses (including reasonable attorneys' fees, experts' fees, and any other legal costs) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the CLIENT. UNDERGROUND UTILITIES Information for location of underground utilities may come from the CLIENT, third parties, and/or research performed by S-H or its subcontractors. S-H will use the standard of care defined in this Agreement in providing this service. The information that S-H must rely on from various utilities and other records may be inaccurate or incomplete. Therefore, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless S-H, its officers, directors, shareholders, employees agents, subconsultants, affiliated companies, and any of them for all claims, losses, costs and damages arising out of the location of underground utilities provided or any information related to underground utilities by S-H under this Agreement except for claims, losses, costs and damages caused by the negligence of S-H in providing such services.. CONTRACTOR MATTERS CLIENT agrees that S-H shall not be responsible for the acts or omissions of the CLIENT's contractor, or subcontractors, their employees, agents, consultants, suppliers or arising from contractor's or subcontractors' work, their employees, agents, consultants, suppliers or other entities that are responsible for performing work that is not in conformance with the construction Contract Documents, if any, prepared by S-H under this Agreement. S-H shall not have responsibility for means, methods, techniques, sequences, and progress of construction of the contractor, subcontractors, agents, employees, agents, consultants, or other entities. In addition, CLIENT agrees that S-H is not responsible for safety at the project site and that safety during construction is for the CLIENT to address in the contract between the CLIENT and contractor. SHOP DRAWING REVIEW If, as part of this Agreement S-H reviews and approves Contractor submittals, such as shop drawings, product data, samples and other data, as required by S-H, these reviews and approvals shall be only for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. S-H's review shall be conducted with reasonable promptness while allowing sufficient time in S-H's judgment to permit adequate review. Review of a specific item shall not indicate that S-H has reviewed the entire assembly of which the item is a component. S-H shall not be responsible for any deviations from the contract documents not brought to the attention of S-H in writing by the Contractor. S-H shall not be required to review partial submissions or those for which submissions of correlated items have not been received. OPINIONS OF PROBABLE COST If, as part of this Agreement S-H is providing opinions of probable construction cost, the CLIENT understands that S-H has no control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and that S-H's opinions of probable construction costs are to be made on the basis of S-H's qualifications and experience. S-H makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. SHIVEHATTERY Proect214220417P Jul 132022 J Y,A R C H I T E C T U R E+ E N G I N E E R I N G Page 6 of 9 CONSTRUCTION OBSERVATION If, as part of this Agreement S-H is providing construction observation services, S-H shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' work and to determine if the work is proceeding in general accordance with the Contract Documents. Unless otherwise specified in the Agreement, the CLIENT has not retained S-H to make detailed inspections or to provide exhaustive or continuous project review and observation services. S- H does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, its subcontractors, employees, agents, consultants, suppliers or any other entities furnishing materials or performing any work on the project. S-H shall advise the CLIENT if S-H observes that the contractor is not performing in general conformance of Contract Documents. CLIENT shall determine if work of contractor should be stopped to resolve any problems. OTHER SERVICES The CLIENT may direct S-H to provide other services including, but not limited to, any additional services identified in S-H's proposal. If S-H agrees to provide these services, then the schedule shall be reasonably adjusted to allow S-H to provide these services. Compensation for such services shall be at S-H's Standard Hourly Fee Schedule in effect at the time the work is performed unless there is a written Amendment to Agreement that contains an alternative compensation provision. OWNERSHIP & REUSE OF INSTRUMENTS OF SERVICE Upon payment by the Client in full for the services, all reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by S-H as instruments of service become the property of