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RFP Water Pollution Control Plan Upgrade Design EngineeringDubuque THE CITY OF Dui E ~~ r Mastet~piece an the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: RFP for Water Pollution Control Plant Upgrade Design Engineering DATE: August 27, 2008 Water Pollution Control Plant Manager Jonathan Brown is recommending issuance of a Request for Proposals for engineering design and construction services for the design of upgrades to the City of Dubuque's Water Pollution Control Plant. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Mil igen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jonathan R. Brown, Water Pollution Control Plant Manager THE CITY OF DUB E Masterpiece on the Mississippi August 26, 2008 MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Jonathan R. Brown, WPCP Manager SUBJECT: RFP for WPCP Upgrade Design Engineering INTRODUCTION The purpose of this memo is to present a Request For Proposal (RFP) for engineering design and construction services for the design of upgrades to the City of Dubuque's Water Pollution Control Plant. BACKGROUND The direction of the City of Dubuque's WPCP has been established as a high priority by the City Council. A process of facility planning was approved and RFP's for the Water Pollution Control Facility Plan were submitted to council on February 5, 2007. Consultant selection to prepare the Facility Plan was approved by City Council in May 2007 and Strand Associates of Madison WI was contracted to proceed with planning. The Facility Plan as completed by Strand Associates has been accepted by the City Council and submitted to IDNR for review. The recommended plan includes improvements to nearly all portions of the existing WPCP. The next step in the process is to select a qualified consultant to provide design engineering and construction services for the planned upgrades. DISCUSSION An RFP has been developed and the tentative schedule for the consultant selection process is as follows: RFP's released to the public: Responses due: Selection of Short list: Interviews: Staff recommendation to the City Manager: City Manager recommendation to Council: Design Completion Date: September 3, 2008 October 3, 2008 week of October 6, 2008 week of October 20, 2008 October 27, 2008 November 3, 2008 Fall 2009 The selection committee includes: Cindy Steinhauser, Assistant City Manager Ken TeKippe, Finance Director Bill Jungk, Assistant Water Pollution Control Plant Manager Jonathan Brown, Water Pollution Control Plant Manager Deron Muehring, Civil Engineer II John Klostermann, Street and Sewer Maintenance Supervisor Jennifer Larson, Budget Director Aaron DeJong, Assistant Economic Development Director Steve Brown, Project Manager RECOMMENDATION I recommend that the City release the attached RFP, soliciting proposals from qualified consultants to provide engineering design and construction services for significant upgrades to the City's Water Pollution Control Plant. This design will be based on the recommendations of the Facility Plan for the City of Dubuque as prepared by Strand Associates of Madison Wisconsin. BUDGET IMPACT The opinion of capital costs for the recommended improvements is approximately $48 million (December 2007 costs basis). Estimates for design engineering and construction services are $2.4 million and $6.7 million respectively. The Water Pollution Control Plant upgrades are to be funded by an increase in the Sanitary Sewer Utility Fees to retire a loan from the Clean Water State Revolving Fund as administered by the State of Iowa Finance Authority. ACTION STEP respectfully request authorization to release the RFP to the public. Attachment: cc: Steve Brown, Project Manager Jenny Larson, Budget Director City of Dubuque WATER POLLUTION CONTROL PLANT REQUEST FOR PROPOSALS FOR DESIGN ENGINEERING Table of Contents: SECTION PAGE 1.0 Introduction 3 2.0 Project Objectives 6 3.0 Community Background 7 4.0 Project Scope of Services 7 5.0 City Resources 8 6.0 Information to be Included in the Proposal 9 7.0 Proposal Questions and Answers 10 8.0 Submission Requirements 11 Appendix A Consultant Evaluation Selection Process 14 Appendix B RFP Rules and Protest Procedure 17 Appendix C Insurance Requirements 19 Appendix D City of Dubuque Contract Terms and Conditions 27 Appendix E Project Related Data 29 2 1.0 INTRODUCTION The City of Dubuque, Iowa is soliciting proposals from qualified consultants to provide engineering design and construction services for significant upgrades to the City's Water Pollution Control Plant. This design will be based on the recommendations of the Facility Plan for the City of Dubuque as prepared by Strand Associates of Madison Wisconsin. The selection of consultants will be based on qualifications and discussion of any modifications to the overall Facility Plan concepts shall not be addressed in the proposal or during the interview process. The complete facility plan is provided in an enclosed CD and may also be found at the City of Dubuque website under the Water Pollution Control Plant