Signed Contract_Origin Design Co. for Municipal Services Center Reception Renovation ProjectCity of Dubuque
City Council Meeting
Consent Items # 025.
Copyrighted
December 19, 2022
ITEM TITLE: Signed Contract(s)
SUMMARY: Administrative Agreement with Iowa Municipalities Workers'
Compensation Association; Origin Design Co. for Municipal Services
Center, Reception Renovations Project.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Administrative Agreement with Iowa Municipalities Supporting Documentation
Workers' Compensation Association
Origin Design Co. - Municipal Services Center, Supporting Documentation
Reception Renovations Project
• •
origin
design"
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
BETWEEN THE
CITY OF DUBUQUE, IOWA
AND
ORIGIN DESIGN CO.
FOR
MUNICIPAL SERVICES CENTER,
RECEPTION RENOVATIONS PROJECT
(ORIGIN DESIGN PROJECT NO. 22187)
THIS AGREEMENT is made this 13th day of December , 202� by and between the
City of Dubuque, Iowa, hereinafter referred to as the "Owner", and Origin Design Co., a professional
corporation in Dubuque, Iowa, hereinafter referred to as the "Architect".
WHEREAS, the Owner desires to make modifications to the existing reception desk area at the
Municipal Services Center building, located at 925 Kerper Ct in Dubuque, Iowa are identified as
follows:
Modifications to Existing Reception Desk Area: Improvements to provide a reception desk area to
accommodate 4 sit to stand workstations within the existing reception desk footprint. New finishes will
be limited to flooring within this reception area and new transaction countertop. Existing power and
data will be revised to align with new workstations. New workstations will be provided by the owner
under separate contract. The architect shall engage Modus Engineers for the design of the electrical
and data systems that will be part of this project.
WHEREAS, the Owner desires to engage the Architect for design services required for project
design including drawings, specifications and bidding and contract documents, and assist the City
through award of the project.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
SCOPE OF SERVICES
The following services are listed by the five key improvement areas and will be provided by or under
the direct personal supervision of a Professional Architect licensed to practice in the State of Iowa.
Municipal Services Center Reception Renovations
Preliminary Design
1. Meet with representatives of the City as necessary or desired to discuss the objectives of
the project and review available data and information.
2. Visit project area to measure and document the existing conditions.
3. Prepare preliminary drawings showing the demolition of existing and new proposed
layout.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Architectural Services
Municipal Service Center Reception Renovations Project origin,
December 9,2022Page 2 of 8design
4. Prepare a preliminary statement of Architect's opinion of probable construction cost for
the proposed improvements upon the preliminary submittal to the City so the costs
associated with the project are identified.
5. Meet with City Representatives at the end of the Preliminary Design phase to field
questions and receive comments and suggestions.
Final Design
1. Incorporate comments and suggestions from the preliminary review meeting with the City
and prepare final drawings showing the improvements.
2. Prepare technical specifications for the proposed renovations.
3. Prepare the form of contract and bidding documents, bid bond form, Improvement
contract, performance/payment/maintenance bond, special contract provisions, and
special instructions to the Contractors, using City approved forms as applicable. All
contract documents should be reviewed by the Owner's legal counsel.
4. Prepare a final statement of Architect's opinion of the construction cost for the project
based upon the completed design. It should be noted that construction cost estimates
are no more than estimates reflecting of the Architect's best judgment of construction
costs at the time the estimate is made and that actual construction costs based upon the
bids received will vary. The Owner should be aware that construction costs are subject to
factors such as supply and demand, inflation and availability of labor which are beyond
the control of the Architect. The Architect cannot, therefore, guarantee the accuracy of
estimates of construction costs.
5. Submit and provide copies as needed of the final plans, specifications, contract
documents and detailed cost estimate for the Owner to make final review of and for
initiating the public bidding process with the City Council.
6. Attend meeting or conferences with the Owner as necessary or desirable, and at the
project site or the office of the Owner to:
a. Coordinate and attend one (1) 95% design meeting.
b. Review and discuss project details with the Owner.
c. Review detailed drawings and specifications with the Owner.
d. Review plans, specifications, detailed cost estimate, contract and bidding documents
with the Owner and/or the Owner's attorney when project is 100% complete. Architect
will make modifications to comply with the comments.
