Signed Contract_Bolton & Menck, Inc. for the Central Avenue and White Street Corridor Traffic Study Copyrighted
April 15, 2024
City of Dubuque Consent Items # 022.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUMMARY: Bolton & Menk, Inc. forthe CentralAvenue and White Street Corridor
Traffic Study; J&R Supply, Inc. forthe Ring & Lids - Metal Supply.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Central Avenue and White Street Corridor Traffic Supporting Documentation
Study
Ring & Lids- Metal Supply Supporting Documentation
PROFESSlONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
BOLTON & MENK, INC.
This Agreement, dated for reference purposes the 4th day of April, 2024, by and
between City of Dubuque, 50 W. '�3t''Street, Dubuque, IA 52001 (Client}, ancE Bolton &
Menk, Inc., 430 E. Grand Avenue Suite 101, Cedar Rapids lowa 50309 (Consultant).
WITNESSETH:
WHEREAS, Client requires professional servic�s in canjunction with the Central
Avenue and White Street Corridor Traffc Study (the Project); and
WHEREAS, Consultant agrees to furnish the �arious professional services
required by Client.
NOW, THEREFOR�, in consideration of the mutual covenants and promises
betw�en the parties hereto, it is agreed�
SECTION 1. CONSULTANT'S SERVICES.
1 .1 Consultant agrees to perForm the �arious Basic Services in connection with the
proposed project as described in Exhibit A.
1 .2 Upon mutual agreemen� of the parties, Addikional Services may be authorized as
described in Section 4.2 and this Agreement will be re�ised accordingly.
1 .3 The Basic Services and the Additional Ser�ices are referred to callectively as the
Services.
SECTION 2. THE CLIENT'S RESPONS�BILITIES.
2.1 Client shafl promptly campensate Consultant in accordance with Section 3 o�this
Agreement.
2.2 Client shall place any and a11 p�eviausly acquired information related to the Prflject
in its custody at the disposal of Consultant far its use. Such information shall include,
but not limited to boundary surveys, topographic surveys, preliminary sketch plan
layouts, building plans, soil surveys, abstracts, deed descriptior�s, tile maps and layouts,
aerial photos, utiiity agreements, enviranmental reviews, and zoning limitations.
Consultant may rely upan the accuracy and sufficiency af all such informat�on in
performing the Services unless otherwise instructed, in writing, by Client.
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2.3 Ciient wi11 guarantee access to and make all �rovisions for entry upan public
portions of the Project and reasonable efFar�s to provide access to private portions and
per�inent adjoining praperties.
2.4 Client wiil give prompt notice to Consultant whenever Cli�nt observes orotherwise
becomes aware of any d�fect �n the proposed Praject,
2.5 Client shall designate a liaison persan to act as Client's representati�e with respect
to Servic�s to be rendered under this Agreement. Said representative shall hav� the
authority to transmit instructions, receive ins#ructions, receive ir�formation, interpret, and
define Client's policies with respect to the project and Consultant's Services,
2.� Consultant's Ser�ices do nat include legal, insurance counseling, accounting,
independent cost estimating, financial ad�isory or "municipal ad�isar" (as described in
Section 975 af the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010
and the municipal ad�isor r�gistration rules issued by the SEC) professional services
and Client shall pravide such services as may be required for completian of the Project
described in this Agreement.
2.7 Client will obtain any and all regulatory permits required for the pro}�er and legal
execution af ti�e Project. Consultant will assist Client with permit prepar'ation and
documentation to the extent described in Exh�bit A.
2.8 Client may hire, at its discretion, when requested by Consultant, an independent test
company to pe�Form laboratory and material testing services, and soif in��stigatior� that
can be}ustified for the proper design and construction of the Project. Cansultant shali
assist Client �n selecting a testing company. Payment fior testing services shal[ be made
d�rectly to the testin� company by Client and is nat part of this Agreement. If Client
elects not to hfr� an independent test company, Client sYtall pro�ide Cor�sujtant with
guidance and direction on completing those aspects of design and construction that
reqUire additional testing data,
SECTION 3. COMPENSATION FOR SERVICES.
3.1 �ees.
A. Client will compensate Consultant in accordance with th� attacF�ed Exhibit B
Schedule of Fees (Schedule of Fees} for ti�e time spent in performance of
Agreement Services. Total cost of Basic Ser�ices shall not exce�d Three
H+�ndred Forty-One Thausancf and Five Hundr�d Dollars {$341,500.00)
without the prior written consent af Client.
B. Additional Services as outlined �n Section �.2 and 4.2 will vary depending
upon Project condifions and will be billed in addition to the Not-to-Exceed Fee
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on an i�aurly basis at the rates described in Exhibit B or as that Exhibit may
subsequently be adjusted as described below.
C. The attached Schedufe of Fees s�all apply for Services pro�ided through_
December 31, 2024. Hourly rates may be adjusted by Consultant on an
a�nual basis and upon written notice to Client, thereafter ta reflect reasonable
changes in its operating costs. Adjusted rates will become effective on
January 1 st of eacf� subsaquent year.
D, Rates and charges do not include sales tax. If such tax�s are imposed and
become applicable after the date of this Agreement, Client agrees to pay any
appl�cable sales taxes,
E. The rates in the Sched�le of Fees include labor, general business and other
normal and custamary expenses associated with aperating a professional
business. Unless otherwise agreed in writing, the fees and rates include
vehicle and persona! expenses, mileage, telephone, survey stakes and
roUtine expendable supplies; ar�d no separate charges will be made for these
activities and materials. '
F. Reimbursable Direct Expenses: Except for those exQenses
identified in Section 3.1 .E, any expenses required ta comp[ete t1�e agreed
scape of Services ar identified in �his section will be listed separately an the
invoice, and include but are not limited to large quantities of prints, extra
report capies, out-sourced graphics and photographic reproduc#ions
document recording faes, specia� #ield and traffic control equipment rental,
autside professionaf and technical assistance, geotechnical ser�ices, and
oth�r it�ms af this general nature required by Consultant to #ulfill the t�rms of
this Agreement. Consultanf shall be reimbursed at cost plus an o�erhea� fee
(not-to-exceed 10%} for these Direct Expenses incurred in the p�rFormance of
the Services, subject to any limit set forth in Section 3.1.A. S
3.2 Payments and Records.
A. The payment to Consultant will be made by Client upon billing at intervals not
more often than monthly at the herein rates and terms.
B. If Client fails to make any payment due Consultant for undisputed Services
and expenses within forty-five (45) days after date of Consultant's invoice, a
service charge af one and ane-half percent (1.5%) per month or the maximum
rate permitfed by law, whfche�er is less, will be charged Qn any unpaid
balance.
C. In addition to tf�e service charges described in precedir�g sections, if Clienf
fai�s to ma�� payment for undisputed services and expenses with�n sixty (60)
days after the date of the in�oice, Consultant may, upon giving seven days'
v+rritt�n notice to Client, suspend ser�ices and withhold prajectdeliverables
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due under this Agreement until Consu�tant has been paid in full for all past
due amounts for undisputed Services, expenses and charges, without waiving
any claim or r�ght against Client and without incurring liability whatsoever to
Client.
D. Documents Retention. Consultant will maintain records that reflect all revenues,
costs incurred, and Services provided in the performance of the Agreement.
Client or its duly authorized representatives may at any time during normal
business hours and as often as reasonably necessary, ha�e access to and the
right to examine, audit, excerpt, and transcribe any boaks, documents, papers,
records, etc., ar�d accaunting procedures and practices of Consultant which are
relevant ta the contract for a period of six {6)years.
