Signed Contracts 3 16 09THE CITY OF
DUB E
1Vlczsterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: E. Daniel Brown, Fire Chief ~ p ~
SUBJECT: Ambulance Purchase
DATE: February 25, 2009
The FY2009 Capital Budget provides for the purchase of an ambulance. The requests
for quotes were sent out to 2 chassis vendors; Hawkeye Truck & Trailer and Truck
Country both of Dubuque. Hawkeye Truck & Trailer was the low price of $68,850 and
Truck Country submitted a price of $73,575; both vendors met the specification. I
recommend that the chassis be purchased from Hawkeye Truck & Trailer.
The second part of the ambulance chassis is for the body construction. Requests for
prices were sent out and 3 companies responded; Medtec of Sterling, Illinois,
Emergency Vehicle Sales 8~ Service of Sumner, Iowa and North Central Ambulance of
Lester Prairie, Minnesota. The prices ranged from $109,715 to $133,992. Emergency
Vehicle Sales & Service submitted the low price of $109,715 and met the specification.
I recommend purchasing the body from Emergency Vehicle Sales & Service. This total
comes to $179,855 for chassis and body; the budget has $222,348. The remainder of
the budget funds will be used to purchase equipment for this ambulance.
Vehicle Maintenance Supervisor Kevin Cornwell has reviewed the proposals and
concurs with the recommendation. I respectfully request your approval.
EDB/jl
THE CITY OF Dubuque
DT T~ ~ All-AmericaGil~
V ~~:
Masterpiece nn tl~e 11~ississi~pi .~ ~ - ~„
zoos
TO: Michael C. Van Milligen, City Manager
FROM: Steve Sampson Brown, Project Manager
DATE: March 2, 2009
SUBJECT: Water Pollution Control Plant Replacement Project
Sustainable Energy Consultant Services
Attached is the Agreement for Architectural and Project Plan Review for Energy
Efficiency and Renewable Energy Systems between Eco Smart Building, PC (aka
George Sullivan) and the City for the Water Pollution Control Plant Replacement
Project.
Finance Director Ken TeKippe has approved the Certificate of Liability Insurance to
ensure compliance with insurance guidelines; and City Attorney Barry Lindahl has
reviewed and approved the agreement.
Due to completion sensitivity, it is requested that you execute this copy to initiate the
services and return to the Engineering office. (Note: An original agreement will be
forthcoming.)
Attach.
Bui~oiN~,P~
Energy StarT'" Partner
PO Box 4154 Chicago iL 60654.773-2311-4462 • info tt ecasmartbuiiding.com • www.ecosmartbuilding.com
Agreement for Architectural and Project Plan Review
for Energy Efficiency and Renewable Energy Systems
Reference No. W WSDI0109
Scope of Work
Eco Smart Building, PC will provide architectural plan review for Energy Efficiency and Renewable Energy Systems to
The City of Dubuque, of Dubuque, IA, the Client, for the Water pollution Control Plant in Dubuque, lA. These services
shall include:
Preliar}nary
• Pre-assessment of rite project documentation to determine energy efficiency of the building design, air movement,
and thermal bypass from the architectural plan sal.
• Meeting with team. members for Project and Dubuque city departments.
• Assessment of renewable energy oplions for the Water Pollution Control Plaut
Scope.Phase
• Meet with the Glient at the initiation of the architectural plan set review.
• Document any change of scope, exh~as, or other adjustment of the plan set.
• Review modeling for the plan set to achieve Energy Star tax credits.
• Suggest and design passive and active renewable energy systems that will meet the cpntext for the client's project.
• Review all drawings and provide building shell, mechanical, electrical and plumbing speciFcations for fire project,
including active and passive renewable energy systems,
• Review all possible renewable energy systems, develop a list ofpossible options and present the list to the design
team to develop strategies to ensure we meet sll possiblo options far the project.
Glle-ri Resporrs1611111es
• Client agrees to provide wind data for the site to determine if wind would be part ofthe Renewable Energy Systems
for use in and around the plant.
