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Signed Contract_Blackstone Environmental_Morrison Brothers Building Copyrighted July 2, 2018 City of Dubuque Consent Items # 25. ITEM TITLE: Signed Contract(s) SUMMARY: Blackstone Environmental, Inc., to provide professional environmental consulting services to the City of Dubuque related to an environmental assessment review of the Morrison Brothers' 24th Street facility. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File 1 June 28, 2018 Mr. Steve Sampson Brown, Mr. Barry Lindahl City of Dubuque 50 West 13th Street Dubuque, IA 52001 RE: Morrison Brothers Environmental Assessment Review Dear Sirs: P4BLACKSTONE 1 ENVIRONMENTAL Blackstone Environmental, Inc. (Blackstone) is pleased to present this proposal to provide environmental review services to the City of Dubuque. This proposal includes on-call environmental services at the request of the City for this site. PROJECT UNDERSTANDING Blackstone will review environmental assessments associated with Morrison Brothers -owned and City of Dubuque -owned property generally bounded by Comiskey Park (formerly Washington Street), Elm, East 25th, and East 24th Streets in Dubuque, Iowa. Blackstone will assist the City in determining whether delineation of contamination associated with Morrison Brothers historical operations is suitably protective for the City's planned expansion of Comiskey Park eastward to abut the Morrison Brothers -owned industrial property and City of Dubuque underground utilities in adjacent street right-of-way. SCOPE OF WORK On-call environmental services at the request of the City of Dubuque for the Morrison Brothers site. COST PROPOSAL Blackstone proposes to provide on-call environmental services on a time and materials basis not to exceed $7,000. This letter represents our contractual relationship with the City of Dubuque to provide the Scope of Services described herein. This work will be performed under the attached Terms and Conditions. Please review this information and provide your signature on the Notice -to -Proceed block below signifying your approval. Blackstone Environmental, Inc. PO Box 2989, Iowa City, IA 52244 II www.blackstone-env.com © 2018 Blackstone Environmental, Inc. Page 1 of 3 June 28, 2018 City of Dubuque, Iowa ' � ENVIRONMENTAL Mr. Steve Sampson Brown, Mr. Barry Lindahl BLACKSTONE Blackstone Proposal for Morrison Brothers Environmental Assessment Review We look forward to assisting you with this project. If you have any questions, please contact Emily Smart at 319.331.1577. Respectfully, BLACKSTONE ENVIRONMENTAL, INC. Emily Smart, CGP, PG Project Manager Enclosures Blackstone Fee Schedule Blackstone Terms and Conditions Blackstone Certificate of Insurance City of Dubuque Consent Decree Scott Mattes, P.E., CIH Senior Project Manager Blackstone Environmental, Inc. 11 PO Box 2989, Iowa City, IA 52244 11 www.blackstone-env.com © 2018 Blackstone Environmental, Inc. Page 2 of 3 June 28, 2018 Mr. Steve Sampson Brown, Mr. Barry Lindahl I BLACKSTONE City of Dubuque, Iowa • ENVIRONMENTAL Blackstone Proposal for Morrison Brothers Environmental Assessment Review NOTICE TO PROCEED - ACCEPTANCE OF AGREEMENT Proposal for Morrison Brothers Environmental Assessment Review Blackstone Project No. 1894 Charges will be billed to the undersigned. By signing this agreement, you accept the terms and conditions of this proposal with the attached Blackstone Terms and Conditions. By signing, you are confirming that you are authorized to enter into this agreement on behalf of the City of Dubuque. BY: rJ -- L (K WI - FOR: City of Dubuque, Iowa (Print Name of Indivi. - ) (Print Name of City) SIGNATURE: DATE: 672-g//8 Please return a signed Notice -to -Proceed for our records to: Emily Smart at esmartna blackstone-env.com Blackstone Environmental, Inc. 11 PO Box 2989, Iowa City, IA 52244 11 www.blackstone-env.com © 2018 Blackstone Environmental, Inc. Page 3 of 3 June 28, 2018 1 :BLACKSTONE 111ENVIRONMENTAL Blackstone Environmental, Inc. FEE SCHEDULE Effective: June 2018 Personnel Administrative 1 $65.00 per hour Administrative II $70.00 per hour Drafter I/ CADD Operator $70.00 per hour Technician I $60.00 per hour Technician II $65.00 per hour Technician III $70.00 per hour Professional 1 $75.00 per hour Professional 11 $80.00 per hour Professional III $85.00 per hour Professional IV $90.00 per hour Project Manager I $95.00 per hour Project Manager 11 $100.00 per hour Project Manager 111 $110.00 per hour Project Manager IV $120.00 per hour Senior Project Manager I $130.00 per hour Senior Project Manager 11 $140.00 per hour Senior Project Manager 111 $150.00 per hour Senior Project Manager IV $160.00 per hour Senior Project Manager V $170.00 per hour Senior Technical Professional $180.00 per hour Senior Technical Consultant $195.00 per hour Air Services Professional I $130.00 per hour Air Services Professional II $160.00 per hour Air Services Professional 111 $195.00 per hour Air Services Professional IV $210.00 per hour Principal $195.00 per hour Principal Consultant $210.00 per hour Expert Witness (Depositions) $300.00 per hour Note: Increase hourly rate by 1.3 for Saturday, Sunday and holiday work or off -shift work when required by client. Overtime is defined as all hours over 8 hours per day, all weekend and holiday work. Subcontracted Services, Equipment, Supplies, and Expenses Subcontracted Services Cost plus 15% CADD Equipment $10.00 per hour Expenses/ Shipping/ Miscellaneous Charges Cost plus 15% Support Vehicle $0.75 per mile Company Truck $40.00 per day plus $0.75 per mile Rental Vehicle