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Bee Branch Gate and Pump Station Replacement Project_IIW P.C. Engineering Services Agreement Copyrighted July 15, 2019 City of Dubuque Consent Items # 11. ITEM TITLE: Bee Branch Gate and Pump Station Replacement Project- I I W, P.C. Engineering Services Agreement SUM MARY: City Manager recommending that the City enter into an agreement with I I W, P.C. for design and engineering services for the Bee Branch Flood Control Pumping Station Gate and Pump Replacement Project. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type Bee Branch Flood Control Pumping Station Gate& City Manager Memo Pump Replacement-MVM Memo Staff Memo Staff Memo Agreement Supporting Documentation Task Order 19-01 Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Flood Control Pumping Station Gate & Pump Replacement Project — Phase 5 of the Bee Branch Watershed Flood Mitigation Project (CIP#'s 3402608 and 7202608) DATE: July 11, 2019 City Engineer Gus Psihoyos recommends that the City enter into an agreement with IIW, P.C. for design and engineering services for the Bee Branch Flood Control Pumping Station Gate and Pump Replacement Project. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF �� D...� A,�.������ UB E '� �� �A' �l Maste iece on the Mississi i Zao��Zo12•2�,3 � pp zoi��zoig TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer . �._. � SUBJECT: Bee Branch Flood Control Pumping Station Gate & Pump Replacement Project— Phase 5 of the Bee Branch Watershed Flood Mitigation Project (CIP#'s 3402608 and 7202608) Consulting Engineering Scope of Services Recommendation DATE: July 9, 2019 INTRODUCTION The purpose of this memorandum is to recommend that the City enter into an agreement with IIW, P.C. for design and engineering services for the Bee Branch Flood Control Pumping Station Gate and Pump Replacement Project (Project). BACKGROUND In December of 2001, the City Council formally adopted the Drainage Basin Master Plan prepared by HDR Engineering. Based on the study, approximately 1,150 homes and businesses in the Bee Branch watershed are at risk of flood damage. On November 18, 2013 the City Council passed Resolution 335-13 adopting the 2013 Drainage Basin Master Plan Amendment. The amended Drainage Basin Master Plan outlined several improvements throughout the Bee Branch watershed to mitigate the effects of future flooding and disasters. Collectively, th� iir�provements form the basis nf the Bee Branch Watershed Flood Mitigation Project outlined in Table 1 below. Phase 5 is the Bee Branch Gate Replacement improvements. Table 1. Twelve phases of the Bee Branch Watershed Flood Mitigation Project Phase Description 1 Carter Road Detention Basin Complete 2 West 32�d Street Detention Basin Complete 3 Historic Millwork District Complete 4 Lower Bee Branch Creek Restoration Functional 5 Flood Mitigation Gate Replacement Und�r Design 6 Impervious Surface Reduction (Green Alleys) Under Construction 7 Upper Bee Branch Creek Restoration Complete g 22na Street Storm Sewer Improvements Under Design/Construction 9 Flood Mitigation Maintenance Facility 10 North End Storm Sewer Improvements 11 Water Plant Flood Protection 12 17t" Street Storm Sewer Improvements Under Design/Construction With a total estimated cost of$232 million, the Bee Branch Watershed Flood Mitigation Project will prevent an estimated $582 million in damages over the 100-year design life of the project. With more than $160 million in funding assistance, for every dollar invested by Dubuque citizens it will prevent more than eight dollars in flood damage. Combined, the FY15 and FY16 CIP budgets established $2,100,000 to replace the flood gates associated with the 16t" Street (Bee Branch) Pumping Station. In December of 2015, the City Council authorized the hiring of IIW, P.C. for design and engineering services for the Bee Branch Gate Replacement Project. In addition, IIW was to design improvements to the electrical system that energizes the pump station. Finally, IIW was to identify and investigate possible modifications to the existing 16'n infrastructure that would "provide additional means for releasing water from the Bee Branch retention under various circumstances such as when the gates are open, when they are closed, and depending on the river stage." In April of 2017, IIW presented a series of possible enhancements that improved access to the facility; an updated, more reliable electrical service; and provided space for the use of additional, temporary pumps to augment the existing, permanent pumps. The estimated cost for the improvements exceeded $3.3 million, considerably more than the budget. Due to the record rainfalls in 2010 and 2011 that have impacted the Bee Branch Watershed, it was prudent to consider if even the modest improvements were sufficient. Therefore, the City reached out the US Army Corp of Engineers (USACE) for possible assistance. The initial response was that the USACE might be able to partner with the City but that the timing of the project would be delayed with federal USACE funding levels an uncertainty. Since then, IIW worked with Engineering and Public Works staff to further develop improvements to the facility that would indeed improve drainage when the gates are open and when operating under Mississippi "flood" conditions when the gates are closed. As outlined in IIW's Bee Branch Stormwater Pumping Station Preliminary Engineering Report, five alternative options were evaluated. The preferred alternative includes the: • Replacement of the existing flood gates; • Installation of an additional flood gate; • Replacement of the existing flood pumps and installation of additional pumps; • Replacement and updating of the electrical service to current standards; • Installation on an additional back-up generator for the additional pumps to address the needed resiliency being demanded by the storms of recent years, including the July 2017 storm event. This alternative was chosen because it best addresses the flooding that has been occurring since 1999. It also provides for additional resiliency options as rainstorms increase in both depth and intensity. For example, it provides for additional space for a third culvert from the basin to the Mississippi River. The flood gates will be constructed on the basin side of the levee. This design would allow for the pumps to operate more efficiently. It also eliminates the environmental � concerns associated with the Higgins Eye Clams found on the river side of the levee. The design further eliminates the challenge of maintaining flood protection during construction. The two existing 90,000 gpm pumps that are more than 50 years old will be replaced and two additional new pumps will be added. This allows for redundancy in the event of a pump failure. It also provides the capacity to handle rainstorms such as of the 2010 and 2011 storm events. There is an existing back-up generator in place that provides back-up power for the existing flood pumps. That generator is relatively new and will remain in place and a second generator will be installed for the new pumps being added. This not only provides the back-up power, but allows for redundancy in the event that one of the generators fails during a storm event. The cost of the proposed improvemPnts are as follows: Enqineer's Estimate Construction Contract $ 8,700,000.00 Contingency 435,000.00 Engineering 1 300 000.00 1 �435,Q00.00 In