page, www.cityofdubugue.org. BACKGROUND The City of Dubuque operates a wastewater treatment plant providing secondary treatment for residential, commercial, and industrial wastewaters. The treatment facilities are complex, energy intensive and involve high replacement costs as units reach the end of their useful lives. The original facilities were designed and built over forty years ago and updated in 1994. The need to replace plant components and the desire to reduce plant operating costs prompted the City to prepare a Facility Plan to identify the best alternatives for sludge handling, biological wastewater treatment, alternative disinfection methods, and to review other plant needs. The direction of the City of Dubuque's WPCP has been established as a high priority by the City Council. A process of facility planning was approved and RFP's for the Water Pollution Control Facility Plan were submitted to council on February 5, 2007. Consultant selection to prepare the Facility Plan was approved by City Council in May 2007 and Strand Associates of Madison WI was contracted to proceed with planning. The objectives of the Facility Plan were as follows: 1. An assessment of the current condition of the WPCP. 2. Alternatives for sludge disposal with related costs and impacts. 3. Secondary treatment plan. 4. Disinfection alternatives with related costs and impacts. 5. Fulfill the requirements of the State of Iowa Revolving fund program for the possibility of funding plant upgrades. 6. A prioritized list of plant upgrades for possible phasing of plant construction. 3 7. An analysis of the probability of nutrient removal requirements for the WPCP. 8. A Facility Plan that has been developed with input from all interested Dubuque citizens and City staff. The Facility Plan as completed by Strand Associates has been accepted by the City Council of Dubuque and submitted to IDNR for review. The recommended plan includes improvements to nearly all portions of the existing WPCP. The following is a brief summary of the recommended improvements: Influent Screenin Replace the existing screens with 1/4-inch fine screens (consider 1/8-inch screens) Install screenings washer/compactor Grit Removal • Replace the existing grit classifiers • Eliminate the need for dewatered grit conveying by reorienting the grit classifiers • Reconfigure grit pump discharge piping Primary Treatment • Remove domed covers and replace with weir covers only • Construct 4th primary clarifier Biological Treatment • Continue with High Purity Oxygen (HPO) activated sludge, including hauling liquid oxygen to the plant • Replace aeration mixers (27) • Replace HPO controls for all three trains • Inspect concrete deck • Seal concrete deck Final Clarification • Install new energy dissipating inlets Effluent Disinfection • Replace chlorination and dechlorination with ultraviolet light disinfection • Reuse contact tank for UV installation Effluent DO and pH Control 4 • Routinely monitor the wastewater DO and pH downstream of the aeration basins to determine how DP and pH change through the remaining basins Based on this monitoring: • Install a cascade aeration system downstream of the dechlorination basin. This will serve to release CO2 to raise the effluent pH. • If needed, remove the final stage concrete deck from each HPO train, which will serve to release CO2 raise the effluent pH. Peak Flow Management • Convert trickling filter structures to off-line flow equalization downstream of primary clarification. • Modify HPO basins to all operation in contact stabilization mode of activated sludge. Sampling and Flow Metering • Provide two new influent samplers • Provide new effluent sampler and sampling enclosure near the chlorine contact tank Residuals Management • Decommission the fluid bed incinerators. • Construct new anaerobic digestion facilities (TPAD) • Install new WAS thickening equipment in the existing incinerator building. • Rehabilitate the WAS storage tanks and provide new WAS storage aeration equipment. • Provide two new dewatering centrifuges; remove one existing centrifuge (use for parts) • Convert existing incinerator building to biosolids cake storage and load-out facilities. • Consider electrical generation for biogas. • Establish contract with biosolids contractor to provide hauling, off-site storage, and land application of biosolids. Emergency Backup Power and Electrical Service • Install new emergency power generation equipment. • Consider two smaller generators since there are two electrical services at the plant. • Consider consolidating biogas electrical generation and backup power generation equipment. • Replace electrical switchgear and distribution equipment from the 1970's and before. 