• Client's design professional will submit the modified drawing to Eco ,Smart Building to enstu•e Energy Star
compliance and Renewable Energy System design,
• Client will provide a!I informaHott requested by Eco Smart Building to ensure proper modeling and development of
the project.
Terms end Conditions
Authot•ity
AI I of the services described shall be at the direction of the Client. The Client shall have final authority on the
selection of. products, methods, contractors, payment and other ntattnrs customarily within the discretion of the Owner.
',2isclaimer
These services do not constitute a building code compliance review, nor do wo reprrosent that suggested actions will
comply with the building code. The Client is advised to seek the opinion of the Dubuque Buiiding Department on specific
building code interpretations regarding compliance matters. No wan~anty or assurance of the cost to purchase or install,
performance, reliability, or durability of any material, equipment, or system that is a subject oftlrls work is implied or
given.
Standards
Products and materials that are installed shall be referenced to the appropriate industry standards for safety, durability,
energy saving, and other aspects of performance. The work of contractors shall beheld to a standard of best practice for
fire industry and for the type of work that is performed. Where available, besl pracllce standards shall be included in the
guidance material for work, or sha116a referenced in this material.
Agreement forArchitecluralReview-Pg, 1 oft
Change In Scope Of Services
1Qo change is scope shall be permitted during this project without the prior written agreement of both parties and the
WBS being updated.
Substitution of Project Team Members
The Project Manager, partners, management, other supervisory staffand technical specialists proposed for the project
maybe 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 proj act without express, prior written permission of the City of Dubuque..
Insarance
Consultant shall at all times during the performance of this Agreement provide insurance as required by the attacheed
Insurance Schedule.
IndemnlTicatioa
To the fullest extent permitted by ]aw, Consultant shall indemnify and hold harmless the City its officers, agents, and
employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising
out of or resuhing from performance of the Contract, provided that such claim, damages, loss or expense is sttr-butable 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
Cousulrant, ConsuNant's subcontractor, or anyone directly or indirectly employed by Consultnnt or Consultant
subcontractor or anyone for whose acts Consultant or Corrsultanr's subcontractor may be Gable, regardless of whether or
not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
Termination
City may terminate this agreement, with or without cause, upon providing 14 days
written notice to the Consultant.
Payment
The Client agrees to pay Eco Smart Building in the amount of $75,000.00. The cost of our proposal covers consulting
on design, specification and energy compliance for your project. Billing will be at a rate of $175.00 per hour for
archftectural services; 5200.00 per how for modeling of the building shell and mechanical systems; 5350.00 per hour for
engincering review and compliance to Energy Star standards, and Renewable Energy System selection and review. Travel
time will be billed at a rate of $50.00 per hour. Billable hours will be invoiced on a 14 day cycle against the contract
amount. All copying, faxing, mailing, travel (hotel, meals, transportation) and additional expenses will ba billed to the
client separately for reimbursement. Client will pay all expenses within two business weeks of receipt of bGling. Expenses
not paid within two weeks of receipt of billing will incur and additiana11.5% fee to the total amount due.
Limitation of Liability
Arbitration: Any dispute arising under this agreement will be submitted to binding arbitration in Chicago,lllinois in
accordance. with the arbitration rules ofthe American Arbitration Association. Severability: if anyprvvision ofthis
contract is held to be invalid or unenforceable, the remaining provisions shall remain in effect. Entire Agreement: This
writing constitutes the entire agreement between the parties relating to the work and services herein described. It shall be
governed by the laws of the State of Iowa and shall not be changed in any other manner except by bilateral agreement
executed by both Eco Smart Building and the Client.
IN WITNESS WHEREOF, the parties have signed this agreement on the day and year first below written and the
endividuals signing hereto warrant that they have authority to sign for and on behalf of the respective parties.
ACCEPTED AND AGREED TO THIS ACCEPTED ND AGREED TO THIS
Date• ~ ' .z ~ O q Date: ~~~/(
.. _ ...