December of 2018, the City Council adopted Resolution 368-18, approving an application for $4,000,000.00 in U. S. Economic Development Administration grant funding for the 16th Street Detention Basin Flood Gates Project, otherwise known as the Bee Branch Flood Mitigation Gate & Pump Replacement Project. The City Council also pledged the amount of$5,135,000 from GO Bonds or a State Revolving Fund loan as local matching funds, if in fact, the Disaster Relief Opportunity grant was awarded by the Economic Development Administration. In May of 2019, the City Council authorized the Mayor to sign the Financial Assistance Award agreement with the Economic Development Administration securing the $2,500,000.00 in EDA grant funding for the Bee Branch Flood Mitigation Gate & Pump Replacement Project). The City Council also authorized the City Manager to act as an authorized representative relating to the EDA grant with authorization to execute any documents required by the agreement as EDA may reasonably request. DlSCUSSION The $2,500,000.00 in U. S. Economic Development Administration (EDA) grant funding will cover a portion of the construction costs associated with the Bee Branch Flood Mitigation Gate & Pump Station Replacement Project (Project). In addition to providing the local matching funds ($6,635,000.00), the engineering, design, and administrative costs, estimated to be $1,300,000.00, are outside of the grant and the sole responsibility of the City. 3 Because IIW was originally selected through the RFP process to provide engineering services on the Project, and since they provided the conceptual design in support of the successful EDA grant application, it is in the best interest of the City to hire IIW to complete the final design and construction contract documents for the Project. IIW has presented an Agreement for Technical Services (attached) for providing the engineering, architectural, computer-aided design drafting, clerical, and administrative activities as required to complete the final design and construction contract documents for the Project. The scope of work will be negotiated as a series of task orders as the project moves through design and construction. The first task order, Task Order 19-01 is attached for consideration. The scope outlined in Task Order 19-01 includes refinement of the conceptual design, a preliminary hydraulic impact review to finalize pump sizes and other details of the proposed gate replacement. It entails the development of a preliminary design with a three-dimensional model to facilitate the creation of renderings to aid in the architectural design. The cost of the scope of services associated with Task Order 19-01 is $256,500.00. Additional task orders will be developed as the Project progresses through construction. The total cost of engineering of$1 ,300,000.00 was included in the overall project cost presented to the City Council at the May 6, 2019 City Council meeting. BUDGETIMPACT The engineering services are to be funded using a combination of Stormwater Utility Funds [$869,381 .00] and State Flood Mitigation Program Sales Tax Increment funds [$384,592.00] allocated in Fiscal Year 2021 . The funding provides for the development of construction plans and engineering/oversight services during construction of the improvements. ACTION REQUESTED We respectfully request authorization to finalize and enter into an agreement with IIW, P.C. for design and engineering services for the Bee Branch Flood Control Pumping Station Gate & Pump Replacement Project and execution of Task Order 19-01 with a fee of$256,500.00. Prepared by Deron Muehring Cc: Crenna Brumwell, City Attorney Jenny Larson, Director of Finance & Budget Chris Kiolbasa, Budget Manager John Klostermann, Public Works Director Deron Muehring, Civil Engineer II 4 ` , - T . i , IIW, P. C. . F AGREEMENT FOR TECHNICAL SERVICES www.iiwengr.com CITY OF DUBUQUE, IOWA ARCHITECTURE AND CIVIL ENGINEERING IIW� P.C. CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING BEE BRANCH STORMWATER PUMPING STATION LAND SURVEYING IIW Pi'OJ2Ct#�S�6B MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING This Agreement is made and entered into this 26�h day of June, 2019,between the City of Dubuque, lowa, hereinafter referred to as OWNER, located at 50 West 13�Street, Dubuque, lowa 52001- 4864,and IIW P.C.hereinafter referred to as ENGINEER,located at 4155 Pennsylvania Avenue, Dennis F.Waugh, PE/SE*** Charles A.Cate,PE Dubuque, lowa 52002.This Agreement shall be in accordance with the following elements. �ary�.se�kora, PE ** Michael A.Jansen,PE/SE Timothy J.Tranel,PE* Julie P.Neebel,PE SCOPE OF SERVICES James P.Kaune,PE Services to be provided underthis Agreement can be described as engineering, architecture, Thomas J.Oster, PLS** Wray A.Childers,PLS computer-aided design drafting, clencal,and administrative activities performed in accordance with Geoffry T.Blandin,PE Mark C.Jobgen,PE** the terms and conditions of this Agreement and subsequently issued Task Orders.Prior to Lauren N.Ray,PE/SE Cody T.Austin,PE* ENGINEER's engagement by OWNER,a mutually agreeable Task Orderdocument shall be Marc�.Ruden,PE developed and executed by both parties.The Task Orderwill include Project Information,a detailed Mark R.Fassbinder,AIA* * Michael A,Ruden,NCARB/AIA Scope of Services,Compensation,and Schedule. The general form of the Task Order shall be in Eric J.Helminiak,PE/SE* Jeffrey J.Brandt,PLS accordance with the enclosed Task Order No. 19-01. craig�.�eiser,PLS David A.Leapaldt,AIA,CID* Nathan W.Miller, PE PROJECT DESCRIPTION Damian D.Baumhover,NCARB/AIA Nicholas A.Schneider,PE The intent of the projects is to construct a new structure to house flood pumps in the 16th Street Christian J.Hendrie,AIA Eldon M.Schneider,PE Detention Basin at the Mississippi River levee to safeguard the areas of Dubuque with elevations Whitney A.Lougheed,AIA* susceptible to flooding,including the Kerper Blvd. Industrial Park,during storm events should there be a Patrick R.Ready,PE Nicholas M.Rettenberger,AIA component failure in the flood gate system or a levee breach. christopher a.Beck�in, PE Courtney E.Wand,PE Jonathan H.Lutz,PE Storms of recent ears,includin a Jul 2017 storm event have caused a demand for resilienc be ond �ohn M.Tranmer,P�s y g y � Y Y Andrew C.Busch,NCARB/AIA what the current infrastructure provides;therefore,this project includes replacement of the existing flood Bryson E.Winsky,PE Jeri M.Vondera,PE gates,replacement of the existing flood pumps,installation of additional flood pumps,installation of a Noah J.Hofrichter,PE Andrew J.Goedken,PE second back-up generator,and construction of a new controls building to house electrical infrastructure Emily M.Crowe, PE and controls for the proposed pumps. The new flood control structure will be constructed on the basin *LEED AP side of the levee.Based upon correspondence with USACE,environmental concems associated with `*Retired Higgins Eye mussels on the river side of the levee are not a concem on the basin side. 4155 Pennsylvania Avenue, Dubuque, IA 52002-2628 ♦ [P] 563.556.2464I800.556.4491 ♦ [F]563.556,7811 ♦ � . , . . , . � � � 6 OWNER intends to use a United States Department of Commerce—Economic Development Administration(USDOC-EDA)grant as administered by the East Central Intergovemmental Association(ECIA)in addition to local funds to complete the project. ENGINEER expects design of the project to be completed through the following phases: Current task order: T019-01:PRELIMINARY/CONCEPTUAL DESIGN REFINEMENT(attached) Future task orders: 60%PLAN SUBMITTAL 90%PLAN AND SPECIFICATION SUBMITTAL 100%PLANS,SPECIFICATION AND FRONT END DOCUMENTS PERMITTING REVIEW RESPONSES BIDDING AND CONTRACT AWARD CONSTRUCTION ADMINISTRATION FIELD SERVICES DURING CONSTRUCTION POST CONSTRUCTION SERVICES/COMMISSIONING , , ► SERVICE ELEMENTS NOT INCLUDED The following services are not included in this Agreement. If such services are required, they will be provided as noted. If necessary, additional Service Elements Not Included may be identified in each subsequently issued task order. 