SECTIQN 4. GENERAL.
4.1 Standard of Care. Professional Services pro�ided ur�der this Agreement will be
conducted in a manr�er consistent with that I�vel of care and skifl ordinarily exercised by
members of Consultan#'s profession currently practicing under similar cond�tions. No
warranty, express or impfied, is made.
4.2 Change ir� Project Sco�e. Ir� the event Client changes or is required to change the
scope or duration of the Project from that described in Exhibit A, and such changes
require Additional Services by Consultant, Consultant sha{1 be entitled to additional
compensation at the applicable hourly rates. �xcepf for Additional Services required to
address emergencies or acts of God that impact the Project {Emergency Services),
Consultant shall gi�e written notice to Client o#any Additional Services prior to
furnishing such Additiona! Services and an estimate of additional costs of the changed
scope of work, and Consultant will only furnish such Additional Services upon approval
of Client No such prior notice ar approval sf�all be required for Emergency S�rvices,
pro�ided, however that Consultant shall noti�y Client regarding the scope of such
Emergency Services and the cost thereof as soon as practicable.
4.3 Limitatior� of Liabilitv.
A. General Liabilify of Consultant. For liabi�ity other than professional acts, errors,
or omissions, an� ta the fullest extent �ermitted by law, Consuftant shall
indemnify, defend and hold harmless Client, its officers and employees fram
losses, damages, and judgments (including reasonable attorneys' fees and
expenses of 1it�gation) arising from claims or actions relating to the Project,
pro�ided that any such claim, action, loss, damages, ar judgment is attributable
to bodily injury, sickness, disease, or deatf�, or ta injury to or destructian of
tang�ble property, but oniy to the extent caused by the negligent acts and
omissions in the non-professiona! services of Consul�ant or Consul#ant's
emplayees, agents, or subcansuftants,
B. Professional L�abilitv af Cansultant. W�th res�ect to professiona! acts, errors
and omissians and to the fullest extent permitted by law, Consultant shall
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indemnify and hoid harmless Client, its officers and employees fram losses,
damages, and judgmer�ts (including reasonable attarneys' fees and expenses
of litigation) arising from third-party ciaims or actions relating to the Project,
provided that any such claim, action, loss, damages, or judgment is attributai�le
to bodily injury, sickr�ess, disease, or deatl�, or to injury to or destruction of
tangible property, but only ta the extent caused by a negligent act, errar or
omission o#Consultant ar Consultant's employees, agents, or subconsultants.
This indemnification sha�l include reimbursement of Glient's reasonable
attorneys' fees and expenses of litigation, but only to the extent that defense is
insurable under Consultan#'s liability insurance policies.
C. General Liability of Client. Ta the fullest extent permitted by law, Client shall
ind�mnify, defend and hald harmless Cons�ltant from losses, damages, and
judgments (including reasonable attorneys' fees and expenses of litigatian)
arising from third-parky claims or actions r�lating to the Project, pro�ided that
any such claim, actian, lass, damages, ar judgment is attributable ta bodily
injury, sickness, disease, or death, or to injury to or destruction of tangible
property, but only to the extent caused by tl�e negligent acts or omission of
Client or Client's employees, agents, or other consultants.
D. Nathing contained in this Agreement shall create a contractual relationsh�p with
or a cause of action in fa�or of a third party against either Client or Consultant.
Cansultant's services uncler this Agreement are being performed solely for the
Client's benefit, and no other e�tity shall ha�e any claim against Consultant
because of this Agreement or the performance ar nonperformance of services
pro�ided hereund�r.
E. To the fullest extent perm�tted by law, Cli�nt and Consultant waive against each
ofher, and the ofher's employees, officers, directors, members, agents,
insurers, partners, and cansultants, any and all claims for or entitlement to
unforeseea�le special, incidental, indirect, or consequentiai damages arising
out of, resulting fra�n, or in any way related ta breach of this Agreement.
F. Client wai�es all negligence claims against indi�iduals in�oived in the services
provided by Consuftant under this Agreement and agrees that any negligence
claim, demand, or suit shall be directedlasserted only against the Cansultant's
corporate entity.
4.4 lnsurance.
A. Consultant agrees to maintain at Consultant's expense at all times during the
performance of this Agreement insurance as described in the attached Insurance
Schedule.
4.5 Oqinions or Estimates of Construc�ion Cost. Where pro�ided by Consultant as
part of Exh9bit A or otherwise, opinions or estimates of construction cost will generally
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be based upor� public construction cost informat�on. Since Consultant has no control
aver the cost of labor, materials, competitive bidding process, weather conditions and
other factors affecting tl�e cost of construction, ail cost estimates are apinions far
general in#ormation of Client and Consultant does not warrant or guarantee tl�e
accuracy of construction cost opinions or estimates. Client acknawledges that casts for
project financing should be based �pon contracted construction costs with appropriate
contingencies.
4.� Construction Ser�ices. It is agreed that Consultant and its representatives shall not
at any time supervise, direct, cantrol, ar have autharity o�er any contractor's work, nar
shail Consultant have autharity o�er or be responsible for the means, methods,
techniques, sequences, ar pracedures of constructian selected ar used by any
contractor, or the safety precautions and programs incident thereto, for security or
safety at any Project site, nor for any failure ofi a cantractor to compiy with Laws and
Regulations appCicable to that contractar's furnishing and perfarming of its work.
Consultant s�all not be responsible far the acts ar omissions of any contractor, Client
acknowledges that on-site contractor(s) are solefy responsible for cor�struction site
safety programs and their enforcement.
4.7 Use af ElectroniclDiaital Data.
A. Because af the potential instability of electronicldigital data and st�sceptibility to
unauthorized changes, copies of documents that may be refied upon by Client
are Vimited to the printed copies (also known as hard copies) that are signed ar
sealed by Consultant. �xcept for electronic/digital data which is specifically
identified as a project deliverable for this Agreement or except as atherwise
explicitly provided in this Agreement, all electronicldigital data de�eloped by
Consultant as part of the Project is acknowledged to be an internal working
dacument far Gonsultant's purposes solely and any such information pro�ided
to Client shall be on an "as is" basis strictly for the convenience of Client
without any warrarttias of any kind, As such, Client is a�vised and
acknowledges that Use af such informatian may require substantial modification
and independent �erificatian by Client (or its designees).
B. Provision of electronicldigital data, whether required by this Agreement or
provided as a convenience to the Client, �oes not include any license of
software or ather systems necessary to read, use or reprod�ce tl�e information,
It is tf�e responsibility ofi Client to verify corrtpatibility with its system and long-
fierm stabiE�ty of inedia. Client shall indemnify and hold harmless Consuktant and
its Subconsultants frarn all claims, damages, fosses, and expenses, including
attarneys' fees arising out of or resulting fram third party use or any adaptation
or distribution of electronicldigital data provided under this Agreement, unless
such third-party use and adaptatian or distribution is explicitly authorized by this
Agreement.
4.8 Reuse of Documents.
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A. Drawings and Specifications and all other documents (including electronic and
digital versions of any documents) prepared or furnisi�ed by Consultant
pursuant to this Agreement are ir�struments of service in respect to the Project
an� Consultant shall retain an ownership interest therein. Upan payment af all
fees owed to Consultant, Client shall acquire a limited license in al1 identified
deli�erables (incl�ding Reports, Plans and Specificatians} for any reasonable
use relative ta the Project and the general operations of Client. Such �imited
license ta Client shall not create any rights in third parties.