Eco Stna ui ding, PC Iv1r. Michael C. Van Milligan, City Manager
Agreement for Architectural Review -- Pg. 2 of 2
T !
INSURANCE SCHEDULE C
1NSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE
CITY OF DUBUQUE
1. 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 Certificates of Insurance required hereunder shall provide a thirty (30) day notice
of cancellation to the City of Dubuque, except for a ten (10) day notice for non-
payment, if cancellation is prior to the expiration date.
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 upon request, provide Certificates of Insurance for all
subcontractors and sub-sub contractors who perform work or services pursuant to
the provisions of this contract, Said certificates shall meet the 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
Each Occurrence Limit $1,000,000
Fire Damage limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
1 of 2 January 2008
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 atiached.
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
Ensured on General Liability including "ongoing operations" coverage equivalent
to ISO CG 20 10 07 Oa.
b) Automobile $1.000,000 combined sinele limit.
c) WORKERS COMPENSATION 8 EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
Each Accident $ 100,000
Each Employee Disease $ 100,000
Policy Limit Disease $ 500,000
d) PROFESSIONAL LIABILITY $1,000,000
e) UMBRELLA/EXCESS LIABILITY "
`Coverage and/or limit of liability to be determined on a case-by-case basis by
Finance Director.
Completion Checklist
^ Certificate of Liability Insurance (2 pages)
^ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages)
^ Additional Insured CG 20 10 07 04
^ Governmental Immunities Endorsement
2 of 2 January 2008
A~
CERTIFICATE QF LIABIL ITY INSURANCE °"'~I1A1YO0"""'
~ 12 7 2007
PROpueeR (563) 123-4567 FAx (563) 967-6543 THIS CERTIFICATE IS ISSUED A9 A MATTER OF INFORMATION
Inaurenco Agoncy ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER- THIS CERTIFICATE DOES NOT AMEND EXTEND OR
9tT:'siot Address LTER THE C ERAOE A DED BY THE POLICIES BELOW.
Cit ST Zi Code INSURERSAFFORDINpCOYERAGE NAICF
INSURED INSUREAA ITLaUr3iLC6 G'Om An
Company INSURER B:
tr'6et INSURER C:
IN8UR Ra
Ci $t Zi COCIE- INSURER i;
IHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00 INDICATED. NOTNATHSTANOINGAHY
REQUIREMENT, TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT VVRN RESPECT TO WHICH THIS CERTIFlCATE MAY BE ISSUED OR MAY PERTAIN
,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER1A5, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
.
AGGREGATE LIMITS SHOWN IrfAY HAVE BEEN REDUCED BY PAID CLAIMS,
INBR DD'
N
TYPE OFINSUMNCE
POLICY NUaBFA POLICY iFFSCTVi
DATE NNYD POLICY EXPIM710N
DATE MMfD
UYfT9
OENlMLLIABiLITY EACH C URRENCE i 1,000,000
X COMMERCIAL GENERAL LVIBILITY DAMAGE REN
PREMISES Es oesurexs
S 50,000
A 7C CWMSMADE ~ OCCUR MEOEIIP A one S 5,000
PERSONALaADVIN 000
000
S 1
JUAY ,
,
GENERAL AGGREGATE 000
000
f 2
GENL AGGREGATE LpMpppITMPUEB PER: PRODUCTS-C MPJDP AaG ,
.