1. Additional and Extended Services during construction made necessary by: a. Work damaged by fire or other cause during construction. b. A significant amount of defective or neglected work of any contractor. c. Prolongation of the time of the construction contract. d. Default by contractor under the construction contract. Any services of this type will be provided through an amendment to this Agreement or through a separate agreement or Task Order with OWNER. 2. Preparation of applications and supportinq documents for private governmental grants,loans or advances in connection with the project.Any services of this type will be provided through an amendment to this Agreement or through a separate agreement or Task Orderwith OWNER. 3. Preparation or review of environmental assessments and impact statements�review and evaluation of the effect on the design requirements of the project of any such statements or documents prepared by others;and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the project.Any services of this type will be provided through an amendment to this Agreement or through a separate agreement or Task Order with OWNER. 4. Additional Site Visits and/or Meetinqs:Additional OWNER-required site visits or meetings will be provided through an amendment to this Agreement or through a separate agreement or Task Order with OWNER. 5. Archaeoloqical or Botanical Investiqations: ENGINEER will assist OWNER in engaging the services of an archaeologist architectural historian,or botanist, if required,to perform the field investigations necessary for agency review through an amendment to this Agreement or through a separate agreement or Task Order with OWNER. 6. Geotechnical Investiqations and Reports: ENGINEER will assist OWNER in engaging the services of a geotechnical engineer to perform investigations and prepare reports for the project. OWNER will contract directly with geotechnical engineer for these services. 7. Endanqered Resources: Any services of this type, if required, will be provided through an amendment to this Agreement or through a separate agreement or Task Order with OWNER. 8. Investiqations and Studies involving,but not limited to,detailed consideration of operations,maintenance and overhead expenses; providing value engineering during the course of design;the preparation of feasibility studies,coincidental frequency analysis,cash flow and economic evaluations,rate schedules and appraisals;and assistance in obtaining financing for the project.Any services of this type, if required, will be provided through an amendment to this Agreement or through a separate agreement or Task Order with OWNER. 9. Land propertv survevs,research, preparation of plats and descriptions or related services needed for the transfer of interests in real property and acquiring easements. Any services of this type, if required, will be provided through an amendment to this Agreement or through a separate agreement or Task Order with OWNER. 10. Permit and Plan Review Fees: All permit and plan review fees payable to regulatory agencies shall be paid for by OWNER. 11. Preparation for and/or Appearance in Litiqation on Behalf of OWNER: This type of service by ENGINEER will be provided through an amendment to this Agreement or through a separate agreement or Task Order with OWNER. , , � � 12, Review of Product Substitutions or Means, Method, Technique, Seauence, or Procedure Substitutions Proposed by Contractor: The terms of the construction Contract should call for the construction contractor to reimburse OWNER for ENGINEER's cost for evaluating substitute products,means, method,technique,sequence, or procedure of construction. ENGINEER's cost for such evaluations is not included in the scope of this Agreement.Services of this type by ENGINEER will be provided through an amendment to this Agreement or through a separate agreement or Task Order with OWNER. 13. Preparinq documents for alternate bids. This service will be provided through an amendment to this Agreement or through a separate agreement or Task Order with OWNER. 14. Revisinq Desiqns, Drawinqs, Specifications, and Documents:Any services required after these items have been previously approved by state or federal regulatory agencies,because of a change in the Task Order-specified project scope or where such revisions are necessary to comply with changed state and federal regulations that are put in force after Services have been partially completed, will be provided through an amendment to this Agreement or through a separate agreement or Task Order with OWNER. 15. Services Furnished Durinq Re-advertisement for Bids, if Ordered bv OWNER: If a Contract is not awarded pursuant to the original bids, any services of this type will be provided through an amendment to this Agreement or through a separate agreement or Task Order with OWNER. 16. Services Related to Buried Wastes and Contamination:Should buried solid,liquid,or potentially hazardous wastes or subsurface or soil contamination be uncovered at the site, follow-up investigations may be required to identify the nature and extent of such wastes or subsurface soil or groundwater contamination and to determine appropriate methods for managing of such wastes or contamination and for follow-up monitoring. Investigation, design, or construction-related services related to buried solid, liquid, or potentially hazardous wastes or soil or groundwater contamination will be provided through an amendment to this Agreement or through a separate agreement or Task Order with OWNER. COMPENSATION OWNER shall compensate ENGINEER for Services indicated in each subsequently issued Task Order for a lump sum orfor an estimated fee on an hourly rate basis plus expenses. Expenses incurred such as those for subconsultants, travel, meals, printing, postage, copies, computer, electronic communication, and long distance telephone calis will be billed at actual cost plus ten percent. Only sales taxes or other taxes on Services that are in effect at the time this Agreement is executed are included in the Compensation. If the tax laws are subsequently changed by legislation during the life of this Agreement,this Agreement will be adjusted to reflect the net change. The lump sum or estimated fee for the Services is based on wage scale/hourly billing rates, adjusted annually on January 1 that anticipates the Services will be completed as indicated. Should the completion time be extended, it may be cause for an adjustment in the lump sum or estimated fee that reflects any wage scale adjustments made. The lump sum or estimated fee will not be exceeded without prior notice and agreement by OWNER but may be adjusted for time delays, time extensions, amendments,or changes in the Scope of Services. Any adjustments will be negotiated based on ENGINEER's increase or decrease in costs caused by delays, extensions, amendments,or changes. SCHEDULE Services will begin upon execution of this Agreement,which is anticipated the week of July 8, 2019. The schedule for individual tasks will be included on each subsequently issued Task Order. STANDARD OF CARE The Standard of Care for all Services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. , ,« /, 1 ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's Services. OWNER'S RESPONSIBILITIES 1. Designate a person to act as OWNER's representative with respect to the services to be rendered under this agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to ENGINEER's services for the project. 