Cost plus 15% Airfare Cost plus 15% Meal Allowance (Full Day/ Half Day) $40.00/ $20.00 per day Per Diem (Overnight stay) $125.00 per day Nuclear Density Gauge $50.00 per day Expendable Equipment, Supplies & Rentals Cost + 15% Technology Fee 1% of Labor Cost 1 BLACKSTONE ENVIRONMENTAL BLACKS BLACKSTONE ENVIRONMENTAL, INC. GENERAL TERMS AND CONDITIONS FOR PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES CITY OF DUBUQUE, IOWA The following terms and conditions are a material part of the Proposal and Client acknowledges it has read and understands the following terms and conditions: 1. SCOPE OF SERVICES: Blackstone Environmental, Inc. (Blackstone) will perform the services ("Services") set forth in the proposal for this Project, of which these terms and conditions are a material part. Initiation of services by Blackstone will automatically incorporate these terms and conditions into this Project. 2. PAYMENTS: Blackstone will submit invoices to Client monthly and a final bill upon completion of the Services described in this Proposal. Time is of the essence in payment of invoices and timely payment is a material part of the consideration of this Agreement. Payment is due upon presentation of invoice and is past due 30 days from the date of invoice. Client shall pay all costs and expenses, including reasonable attorney's fees, incurred by Blackstone for any collection efforts, lawsuits, or proceedings due to Client's failure to pay Blackstone or Client's failure to comply with this Proposal. Any past due amounts shall accrue interest at the rate of 1.5% per month until paid. 3. USE OF DOCUMENTS: All documents and information prepared by Blackstone are considered instruments of service for Client's use only and applicable to this specific Project based on conditions present at the time of Blackstone Services. Any use by Client without written verification or adaptation by Blackstone for the specific purpose for which it is intended will be at Client's sole risk and without legal liability or exposure to Blackstone. 4. INSURANCE: Blackstone will maintain insurance as described in the attached Insurance Schedule as such Insurance Schedule may from time to time be revised by Client An insurance certificate will be provided prior to the commencement of any work by Blackstone. 5. INDEMNITY: Blackstone will indemnify and hold Client harmless for loss, expense, damage, or injury to the extent the same arises out of an act or omission due to the willful misconduct or negligence of Blackstone or any of its employees, subcontractors, or agents related to the performance of the Services, subject, however, to the Limitation of Liability provision described below. Client will indemnify, defend, and hold Blackstone harmless for loss, damage, or injury arising out of the negligent acts or omissions of Client, or its agents, contractors, consultants, or employees, in connection with the Project. 6. LIMITATION OF LIABILITY/WAIVER: Blackstone's liability to Client in the performance of the services and work described above shall not exceed Company's available insurance coverage at the time the claim is filed as listed in the enclosures of this agreement. Client hereby releases and waives Blackstone (and its employees, agent, and contractors) from any liability above such amount. 7. SAFETY: Blackstone is not responsible or liable for injuries or damages incurred by third parties who are not employees, subcontractors, or agents of Blackstone. Unless otherwise agreed to in writing, it is agreed that Blackstone is not responsible for job or site safety on this Project. Unless otherwise agreed to in writing, job site safety in, on, or about the site is the sole and exclusive responsibility of the Client and its contractors, employees, or representatives. 8. THIRD PARTY RELIANCE: All documents produced by Blackstone are for Client's use only. At Client's request, Blackstone may provide a letter authorizing limited reliance on certain documents by a third party, but only if the third party agrees to be bound by the terms and conditions in this Agreement between Blackstone and Client. Blackstone's work and services are for the sole benefit of Client and nothing herein expressed or implied should provide any benefit to any third party or entitle any third party to any claim, cause of action, remedy or right of any kind, it being the intent of the parties hereto that this Proposal and the work and services to be performed is not to be construed as a third party beneficiary contract. 9. UTILITIES AND SUBTERRANEAN STRUCTURES: Blackstone will take reasonable precautions to avoid causing damage to utilities and subterranean structures. Blackstone is not responsible for any loss, damage, or injury arising from damage to, or contact with, any utilities or subterranean structures that were not properly called to Blackstone's attention, were not properly located on drawings, were caused by the providing of inaccurate or incomplete information regarding their location, or were not locatable by the taking of reasonable 1 1 POI BLACKSTONE ENVIRONMENTAL precautions by Blackstone. Blackstone agrees to follow Iowa Code Chapter 480 regulations regarding Iowa One -Call procedures. 10. CHANGED CONDITIONS: If, during the performance of this Agreement, unexpected conditions or circumstances are discovered, Blackstone will notify Client and the parties will renegotiate the scope and price of this Proposal. Blackstone and Client will promptly and in good faith enter into a negotiation process to establish the new terms for Blackstone's Services. If renegotiated terms cannot be agreed to, Blackstone will have the right to terminate this Agreement without penalty. Blackstone shall not be liable for failure to perform the Services when such performance is substantially hindered or prevented by an occurrence beyond the control and without the fault or negligence of Blackstone. 