the Client. The CLIENT shall not reuse or make any modifications to the plans and specifications without the prior written authorization of S-H. The CLIENT agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless S-H its officers, directors, shareholders, employees, agents, subconsultants and affiliated companies, and any of them from any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to any unauthorized reuse or modifications of the construction documents by the CLIENT or any person or entity that acquires or obtains the plans and specifications from or through the CLIENT without the written authorization of S-H. DISPUTE RESOLUTION If a dispute arises between S-H and CLIENT, the executives of the parties having authority to resolve the dispute shall meet within thirty (30) days of the notification of the dispute to resolve the dispute. If the dispute is not resolved within such thirty (30) day time period, CLIENT and S-H agree to submit to non -binding mediation prior to commencement of any litigation and that non -binding mediation is a precondition to any litigation. Any costs incurred directly for a mediator, shall be shared equally between the parties involved in the mediation. EXCUSABLE EVENTS S-H shall not be responsible or liable to CLIENT or CLIENT's contractors, consultants, or other agents for any of the following events or circumstances, or the resulting delay in S-H's services, additional costs and expenses in S-H's performance of its services, or other effects in S-H's services, stemming in whole or part from such events and circumstances (collectively, "Excusable Events" or, singularly, an "Excusable Event"): a change in law, building code or applicable standards; actions or inactions by a governmental authority; the presence or encounter of hazardous or toxic materials on the Project; war (declared or undeclared) or other armed conflict; terrorism; sabotage; vandalism; riot or other civil disturbance; blockade or embargos; explosion; abnormal weather; unanticipated or unknown site conditions; epidemic or pandemic (including but not limited to COVID-19), delays or other effects arising from government -mandated or government -recommended quarantines, closure of business, access, or travel; strike or labor dispute, lockout, work slowdown or stoppage; accident; act of God; failure of any governmental or other regulatory authority to act in a timely manner; acts or omissions by CLIENT or by any CLIENT's contractors, consultants or agents of any level on the project (including, without limitation, failure of the CLIENT to furnish timely information or approve or disapprove of S-H's services or work product promptly, delays in the work caused by CLIENT, CLIENT's suspension, breach or default of this Agreement, or delays caused by faulty performance by the CLIENT or by CLIENT's contractors, consultants, or agents of any level); or any delays or events outside the reasonable control of S-H. When an Excusable Event occurs, the CLIENT agrees S-H is not responsible for any actual or claimed damages incurred by CLIENT or CLIENT's contractors, consultants, or agents, S-H shall not be deemed to be in default of this Agreement, and S-H shall be entitled to a change order to equitably increase and extend S-H's time for performance of its services, as well as equitably increase the contract sum to compensate S-H for its increased labor, expenses, and other costs to perform its services, due to the Excusable Event. ASSIGNMENT Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. SEVERABILITY, SURVIVAL AND WAIVER Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CLIENT and S-H shall survive the completion of the services hereunder SHIVCHATTERY Proect214220417P Jul 132022 J Y,A R C H I T E C T U R E+ E N G I N E E R I N G Page 7 of 9 and the termination of this Agreement. The failure of a party to insist upon strict compliance of any term hereof shall not constitute a waiver by that party of its rights to insist upon strict compliance at a subsequent date. GOVERNING LAW This Agreement shall be governed pursuant to the laws in the state of Iowa. Venue shall be exclusively in the Iowa District Court for Dubuque County, Iowa. The parties consent to the jurisdiction of such court. EQUAL EMPLOYMENT OPPORTUNITY It is the policy of S-H to provide equal employment opportunities for all. S-H enforces the following acts and amendments as presented by Federal government or State governments: Title VII of the Civil Rights Act of 1965, Age Discrimination in Employment ACT (ADEA), Americans With Disabilities Act (ADA), Iowa Civil Rights Act of 1965, and Illinois Human Rights Act [ 775ILCS 5]. S-H will not discriminate against any employee or applicant because of