5 Administration Building, Laboratory, and Locker Rooms • Conduct space needs study • Refurbish the existing administration building • Refurbish locker rooms in the administration building and the incinerator building. • Expand the laboratory portion of the building by approximately 700 ft2 • Provide recommendation for Laboratory equipment Vehicle Storage and Maintenance Building • Construct new facility for vehicular storage and maintenance (approximately 4,800-ft2) Sewer Cleaning Debris Pad • Construct new receiving station for sewer cleaning debris to allow dewatering and storage for this material. • Consider incorporating a hauled waste receiving station into this facility. Odor Control • Provide ability to install odor control for the headworks and primary clarifiers in the future. Other Equipment Replacement • Influent magnetic flow meters (2), effluent flow meter, and excess flow meter. • Primary clarifiers drives • Primary scum pumps • Primary sludge transfer pumps • RAS pump VFD replacement • WAS pumps • In-plant waste/recycle pumps • Plant effluent/process water pump • HVAC systems Miscellaneous Piping, Valves, Mechanical and Other Components • Influent channel gates • Primary clarifier splitter gates • MLSS splitter gates • Final clarifier influent splitter gates • Reroute in-plant waste/recycle pump discharge upstream of the influent screens. 6 • New septage/hauled waste receiving station • New roofs on existing buildings The opinion of capital costs for the recommended improvements is approximately $48 million (December 2007 costs basis). The complete facility plan is provided in an enclosed CD and may also be found at the City of Dubuque website under the Water Pollution Control Plant page, www.cityofdubugue.org. 2.0 PROJECT OBJECTIVES The objectives of the consultant are to: Utilize the Facility Plan to design the improvements of the City of Dubuque WPCP. 2. Prepare bid documents (plans and specifications) for the construction of the improvements. It is desired that the project be able to go out for bid by the fourth quarter of 2009. 3. Acquire permits and authorizations from the various regulatory agencies in a timely fashion that avoids any delays to the construction of the City of Dubuque WPCP. 4. Satisfy the Clean Water State Revolving Fund (CWSRF) requirements from design, through bidding and construction; and 5. Manage/oversee the construction of the City of Dubuque WPCP. 6. Utilization of sustainable design practices. 7. WPCP must remain in service during construction. 3.0 COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a population of approximately 60,000 people. The City's annual operating and capital budget is over $100 million and funds a full range of services. 7 Dubuque's terrain is widely varied, with steep hills, bluffs, and a flat area protected from the Mississippi River by a floodwall. Rugged rock outcroppings dot the bluffs and many wooded areas are located within the city limits. 4.0 PROJECT SCOPE OF SERVICES Although the scope of services or the project plans may be divided, truncated, phased, or expanded at the sole discretion of the City of Dubuque, the proposal shall outline the means and methods by which the consultant will provide the scope of services identified herein. Design These services will consist of competent professional and technical engineering services required to prepare construction drawings, specifications and bid documents for the project together with a periodically updated detailed estimate of the construction costs. The design services shall be consistent with sound engineering practices and shall meet all applicable codes, regulations, grant or funding requirements and appropriate standards. These services will include administration of the bidding process including bidder prequalification, plan disbursement, processing and preparations of addendums, participation in bid opening, analysis of bids, and bid award recommendation as directed by the City Manager. Project Administration The consultant will act on behalf of the City of Dubuque WPCP, as an agent, in providing all administration for the project. During the Design Engineering phase this will include, but is not limited to, coordinating the advertising of a project for bidding, attending bid openings, tabulating bid tabs, and recommending an acceptable bidder in compliance with all applicable laws, regulations and rules, including without limitation the City of Dubuque's purchasing policy. The construction engineering /inspection phase of project administration will include, but is not limited to, conducting preconstruction meetings, holding progress meetings, preparing pay estimates, and coordinating all parts of the project on behalf of the City of Dubuque WPCP. Construction Management These services will consist of competent professional construction and inspection services to adequately assure that the work has been completed in compliance with the approved construction drawings and specifications. The construction and 8 inspection services shall be consistent with sound engineering practices and shall include, but not necessarily be limited to, construction administration, inspection services and shop drawings review and approval process. Under this phase, the Consultant shall consult with and advise the City of Dubuque WPCP on all aspects of the project and act as the City of Dubuque WPCP's professional representative for the project, and perform