B. Client may make and disseminate copies for information and reference in
connection with the use and maintenance of the Project by Client. However,
such documents are not intendec! or represented to be suitable for reuse by
Client or others on extensions of the Project or on any other project. Any reuse
by Client ar, any other errtity acting under the request or direction of Client,
withaut written �erification or adaptat�on by Cansultant far such reuse will be at
Client's sole risk and without liability or legal exposure to Consultant and Clier�t
shall indemnifiy and hold harmless Cansultant from all claims, damages, fosses
and exp�nses including attarn�y's fees arising out of or resulting from such
reuse.
�.9 Confidentiality. Consultan# agrees to keep confidential and not to disclose to any
person or entity, o�her than Consulfant's employees and subconsultants any infarmation
obtained from Client not previot�sly in ti�e public domair� or not atherwise previously
known ta or generated by Consultant. These pro�isions shall not app�y to information in
whatever form that comes inta the public domain through no fault of Consultant; or is
furnished to Consultant by a third parky who is und�r no obligation ta keep such
information conFdential; or is information fior whicl� the Consultant is requ9red to provide
by iaw ar authority with proper jurisdiction; or is information upon which the Consultant
must rely for defense of any claim or legal act.
4.10 Period of Aqreement. This Agreement will remain in effect for the longer of a period
of two (2) years or �ntil such other expressly identified completion da#e, after which time
the Agreement may be extended upan mutual agreement o#the parties.
4.� 1 Hazardous Materials.
A. Except as expressly stated in Exhibit A, the parties ackriowledge that
Cansultant's Services do n�t ir�clude any services re�ated ta CQnstituents of
Concern. If Consultant or any other party encour�ters, u�ca�ers, or revea[s a
Constituent of Concern at the Pro�ect site or should it become known in any
way that such materials may be present at the site �r any adjacent areas that
may affect the performance af the Consultant's Services, then Cons�itant may,
at its aption and without liability for consequential or any ather damages: 1}
suspend performance of Services on the portiorr of the Project affected thereby
until Client retains appropriate specialist cansultant(s) or contractor(s)to
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icfentify, abate andlar remove such mat�rials, and warrant that the site is in full
complianc� with applicable �aws and regulations; or, 2) terminate this
Agreement for cause if it is nat practical to continue providing Services.
1. Constituent of Concern is defined as asbestos, p�traleum, radioactive
material, polychlorinated bipl�enyls (PCBs}, lead based paint {as defined
by the HUDIEPA standard), hazardous waste, and any substance,
prodUct, waste, or other material of any nature whatsoever that is or
becomes listed, regulate�, or addressed pursuant to laws and regu�ations
regulating, relating to, or imposing liability or standards of conduct
concerning, any hazardous, toxic, or dangerous waste, s�bstance, or
r�aterial.
4.12 Termination.
A. For Cause: This Agreemen� may be terminated by either par�y upon seven (7)
days written nofice deli�ered to the other party in the event of substantial failure
by other party to perform in accordance with the �erms of this Agreement
through no faul# of the terminating party.
1. Far t�rmination by Consultant, Cause inciudes, but is not limited to, failure
by C�ient to pay undisputed amounts owed to Consultant wit4�in one
hundred and twenty (120} days af in�oice and delay or susp�nsion of
Consultant's Services for mare than one hundr�d and twenty {120) days
for reasar�s beyond Consultant's cause ar control.
2. Notwithstanding the foregaing and with consent o#terminating party, this
Agreement will not terminate under Section 4.10 if the party receiving such
notice immediately commences carrection of any substantial failure and
cUres the same within ten (10) days of receipt of the natice.
B. For Conver�ience: This Agreement may be terminated for convenience by
Clie�t with or without cause upon seven (7) days written notice delivered to
Consultant.
C. In the event of termination by Client for con�enience ar by Consultant for
cause, Client shall be obligated to Consultant for payment of arnounts due and
owing including payment for Services performed or furnished ta the date and
time of termination, computed in accordance with Section 3 of this Agreement.
Upon receipt af payment, Consuitanfi shall deliver, and Client shall have, at its
sole risk, right af use of any completed or partially completed deli�erables,
subject to pro�isions of Section 4.8.
D. fn e�ent of termination by Client for cause, Cfient shall compensate Consultant
for a11 undisputed amounts owed Consultant as of date of termination and, upon
receipt of�ayment, Consultant shall deiiver to Cfient and Client shafl have, at
its sole risk, right of use of any completed or partially completed deli�erables,
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subject to the provisions af Section 4.8. All ather matters will be resolved in
accardance with the Dis�ute Resolution clause of th�s Agreement.
4.13 lndependent Contractar.
Nathing in this Agreement is intended or should be construed in any manner as
creating or establishing the relat�onsl�ip af co-partners between the parties hereto
or as constituting Consultant or any af �ts emplayees as the agent, representative,
or employee of Client for any purpose or in any manner whatsoever. Consultant is
to be and shafl remain an independent contractor with respect to all Services
perFormed under this Agreement.
4.14 Continqent F�e.
Consultant warrants that it has not ernployed or retained any company or person,
other than a bona fide emplayee working solely for Consultant to soficit or secure
this Agreement, and that it has not paid or agreed to pay any company or person,
ather than a �ona fide employee, any fee, commission, percentage, i�rokerage fe�,
gift, or any other consideration, contingent upon ar resulting from award or making
of this Agreement.
4.15 Non-D�scrimination.
The pro�isions of any applicable law or ordinance relating to civil rights and
discrimination shall be considered part of this Agreemer�t as if fully set forth herein.
The Consultant is an Equal Qpportunity Employer, and it is the policy af
Consultant that all emplayees, persons seeking employment, subcontractors,
subconsultants and vendors are treated without regard to their race, religionlcreed,
sex, colar, national origin, mentallphysical cfisability, age, sexual orientation,
gender identity, marital status, familial status, p�blic assistance status or any other
characteristic protected by federal, state or local law.
4.16 Assignment.
Neither party shall assign ar transfer any interest in this Agreement wi�hout the
prior written consent of the oti�er party.
4.17 Survi�al.
All oi�ligations, representatians and provEsions made in or given in Section 4 and
Documents Retention clause of this Agreement will survi�e the completion of all
Services of the Consultant under this Agreement or the termination af this
Agreement for any reason.
4,18 Se�erability.
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Any pro�ision or part of tha Agreement held to be void ar unenforceable under any
law or regulation shall be deemed s�ricken, and alf remaining pro�isions shalk
cantinue to be valid and binding upor� Client and Consultant, who agree that the
Agreement shall be reformed to replace such stricken provision ar part thereof with
a valid and enforceable provisian that comes as clase as possibfe to expressing
the intention of tf�e stricken provision.
4.19 Contralling Lavu.
This Agreement is to be governed by #he law of the State of lowa. Venue shall be
exclusiveiy in the lowa District Court for Dubuque County, lowa.
4.20 Dispute Resolution.
Clier�t and Consultant agree to negotiate all disputes between them in good faith
for a periad of thirty (30} days frarn t�e date of notice of dispute �rior to proceeding
to formal dispute resolut9on or exercising their rights under law. Any claims or
disputes unresol�ad after good faith negotiations shall then be submitted to
nonbinding mediatior� using a neutral from the American Arbitration Association
Construction Industry roster. If inediation is unsuccessful in resolving the dispute,
then either party may seek to ha�e the dispute resofved by bringing an action in
the lowa District Court for Dubuqua County, lowa.