race, creed, color, religion, sex, national origin, gender identity, sexual orientation, marital status, ancestry, veteran status, or physical or mental handicap, unless related to performance of the job with or without accommodation. COMPLETE AGREEMENT This Agreement constitutes the entire and integrated agreement between the CLIENT and S-H and supersedes all prior negotiations, representations and agreements, whether oral or written. In the event the CLIENT issues a Purchase Order of which this Agreement becomes a part, or the CLIENT and S-H otherwise execute or enter into a contract into which this Agreement is incorporated, the parties expressly agree that, to the extent the terms of this Agreement conflict with or are otherwise inconsistent with such Purchase Order, or any other contract, this Agreement shall supersede and override the terms of the aforementioned documents, and this Agreement shall solely govern in those regards. ACCEPTANCE Wet signatures, digital signatures, electronic signatures or acceptance communicated by mail or e-mail from one party to another, are deemed acceptable for binding the parties to the Agreement. The CLIENT representative accepting this Agreement warrants that he or she is authorized to enter into this Agreement on behalf of the CLIENT. INSURANCE S-H shall provide insurance as described in the attached Insurance Schedule at all times during the performance of the Agreement. BILLING S-H shall bill Alliant Energy directly for all Compensation, including but not limited to fees and expenses. SHIVEHATTCRY Project 214220417P I Jul 13, 2022 y ARCHITECTURE, ENGINEERING Page 8 of 9 AGREEMENT This proposal shall become the Agreement for Services when accepted by both parties. Wet signatures, digital signatures, electronic signatures or acceptance communicated by mail or e-mail from one party to another, are deemed acceptable for binding the parties to the Agreement. The Client representative signing this Agreement warrants that he or she is authorized to enter into this Agreement on behalf of the Client. Thank you for considering this proposal. We look forward to working with you. If you have any questions concerning this proposal, please contact us. Sincerely, SHIVE-HATTERY, INC. John Waldron, Electrical Engineer jwaldron@shive-hattery.com AGREEMENT ACCEPTED AND SERVICES AUTHORIZED TO PROCEED CLIENT: City of Dubuque, IA BY: k�/ ,w TITLE: ( ignature) City Manager PRINTED NAME: Michael Van Milligen DATE ACCEPTED: 07/31/2022 Project 214220417P I July 13, 2022 SH IVEHATTCRY ARCHITECTURE+ENGINEERING Page 9 of 9 REIMBURSABLE EXPENSE FEES SCHEDULE Effective July 2, 2022 - December 31, 2022 EXPENSE FEE TRAVEL: Mileage - Car/Truck $0.62/ Mile Mileage - Survey Truck $0.72/ Mile Lodging, Meals Cost + 10% Airfare Cost + 10% Car Rental Cost + 10% OUTSIDE SERVICES: Computer Services Cost + 10% Aerial Photogrammetry Cost + 10% Professional Services Cost + 10% Prints/Plots/Photos Cost + 10% Deliveries Cost + 10% IN-HOUSE SERVICES: Drawings/Prints/Plots: Bond $ .30/ Sq.Ft. Mylar $ .75/ Sq.Ft. Photogloss $ .90/ Sq.Ft. Color Bond $ .60/ Sq.Ft. Foam Core Mounting $13.00 Color Prints: Letter Size $ 1.00 Legal and 11x17 Size $ 2.00 SH IVEF-IATTEP,Y Project 214220417P I Jul 132022 Y, ARCHITECTURE+ENGINEERING City of Dubuque insurance Requirements for Professional Services INSURANCE SCHEDULE J 1. Shive-Hattery shall fumish 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 60days. Contractors presenting annual certificates shall present a certificate at the end of each project with thefinal billing. Each certificate shall be prepared on the most current ACORD farm 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. Z All policies of insurance required hereunder sh all be with an insurer authonzedtodo business in Iowa and all insurers shall have a rating of Aor better in the current.A-M- Sest'sRating Guide. 3. Each certificate shall be furnished to the Finance Departmerit 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.ofthis agreement. 5. Contractors shall require all subconsultants and sub subconsultants to obtain and maintain during the performance of work insurance for the coveragesdescdbe in this Insurance Schedule and shall obtain certificates of lnstrarrces front al( such sulaconsuitants.and sub-subconsultants. Contractors agreethat they shall be liable,for the failure of a subcunsultant and stub- subconsultant to obtain and maintain such coverages, The "City may request copy of such certificates from the Contractor. 6. All required endorsements shall be attached to certificate of -Insurance. 