the duties as the project engineer under the direction of the City Manager. The Consultant shall review/approve and consult with the City of Dubuque WPCP regarding shop drawings, change orders, guarantees, pay estimates, and other related matters. Also, in accordance with sound engineering practices, the Consultant shall certify to the City of Dubuque WPCP that the construction work was completed according to the plans and specifications, and that the completed project is acceptable for its intended purposes. Record Drawings Upon completion of the project the consultant will be asked to prepare record drawings of the project in an electronic and hard copy format acceptable to the City of Dubuque WPCP. The consultant will prepare operation and maintenance manuals for the City of Dubuque WPCP's use and assist in the training of City of Dubuque WPCP personnel. 5.0 CITY RESOURCES The City of Dubuque will provide, as requested, any historical documents which refer to current design, facility plans, operations and laboratory data. All interested firms shall visit the WPCP prior to the date when the proposals are submitted. 6.0 INFORMATION TO BE INCLUDED IN PROPOSAL The submitted proposal should address all aspects of the required work discussed in this RFP, including any cost information which should be included in the submittal in a separate envelope clearly titled "Project Cost Estimate". The proposal should be prepared simply and economically, providing a straight- forward, concise description of the consultant's capabilities to satisfy the requirements of the RFP. To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the manner specified below. While additional data may be 9 presented, the following subjects must be included. They represent the criteria against which the proposal will be evaluated. 6.1 Letter of Transmittal Provide a letter of transmittal briefly outlining the Proposer's understanding of the work and list the project manager's name, address, telephone number, fax number and a-mail address. The name that is provided for the project manager will be used as the primary contact during this RFP process. 6.2 Index Each proposal shall contain a table of contents that delineates each section contained in the proposal and the corresponding page number. 6.3 Profile of Firm Provide general background information about the firm and its areas of expertise as they relate to this RFP. Include information about the key project team members who will be assigned to the project and their areas of expertise that will be utilized on the project. Include a flow chart that shows the communication path between the city and key project team members. Include all project team members on the flow chart and show the supervisory relationship between all members of the team. 6.4 Proposed Project Team Qualifications Describe the experience and success of the Firm and key personnel proposed for the Dubuque project in performing similar projects. Specifically include any experience and success the firm or key personnel have in working on TPAD, HPO secondary treatment and UV disinfection design. Include at least 3 client references (including individual contact name and telephone numbers) from similar projects that have been completed in the last five (5) years AND list the names of project team members proposed for the Dubuque project who have worked on the referenced projects. Include a flow chart that shows the communication path between the City and Consultant. Include all project team members on the flow chart and show the supervisory relationship between all members of the team. Be sure to include all subconsultant staff on the project team flow chart. 10 Describe the name and location of sub-contracting firms that would be used by the Consultant during the project. List the approximate percentage of the work that would be performed by each of these firms. Briefly describe any relevant experience and qualifications of the sub- contracting firm. 6.5 Scope of Services Describe the means or strategy by which the Consultant would satisfy the Scope of Services. 6.6 Proposed Project Schedule Provide adesign/construction project schedule outlining the time period and estimated completion date of the proposed scope of work. This should include a schedule and description of all deliverable reports/documents throughout the project. The construction documents for the project should be ready for public bidding in the fourth quarter of 2009. 6.7 Certificate of Insurance The selected firm will be required to meet the City's insurance requirements for professional services (see Appendix D). 6.8 Fees and Compensation Provide a fixed fee budget for completion of the proposed scope of services with cost breakdowns by major scope element. The Consultant will be progressively paid for the earned value of progress made for each major scope element completed, plus reimbursable expenses, subject to the agreed upon Not-to-Exceed amount as written in the signed contract. Invoices shall be paid on a monthly basis. Quotation of fees and compensation shall remain firm for a period of at least 60 days from the RFP submission deadline. 