SECTION 5. SIGNATURES.
This Agreement embodies the whole agreement af the parties, there being no promises,
terms, conditions, or ob4igation referring to the sub}ect matter other than con�ain�d
herein. This Agreement may or�ly be amended, supplemented, modified, or canceled
by a duly executed written agreement signed by both parties.
IN WITNESS WHE�tEOF, the parties hereta have caused this Agreement to be
executed in their behalf.
CITY OF DUBUQUE, IA BOLTON & MENK, INC.
CLIENT CONSULTANT
`��. �
Si nature Signature
Mike Van Milligen, City Manaqer Casev Bvers, PLA
Prin#ed Name Printed Name
04/08/2024 April 4, 2024
Date Date
08052022ba1 Page 10 af 29
Address for giving notice: Address for giving notice:
50 W. 13tn Str�et 4011 st Street SE
Dubuque, IA 5200� Suite 2Q1
Cedar Rapids, lowa 524�01
C[ient's Representati�e with authority for
ordering engineering services and
transmitting instructians:
Justine Huil, Traffic Engineer
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Attachments:
Exhibit A Basic Services (scope and deli�erabl� dacuments)
Exhibit B Schedule of Fees (hourly rates table)
Ins�trance Schedule
(Rema9r�der of this page intentionally left blank)
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EXHIBIT A
Basic Ser�ices
TASK 1. PROJECT MANAGEMENT, COORDINATION, AND PUBLIC ENGAGEMENT
SUBTASK 1.1 — PROJECT MANAGEMENT
A. Monitoring Project Schedule
Bolton & Menk wifl submit monthly project status t�at include schedule
t�pdates, autlining the following activities during fl�e reporting period: activities
completed during the prior month, acti�ities planned for the following manth,
problerr�s encountered and recommended solutions, and averall project
status, If design work is not progressing �n a manner ta cornply with the
anticipated completion date, Bolton & Menk wijl provide a brief summary of the
actions ta be taken to reduce or eliminate any delays in completing the design
in accordance with the agreed upan schedule. The monthly update wi11 incfude
a list of requested infarmation from the city with a desired respanse date noted
to avoid �elay af the project schedule.
B. Mon�toring Praject Scope
Bolton & Menk will inform the city of any additional services reqUested by the
city that were not includecf in the scope of services cantract a�proved �y the
city for this project. It shall be the responsibijity of Bolton & Menk to inform �he
city of any potential amendments to the contract before the services are
rendered in accordance with the Agreement.
C. In�oice Process�ng and Re�iew
Bolton & Menk will create, review and process invoices, not more than on a
month[y basis, verifying they meet city payment requirements and verifying all
necessary information required for payment is included. Services provided as
pa�t of this task shall include all other general project administration necessary
to complete the project.
SUBTASK 1.2 - CITY CO�RDINATION
A, Bolton & Menk will ha�e ongoing discussions and regularly scheduled check-in
meetings with city staff to keep the project on track, including up to four total project
manageme�t team (PMT} meetings consisting of key staff chosen by city staff
representing engineering, economic de�elopment, planning, parking, transit, and
communication, along with consultant team members. Two meetings will be held in
person and two meetings will be held �irtually.
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Potential Aaendas
a. 15t ta 4cick ofF the project, �isioning, gaals.
b. 2"d to discuss �xisting canditions, review and brainstarm alternatives befor�
the 1 St council work session and the firsf set of pop-ups.
c. 3rd to present the preferred alternative and the draft repork before 2"d council
wark session and plan the oQen house.
d. 4th to discuss implementation, phasing, funding, and �ublic hearing results
befare finalizing repork.
SUBTASK 1.2 — PUBLIC ENGAGEMENT
Public er�gagement and autreach will occur at different paints throughout the study and
will be used to gather input and shape the proposed plan strateg9es an� implemerttation
phasing. The outreach will consist of the following:
A. Communication Plan
a. De�eiap a communication plan wfth the city's Office of Comrnunicatians
outlining the public outreach strategy#or the projact and the project schedule.
i. The cammun�cation plan will identify steering committee members,
Busi�ess and Resident focus group members, the timelin� of ineetings
and ev�nts to gather input and share information with a wide audience
of res�dents, visitors, and stakeholders throughout the project.
b. Preparation of a Project Fact Sheet (#or Council, city staff, and the public}
B. Project Branding
a, Develop unique logo for all praject materials.
C. Project Website and Social Med9a
a. Utilize the c�ty's website, pro�ide written cantent for city to post on city's
website and social med�a pages.
b. Includes up to eight (8) posts ta website and soc�al media.
D. InputlD Comment Mapping
a. An interactive G1S based an-line map for public comments at specific
locations will be prepared and published for the study area ta gather
informa�ion and comments on existing conditions of the corridor.
b. Assumed that the city wili pro�ide a link to #his map on t�e city's website and
social media channels.
OS052022ba� Page 14 of 29
E. City Cauncil Coordination
a. Preparation of necessary maps, graphics, and exhibits far presentation.
�, Attend two (2} Council Work sessions.
c. Attend one (1} public hearing.
F. Stakeholder Steering Committee
a. Host three (3) meetings with specific praject stakeholders as chosen by tha
city to include potential representatives from businesses, resident groups,
and city departments.
b. Preparation of necessary maps, graphics, and exh�bits for presentation.
G. Business Owner and Resitient Focus Groups
a. Meetings with a smaller gro�p af selected residents and businesses, as
chosen by the city, will take place as part of this publ9c engagement task.
b. 1ncEud�s three (3) business owner graup meetings and two (2) resid�nt group
meetir�gs.
H. Doar Knocking
a. Boltan & Menk will �isit residences directly alang the Central Avenue and
White Street corridors in the project area at the beginning of the project to
present informatian and encourage atte€�dance at events and �isiting the
project website,
i. The goal is to achieve cor�nection to 70% of the residences directly
alang the corridor.
b. Assume city staff assistance from OfFice of Shared Prosperity &
Neighborhood SUppart or other city de�artments to assist with this effort to
cannect with residents.
I. Pop-Up E�ents
a. Plan and prepare materials for up to six (�} pop-up events where Bolton &
Menk will attend events in the community on or near the corridor.
i. The first set of pop-ups will take place for visionEng, gaal setting, and
gathering publ�c concems about the existing conditions of the carridar
and visions and goals for the fUture.
ii. The second set of pop-ups will be conducted after the concept
development to present the different roadway cancepts and gather
input from the public.
J. Public Survey
a. One (1) p�blic sur�ey will be prepared to gather publFc input and preferences
on the propased concepts.
08052022ba1 Page 15 of 29
b. Survey will be released to coincide with second set of pop-ups after concept
development.
K. Open House
a. One (1) public open house will be held after the preferredlrecommended
concept is confirmed. The following services will be pro�ided:
i. One {�} pre-planning meeting with PMT prior ta the pu�lic open house.
ii. Preparatian of necessary maps, graphics, and exhibits showing the
prapased impro�ements.
iii. Attendance at and �arkicipation in open house.
De4iverables: Engagement Summary Report
TASK 2. EXISTING CONDtT10NS REVIEWINEEDS ASSESSMENT
Boltan & Menk will comprehensi�ely e�aluate Centraf Avenue anc! White Street's current
conditions, b�ginning with data collection. Informat�on that provides a solid understanding of
the roo� cause of existir�g issues w�ll be collected that will be used as alternatives are
developed.