7- Whenever a specific 190 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. ConfrElaors shall be`rkpired to carry the minimum cnverageffiritits, or greater if requited by lawor other legal agreementin Exhibit. i. If the contractors rim Ita of liability are higher than the required Minimum lirriits fhen the provider's limits shall be this agreement`s requimd limits. �. Contractor shall be responsible for deductibles and self insured re€ention for payment of all policy premiums and other cost associated with the insurance policies required below.. fQ. 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'arry time. 112. The`City of Dubuque reserves the right to modify these requirements,. including linriis, based onchanges in the risk or other special elrcumsI arrow during the term of the agreement, subject to mutual agreement of the parties; Page 1 of 4 Sched ule J Professional Sep ices April 2r}2•i A) 3 C) City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) Exhibit I COMMERCIAL GENERAL LIABILITY General Aggregate Limit $z D00, 000 Products -Completed Operations Aggregate Limit v"000,.000 Personal. and Advertising injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any tine occurrence) $50,000 IUiedlic"af Payments $5;000 1) Coverage shall be written on an occurrence, not claims made form: The general liability coverage shall'be. written in accord witty I -ISO form CG 00 01 or business ownersform 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 aoa-co&lbutory. 3) Include Preservation -of Governmental Immunities Endorsement. (Sample attached}, 4- include adtlitloriat insured endorserri for_ The:Gity of Dubuque,, including all its elected and appointed officials, all its employees and volunteers, all its boardw commissions andfor authorities"and their beard members, employees and volunteers. Use:ISO form CG 2026, 51 Policy shall include Waiver of Rightto Recoverfrom Others endorsement. AUTOMOBILE LIABILITY Combined Single: Limit. erage shall include ailouvned non-uwined, and hired vehices. If €he Contractors business does not own any vehicles, coverage" is required on non -owned and hired vehicles, IX. Polley shall include llkt NW of Rightto:RecoverfmrfrOthers endorsement. WORKERS' COMPENSATION-& EMPLOYERS UABILiTYr Statutory, Benefits covering all employees injured on ttte job by accident or diseaseas prescribed" by. Iowa .Forte ChapterAS, ir0uerage.A SiatutbtyState of Iowa Coverage 8 Eibployers Liability Each Accident $T00,000 Eachfmployee-Disease $100,000 Policy Limit -Disease Ir500,000 Policy shall tnclude Waiver of Rightto Recover from Others endorsement. Coverage B limits serail be greater if required by the umbrellatexcess insurer. M Page 2 of 4 Schedule J Professional Services .April 2021 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (coritinued) 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 States Nonelestion of Workers` Compensation or Employers' Liability Coverage form on Alewith the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 137-M Completed form must be attached. D) UMBRELLAIEXCESS LIABILRY SZOOO ODD The General U.ability, ,Automobile Liability and Workers Compensation insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Lability 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 Subrogation and Primary and Non-contributory in favor of the City. Ek PROFESSIONAL LIABILITY If.the required policy provides..claims-made coverage:. 1) The Retroactive Date must be shown and must be befarethe 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 claints- rriade policy° form witty a Ret'roaetive-Date prioi to the'date of the agreerrment,'ilae contractor must provide extended repo&hg�- erage for a minimum. of five (5) years' after completibn of the work or services: Fy CYBER LIABILITYBREACIJ $1,a1}Q,Q(Zff Yes 3t No Coverage for First and Third Party liability including but not limited to lost data and restoration, lossof income and, cyber breach of information, Page 3 of 4 Schedule J Professional Services April 2&21 City of Dubuque Insurance Requirements for Professional Serfices Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result. In the wAiverof the City's,governmental immunities provided in tmva 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 notWaive 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 if may be amended from time to time: 2- Giaims.Coveraae. The insurer further agrees that.this policy.of'insurance, shall cover only those claims not sul~ject to -the -defense, of.governmental immunity under fheeCode.of Iowa .Section GTO.4 as it now exists and as It inay be amended from time to tii-r e. Those. cfaims_not "subject to Gode of Iowa Section. 670:4 shall be covered by the terms and conditions of this insurance policy. 1 Assertion of Gover ririent Imrrivrib- 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 tirmeiy'written request of the insurer. 