7.0 PROPOSAL QUESTIONS AND ANSWERS If you have any questions concerning this proposal, or other technical questions, please submit your requests to the City's designated Project Manager. The City has used considerable efforts to ensure an accurate representation of 11 information in this RFP. Each Proposer is urged to conduct its own investigations into the material facts provided. When submitting a question to the Project Manager, please include the appropriate Consultant contact information. No answers given in response to questions submitted shall be binding upon this RFP unless released in writing (letter, fax or email) as an officially numbered and titled addendum to the RFP by the City of Dubuque. From the date of issuance of the RFP until final City action, the Proposer shall not discuss the RFP with or contact any other City of Dubuque staff or any of the Selection Committee members except as expressly authorized by the City representative identified in this section (Section 7.0) for this proposal. Violation of this restriction will be considered a violation of the rules and be grounds for disqualification of the Proposer's proposal. Project Manager contact information is as follows: Jonathan Brown City of Dubuque Water Pollution Control Phone 563-589-4176 795 Julien Dubuque Drive Fax 563-589-4179 Dubuque, IA 52003 email jobrown@cityofdubuque.org 8.0 SUBMISSION REQUIREMENTS Before submitting a proposal, each Proposer shall make all investigations and examinations necessary to ascertain site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the Proposer will rely. PROPOSAL SUBMITTAL INFORMATION ^ Submittal Deadline: October 3, 2008 on or before 2:00 p.m. CST ^ Submittal Water Pollution Control Plant 795 Julien Dubuque Drive Dubuque IA, 52003 ^ Submittal Copies: Ten (10) hardcopies and one electronic (pdf) copy of the proposal shall be provided. Submit one (1) original signed proposal and nine (9) copies all labeled City of Dubuque WPCP Design Engineering Proposal. Submitted proposals must be in 12 delivered in printed format. In addition, supply one (1) electronic version of the proposal in Adobe Acrobat format. No faxed or a-mail proposals will be accepted. The proposal must be a document of not more than twenty (20) numbered 8-1/2 x 11-inch pages, not including the letter of transmittal, index, project schedule, dividers and the front and back covers. Proposals should not include any pre- printed or promotional materials. Any proposals exceeding 20 numbered pages may not be considered. The original proposal document shall be signed in blue ink by an officer of the company who is authorized to legally bind the Proposer to its provisions. Proposals are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than sixty (60) calendar days from the proposal closing date is required. Each Consultant assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. Any proposals received after the submittal deadline will not be considered, and will be returned unopened to the Proposer. The City of Dubuque will not be responsible for any loss or delay with respect to delivery of the proposals. The City of Dubuque is not liable for any cost incurred by any Consultant prior to the execution of an agreement or contract. Nor shall the City of Dubuque be liable for any costs incurred by the firms in responding to this RFP and those not specified in any contract. All results from this project will remain the property of the City of Dubuque. Thank you for your consideration and interest in the project. Sincerely, Jonathan R. Brown Manager, City of Dubuque WPCP 13 Appendix A Consultant Evaluation and Selection Process 14 INITIAL EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. A selection committee of City of Dubuque personnel will review qualifying proposals and select Firms for placement on the Consultant short-list for the project. The following criteria are among those that will be used to initially evaluate submitted proposals. 1. The proposed project team's level of professional competence and a proven track record in: ^ Designing Temperature Phased Anaerobic Digestion (TPAD) facilities, High Purity Oxygen (HPO) secondary treatment systems, Ultraviolet Disinfection systems and general reconstruction of wastewater treatment facilities while still in operation. ^ Applying for and obtaining the permits that will be required for this project; o Working on municipal capital improvement projects; and ^ Working on projects funded by the CWSRF. 2. The proposed project team's experience working together on similar projects. 3. The quality of the proposal based on the: ^ Demonstrated understanding of the City's overall objectives; ^ Design approach/methodology in completing scope of service; ^ Level of interest; ^ Knowledge of the project site; ^ Proposed schedule; ^ Creativity and problem solving ability; ^ Ability to demonstrate initiative and motivation; and ^ Local economic impact. 