SUBTASK 2.i - C�UNTS
A. Bolton & Menk wi11 utilize camera faotage available from #he city or DMATS and
process the �ideo for 13-Hour turn mo�ement counts at up to 38 study
intersections. T1�is data will be supplemented by placing count cameras at
intersectians where camera footage is nat available or reliabie. The counts will
include standard vef�icles, pedestrianlbike crossings and heavy �ehicle counts,
B. StreetLight lnsight data will be gathered ta identify corridor �sers, travel patterns,
and travel time and spe�d data. This tool will pro�ide a more regional analysis to
understand who uses Central AvenuelWhite Str�et in downtown Du�uque. An
understanding of O-D trips tolfrom this area will help with the decisions of future
roadway chang�s ar�d prioritization of those improvements.
SUBTASK 2.2 - FIELD INVENTQRYIOBSERVATIONS
A. Our t�am wil! observe traffic and queuing between intersections during regular
peak hours. This informatian will be used �n calibrating the traffic model.
B. Bolton & Menk will collect information on functional classificatian and typology,
roadway geometrics, right-of�way, sight distance for drivewayslalleys, lane
widths and configurations, posted speed limits, signage, turn restrictions, turr�
lane storage lengtf�s, and existFng accesses.
08052022ba1 Page 16 of 29
C. Bolton & Menk will utilize the city's existing sidewalk and ramp GlS layer to
record infarmation about ADA ramps aiong the corridor. These ramps wilE be
categorized as presenf or absent. A visual assessment of ineeting ADA or not
meeting ADA wi{I also be conducted. Gaps in sidewalk infrastructure or pinch
points to the accessible p�destrian route along the sidewalk w�ll also be
gathered. Infarmation from this assessment will be pravided back to the city in a
GIS layer.
D. Boltan & Menk wil! utilize existing city GIS in�entorEes of bus stops, parking
m�t�rs, loading zones, and street light poles, and streef trees to walk the
corridors and add missing information that could be impacted by difFerent
alternati�es examined.
E. AI1�y entering/exits will be inv�ntoried and analyzed to ide�tify existing issues
and potential future issues with a potential conversion ta two-way traff�c.
F. Observatians of scF�ool arrival and dismissal at Prescott Elementary School will
be conducted to understand potential impacts to schoal arrivalldismissal times
with changes considered.
G. City to provide applicable GfS layers, camera footage at sfiudy intersections, and
existing traffic signal tirnings.
SUBTASK 2.3 -� ON-STREET PARKING AND CURBSIDE USE REV�EW
A. A comprehe�si�e assessment of on-street parkir�g usage will be performed to
know the impacts of this propased conversion to existing on-street parking and
laading zones.
i. Available on-street parking meter occupancy data from the city's Smart
Parking and Mobil9ty Plan wEll be used to understand existing on-street
parking usage,
ii. Parking garage and lot entranceslexits will be inventoried to assess
impacts on circulation in tl�ese parking facilities with any proposed
changes,
B. Loading zanes will be in�entoried for length and fype and added to the city's G15
parking meter layer.
C. Up to twel�e (12) load�ng zones along these two streets will be observed to nate
activity and usage far those loading zones specifically �mpacted by the difFerent
street cross-section alternativ�s explored.
08052022ba1 Page 17 0#29
SUBTASK 2.4— CRASH REVIEW
A. Cras� data from the lowa DOT Crash Ana�ysis Tool (ICAT) crash records for the
past five years will be r�viewed for each study intersection, focusing on cras�es
involving vulnerable road users (VLIJ).
B. D�taifs of any fatal and injury crashes wiH be documented and described. Crash
trends will be assessed to evaluate poter�tial geometric or safety-related
improvements.
C. Potenfial for Crash Reductio�r (PCR) levels from the lowa DOT will be
dacumented for the study intersec#ions. fmprovements for intersections with a
high patential for crasl� reductian will be identified.
SUBTASK 2.5 - MULTIMODAL TRENDS AND NEEDS
A. Larger system iss€�es will be assessed for safety and mobi[ity for multimodal
users and deficiencies identified within these corridors. infarmation coilected
during the mobility assessment conducted as part of the Smart Parking and
Mobility Plan that looked at the conditions af existing multimodal fac�lities
downtown wiil be referenced. Specific challenges to waiking and biking on these
corridors will �e ider�tified and the d�ficiencies noted.
B. The city's GIS and DMATS data for multimodal facilities will be layered in GIS
with the mobility ass�ssment infarmation to determine the averall a�ailability of
multimodal facilities within these corridors. Future plans for routes along the
corridors will be surnmarized as applicable.
SUBTASK 2.fr — MOBILfTY AND TECHN�LOGY REVIEW
A. Our team will examine the existing signalized intersections with a lens on
vulr�erable raad users to improve safety at these crossings. Different
technological o�tions to improve safety fo� pedestria�s and bicyclists will be
explored and added to the different alternatives.
SUBTASK 2.7 - REVIEW EXISTING AREA STUDIES, CITY, AND DEVELOPMENT
PLANS
A. Se�era� past planning, traffic study, and design efforts will be reviewed, and
con�ersations held with the city's Economic Development Department and
Planning Department about known and potantial development in the corridor and
planned improve�-nents. Discussions af planned roadway and engineering
planned projects within the corridor will also be held.
OSQ5202Zba1 Page 18 of 29
Deliverahles: Traffic counts, Streetlight Insight data, field review informa#ion, crash
analysis, multimodal needs, and mol�iiity teci�nology review to be used in existing
traffic analysis and summarized in final study repart.
TASK 3. EXISTING TRAFFIC ANALYSIS
A. Rev�ew counts anck Streetlight Ins�ght data to understand where pedes�rian
and bicycle activity is highest today along the carridor and how the existing
peak hour and da�ly vehicle traffic use these twa streets today.
B. Evaluate the existing safety, 2a24 capacityloperations, and parking utilization ta
show existing traffic operations, safety needs, and on-street parking activities.
C. Review existing traffic control preparing warrants for existing traffic signals.
D. Utilize Streetlight Insight dafa to ur�derstand current O-D patterns and freight
circulatian needs. Identify those critical freight routing intersections.
E. Prepare existing conditians VSSIM and SynchrolSimTraffic mot�els to document
existing traffic operations.
Deli�erables: Existing operations analysis results for final study report.
TASK 4. ALTERNATIVES ANALY5IS
T'he alternati�es analysis will seek to qUantify t1�e transportation impacts and answer critical
questions. The alternafives analysis process will establish an e�aluation matrix and analyze
cross-sect9an concepts.
A. The existing traffic operations and corridor needs will ser�e as a starting �oint for crass-
section alternati�es. Up to twelve (12) Cross sections total will be de�elaped in Beyond
Typicals for potential alterr�atives. Both one-way and twa-way a�erations wi[I be
explored in different combinations.
B. Proslcons of each alternati�e wil! �e analyzed using an e�aluation matrix. The
measures of efFectiveness wil! be determined in early conversations w�th the PMT and
#he stakeholder�ision�ng. These could incfude delaylLOS, queue length, travel-time
reliability, safety impact, mu[timodal beneft, parking impacts, and investment potential
(using the investment builder tool).
08052022ba1 Page 19 of 29
a. The PMT wil! review public input and priaritize the alternatives using the
evaluation matrix, eliminating technically unfeasible anes because they do not
meet the project vision or goals to select up to thr�e (3) main alternatives to be
analyzed in detail.