11. DISPUTES: If a dispute arises, Blackstone and Client agree that they will make a reasonable, good faith effort to resolve the dispute prior to either commencing legal action or terminating this Proposal. The parties agree to meet with senior management who are authorized to act on their behalf participating in order to resolve their differences until such time as the meetings are not productive or have no reasonable probability of resolving the dispute. 12. TESTING AND OBSERVATION SERVICES: This section will apply if Blackstone is hired by Client to provide a site representative for the purpose of testing or observing specific portions of the work. This work will not include supervision or direction of the actual work of any contractors, their employees, or agents. Blackstone will observe the portion of the work Blackstone has been hired for and perform tests, the results being delivered to Client, or others if directed by Client. Even with very careful field testing and observation, Client understands that field testing and observation is conducted to reduce, not eliminate, the risk of problems arising and that providing these services does not create a warranty or guarantee of any type. 13. SOIL BORING AND TEST LOCATIONS: The accuracy of test locations and elevations will be commensurate only with pacing and approximate measurements or estimates. Client must hire a professional surveyor if greater accuracy is required or desired. Blackstone reserves the right to deviate a reasonable distance from the boring and test locations unless this right is specifically revoked in writing. 14. HAZARDOUS MATERIALS: Hazardous materials may be found at the Project site as a result of Blackstone's Services. Blackstone will not take title to hazardous materials found at any Project site and any risk of loss with respect to such materials shall remain with the Client or Project site owner. Blackstone shall not be considered the generator of such materials. Blackstone may assist the Client or Project site owner with characterization, removal -and lawful disposition of hazardous materials encountered, including samples, cuttings and other potential hazardous materials generated or encountered; however, the owner of the hazardous materials shall execute all manifests as the generator of such materials and be liable for the arrangement, transportation, treatment, and/or disposal of all material. Client indemnifies and holds Blackstone harmless for, from, and against any claim, action, or proceeding against Blackstone arising out of the presence of hazardous materials at the Project. 15. ON SITE SERVICES: Project site visits by Blackstone, or the furnishing of employees to work on the Project, will not make Blackstone responsible for construction means, methods, techniques, or procedures, or for any construction contractor's failure to perform its work in accordance with the drawings and specifications. 16. TERMINATION: Blackstone's Services may be terminated at any time by Blackstone or by Client with or without cause. Client shall pay Blackstone all amounts due for all Services properly rendered and expenses incurred to the date of receipt of notice of termination, plus necessary costs incurred by Blackstone in terminating the Services. 17. SEVERABILITY: If any provision contained in this Agreement is held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 18. GENERAL RESPONSIBILITIES OF CLIENT: Prior to Blackstone's obligation to commence the Services, Client shall deliver to Blackstone all available information in Client's possession pertinent to the Project. Except as otherwise indicated by Client at the time of delivery of the information, Blackstone may rely on the information provided as being accurate without independent verification. Client will provide prompt written notice to Blackstone whenever Client observes or otherwise becomes aware of any defect in Blackstone's Services. Client will make best efforts to arrange for access to public and private property as required for Blackstone to provide its Services. Blackstone Environmental, Inc. P.O. Box 2989 Iowa City, IA 2 1 Pig BLACKSTONE ENVIRONMENTAL 19. ENTIRE AGREEMENT: This Proposal (together with these Terms and Conditions) contains the entire agreement between Blackstone and Client relative to the scope of Blackstone's Services. Once this Proposal is executed by Blackstone and Client, this Proposal becomes a binding, legal contract between the parties. All prior or contemporaneous agreements, representations, promises, and conditions relating to Blackstone Services are merged into this Proposal. Since terms contained in purchase orders do not generally apply to professional services, in the event Client issues to Blackstone a purchase order, no preprinted terms thereon will become part of this Agreement. Said purchase order document, whether or not signed by Blackstone, shall be considered a document for Client's internal management of its operations and shall not be deemed to modify the terms herein. 