s l,DOO, oao
POLICY X JECT LOC
AU TOMOBlL! LIABILITY
COMBfVED SINGLE LMR
f
s 1
OOO
0 OO
X ANY AUTO I
s acddea) ,
,
A ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) S
HfiEO AUTO$ BODILY INJURY
NON-0VVNED AUTOS IPar acdd.nl) i
PROPERTY DAMAGE
(Per aeCldenl) i
GAMOE LUlBlllT1• AUTO ONLY • FAACGIOENT =
ANY AUTO OTHERIHAN EA AC 3
AUTO ONLY:
AGG S
A EXCESSAIMBRFI.LA LIABILITY EA H f 1, 000, 000
X OCCUR CLAIMS MADE AGGREGATE = 1, GOO, OOO
f
DEDUCTIBLE ~e S
X RETENTION f D
S
A YJORi(ERS CONPENSATON AND -
ENPIOYEAS LIABILITY 1~ X
ANY PROPRIETORlPARTNERA:XECUTIVE
OFFI
E ~ S E.L EACH ACCIDENT S LOO, OOO
C
RA:IEMBEREXCLUDED7
N yeA Eeselms antler O
~ E.LD18FA8E-FAEMPLOYE f IOO,000
SPECIAL PROVISIDN56ebw E.L OISEASE•POLICY LEAT S SOO,000
p, oTNER professional
$1,090,000
Liability
DESCRIPTION OF OPERATIONSILOCATONSNENICLEl7l.1fCLUB10NS ADO£D EY ENOORBEMENTIEPECIAL pR0V1610N9
The City of Dubuque is an additional insured on general liability polieiaa including ongoing i colfplatad operations
sous=age equivalent to ISO CG 2010 0704 i CG 2037 0704. Geaesal Liability policy ie prinery 6 nan-contributing. Form
CG 2501 0397 "Designated Locntione" general 11abi11ty aggregate limit is included. Governmental its®unities endoYaemant
ie illcluded-
CERTIFICATE HOLDER nau,+el r ~*Inu
SHOULD ANY OF TNi ABOVE pESCIUBED POUGES BE CANCELLED BEFORE THE
City of Dubuque
50 Woat 13th street EXPIMTON DATE THEREOF, THE 189UING INSURER VNLL ENDEAVOR TO MAIL
DLJbuqua, IA 52O D 1 3O DAYS WRITTEN NOTICE Tn THE DERTIFICATE HOLDER MANED TO THE LERT, BUT
pAILURE TO DD BO 9MLL BIIPOSE NO OBUOATON OR LIA&LITY OF ANY HIND UPON 1ME
INSURE ITS AGENTS REPRQSBNTATVpS.
AUTHORIZED RCPRESENTATNE
""""" `° If°°1°O) ®ACORD CORPORATION 1868
INS0261oIOBLpB AMS VMp Motilpepe SolLLione, Inc. (800)327.OSe5
Pape 1 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, iha policy(les) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in Ileu of such endorsement(s}.
If SUBROGATION 15 WAIVED, subject to the terms end conditions of the policy, certain policies may require an
endorsement. A statement on this tertlficete doss not confer rights to the certificate holder In lieu of such
endorsement(s).
DISCLAIMER
The Gertificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon,
N
C~
e
Sp
s~~ ~o~-~
~~
Acoao zs;sot»roai
IN5026toioa~ae AMS rpozor2
_ _ l_ _
POLICY NUMBER:
COMMERCIAL GENERAL LIAt3tUTY
CG 25 04 03 8T
THl5 ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED LOCATION{S)
GENERAL AGGREGATE LIMIT
This endorsemenYmodifres Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Location(s):
ANY AND ALL COVERED LOCATIONS
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
A. For all sums which the insured becomes legally the Declarations nor shall they reduce any
obligated to pay as damages caused by "occur- other Designated Location General Aggre-
rences" under COVERAGE A (SECTION 1), and gate Limit for any other designated "bcetion"
for all medical expanses caused by accidents shown in the Schedule above,
under COVERAGE C (SECTION 1), which can be 4. The limps shown in the Declarations for Each
attributed only to operations at a single deslg- Occurrence, Fire Damage and Medical Ex-
nated "location" shown in the Schedule above: pence continue to apply. However, Instead of
1, A separate Designated Location General being subject to the General Aggregate Limit
Aggregate LIm1t appUes to each designated shown In the Declarations, such limps will be
"location", and that limit is equal to the subject to the applicable Designated Location
amount of the General Aggregate Limit General Aggregate Limit.