Bidding and Contract Award
Assist the Owner in obtaining construction bids by:
a. Suggesting dates and times for receipt of bids.
b. Notifying interested and qualified Contractors and bulletins of the time and date of
the receipt of bids and the general nature of the project, advertising for bids.
c. Making copies (electronic or paper) of drawings, specifications and contract and
bidding documents available to interested and qualified contractors, material
suppliers, and other interested parties. Iowa law requires the Owner to pay for copies
of documents provided to interested parties.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Cubuque, Iowa 52001
origindesign
800 556-4491
Agreement for Architectural Services
Municipal Service Center Reception Renovations Project origin
December 9,2022
Page 3 of 8
design`
d. Answering questions from Contractors and suppliers and issuing addenda as
necessary.
e. Evaluating and determining acceptability of materials as may be proposed by
Contractors and suppliers in accordance with the Contract Documents.
f. Attending bid opening.
Assist the Owner in evaluating bids by:
a. Reviewing bids for completeness and accuracy.
b. Tabulating bids received.
c. Investigating qualifications of Contractors.
d. Investigating acceptability of proposed materials, suppliers and subcontractors.
Analyze the bids and make recommendations to the Owner for award of contract(s) within
ten (10) days after the receipt of bids, unless bid irregularities are encountered.
Services During Construction
1. Participate in a pre -construction meeting prior to the beginning of work at the project site.
2. Make (3) visits to the site at various stages of construction to observe the progress and
quality of the Contractor's executed Work. These visits are limited to spot-checking and
general observation and are not intended to be detailed inspections that extend to every
aspect of the Contractor's Work. Information obtained during these visits will enable
Origin Design to determine if the Work is proceeding in accordance with the Contract
Documents. Origin Design will keep the Client informed of the progress of the Work.
3. Respond to Requests for Information and issue clarifications and interpretations of the
Contract Documents as necessary to enable the completion of the Contractor's Work.
4. Recommend Change Orders to the Owner as appropriate and prepare Change Orders as
required.
S. One round of review of construction submittals such as shop drawings and samples which
the Contractor is required by the Contract Documents to submit. Review and subsequent
approval is only for conformance to the design intent of the Contract Documents and
does not extend to the means, methods, techniques and procedures of construction.
6. Review Payment Requests submitted by the Contractor and make recommendations
based upon the Engineer's/Architect's knowledge of the progression of the Work.
7. Receive, review, and transmit to the Owner Completion Documents required by the
Contract Documents including but not limited to operating instructions, warrantees,
schedules, shop drawings, samples, and annotated record documents.
8. Conduct a Substantial Completion review, including a visit to the site, and issue a
Certificate of Substantial Completion to the Owner and the Contractor.
Exclusions from Professional Services
The following is a list of services we are capable of providing but have not included in this Proposal.
We would be more than willing to perform any or all of the services under a separate Proposal.
Services During Construction. Services during construction not include in Section "D" above.
Additional funding. Preparation of applications and supporting documents for private or
governmental assessments and impact statements; review and evaluation of the effect on
the design requirements of the project of any such statements or documents prepared by
others; and assistance in obtaining approvals of authorities having jurisdiction over the
anticipated environmental impact of the project.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Cubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Architectural Services
Municipal Service Center Reception Renovations Project origin
December 9,2022
Page 4 of 8
design`
Significant scope changes. Services resulting from significant changes in the general scope,
extent or character of the project or its design including, but not limited to, changes in size,
complexity, Owner's schedule, character of construction or method of financing; and revising
previously accepted studies, reports, design documents or contract documents when such
revisions are required by changes in laws, rules, regulations, ordinances, codes or orders
enacted subsequent to the preparation of such studies, reports or documents, or are due to
any other causes beyond Architect's control.
Alternate bids. Preparing documents for alternate bids as required by the Owner, unless
suggested by Architect.
Investigations and studies. Investigations and studies involving, but not limited to, detailed
consideration of operations, maintenance and overhead expenses; providing value
Architecting during the course of design; the preparation of feasibility studies, cash flow and
economic evaluations, rate schedules and appraisals; and assistance in obtaining financing
for the project.
Services resulting in out-of-town travel. Services necessitated by out-of-town travel required
of the Architect other than visits to the project site or the offices of the Owner.