4. Non -Denial of Coverage The insurer sh all not deny, coverage underthis policy and the insurer shall not deny anyeof the righta 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: asserte# by- the Gly of Dubuque;. Iowa - No Other Change in Policy. The above prei4r" ion of governmental." unit'.shall not otherwise change or alter the'coverage available under the.policy.. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXtS) Page 4 of 4 Schedule.! Professional Services April 2021 CERTIFICATE OF LIABILITY INSURANCE DATE 07/13/2022Yv) 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 1-800-300-0325 Holmes Murphy & Assoc - CR CONTANAME: CT Misty Sunnes PHONE FAX /C No Ext: 319-896-7670 A/C No: [A/C. E-MAIL msunnes@holmesmurphy.com ADDRESS: P Y•com 201 First Street SE, Suite 700 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company of IL 27855 Cedar Rapids, IA 52401 INSURED INSURER B : TRAVELERS PROP CAS CO OF AMER 25674 Shive-Hattery, Inc. (Des Moines) INSURER C: Zurich American insurance Company 27855 INSURER D:XL SPECIALTY INS CO 37885 4125 Westown Parkway, Suite 100 INSURER E : INSURERF: West Des Moines, IA 50266 COVERAGES CERTIFICATE NUMBER: 66123636 REVISION NUMBER: 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 INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL0020392906 10/01/21 10/01/22 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREMISESEa occu"Dence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � PRO- � LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY BAP020393006 10/01/21 10/01/22 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR ZUP6S170317 10/01/21 10/01/22 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ 10,000 $ C AND EMPLOYERS' LIABILITY WORKERS COMPENSATION ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/M EMBER EXCLUDED? IN I (Mandatory in NH) N / A WCO20392806 10/01/21 10/01/22 X STATUTE ERERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability DPR9983713 10/01/21 10/01/22 Per Claim 5,000,000 (Claims -Made Policy) Aggregate 10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project # 2142204170 Project Name: City of Dubuque - MSC EV Chargers 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 included as Additional Insureds on the Auto, Umbrella & General Liability on a primary and non-contributory basis as required by written contract with the insured, per policy terms and conditions. The General Liability, Auto Liability, Umbrella Liability and Workers Workers Compensation contain a Waiver of Subrogation in favor of Additional Insureds listed above as required by written contract with the insured, per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dubuque THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 50 W 13th Street AUTHORIZED REPRESENTATIVE Dubuque, IA 52001 USA 10G/�!I_ ACORD 25 (2016/03) ahampsher-cr 66123636 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG24140413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF GOVERNMENTAL IMMUNITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART We will waive, both in the adjustment of claims and in the defense of "suits" against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. AMENDMENT CITY OF DUBUQUE, IOWA ADDITIONAL INSURED ENDORSEMENT The City of Dubuque, Iowa 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 included as Additional Insureds. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage be primary, contributing or excess. CITY OF DUBUQUE, IA GOVERNMENTAL IMMUNITIES ENDORSEMENT REQUIRED IN PROJECTS SPECS 1. Nonwaiver of Government Immunity. The insurance carrier 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 Dubuqe, Iowa under code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 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 insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Dubuque, Iowa. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny an 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 asserts by the City of Dubuque, Iowa. NO Other Change in Policy. The insurance carrier and the City of Dubuque, Iowa agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy CITY OF DUBUQUE, IOWA CG 24 14 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Wolters Kluwer Financial Services I Uniform FormsTA4 Thirty (30) days Advance Written Notice of Cancellation, Non -Renewal, Reduction in coverage and/or limits and ten(10) days written notice of non-payment of premium shall be sent to: Risk Management Office City of Dubuqe, IA City Hall 350 West 6th Street Dubuque, IA 52001 This endorsement supersedes the standard cancellation statement on the Certificate of Insurance for the City of Dubuque, Iowa. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 24 14 04 13 ❑