shown in the Declarations. B. For all sums which the insured becomes legally
2. The Designated Location General Aggregate obligated to pay as damages caused by "oxur-
Limit is the most we will pay for the sum of all rences" under COVERAGE A (SECTION 1), and
damages under COVERAGE A, except dam- for all medical expenses caused by accidents
ages because of "bodily injury" or "property under COVERAGE C (SECTION !), which can-
damage" included in the "products-completed not be attributed only to operations at a single
operations hazard", and for medical expenses designated "location" shown in the Schedule
under COVERAGE C regardless of the num- above:
bar of: 1. Any payments made under COVERAGE A for
a. insureds; damages or under COVERAGE C for medical
b. Claims made or "suits' Brought; or expenses shall reduce the amount available
under the General Aggregate Limit or the
c. Persons or or anizations makin claims 9r
9 9 Products-Completed Operations Aggregate
bringing "suits". Limit, whichever is applicable; and
3. Any payments made under COVERAGE A for 2. Such payments shall not reduce any Desig-
damages or under COVERAGE C for medical natPd Location General Aggregate limit.
expenses shall reduce the Designated Loca-
tion General Aggregate Llmlt for that desig-
nated "location". Such payments shall not re-
duce the General Aggregate Limit shown In
GG 25 04 03 9T Page 1 of 2
CG Z5 04 03 97
C. When coverage for liability arising out of the
"products-completed operations hazard" is pro-
vided, any payments for damages because of
"bodily Injury" or "property damage" included In
the "products-completed operations hazard" will
reduce the Products-Completed Operations Ag-
gregate Limit, and not reduce the General Ag-
gregate Limit nor the Designated Location Gen-
eral Aggregate Limit.
d. For the purposes of this endorsement, the Defi-
nitions Section is amended by the addition of
the following definition:
"Location" means premises involving the same or
connecting lots, or premises whose connectlon is
interrupted only by a street, roadway, waterway
or right-of-way of a railroad.
E. The provisions of Limits Of Insurance (SECTION
Ill) not otherwise modified by this endorsement
shall continue to apply as stipulated,
Copyright, Insurance Services Office, Inc., 1996
Page 2 of 2 CG 25 04 03 97
POLICY NUMBER:
COMMERCIAL GENERAL LlA81LIT'Y
CG 20 10 07 D4
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED -OWNERS, LESSEES OR
CONTRACTORS -SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILI"CY COVERAGE PART
SCHEDULE
Noma Of Additional In:urad Person{s)
Or Or anixation s
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.
Location(s) Of Covered Oparatlona
Information re wired to com lets this Schedule, if not shown above wid be shown in the Declarations,
A. Section II -Who Is An Insured Is amended to
include as an additional insured the persons} or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. fhe acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional Insureds) at the location(s) desig-
nated above.
B. With respect to the Insurance afforded to these
additlona! insureds, the following additional exclu-
sions apply;
This insurance does not apply to "bodily injury" or
"lii:Jf.ci'iy dnii~n%J.6" QCCURInr~ Sftvi:
CG 20 10 O7 04 Page 1 of 2
~ T
1. All work, including materials, parts or equip-
ment fumished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or an behalf of
the additional insureds} at the location of the
covered operations has been completed; or
2. That portion of 'your work" out of which the
Injury or damage arises has been put to its in-
tended use by any person or organlzallon
other than another contractor or subcontractor
engaged in performing operations (ar a prfnci-
pal as a part of the same project.
Ail terms aed eond{tfons of this policy apply unlQSS modl(led by this endorsement
Page 2 of 2 ~ ISO Properties, Inc., 2004 CG ZO 10 07 04
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nanwaiver of Governmental Immunity The insurance carrier expressly agrees and
states that the purchase of this policy and the including of the City of Dubuque, Iowa
as an Additional Insured does not waive any of the defenses of governmental
immunity available to the City of Dubuque, Iowa under Code of Iowa Section 870.4
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 ~lowa Section 670.4 shall be
covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity The City of Dubuque, Iowa shall be responsible
for asserting any defense of governmental immunity, and may do so at any time and
shall do so upon the timely written request of the insurance carrier.
4. Nan-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 far 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
1 of 1 January 2008