Assistance with bid protests, rebidding or renegotiating. Assistance in connection with bid
protests, rebidding or renegotiating (subsequent to any initial negotiation at the time of
contract award) contracts for construction, materials, or services.
Providing any property surveys. Providing any type of land/property surveys, research,
preparation of plats and descriptions or related services needed for the transfer of interests in
real property and acquiring easements.
Providing As-Builts. Preparing complete electronic documents developed from changes to
the project during any phase of the project.
Serve as a professional witness. Preparing to serve or serving as a consultant or witness for
Owner in any litigation, arbitration, condemnation, or other legal or administrative
proceedings involving the project.
Additional services resulting from the project involving different building trades or separate
equipment contracts.
Preparation of operating, maintenance and staffing manuals.
Resubmittal of applications and data and documents required by regulatory agencies for
site approval and permits.
Compensation
Origin Design proposes to complete the Scope of Professional Services as follows:
Municipal Services Center Reception Renovations
Preliminary Design. Compensation for Preliminary Design shall be billed hourly with a "Not to
Exceed" maximum amount of $8,982.00 (Eight Thousand Nine Hundred Eighty -Two Dollars
and Zero Cents). Periodic invoicing shall coincide with actual work completed.
1. Architectural Design Portion of Fee: $6,251.00
2. Engineering Design Portion of Fee: $2,731.00
Final Design. Compensation for Final Design shall be billed hourly with a "Not to Exceed"
maximum amount of $14,970.00 (Fourteen Thousand Nine Hundred Seventy Dollars and Zero
Cents). Periodic invoicing shall coincide with actual work completed.
1. Architectural Design Portion of Fee: $10,867.00
2. Engineering Design Portion of Fee: $4,103.00
DUBUQUE OFFICE
origindesign.com
137 Main Street, Ste. 100
Dubuque, Iowa 52N1 800 556-4491
Agreement for Architectural Services
Municipal Service Center Reception Renovations Project origin
December 9,2022
Page 5 of 8
design`
Bidding and Contract Award. Compensation for Bidding and Contract Award shall be billed
hourly with a "Not to Exceed" maximum amount of $1,497.00 (One Thousand Four Hundred
Ninety -Seven Dollars and Zero Cents). Periodic invoicing shall coincide with actual work
completed.
1. Architectural Design Portion of Fee: $1,037.00
2. Engineering Design Portion of Fee: $460.00
Services During Construction. Compensation for Services During Construction shall be billed
hourly with a "Not to Exceed" maximum amount of $4,491.00 (Four Thousand Four Hundred
Ninety -One Dollars and Zero Cents). Periodic invoicing shall coincide with actual work
completed.
1. Architectural Design Portion of Fee: $2,667.50
2. Engineering Design Portion of Fee: $1,823.50
Project Schedule
It is anticipated that this project will be designed during the winter of 2022/2023 with construction to
take place in the spring/summer of 2023.
General Terms and Conditions
The attached General Terms and Conditions are a part of this Proposal. This proposal is valid for 30
days from the date it was issued. If the services and fees defined in this proposal are acceptable,
please return one signed copy to our office. If you have any questions, or require further assistance,
please feel free to contact me at mike.ruden@origindesign.com or our office at 563 556-2464.
Thank you for the opportunity to submit this Proposal for Professional Services.
Let's work on tomorrow. Together.
Sincerely,
Origin Design Co.
r
Mark Fassbinder, AIA, LEED AP
Mike A. Ruden, AIA, NCARB, LEED AP
Senior Designer Vice President & Director of Architectural
Operations
ATTACHMENTS: Schedule of Professional Fee Rates
Schedule J - City of Dubuque Insurance Requirements
I hereby accept this Proposal and General Terms and Conditions and authorize this work.
FOR: City of Dubuque, Iowa
Autho ized Signature
Michael C. Van Milligen
Typed or Printed Name
DUBUQUE OFFICE
137 Main Street, Ste. 10)
Dubuque, Iowa 52N1
12/13/2022
Date
origindesign.com
800 556-4491
Agreement for Architectural Services
Municipal Service Center Reception Renovations Project origin
December 9,2022
Page 6 of 8
design`
General Terms and Conditions
The following General Terms and Conditions shall apply to the attached Agreement for Professional
Services between Origin Design Co., herein referred to as the Architect, and the Owner identified in
the attached Agreement.