C. Up �o three {3) main aEternati�es will be analyzed. Altematives will be refined based on
intersection traffic control a�aluations and turn lar�e warrants, veh�cle speeds, safety
impacts, available right-of-way, ar�d projected multimodal uses.
D. VSSIM and SynchrolSimTrafFic models will be de�eloped for the study intersections for
the three alternatives to maximize the potential of both software packages fulEy.
i. SynchrolSimTraffic will be used for the traffic operations mod�l(s).
ii. VISSiM will be used to develop a higf�ly accurate projected travel time
with each alternative and streamline �isualizat�ans with real-time
information and results.
E. DMATS LRTP Tra�el Demand Model will be used for future year volumes (2045) �or the
one-way and two-way scenarios. Traffic forecasts provided to Bolton & Menk will be
balanced based on the NCHRP 765 methodology.
F. Safety analysis will be conducted to determine the future safety benefit using the
highway sa#ety manual methodologies, CMF Clearinghouse, and the lowa DOT CRF
List to evaluate difFerent treatments to address vehicle and pedestrian safety issues.
G. Parking utilization and loadir�g zone activity with the thrae (3) main afternatives will be
dacumented to understand impact.
Deliverabfes: Up to twelve (12) alternative cross-secEions in Beyond Typicals.
Operations analysis, future safety benefit, parking impac#s for the three main
alternatives to be included in summary report. An evafuation matrix wiil be prepared to
summarize the �roslcons.
TASK 5. CONCEPT DEVELOPMENT AND DESIGN
A. Roadway cross-sections created during aiternative de�elapment using Beyond
Typicals will be refined furtfi�e�- into a conceptual desigr� of the corridor for up to three
(3) main alternatives.
B. The concept design and develapment process wilf consider multimodal
improvements to the study corridors and traffic control considerations. Conceptual
0805202�ba1 Page 20 of 29
cEesigns will conform to the SUDAS Design Manual and city sp�cifications and
�etails.
C. Planning level cost estimates will be established for the three (3) main alternati�es.
TASK 6. PREFERRED ALTERNATIVE
A. The e�aluation matrix wi11 be refined to compare specific measures of
effectiveness for t1�e three {3) main alternati�es.
B. An assessment of the impact to existing signs, street trees, and light poles along
with the available urban design space with each alternative will be prepared to
summarize the �ifFerence between alternatives.
C. The evaluation matrix and comments recei�ed during pufi�lic engagement wilf be
reviewed by the PMT to determine the preferred alternative for Central A�enue
and White Street.
D. The preferred alternafive will be identified and presented to fhe city council,
stafceholder committee, and business owners. A public open house wi11 also be
held to present the �referred alternative.
E, Visualizations in �idea and renderings will be prepared to share with the public
regarding the preferred alternative.
TASK 7. URBAN DESIGN
A. Upon selection af the preferred alterr�ative, Bolton & Menk will develop supporting
and com�lementary urban design strategies that consider the relationship between
buildings infrastructure and open spaces. With the preferred alternative determined,
we will establ�sh a detailed appraach to creative placemaking and redevelopment.
This wilf include defining focations where pedestrian enhar�cement and amenities
can be located to support a conr�ected and human scaled public realm.
B. An analysis to define where redevelopment can incrementally transform the
character of the corridor will be conducted.
TASK 8. IMPLEMENTATION STRATEGIES AND FUNDING OPTIONS
A. Bolton & Menk wifl prepare a comprehensive impl�mentatian plan identifying
phasing options. Feasibility will be explored to determin� what needs to change and
when.
08052022ba1 Page 21 of 29
B. implementation s#rategies and potentia! phasing will be presented to the PMT
members.
Deliverables for Tas4cs 5-8: Three [3} alternative conceptuat design layauts, planning-
level cost estimates, preferred alternative selection, visualization of the preferred
alternative through oufreach video, urban design ideas (mobility, signage, lighting,
shared public spaces), and impiementationlphasing for preferred alternative for Central
A�enue and White Street.
TASK 9. REPORT
A. After extensive coordination, engagement, and �echnical analysis the final element
of this study is to �repare a summary report. The technical analysis and
engagement efforts wil! be summarized into a comprehensive, image-rich, and
plain-language report.
B. A draft reporE will be provided to the PMT. The PMT will meat b�fore fina{izing this
dacument upon rec�iving final public comments during the pui�fic hearing process.
Deliveral�les: Technical report summarizing the analysis results, conceptual design
layouts, planning-level cost estimates, preferred alternative canceptual design, and
implementationlp�asing plan
08052422ba1 Page 22 of 29
BUDGET:
� . � ____—_ __----- —----- ---- - ---- - � --�----�--��--------
--------- :
� �
! Task : Work Task Description � Total Hours `, Total
No. � Cost
I ;
.
.
I ....... .........l...... -- - ......-............................. ...............----- - --....._..-�--.. .. ._
- - - - - - - -- _.,_.
1.0 :Praject Management, Coordination, and Meetings ', 511 : $89,540
2.0 :Existing Canditians Re�iew/Assessment ', 185 ; $30,230
, . ------------ -------- ----- . .._. _ .. ... _ .. ,
3.0 �Existing Traffic Analysis 201 ; $27,373
..._.__. --�------------------------------ - --------- -- -- -- - -- - -------._-------------:-------�----�
4.0 :Alternati�es Analysis 282 ; $43,697
5.0 =Concept De�elopment and Design 3�.8 ~ $52,339
. - - ...................
6.Q ;Preferred Alternati�e 18� ; $31,771
7.0 :Urban Design Y 94 : $15,3$5
8.0 �Implementatian Plan 4fl ; $5,896
.......... >.... - - - -- - ................. ................................ ... . >- - ------ ----
9.D ;Repart 164 ', �24,2�7
-- ------- ------=---- ---- -------------------------- -- -------------- ----.._.._._.__�.___m�__ _
....................................................... _.._..._..__............_..... - -. ,
..... . . . ................... . .................... ............. .. .
Total Hours 1985
Total Fee �������_______.__.____._._ $320,458
Expenses
Count Processing $7,000
Streelight Insight Da#a $12,500
Outreach material and signage $1,542
• . '. � 1 1
0$052022ba1 Page 23 of 29
SCHEDULE:
ppifl May Jui2e July Augus[ Septe��iber Octo6er Noven�4er Decem�er
Pralecl M�nagemenl �_� ��� �,�_�I� � ��i� � ��i� � 7��._ .. , �� �__���_� ��.r�....�._�.... .'
_ _. .. r I . -- �-- - ..
�..._......,..
�ngagement - ---- I - .
� �_ ,
PMT .- --- , (�} ._ - --�----- � ' ----�'i O .
�.r
Stakehokler Committte � _ � _ . � i
Residents Mce�irig . i '�
- ----- '--._�_ ,_.:.Y . �,
--
Business Oa�ners Mee�ifiy E � � � � •
----f..._. _... ..--- ---.. � _ : �.____ _._
� - - - _ ._..�.....-...
Open Hause •
. . .�-. -�-._. _-__ - _ `� --- - � ---_.. . ... ..........._.—.._.-..._.. ..... , ..
� Fap-Up Events' , • , �
--. . ..... ._4__... , - -
�oar knpcking � �
� • .