15 CONSULTANT SHORT-LIST EVALUATION CRITERIA A selection committee may or may not interview short-listed firms. If interviews are held, both the original submitted proposal and the results of Consultant interview may be used to evaluate consultants. In addition to the evaluation criteria listed above, interviews will be judged on the consultant's: ^ Responsiveness and compatibility with the City; ^ General attitude and ability to communicate; ^ Ability of the Consultant to communicate ideas through prepared documents and presentations; o Ability to listen, be flexible, and follow and/or implement direction and/or ideas or concepts; o How the Consultant team would interact with the general public, City staff, and public officials; and ^ Proposed fee in relationship to the services offered. The City may also review direct and indirect references of previous work product. The City may utilize site visits or may request additional material, information, presentations from the Proposers) submitting the proposals. SELECTED VENDOR FEE NEGOTIATION PROCESS Upon the successful completion of Consultant interviews, the committee shall recommend the selection of a Consultant to the City Manager. The City Manager may in turn make a recommendation to the City Council. A finalized scope of work and fee structure shall be directly negotiated with the Firm that is selected by the Dubuque City Council. The Consultant shall also include in the final contract documents, the language contained in Appendix E -City of Dubuque Contract Terms and Conditions. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that offerer. Otherwise, negotiations with the offerer ranked first shall be formally terminated and negotiations commenced with the Consultant ranked second, and so on until a contract can be negotiated that is acceptable to the City. 16 Appendix B RFP Rules and Protest Procedure 17 MINOR IRREGULARITIES The City reserves the right to waive minor irregularities in submitted proposals, providing such action is in the best interest of the City. Minor irregularities are defined as those that have no adverse effect on the City's best interests, and will not affect the outcome of the selection process by giving the Proposer an advantage or benefit not enjoyed by other Proposers. EXCEPTIONS Proposer exceptions to any part of the requirements stated in this request must be clearly identified as exceptions and noted in the transmittal letter and in the submitted budget. RANKING OF THE PROPOSALS No debriefings or scoring information shall be released before the City Manager has recommended that a contract be negotiated with the recommended firm. However, after said authorization has been given, all contents of the selected proposal shall become public information. DEFINITIONS The City has established for the purposes of this RFP that the words "shall", "must", or "will" are equivalent in this RFP and indicate a mandatory requirement or condition, the material deviation from which shall not be waived by the City. A deviation is material if, in the City's sole discretion, the deficient response in not in substantial accord with this RFP's mandatory conditions requirements. The words "should" or "may" are equivalent in this RFP and indicate very desirable conditions, or requirements but are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not in and of itself cause automatic rejection of a proposal, but may result in being considered as not in the best interest of the City. DISPUTES/EXCEPTIONS Any prospective Proposer who disputes the reasonableness or appropriateness of any item within this RFP document, any addendum to this RFP document, notice of award or notice of rejection shall set forth the specific reason and facts concerning the dispute, in writing, within five (5) business days of the receipt of the proposal document or notification. The written dispute shall be sent via certified mail or delivered in person to the point of contract set forth in Section 7.0, who shall review the written dispute and work with the City Manager to render a decision which shall be considered final. 18 Appendix C Insurance Requirements 19 INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A better in the current A.M. Best Rating Guide. 2. All policies of insurance shall be endorsed to provide a thirty (30) day advance notice of cancellation to the City of Dubuque, except for 10 day notice for non-payment, if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non-contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunities Endorsement. shall also be required to provide Certificates of Insurance of all subcontractors and all sub-sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the same insurance requirements as required of 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage 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. 6. Contractor shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement: 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 20 Each Occurrence Limit $1,000,000 Fire Damage limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 INSURANCE SCHEDULE C (Continued) INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE This coverage shall be written on an occurrence form, not claims made form. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97 `Designated Location (s) General Aggregate Limit' shall be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: 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 shall be named as an additional insured on General Liability including "ongoing operations" coverage equivalent to ISO CG 20 10 07 04. b) Automobile $1,000,000 combined single limit. c) WORKERS COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident Each Employee Disease Policy Limit Disease d) PROFESSIONAL LIABILITY e) UMBRELLA/EXCESS LIABILITY $ 100,000 $ 100,000 $ 500,000 $1,000,000 NONE 21 Insurance Submittal Completion Checklist ^ Certificate of Liability Insurance (2 pages) ^ Designated Location(s) General Aggregate Limit CG 25 04 03 97 ^ Additional Insured CG 20 10 07 04 ^ Governmental Immunities Endorsement GA9E {MM.DQ+YV'Y ~W ~ERTIFI~ATE ~ E.IA~1~~`~lI' tNSUN~E t1t,+~s~~t~c1~ '~ (5133) ST6~0272 FhSf tS1:3) S 5~6-4425 T'HI~ +CERTIF#CAT€ tl~ ISBUFd A$1 A Ma4TTER OF itt1l=ORkiATI(1N IAlStRlAJ~E AC,Etdi'Y ONLY AF113 C~i~ER3 F!Q RIKsFtTB UPON THE CERTIF'IDATt STREET E55 H14L!?ER~ THIS ~ERTI~ICJ4TE Obi ~!f]T ANIEI+;NEI, E1CT~10 ~1R ALTER THE iCC)V'E~EtA.C3E 11FFQFtpEp B'1' TtiE Pf~LIC1ES BELOYV. 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CM f i_II.'Ri N1.1=• y ~y/~}y . ~ T REuATE _. . ~ MVV ~ ~ ~ ~- GE.C7U4~' 7 H3LIF .~.•~.~~. YKlI~iCERSGQf4>IF+~N$AMYJN A~ +~ V+C St'eTIP +~TN ,' JdfY PF~.^.Afl r7[kdrFxR'HEF1,1 %C4::1TTJ~ EL €.~4L!i AA:L"$7)"p[F- ~~wl ~ IJF>~-C_WJ~ftA9>:IiE.X'.a~iC'~lbJ~' ~L tIt"JF S.`iE F~ F61f'1 t7~F . ~ ~~ 1 ~' /~A~A•+}bSC ~rS 4~'rY~ ~ 3t'Ll:IAL FkCi#ItiIVNSi CrAu+M 1 E EL. L~rSEA2,E - F'f,. :.li:Y! ~WT ~C~55IpNAL tIA~I LITY + ': S l , OACi.OD11 tN!~C~tbr~ Clrti grEnaTlOMp i t.4~'ijONi i VFx!EFGk E £Ii`Y {1F Dt![3UQUE IS ~Ilr ADQ >e9~ . lV8mQ61S ACJG~D 8tr C= r 9P PROVE ITItl~f+1,~L< I~ISIJRED tMl GEF~FiL 1.L4~ILIT 810N8 Y Pl7LICIE~ TMCL. I~iWGO2 & Ct]r+~PE ETF1l IFlSURI~RS AFFORt1it+IG C:~'iil`Ei`rtAGE rNSU+~€pn Iersuranc~ Cc~lany ~+19URER 6 =„~FFar. ~~ __ S pPERAT~t+15 #Gf71+'EIk,JIGE EQUIYILANT Tt} I50 CG 2010 07'114 JG iC7Ci X37 117'il4. G~NER.AI. L~$ILTY Pt1~ICY IS PRIMARY 1lI~Pt?RTANT Vfthe+rIGS~te Adder t5 .an ,Allt]ITIt~EVAt iNS~URIaD, ltr~ I*~eYRi must 6a er~dvrsed. A, statearrent on this certifi+cefe aloes rrGf ta0rrter ri~htS to t[~e ts~rtifrcate hc~d'~ in Geu ~o±F suefi endr~rsarnerrt(s~. If ~UHRC)G/+,Tif?N t~ i1Va1+1>E~. su'bjecf t~o the f~'tls and C+~t#L~(O{?(IS Of th@ pc~tcy. certain prolicies tansy ret~tire an endt~rsement ,4 staterr-erTt on tfas t~Mte drams naf confer rights #a fhe aertifir~te h~alcier ~ tieu of such errdarsement(s~. DlS~GL.AiIMfER The CerilftGSte of lrtsa~rar-ce on the reverse side cif atria form doe$ nat txxrstifute a c+~antracf between Ehe -~ir1g lesurer{s), a~+tAorizecl representsttve or prtrctucer, sand the certtfk~te -holder, rtor does ~ afllm~altv~ely <rr ruegatfvefy arnerrd, extend a~ saber the c'sawera~e etl~cled b5+ ll~e ~tlsc l~fed thereon. JUh1E 2~0~ L3 ~C~L,i~Y N~ih~l8i=~: ANY' A1VI? ALL CCJ~'EREL7 ~,Ci~A.7'xt~ivS TN~S E~iDC~RSEENT C1~ANG~ES THE PflL1CY, Rl~EASE READ fT C~,REFULLY. to E 1'~ E F ~ ~-t~ F~ ~+G,~-T~ ~1 t~1f IT Tnls erd't~rsem~ra# modifies 'rnsurance pravtded under the fallowi7tg: CUINM~ClAL CEiVERA.L E.IABILfTY Ct31~F2A,GE P'A}~T SHE (!f na entry appears 2bcve, infanr4atfan required to campiete apfaiicable Uca this er~clacsernet~#,} A For all earns which the ir:surect t~ecnr~es legally obligated to pay as dartx~ges ~t~ec~ h5+ `ca~uzrenaes' urtdQr Gt~'V~vACaE ~ (SECTtgIV t}, and for tali meth e~ ratrs~ed try at~i- derat3 under ~Ct71l~R~~f~l= C (~E~"E`l{~~1 t}, vrrhi~'t cars be attrit~ut~! or,fy to operations at ~ sar~}le ciesignaUed `loraticn' s~cswn 7n lt~e SU~r~dule at~+ava. '!. A separate DesiQnatcd Location General A9gm9a~ie Lirniit applies to each designated `ioc~tic', Arad tl~tat lima is equal to the amQUrtt tai the ~erle~ral I~gregate Ljl7t~t stt in ttte C~ciarati~ns. ~. i'lae ligraated LocatEcnt Gen~er~i AQga~gate Limit is tt'te mosi we v~l y frrr tare eum of ail data ages under CCDU~A~GE ~ except darts-- ag because of Injury' tar 'PmI~~Y damage' inoiudec! in thr 'pa~dt,+Ck~-o~rnp~ceied ~apemtions hazard`, artd for rtae+dida~l expenses under CQVE3~,4GE C r>egasdless of the, ~urn- taer ~: ~ ~ Insureds; C~ Z5 04 Q3 97 CgNR9Ei`i~IAL GENERAL 1`IA6ILITY CC ~` tip Q3 9? rsement will be staown i~ tt+e [3sciaratons b. Maims made or'sutts• ttrnt~ghty ter C. Pet ~~as or orgaraizstmats snaking cJ t~ prngir[g `suits'. '~. Any' ~aym$r~s mane under C~DVEFt.4C~ A for damages or under C~3VEf~AGE C for med'ecai expenses shad rectutre the 19- natvci Lo~cativn G+~'ter~l ~ Limit far that donated ~'lc~csticn', 3Such paymern~ shall not reciur~ the +aenerai la,g$reQats L3n~tk shov-rrt ira the C)eclaraticsts rtc~r shall ~ re- duce any other Desi~raated Larn ~ener~ Ag~praga~ Lima[ 1[or amy otter desled 'loratir~ra' sht~v+m in the Schedule $bau~e, ~4. 