General Terms and Conditions
For City of Dubuque Agreements
The Owner 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 Architect under terms mutually agreed upon by the Owner and the
Architect may provide these services.
For the scope of services agreed upon, the Owner agrees to pay the Architect the compensation as
stated. Invoices for the Architect's services shall be submitted, at the Architect'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 Owner shall pay all costs of collection, including reasonable
attorney's fees.
The Architect shall secure and maintain professional liability insurance, commercial general liability
insurance, and automobile liability insurance to protect the Architect from claims for negligence,
bodily injury, death, or property damage which may arise out of the performance of the Architect's
services under this Agreement, and from claims under the Worker's Compensation Acts. The Architect
shall, if requested in writing, issue a certificate confirming such insurance to the Owner. Architect 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 Owner and the Architect 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 Owner and Architect, they shall be borne by each party in proportion to its negligence.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Cubuque, Iowa 52001
origindesign
800 556-4491
Agreement for Architectural Services
Municipal Service Center Reception Renovations Project origin,
December 9,2022Page 7 of 8design
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 Owner and Architect 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 Architect'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 Architect.
Copies of documents that may be relied upon by the Owner are limited to the printed copies (also
known as hard copies) that are signed or sealed by the Architect. Files in electronic media format or
text, data, graphic, or of other types that are furnished by the Architect to the Owner are only for
convenience of the Owner. 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
Architect 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 Architect 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 Architect, it is understood that
the Contractor, not the Architect, its agents, employees, or sub -consultants, is responsible for the
construction of the project, and that the Architect 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.
DUBUQUE OFFICE
origindesign.com
137 Main Street, Ste. 100
Cubuque, Iowa 52001 800 556-4491
Agreement for Architectural Services
Municipal Service Center Reception Renovations Project origin
December 9,2022
Page 8 of 8
design`
When included in the Architect's scope of services, opinions of probable construction cost are
prepared on the basis of the Architect's experience and qualifications and represent the Architect's
judgment as a professional generally familiar with the industry. However, since the Architect 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 Architect cannot
and does not guarantee that proposals, bids, or actual construction cost will not vary from the
Architect's opinions of probable construction cost.
The Owner and the Architect each binds himself or herself, 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 Owner nor the Architect 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 Architect from employing such independent Architects, associates, and sub -contractors,
as he or she may deem appropriate to assist in the performance of services hereunder.
It is acknowledged by both parties that the Architect'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 Owner acknowledges that the Architect is performing professional services for the
Owner and the Architect 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 Owner may terminate this Agreement with seven days (7) prior written notice to the Architect for
convenience or cause. The Architect may terminate this Agreement for cause with seven (7) days prior
written notice to the Owner. The Owner is obligated to pay for all services rendered up to the date the
Architect receives the written notice of intent to terminate. Failure of the Owner to make payments
when due shall be cause for suspension of services or ultimately termination, unless and until the
Architect 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
Cubuque, Iowa 52001
origindesign
800 556-4491
origin
des i g
Schedule of Professional Fee Rates
January 2022 through December 2022
Hourly
Hourly
Staff Type
Rate
Staff Type - Modus
Rate
Professional Engineer IV
$210.00
Principal (Project Manager)
$200.00
Professional Engineer I
$161.00
Licensed Architect V
$231.00
Licensed Architect IV
$206.00
Licensed Architect I
$143.00
Designer III
$127.00
Designer II
$111.00
Engineering Designer III
$147.00
Engineering II (Lead Engineer)
$135.00
Engineering I (Production
$115.00
Engineer)
Design Tech III
$116.00
Design Tech II
$100.00
Design Tech 1
$86.00
Project Support Specialist III $114.00
Admin. Assistant $75.00 Admin. Assistant - Modus $60.00
These hourly rates include miscellaneous expenses such as printing, telephone, postage,
mileage, computer expenses, and supplies. These costs will not be invoiced as reimbursable
expenses without prior authorization.
OUBUQUE OFFICE
origindesign.corn
137 Main Street, Ste. 100
Dubuque, Iowa 52001 800 556-4491
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J
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. Eg: Project # or Project
Location at or construction of
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 $1,000,000
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 $1,000,000
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
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule J Professional Services April 2021