20. VENUE AND JURISDICTION: In the event of any lawsuit filed in connection with this Proposal or Blackstone's Services, the parties agree and consent that venue and jurisdiction shall be in the Iowa District Court for Dubuque County, Iowa. 21. NO WARRANTIES: All Blackstone Services will be performed consistent with the professional skill and care expected of an environmental engineering firm. In all other respects, Blackstone disclaims any and all implied or express warranties or representations concerning its Services. Client hereby waives and releases any claims or actions against Blackstone arising out of an alleged breach of implied or expressed warranties or representations in connection with Blackstone's Services. Blackstone Environmental, Inc. P.O. Box 2989 Iowa City, IA 3 BLACENV-01 S1JSTPIERRE A41114 oRL CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/23/2018 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 AssuredPartners 4435 Main St., 4th Floor Kansas City, MO 64111 CONTACT NAME: PHONE FAX (A/C, No, Ext): (913) 831-1777 1 (AIC, No):(913) 831-4730 E-MAIL ADDRESS:] oelle_s srains.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Continental Casualty 20443 INSURED Blackstone Environmental, Inc. 16200 Foster Street Overland Park, KS 66085 INSURER B : Sentinel Insurance Co Ltd 11000 INSURER c : Valley Forge Insurance Co. 20508 INSURER D : Landmark American Insurance Co 33138 INSURER E : INSURER F: X COVERAGES CERTIFICATE • 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE IADDL N SD R VWD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6020892496 06/01/2018 06/01/2019 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR 'REMISESO(Ea ocur ence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GE 'L AGGREGATE POLICY OTHER: X LIMIT APPLIES JE PER: LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 B AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY SCHEDULED AUTOS NON-OWNEDUUTO 37UECZT2639 06/01/2018 06/01/2019 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Peri accidentDAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 6023835646 06/01/2018 06/01/2019 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A X WC6019960213 05/06/2018 05/06/2019 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L.DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ D D Prof/Pollution Prof/Pollution LHC769879 LHC769879 06/01/2018 06/01/2018 06/01/2019 06/01/2019 each limit Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Dubuque including all its elected and appointed officials, all its employees and volunteers, all its boards, commission and/or authorities and their board members, employees and volunteers are named as Primary & Non -Contributory Additional Insureds as respects General Liability as required in written contract. Waiver of Subrogation applies where allowed by law. We will waive, both in the adjustment of claims and in the defense of "suits" against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. CERTIFICATE HOLDER CANCELLATION City of Dubuque 50 W. 13th Street Dubuque, IA 52001 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Finance Director. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project # or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to certificate of insurance. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Finance Director and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. Page 1 of 4 Schedule J Professional Services November 2017 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the standard ISO commercial general liability form CG 0001, or business owners form BP 0002, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project (s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2026. 6) Policy shall include Waiver of Right to Recover from Others endorsement. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Coverage B Statutory—State of Iowa Employers Liability Each Accident Each Employee -Disease Policy Limit -Disease $100,000 $100,000 $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Nonelection of Workers' Compensation or Employers' Liability Coverage under Iowa Code sec. 87.22 yes form attached Page 2 of 4 Schedule J Professional Services November 2017 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) D) UMBRELLA/EXCESS LIABILITY $1,000,000 Umbrella/excess liability coverage must be at least following form with the underlying policies included herein. E) PROFESSIONAL LIABILITY $1,000,000 Provide evidence of coverage for 5 years after completion of project. F) CYBER LIABILITY $1,000,000 yes no Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 3 of 4 Schedule J Professional Services November 2017 City of Dubuque Insurance Requirements for Professional Services PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule J Professional Services November 2017 Certification by Contractor or Consultant The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of the Contractor or Consultant, certifies to the City of Dubuque as follows: 1. I have received a copy of the Consent Decree in the case of The United States of America, and the Sate of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V0041, DOJ Case Number 90-5-14-09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents, reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. The Contractor or Consultant agrees to indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, cost and fees as provided in the Consent Decree, that are caused by the negligence of the Contractor's or Consultant's failure to comply with the Consent Decree.. Contactor or Consultant: Blackstone Environmental, Inc. By: Alk- ' i 3t /u \ Date: March 16, 2018 \, s Returned signed copy to: Denise Ihrig, PE Engineering Department 50 W 13th Street Dubuque, IA 52001 Dihrig@cityofdubuque.org Its: Project Manager