. _._—..._._._.._...-- ��--- -..._ •�---- �---- '
-- ��----. ._�.... _
Inputl� "
;�.• - - - � -- . . .-__- ._...- --,...------.�,.___..-`--- --- ---•-�- - __..-- -
Puhlic SurveY ��z;� �
Councif Worksessions _ _ r��y jai2i?. .J���v' `��� +i i _`_
Pu�lic Hedriny I , Nov?.
. __ . . . .�_ . _ __ , i___ • __._.,.,_—
�
.. .. . ._'_--_"__�....._. .."_.... _.__.._—.._........ ,..J—.._ _. __ —_. __ ... _...._ . ... ., __.
Exis?ing Conditians �'�-,� .
TrafTicAn�lysis . � �....--- - i ----�-----
- � -- ' -�
AI[ern�ifves Analysi5 � .
. � 1
- -�---- --- - �, -____ .__._.,.. .. ..--- -- � .. .--
Cance��t�esign
' ---- - - -----....__. ..... . �: .. _... - ' - -- - �- --- ... --�-----�-�--------
Preferred Alternati�e . -�
� ��
.. . . _ . . __. ._� _, _...,. .._.__.__.-.__._......:
Draft Repari - -
i
. _...�_....� --- • -
Implementatipn/Phasing �
� - -- . �� - -- --t--- ... -'� --� - ---
Funding Op[ions
. . ...._ _.....------- � ---...... _
-�- ---- � -- -'-- -------------- _ .. . _._....-_.._
Fina�Report � - �
St�fe Fair
'2�3 pop��ups vrill 6eheid uver
ane week
08052022ba1 Page 24 af 29
EXHIBIT B
2024 SCHEDULE � F FEES
The following fee schedule is based upon
competent, responsi6le professional services � � � • � � �
and is the minimum,below which adequ�te
professional standards cannot be maintained. 5anior Project Manager �180•261
It is,therefore,to the advantage af both Project Manager 5145-231
the professional and the client that fees be
commensurate with the service rendered. Senior Project Engineer $14U-2t6
Charges are based on hours spent at hourly Pruject Engineer �130-ZOl
rat�s in eFFect For the individ��als perFarming pesign Engir�eer �115•176
the work. The hourly rates for prineipals and
members of the staff vary according to skill Graduate fngineer �120-156 ,
and experience.The current specific 6illing Senior Planner �110-231 '
rate for any individua]can be provided u�on '
request. Planner �85-161 i
5enior Landscape Architect $145-216 '
The fee scF�edule shall apply for the period Landscape Archilect �13�-lbl '
thrau�h December 31, 24�4. These rates may
be adjusted annually thereafter to account landscape�esigner �75-136 �
for changed labor costs,inflation,or changed Licensed Praject Surveyor s160-191 I
overhead condit�ons. Graduate Surveyor ;125-191
Thc�se rattis indudc lat�or,gencral husiness, Survey TeChniCian �80-184
and other normal and customary expenses SeniorTe�finician �12�-P06
assoeiated with operating a prafessional
business. for projects with typical�xpenses Technician �85-176
and unless otherwise agreed,the above 5pec+alist` 595-22b
rates include�ehicle and persona!expenses, practice Expert" �17�•31�
mileage,telephone, survey sYaEces,and
routine expendable suppii�s;no separate Sehior Principal �200-320
charges will be made for these acti�ities Principal �165-28b
and materiais, Expenses beyond typical AdminisiraiivelCorporaie Specialists �5�-i76
project expenses, nan-routine expenses,
and expenses beyond the agreed scape � .�
of services, suc�as out of town kravel �;��, ;,�� ; , ,; _ ,� ,,� -
expenscs, long travel distances, Earge
quantities of prints,exEra repart copies, ' ' � ` { �
.
outsourced graphics and photographic !'r�+�'�: � ''�`�� i + " '+:� �� ' � � �'�
reproductions,docurnent recording fees, � �r i .�,
outside professional and t�chnical assi5tance,
and other items of this gen�ral nature wil] qe � "'' �
invoiced separately. Rates and charges da not
incluc#e sales tax, if applicable. �����pa�fe char�es wi�l he ma�e for GPS r,r rr��iic totalst�{��r,�is r�r,�uli:�n:�'•In��;,Ia!:
,��y assi�nmenls.Ih�n�s�of!his equ�p�nent is inF.�ud�d�n tlie�ates iur survey�e�;nn�c an�.
,��r:ei�li�eJ��!�nut rlass�f����aUo�e utl�eF°o�is�z,mcl_g�ap#nc d��iyn,prUEeEt�nrnmun�{:a:ar•.
f�r��ir���suppo�t,�lr:
",hiahty Jpec�aliLed a�d ndus;.ry°h�erli;r��+ty�e tc th•�markek o�ar3 u`���wcFpi�ne
Q8452022ba1 Page 25 of 29
DATE(MMIDD/YYYY)
A���� CERTIFICATE OF LIABILITY INSURANCE
04/04/2024
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 Mary Portner,C�Sf�
NAME:
Brown&Brown Insurance Services,Inc. a�No ext: �507)344-4505 ac,No: �866)800-6599
1120 South Avenue E-MAIL Ma .Portner bbrown.com
ADDRESS: ry @
INSURER(S)AFFORDING COVERAGE NAIC#
North Mankato MN 56003 iNsuReRa: EMCASCO Insurance Company 21407
INSURED iNsuRER B: Employers Mutual Casualty Company 21415
Bolton and Menk,Inc. iNsuReR c: Continental Casualty Company
INSURER D:
1960 Premier Dr. iNsuReR e:
Mankato MN 56001 INSURER F:
COVERAGES CERTIFICATE NUMBER: 2024-25 Bolton 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 TYPE OF INSURANCE POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MM/DDIYYYY MM/DDIYYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
CLAIMS-MADE �X OCCUR PREM SESOEa occE ence $ 1,000,000
MED EXP(Any one person) $ 10,000
A Y Y 6D50852 01/01/2024 01/01/2025 pERSONAL&ADVINJURY g 2,000,000
GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 4,000,000
POLICY � PRO- ❑ LOC PRODUCTS-COMP/OP AGG $ 4,000,000
JECT
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ �,OOO,OOO
(Ea accident)
X ANYAUTO BODILY INJURY(Per person) $
B OWNED SCHEDULED Y Y 6E50852 01/01/2024 01/01/2025 BODILYINJURY(Peraccident) $
AUTOS ONLY AUTOS
X HIRED �/ NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY �� AUTOS ONLY Per accident
$
UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ �O,OOO,OOO
B X EXCESSLIAB CLAIMS-MADE Y Y 6J50852 01/01/2024 01/01/2025 qGGREGATE $ ��,���,���
DED X RETENTION $ � $
WORKERS COMPENSATION X STATUTE ERH
AND EMPLOYERS'LIABILITY Y�N 'I,OOO,OOO
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
B OFFICER/MEMBEREXCLUDED? � NIA Y 6H50852 01/01/2024 01/01/2025
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
Per Claim Limit $5,000,000
Professional/Pollution Liability
C E&O Deductible$25,000 AEH114019718 12/31/2023 12/31/2024 Aggregate Limit $10,000,000
RetroActive Date 12/31/1997
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Central Avenue and White Street Corridor Traffic Study. 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 added as an additional insured on a primary
noncontributory basis to the general,auto and excess liability policies. Waivers of subrogation in favor of the additional insured applies to general,auto&
excess liability and work comp policies. Nonwaiver of governmental immunity applies.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City of Dubuque ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Dubuque IA {� ---
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�O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
INSURANCE SCHEDULE J
1. Bolton & Menk, Inc. shall furnis� a signed certificate of insurance to tf�e City of Dubuque, lowa for
the coverage required in Exhibit I prior to commencing work and at the end of the project if the
term of work is longer than 60 days. Contractors presenting annual certificates shali present a
certificate at the end of each project with the final billing. Each certificate shaH be prepared on
the most current ACORD form approued by the lowa Department of Insurance or an equivalent
appro�ed by the Director of Finance and Budget. Each certificate shall include a statement under
Description of Operations as to why the certificate was issued. Prafessional Services Agreement
dated , 20 .