'The lirni~ shov~m in the De~iaratian~ f~ Each Cacsura~nce, ~re ~arr~tge arb Iuledic~I trense contlnaue ttt apply. Hcawevar, instead srf Ming sul~Jec~ to the. General Ag~r+~ga#e Lxmlt shc~ra in the L~e+daratirans, sttr~p.llmiEs wit tae sul~e~d t+a the appli~Cie ~s~nated C.acatlcart Gertera9 .Aggregate larnit Gapyright, lnsuratlC~e Ser~c~s G~I~iaa, inc.,. ~Stgfi .~~~~ JUNE ZDQS '~ i !~. ,.~ , PQL1G'Y iVllMBER: C+CtMMER+CIAl. GENERAL LIABlLtTY tG ! Q g71?4 THIS EN[~O~SE~IIENT CHANGES THE R~Jl.lC'Y, PLEASE RE~4a iT CAREFULLY. ~t~[~ITIt.~IVAL INIJ~t~ -- C1V'~E, LE~~~~ C1R Thal ~rtd~rsement ntoad~es i~.surance pronrictmd under thQ fvilowng: ~C}:MIMERCiAt. G~~IERAL islA9lirIT1~' ~~3V~RAGE WAFT SCHE[~tJ L.E Narr~e G~f A~ddittc~~al irisur+ew# i'era+an[s} Or ~ ar~tzartae~n a : Location s ~I' Cc~ve+red t3 ratios Tl~~ lrity Qf Dubuque, includ~ns~ alb its elected and appointed v~ficials, all its em~rl ogees and vol t~n~eers , a7 T its boards cc~nmissio~ts andJvr authorities and tne~r board members e:~ployees and valu~teers. nforrnation r wired to exyrn eta thus ~ch~rJule, if not shown atianra, Vuiit tie sttav~ in th+e C~c~€~ra~ons .~. Section II - 4Nha is An Insured Fs amer~ied to tncEude as an additional insured th~c p+ersar~~s) ¢x c»`~nizai~n(s} ,e~tsown in the 5dt~eciuie, but Doty with respect ~ Ilaks~7ity ivr "bodily injury'", "property d~nage" or "persaraal and advrrtis~g artjury" cauaedl in whole or in part, lbY= 1. ~Ynur acts or c~rnissbns; or 2, The acl~ t>r vmassat~ta of th~ase acting on yoa~r ttehs~lf, In the perforntence of yc-ur rangcrirag aperat~ns ic-r leis additional ~tsured(s) at the kecettari~sy Idesig- nat~i abav+a. B. Wlth respect t+~ the m15,urarfce aflrc~rdacil to the$e addlt+unal insureds, the foltawa~g additiicrna) exGu- alone apply: E~~~IEN Thy insuraroca does gat apply to "'bodily injury' or "property dams~ge" occurring aibsr; 1, All work. lnctudarsg rr,aterials, parts or equip- rnlent furnished ~n connection vylttt such ~rork, ctn the project ~crther thatrt aervtce. matn~nanncae . or repairs tc+ tie pertortrse~i try ore tiehatf of tha ad~itian~ insur~d($} ~t th+e loosiMan the covered aperatior>s h~ been cornpl+Idt~ed; ar 2. That poctioc~ of "your work" au# aF rnrhiidt etas injury +cr dama~a allele teas bean put tita its arl- t+srtdad use by arty pa~on or oe~nfon Qthar than ano~sr oontractar ~ ratrac#ar erf gaged in perf+~rrning loperetbcrta far a princl~i ss a part orf 1~ same prajed. GG ~ ill tt7 ~ ~ l~t~ Praoerttes. inc.. 2U~ rJ~~E 4~JQv I~IIOIIII~ t~s~s i oi! 1 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunitv. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of 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 insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 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 Immunitv. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier 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 26 Appendix D City of Dubuque Contract Terms and Conditions 27 TERMS AND CONDITIONS The following clauses shall be included in the final signed contract: 1. CONSULTANT'S ENDORSEMENT ON PLANS. The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer, or licensed professional architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 2. CHANGE IN SCOPE OF SERVICES. No change in scope shall be permitted during this project without the prior written agreement of both parties and the WBS being updated. 3. SUBSTITUTION OF PROJECT TEAM MEMBERS. The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project may be changed if those personnel leave the Consultant. These personnel may also be changed for other reasons however, in either case, the City retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express, prior written permission of the City of Dubuque. 4. INSURANCE. Consultant shall at all times during the performance of this Agreement provide insurance as required by the attached Insurance Schedule. 5. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Consultant, Consultant's subcontractor, or anyone directly or indirectly employed by Consultant or Consultant subcontractor or anyone for whose acts Consultant or Consultant's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 6. ERRORS & OMISSIONS. In the event that the work product prepared by the Consultant is found to be in error and revision or reworking the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the City, even though 28 final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. 7. OWNERSHIP OF ENGINEERING DOCUMENTS. All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City and shall be delivered to the Project Manager upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitations on their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the City's sole risk and without liability or legal exposure to the Consultant. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 8. SUBLETTING, ASSIGNMENT OR TRANSFER. Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Engineer and approved by the City. 29 Appendix E Project Data -Enclosed CD has the following document: Dubuque Water Pollution Control Plant (WPCP) Facility Plan 30