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
lowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate sha�l be furnished to khe Fi�ance Department of the City of Dubuque.
4. Failure to pro�ide coverage requsred by this Insurance Schedule shall not be deemed a wai�er of
these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance
shall be considered a material breach af this agreement.
5. Contrac#ors s�all require all subconsuftant5 and sub-subconsultants to obtain and maintain during
the perFormance of work insurance for the co�erages described in this Insurance Schedule and
shall obtain certificates of insurances from al1 such subconsultan#s and sub-subcansultants.
Contractors agree that they shall be liable for the failure of a subconsultant and sub-
subconsultant to obtain and maintain such co�erages. The Ciry may request a copy of such
certificates from the Contractor.
6. A11 required endorsements shall be attached to certificate of insurance.
7. Whene�er a specific 1S0 form is listed, required the current edition of the form must be used, or
an equival�nt form may be substituted if approved by the Director of Finance and Bt�dget and
subject to the contractor identifying and listing in writing all deviations and exclusions from the
ISO form.
8. Contractors shall be required to �arry the minimum coveragellimits, or greater if required by law
or other legal agreement, in Exhibit I. �f the contractor's limits of liability are higher than the
required minimum limits then the pro�id�r's limits shal� be this agreement's required limits.
9. Contractor shall ba responsible for deductibles and self-insured retention for payment of a11 policy
premiums and other cos# associated with the insurance policies required below.
1Q All certificates of insurance mus# include agenks name, phone number, and email address.
11. The City of Dubuque reserves the rigfi�t to require complete, certified copies of aH required
insurance policies, including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modi#y these requirements, including fimits, based on
cF�anges in the risk or other special circumstances during the term of the agreement, subject to
mutual agreement of the parties.
08052022ba1 Page 26 of 29
INSURANCE SCHEDULE J (continued)
�
A) COMM�RCIAL GENERAL LIABILITY
General Aggregate Limit $2,OQD,000
Products-Completed Operations Aggregate Limit $1,00O,OOD
Personal and Advertising Injury timit $1,oaa,000
Each Occurrence $1,aoa,000
Fire Damage Limit(any one pccurrence} $50,000
Medicai Payments $5,000
1) Co�erage shall be written on an accurrence, nat claims made, form. 7he general
liability coverage shall be writter� in accord with ISO form CG 40 Dj or business
owners form BP QO 02. All deviations from the standard !SO corr�mercial general
liability form CG OD D1, or business owners form BP 00 02, shall be cfearly
identified.
2) 1nc�ude endorsement indicating that coverage is primary and non-contributory.
3) lnclude Preservation of Governmental lmmunities Endorsement.(Samp[e
attacf�ed}.
4} Include additional insured endorsement for:
The City o�Dubuque, including all its elected and appointed officials, aii its
employees and �olunteers, all its boards, commissions andlor authorities and
their board members, employees and �olunteers. Use ISO form CG 20 26.
5) Policy shall include Waiver of Right ta Recover from Ot4�ers endorsement.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Ca�erage shall include all owned, non-owned, and hired vehicles. If the Contractor's
business does not own any�ehic4es, co�erage is required on non-owned and hired
vehicles.
1} Policy shall tnclude Waiver of Right to Reco�er from Others endorsement.
CJ WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefi�s covering ai1 employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85.
Co�erage A Statutory—State of lowa
Co�erage 8 Empipyers Liability
Each Accident $10D,D00
�ach Employee-Disease $100,000
Policy timit-Disease $500,�00
Policy shall include Waiver of Right to Recover from Others endorsement.
Co�erage B limits sha11 be greater if required by the umbrellalexcess insurer.
Q@
0&052Q22ba1 Page 27 of 29
1NSURANCE SCHEDULE J (continued)
If, by lawa Code Sectian 85.1A, the Contractor is not required to purchase Workers'
Gompensation Insurance, the Contractar shall have a copy af the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the lowa
Workers' Compensation fnsurance Commissioner, as required by lowa Code Section
87.22. Complefed form must be attached.
D} UMBRELLAIEXCESS LIA6ILITY $�,000,000
The General tiability, Automobile Liability and Workers Compensatian lnsurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the UmbrelEa or Excess Insurance policy does not follow fhe form of
the primary policies, it shall include the same endors�ments as required of the primary
policies induding Wai�er of Subrogation and Primary ancf Non-contributory in favor of the
City.
E) PROFESSlONAL t1ABILITY $2,OOO,aaa
If the required policy provides claims-made co�erage:
1) The Retroactive Date must be shawn and must be before the date ofthe
agreement.
2) Insurance must be maintained and e�idence of insurance must be provided forat
least fi�e (5)years after completion pf the work or services.
3) If coverage is canceled or non-renewed and not replaced with another claims-
made policy farsr�with a Retroacti�e Date prior to the date of the agreem�nt,the
contractar must �irovide "extended reporting" co�erage for a minimur� of five(5)
years after completion of the work or ser�ices.
F) CYBER LIABILITYIBREACH $1,000,000
Yes " No
Coverage for First and Third Party iiability including but not limited to lost data and
restarat�on, loss of income and cyber breach of information.
08052022ba1 Page 28 of 29
Please be aware that narning the City of Dubuque as an additional insured as is required by this
Insurance 5chedule may res�lt in khe waiver of the City's governmental immunikies pravided in lowa CacEe
sec. 670.4. 1f you would like to preserve thase immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUN[TIES ENDORSEMENT
1. Nanwaiver of Go�ernmental lmmunitv. The insurer expressly agrees and states that the
purchase of th9s policy and the including of the City of Dubuque, lowa as an Additional lnsured does not
wai�e any of the defenses of go�ernmental immunity a�ailable to the City of Dubuque, lawa under Code
of lowa Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Cov�raqe. The insurer further agrees that#his policy of insurance shall co�er anfy
those claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4
as it now exists and as it may �e amenc€ed frorr� tim� to fime. Those claims not subject to Code of lowa
Section 670.4 sha�l be co�ered by the terms and conditions af this insurance policy.
3. Assertion of Gavemment Immunitv. The City of Dtabuque, lowa shal[ be responsible for
asserting any defense of governmental 'rmmunity, and may do so at any time and shail do so upon the
timely written request of the insurar.
4. Non-Denia! af Co�erage. The ir�surer shall not deny coverage under this policy and the
insurer sf�all not deny any of t�e rights and benefits accruing to the City of DUbuque, iowa under this
policy for reasons of go�ernmentat immunity unless and until a court of competent jurisdsction has ruled in
fa�or of the defense(s) af governmental immunity asser�ed by the City of Dubuque, lowa.
No Other Change in Palic�The above preservatian of go�ernmental imrnunities shall not otherwise
change or alter the coverage a�ailable under the policy.
08052Q22ba1 F'age 29 of 29