2. Provide all criteria and full information as to the OWNER's requirements for the project, including design objectives and constraints, space,capacity and performance requirements,flexibility and expandability and any budgetary limitations, and furnish copies of all design and construction standards which the OWNER will require to be included in the drawings and specifications. 3. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Task Order-specified project including previous reports, previous drawings and specifications, and any other data relative to the scope of the Task Order- specified project. 4. Furnish to ENGINEER, as required by ENGINEER for performance of Services as part of this Agreement, data prepared by or services of others obtained or prepared by OWNER relative to the scope of the Task Order-specified project, such as soil borings, probings and subsurface explorations, and laboratory tests and inspections of samples,all of which ENGINEER may rely upon in performing Services under this Agreement. 5. Provide access to the site as required for ENGINEER to perform Task Order-specified project Services underthis Agreement. 6. Guarantee access to and make all provisions for ENGINEER to enter upon public and private lands as required for ENGINEER to perform Task Order-specified project Services underthis Agreement. 7. Examine all reports, sketches, estimates, special provisions, drawings, and other documents presented by ENGINEER and render,in writing,decisions pertaining thereto within a reasonable time so as not to delay the performance of ENGINEER. 8. Provide all legal services for OWNER as may be required for the development of the Task Order-specified project. 9. Provide the front-end documents that require the contractor to name ENGINEER as an additional insured on contractor's General Liability and Automobile Liability insurance policies and to indemnify ENGINEER to the same extent that the contractor insures and indemnifies OWNER. 10. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the project,such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the project including any that may be raised by Contractor(s),such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract,and such inspection services as OWNER may require to ascertain that Contractor(s)are complying with any law, rule, regulation,ordinance,code or order applicable to their furnishing and performing the work. 11. If applicable, monitor Contractor's compliance with wage and labor requirements relative to this project. 12. .Be responsible for compliance with all provisions of any grant or loan agreement applicable to this project including periodic and final reports and special sign erection. 13. Provide Civil 3D templates,survey field code library and coding and provide City SUDAS standards and engineering and department construction work book. , ' . OPINION OF PROBABLE COST Any opinions of probable cost prepared by ENGINEER are supplied for general guidance of OWNER only. ENGINEER has no control over competitive bidding or market conditions and cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to OWNER. OBSERVATION SERVICES In furnishing observation services, ENGINEER's efforts will be directed toward determining for OWNER that the completed project will, in general, conform to the Contract Documents; but ENGINEER will not supervise, direct; or have control over the contractor's work and will not be responsible for the contractor's construction means, methods, techniques, sequences, procedures, or health and safety precautions or programs,or for the contractor's failure to perform the construction work in accordance with the Contract Documents. PAYMENT REQUESTS ENGINEER's review of Payment Requests from contractor(s)will not impose responsibility to determine thattitle to any ofthework has passed to OWNER free and clear of any liens,claims,or other encumbrances. Any such service by ENGINEER will be provided through an amendment to this Agreement. CHANGES 1. OWNER may make changes within the general scope of this Agreement in the Services to be performed. If such changes cause an increase or decrease in ENGINEER's cost ortime required for performance of any Services under this Agreement, an equitable adjustment will be made and this Agreement will be modified in writing accordingly. 2. No services forwhich additional compensation will be charged by ENGINEERwill befurnished without the written authorization of OWNER. The fee established herein will not be exceeded without agreement by OWNER but may be adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. 3. If there is a modification of Agency requirements relating to the Services to be performed under this Agreement subsequent to the date of execution of this Agreement,the increased or decreased cost of performance of the Services provided for in this Agreement will be reflected in an appropriate modification of this Agreement. EXTENSION OF SERVICES This Agreement may be extended for additional Services upon OWNER's authorization. Extension of Services will be provided for a lump sum or an hourly rate plus expenses. PAYMENT OWNER shall make monthly payments to ENGINEER for Services performed in the preceding month based upon monthly invoices. Nonpayment 30 days after the date of receipt of invoice may, at ENGINEER's option, result in assessment of a 1.5%per month carrying charge on the unpaid balance. Nonpayment 45 days afterthe date of receipt of invoice may, at ENGINEER's option, result in suspension of Services upon five calendar days' notice to OWNER. ENGINEER will have no liability to OWNER,and OWNER agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by OWNER. Upon receipt of payment in full of all outstanding sums due from OWNER, or curing of such other breach which caused ENGINEER to suspend Services, ENGINEER will resume Services and there will be an equitable adjustment to the remaining project schedule and compensation as a result of the suspension. DATA PROVIDED BY OTHERS ENGINEER is not responsible for the quality or accuracy of data nor for the methods used in the acquisition or development of any such data where such data is provided by or through OWNER, contractor, or others to ENGINEER and where ENGINEER's Services are to be based upon such data. Such data includes, but is not limited to,force main condition assessment data,soil borings,groundwater data, chemical analyses, geotechnical testing, reports, calculations, designs, drawings, specifications, record drawings, contractor's marked-up drawings, and topographical surveys. . � ENGINEER will maintain throughout the terms of this Agreement insurance in accordance with the City of Dubuque Insurance Schedule C. See attached Exhibit A-IIW, P.C.Certificate of Insurance. INDEMNIFICATION The OWNER and the ENGINEER each agree to indemnify and hold the other harmless, and their respective officers,employees, agents, and representatives,from and against any and all claims,damages, losses and expenses(including reasonable attorney's fees)to the extent such claims, losses, damages,or expenses are caused by the indemnifying party's negligent acts,errors, or omissions. In the event claims, losses,damages or expenses are caused by the joint or concurrent negligence of OWNER and ENGINEER,they shall be borne by each party in proportion to its negligence. Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. ERRORS AND OMISSIONS In the event that the Services prepared by ENGINEER is found to be in error and revision or reworking the Services product is necessary, ENGINEER agrees that it shall do such revisions without expense to OWNER, even though final payment may have been received. ENGINEER must give immediate attention to these revisions so there will be a minimum of delay during construction. The above and foregoing are not to be construed as a limitation of OWNER's right to seek recovery of damages for negligence on the part of ENGINEER herein. In exchange for providing said revisions or rework,OWNER shall provide ENGINEER with a waiver of consequential damages related to the revision or rework. OWNERSHIP OF ENGINEERING DOCUMENTS All sketches,tracings,drawings,specifications, reports on special studies,and other data prepared under this Agreement shall-become the property of OWNER and shall be delivered, if requested, to OWNER upon completion of the drawings or termination of the services of ENGINEER. There shall be no restriction or limitation on their future use by OWNER, except any use on extensions of the project or on any other project without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER. When transferring documents in electronic media format,the ENGINEER makes no representations as to long-term compatibility,usability, or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those used by the ENGINEER at the beginning of this project. The OWNER has requested the plans be delivered to the OWNER in AutoCAD Civil 3D 2017 format. The OWNER'S field code library and coding shall be used for all survey activities. If during the duration of the project the delivery software changes,this will be identified in a task order. OWNER acknowledges ENGINEER's drawings and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the drawings and specifications prepared under tliis Agreement shall become the property of OWNER upon completion of the services and payment in full of all moneys due to ENGINEER. OWNER is aware that significant differences may exist between the electronic files delivered and the respective construction documents because of addenda, change orders, or other revisions. If there is a conflict between the signed construction documents prepared by ENGINEER and the electronic files,the signed construction documents shall govern. OWNER may reuse or make modifications to the drawings and specifications or electronic files while agreeing to take sole responsibility for any claims arising from any modification or unauthorized reuse of the drawings and specifications. SUBLETTING,ASSIGNMENT,OR TRANSFER Subletting, assignment, or transfer of all or part of the interest of ENGINEER in this Agreement is prohibited unless written consent is obtained from ENGINEER and approved by OWNER. �. ' a , TERMINATION This Agreement may be terminated with cause in whole or in part in writing by either party subject to a two�week written notice and the right of the party being terminated to meet and discuss the termination before the termination takes place. ENGINEER will be paid for all completed or obligated Services up to the date of termination. THIRD-PARTY BENEFICIARIES Nothing contained in this Agreement creates a contractual relationship with or a cause of action in favor of a third party against either OWNER or ENGINEER.ENGINEER's Services under this Agreement are being performed solely for OWNER's benefit, and no other party or entity shall have any claim against ENGINEER because of this Agreement or the performance or nonperformance of Services hereunder. OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors, and other entities involved in the Task Order-specified project to carry out the intent of this provision. Except as otherwise provided in this Agreement, either party may request nonbinding mediation of any claim or dispute arising out of or relating to this Agreement. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the date of this Agreement. The request for mediation shall be submitted in writing to the . American Arbitration Association and the other party to this Agreement.The parties shall participate in the mediation process in good faith.The process shall be concluded within 60 days of the request. DISPUTE RESOLUTION Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes, and other matters in question between OWNER and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided first by mediation, if the parties mutually agree, or with a bench trial in a court of competent jurisdiction within the State of lowa. OTHER TERMS AND CONDITIONS All potential contractors and consultants that perform work that may apply to or impact the City's sanitary sewer collection system shall sign the"Certification by contractor or consultant"The Consent Decree is available online (http://www.citvofdubuque.orq/consentdecree). ENGINEER shall not discriminate, in any way, against any person on the basis of race, sex,color, age, religion, sexual orientation, actual or perceived gender identity,disability,ethnicity,or national origin, in connection with or related to the performance of this Agreement. Exhibit A includes provisions as required by the Request for Proposal for the"HUD Resiliency Infrastructure Projects"as Addendum 1 Contract Language(see attached Exhibit A). TERMS AND CONDITIONS The terms and conditions of this Agreement and subsequently issued Task Orders will apply to the Services defined in the Scope of Services. OWNER-supplied purchase order is for processing payment only;terms and conditions on the purchase order shall not apply to these Services. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement Engin.er: IIW C. p n N. Ray, P. S.E. sistant Project Manager Vice President Owner: City of Dubuque Michael Van Milligen, City Manager Attachments: • Exhibit A— Certificate of Insurance Marc D. Ruden, P.E. Project Manager "' ��� � ��'��=�� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYyY) �� 6/27/2019 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 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 NAMEACT Pa171 BUCIlIlOItZ Friedman Insurance, IIIC, PHONE ac No:563-556-4425 PO Box 759 A/c No ext: 563-556-0272 Dubu ue IA 52004-0759 E-MAIL Q ADDRESS: bUC{1fl0IfZ friedman- rou .com INSURER S AFFORDING COVERAGE NAIC# iNsuReRa:SECURA Insurance,A Mutual Com an 22543 INSURED uwPcoo-o� INSURER B:C011tlfl@I1t8I C8SU2If Com an 20443 IIW PC 4155 Pennsylvania Ave INSURER C: Dubuque IA 52002 � iNsuReR o: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1606323648 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y CP3033699 11/7I2018 11/7/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY� jE� � LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY A3033700 11/7/2018 11/7/2019 COMBINED SINGLE LIMIT Ea accident $1 000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDUIED BODILY INJURY Per accident $ AUTOS AUTOS �. ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ $ A X UMBRELLA LIAB X OCCUR CU3033702 11l1/2018 11/7/2019 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ q WORKERS COMPENSATION Y WC3033701 11/7/2018 11/7/2019 X PER OTH- AND EMPLOYERS'LIABILITY y�N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED7 N� N I A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional AEH004316390 2/18/2019 2/18/2020 Per claim $2,000,000 Errors&Omissions Aggregate limit $2,000,000 Projact Deductible 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if mare space is required) RE: Bee Branch Stormwater pumping station IIW project 15166 in the 16th St Detention Basin City of Dubuque,including all its elected and appointed officials,all its employees and volunteers,all its boards,commissions and/or authorities and their board members,employees and volunteers are listed as an Additional Insured on the General Liability on a Primary and Non-contributory basis for ongoing& completed operations as provided by ILE1037(11/05),ILE1040(11/05).Governmental Immunities is provided per form IL12 01 (11/85).Fellow Employee Exclusion has been deleted with limitations with AGL1222(10/01).Waiver of Subrogation is included on the Workers Compensation as provided by WC000313. Umbrella is form following with primary and non-contributory provided by CUE2266 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Dubuque 50 W 13th Street AUTHORIZED REPRESE TATIVE Dubuque IA 52001 �`� i�� O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD j.. THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE COVERAGE This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this Endorsement, the provisions of the Coverage Form apply unless modified by the Endorsement. SECTION II—WHO IS AN INSURED is amended as follows: Paragraphs 2. and 3, are amended to include your"employees", as insureds,while acting within the scope of their employment by you, or performing duties related to the conduct of your business, for "bodily injury"to you or to a fellow"employee"while in the course of his or her employment. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. � AGL 1222 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 1001 SECURA INSURANCE, A Mutual Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIO(VAL INSURED WRAP This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESSOWNERS LIABILITY COVERAGE FORM With respect to coverage provided by this Endorsement, the provisions of the Coverage Form apply unless modified by this Endorsement. Additional Insured provisions provided in this endorsement contain equivalent language to Insurance Services Office Endorsements CG 20 10 07 04 and CG 20 37 07 04. If a written contract or written agreement between you and the additional insured specifies that coverage for the additional insured form be provided by Endorsements CG 20 10 07 04 and/or CG 20 37 07 04, this endorsement shall be interpreted to comply with such requirement, but only to the extent that such coverage is included within the terms of the Coverage Part to which this endorsement is attached. A. Additional Insured When Required By Written Construction Contract 1. Operations Pertormed For An Additional Insured WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement prior to a loss, that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this provision ends at the earlier of when your operations for that additional insured are completed; or the end of the policy period. 2. Limitations The Operations Performed For An Additional Insured coverage is limited as follows: a. This insurance does not apply to"bodily injury", "property damage"or"personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. This insurance does not apply to"bodily injury" or"property damage"occurring after: (1 j All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. c. The Limits of insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of insurance shown in the Declarations, if other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. ILE 1037 Includes copyrighted material of Insurance Services O�ce,with its permission Page 1 of 3 1105 �O 2011,SECURA Insurance Companies d. This insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. B. Additional Insured When Required By Written Construction Contract—Completed Operations 1. Additional Insured—Completed Operations WHO IS AN INSURED is amended to include as an additional insured any person or organization,when you and such person or organization have agreed in a written contract or written agreement prior to a loss, that such person or organization be added as an additional insured on your policy, but only with respect to"bodily injury" or"property damage" caused, in whole or in part, by "your work" performed for that additional insured and included in the"products-completed operations hazard". 2. Limitations The Additional Insured - Completed Operations coverage is limited as follows: a. A person or organization's status as an insured under Additional insured -Completed Operations continues only until the earlier of the end of the policy period; or the period of time required by the written contract or written agreement. If no time period is required by the written contract or written agreement, a person or organization's status as an additional insured under this endorsement will not apply beyond the lesser of the end of the policy period; or five years from the completion of"your work" on the project which is the subject of the written contract or written agreement. b. The insurance as provided to the additional insured does not apply to"bodily injury", "property damage" or"personal and advertising injury" arising out of"your work" for which a consolidated (wrap-up) insurance program has been provided by the prime contractor-project manager or owner of the construction project in which you are involved. c. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. if other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or�excess basis. d. The coverage provided to the additional insured by this endorsement and by paragraph f. of the definition of"insured contract" under DEFINITIONS do not apply to"bodily injury"or"property damage" arising out of the"products-completed operations hazard" unless required by the written contract or written agreement. e. This insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. C. Primary And Noncontributory As respects the coverage provided under this endorsement, the Other Insurance Condition is amended as follows: The paragraph regarding Excess Insurance is deleted and replaced with the following: Excess Insurance This insurance is excess over any other insurance available to the additional insured whether primary, excess, contingent or on any other basis unless the written contract or written agreement described in A. and B, above specifically requires that this insurance be either primary or primary and noncontributory. Then this insurance is primary and not contributing with any insurance available to the additional insured which covers that person or organization as a named insured. D. Waiver Of Transfer Of Rights Of Recovery Against Others To Us As respects the coverage provided under this endorsement, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended by adding the following: We waive any right of recovery we may have to recover we make for all or part of any payment we have made under this Coverage Part arising out of"your work" under a written contract or written agreement ILE 1037 Includes copyrighted material of Insurance Services Office,with its permission Page 2 of 3 1105 O 2011,SECURA Insurance Companies requiring such waiver with that person or organization. However, our rights may only be waived prior to the"occurrence"for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. E. Amendment-Aggregate Limits Of Insurance(Per Project) Under LIMITS OF INSURANCE shown on the Declarations, the General Aggregate Limit applies separately to each of your projects away from the premises owned by you or rented to you. This extension does not apply to the"products-completed operations hazard". F. Additional Condition The following condition is added: Additionai Insured Duty To Notify The additional insured described in A: or B. above must give written notice of loss, including a demand for defense and indemnity, to any other insurer having coverage for the loss under its policies. Such notice must demand full coverage available and the additional insured shall not waive or limit such other available coverage. This additional condition does not apply to the insurance available to the additional insured which covers that person or organization as a named insured. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. ILE 1037 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 3 1105 O 2011,SECURA Insurance Companies THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. EXTENDED AUTOMATIC ADDITIONAL INSURED This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESSOWNERS LIABILITY COVERAGE FORM With respect to coverage provided by this Endorsement, the provisions of the Coverage Form apply unless modified by this Endorsement. Additional Insured provisions provided in this endorsement contain equivalent language to insurance Services Office Endorsements CG 20 10 07 04 and CG 20 37 07 04. if a written contract or written agreement between you and the additional insured specifies that coverage for the additional insured form be provided by Endorsements CG 20 10 07 04 and/or CG 20 37 07 04, this endorsement shall be interpreted to comply with such requirement, but only to the extent that such coverage is included within the terms of the Coverage Part to which this endorsement is attached. A. Additional Insured When Required By Written Construction Contract 1. Operations Performed For An Extended Additional Insured WHO IS AN INSURED is amended to include as an additional insured any person or organization who is not a signatory to, but is shown within a written contract or written agreement you executed prior to a loss, that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for which the written contract or written agreement applies. A person's or organization's status as an additional insured under this provision ends at the earlier of when your operations for which the written contract or written agreement applies are completed; or the end of the policy period. 2. Limitations The Operations Performed For An Extended Additional Insured coverage is limited as follows: a. This insurance does not apply to"bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. This insurance does not apply to"bodily injury" or"property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) 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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. c. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. If other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. ILE 1040 Includes copyrighted materials of Insurance Services Office, Inc.,with its permission. Page 1 of 2 1105 02011, SECURA Insurance Companies d. This insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. B. Additional Insured When Required By Written Construction Contract—Completed Operations 1. Extended Additional Insured—Completed Operations WHO IS AN INSURED is amended to include as an additional insured any person or organization who is not a signatory to, but is shown within a written contract or written agreement you executed prior to a loss, that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to"bodily injury" or"property damage" caused, in whole or in part, by"your work" performed for which the written contract or written agreement applies and included in the"products-completed operations hazard". 2. Limitations The Extended Additional Insured--Completed Operations coverage is limited as follows: a. A person or organization's status as an insured under Additional Insured -Completed Operations continues only until the earlier of the end of the policy period; or the period of time required by the written contract or written agreement. If no time period is required by the written contract or written agreement, a person or organization's status as an additional insured under this endorsement will not apply beyond five years from the completion of"your work"on the project which is the subject of the written contract or written agreement. b. The insurance as provided to the additional insured does not apply to"bodily injury", "property damage" or"personal and advertising injury" arising out of"your work" for which a consolidated (wrap-up) insurance program has been provided by the prime contractor-project manager or owner of the construction project in which you are involved. c. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the.Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. If other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. d. The coverage provided to the additional insured by this endorsement and by paragraph f. of the definition of"insured contract" under DEFINITIONS do not apply to"bodily injury" or"property damage" arising out of the"products-completed operations hazard" unless required by the written contract or written agreement. e. This insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. C. Primary And Nonconfiributory As respects the coverage provided under this endorsement, the Other Insurance Condition is amended as follows: The paragraph regarding Excess Insurance is deleted and replaced with the following: Excess Insurance This insurance is excess over any other insurance available to the additional insured whether primary, excess, contingent or on any other basis unless the written contract or written agreement described in A. and B., above specifically requires that this insurance be either primary or primary and noncontributory. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. ILE 1040 Includes copyrighted materials of Insurance Services Office, Inc,,with its permission. Page 2 of 2 1105 O 2011, SECURA Insurance Companies �� . THIS EMDUR�EMENT�CHANGES THE POLICY. PLEASE REAQ IT CAREFULLY. POLICY CHANGES process date Policy Change Number pC�LICY NUMBER COMPANY CP 3033699 SECURA Insurance, A Mutual Co, NAMED INSUR�D AU7HORIZ�D REPRESENTATIVE IIW PC 4155 PENNSYLVANIA AVE DUBUQUE IA 52002 � C�VERAG� PARTS AFFECI'ED Commercial General L.iability Coverage Part CHANGES With respect to caverage providad by this endorsement, the provisians of the Coverage Form apply unless M modified by the endorsement. � � .. SCHEDULE •� Governmental Entity; CITY OF DUBUQLIE Governmentai Entity Address; 5o W 13�`ST CITY HAL�, DUBUQUE IA 52001 Project; (lf no entry appears above, Information required to complete this Endorsement wlll be shown in the Endorse- ment Schedule of fhe peclaratlons as applicable ta this�ndorsement,) • � � The Folfowing Conditlons are added wlth respects to fhe Goverrtmental �ntity and Projeot shown in the Sched- ule: Non.waiver of Government Immunity We expressly agree and state that the purchase of thfs policy and the lncluding of the Governmental E�tity shown in the Schedule as an Addikional Insured do not waive any of the dePenses oF governmental fmmunify avaiEabie to the Governmental �ntity shawn in the Schedule under Cod�of lowa Section 670,q as it now�x- ists and as It may be amended From time to time, Claims Coaerage We further agree that this policy of'tnsurance shail cover only those cfaims not sub)ect ta the defense of governmental immunity under fhe Code of lowa Section 67�.4 as it now exists and as it may be amended from time#o time, Assertion of Government(mmunity The Governmental Entity shown in the Schedule shall be responsible for asserting any defense of govern- mental immunity, and may do so at any time and shall do so upon the timely written request by us, Nothing j oontained in thls endarsement shall prevent us from asserting the defense of govarnmental irnmunity on be- - half of the Governmehtal �nt shown In the Schedule. � lL 12 01 11 85 Copyrighk, Insurance Servioes O�ipe, Inc,, 1983 Page 1 of 2 ❑ Copyrlght, fS0 Commerolal Risk Setvices, Inc,, 1983 Non�Deniai of Coverage • W�shail not dehy coverage under this pollcy ar�d we shall not d�ny any of the right5 and benefits aceruing to the Governmental Entity shown in the Schedule under thls palicy for reasons of gavernmental immunity unless and untll a courE of competent Jurisdiotion has ruled in favor of the defense(s) oP governmental im- munity asserted by the Governmental �ntity shown{n the Schedule, No Othar Change fn Policy We and th�Governmental Entity shown fn the Schedufe agree that the above preserv�tion of governmental Immunikfes sh�ll not otherwise change or aiter the coverage availabie under the pof{cy, All other terms and conditlons of this policy not in conflict wlth the terms and conditlons of this endarsemenE shali continue to apply, � Authorized Representative Signature � � s , . Page 2 of 2 Copyrfght, Insuranoe SeNices OfFice, lna, 1983 IL 12 01 11 85 ❑ Capyright, ISO Cammerclal Risk Services, Inc,, 1983 WORK�RS CC7MP�MSATION AND�tV1PLfJY�RS �.IABlLf7'Y INSURANCE PDLICY WC U{l U3 y 3 � ' , (Ed.4-84) WAIVER OF �UR RiC,HT 1't7 RECOVER FROM CITHERS END�RSEMENT •We have the right ta recover our paymont�ar�o��a�Ythe Sched ie�(This ag eemenb applie��lo y oethe'I extentfthai yau r i g h t a g a i r�s t t h e p e r s 4 n o r o r g a n i z a t perform work ►�nder a written contrac#that requires yau to obtain this agreement from us.) This agreement shal! not operate directiy ar indire�tly to benefit anyane nat named in the Sch�dule. Schedui� Contraot or Waiver Waiver State �ntity Name Project Number [3escriptian of Work Premium Type lA BLANK�T WAIVER �F Any person or arganizafion for BLANKET SUBROGATf�N whom the Named Insured has agreed by written contract to NO SFECIFIC ADDRE�S furnish this waiver. D�thuque, lA 52002 � This endorsement changes the palicy to which it is attached efiective on the date issued unless otherwise stated. (The information belQw is required anly whr�n this endorsement i5 issued subsequent to preparatian of the policy.) Endorsement�fiective 11/07/2015 Poficy No. 20-WC-003433701-5 Endorsernent No. 000 Insured 41W PC Premiurn$ Insurance Company countersigned by ;��CURA INSURANCE,A Mutuai Company WGQ00313 � (�d.4-8�}) 0�983 Nakionel Council an Compensatlon Insuranco. ♦ ♦ www.iiwengr.com Task Order No. 19-01 ARCHITECTURE IIW, P.C. (ENGINEER) CIVIL ENGINEERING CONSTRUCTION SERVICES Pursuant to Agreement for Technical Services, I IW Project#15166 dated June 26, 2019 ENVIRONMENTAL ENGINEERING LAND SURVEYING Bee Branch Stormwater Pumping Station MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING Project Information Services Name: PRELIMINARY/CONCEPTUAL DESIGN REFINEMENT Refer to the Agreement for Technical Services for the Project Description. Task Order General Description: This task order provides for refinement of the preliminary/conceptual design for a concrete flood gate structure with sufficient space for installation of a future third culvert, installation of four(4) new pumps, a second backup generator, a control building, and a fence restricting public access to the site. We understand a future extension of the trail currently located within the Bee Branch corridor will likely pass by the project site and therefore aesthetic design is a priority for the OWNER. Renderings of the site and structures providing views from various vantage points along the trail corridor will be prepared for presentation to the OWNER to aide in decision making. Also included in this task order is a preliminary hydraulic impact review to understand the impact of the proposed design on the level of flood protection and hydraulic performance of the proposed structure(s) and upstream waterways. Scope of Services 1. Project Management a. Coordinate and attend biweekly meetings held at IIW main office @ 4155 Pennsylvania Avenue with OWNER and ECIA staff for a 3-month duration. b. Participate in regular communications via e-mail and telephone with appropriate OWNER and ENGINEER team staff. 2. Geotechnical Consultant Solicitation a. Assist the OWNER in creating an RFP for geotechnical investigation for the proposed stormwater pumping station structure site to provide a basis of information for foundation design and USACE Section 408 Authorization. b. Provide staking of the proposed stormwater pumping station structure site to assist the geotechnical subconsultant in locating borings. c. Provide assistance and guidance to the geotechnical consultant to facilitate completion of their respective assessments and reports. 3. Preliminary Plans a. Review applicable information and make design calculations,determinations, and judgments for the proposed stormwater pumping station structure,associated site work,electrical supply and controls for the stormwater pumping station and controls building. b. Preliminary design and layout of proposed stormwater structure location, associated site work, electrical supply and controls for the stormwater pumping station and controls building. c. Prepare preliminary drawings showing the proposed stormwater structure location, associated site work, electrical supply and controls for the stormwater pumping station and controls building. d. Prepare a preliminary opinion of probable construction cost for the proposed improvements. IIW,P,C, ♦ 4155 Pennsylvania Avenue, Dubuque, IA 52002-2628 ♦ [P] 563.556,2464/800.556.4491 ♦ [F] 563.556.7811 Task Order No. 19-01 Page 2 of 2 4. Architectural Design a. Prepare a three dimensional model of the proposed site and structures to facilitate creation of views and/or renderings from various vantage points along the trail corridor. b. Prepare up to three (3) design options for control building, flood gate structure and site and present renderings for OWNER consideration and comment. 5. Preliminary Hydraulic Impact Review a. Review the preliminary plans and conduct a preliminary hydraulic impact review to verify the proposed design will achieve project goals related to level of flood protection and hydraulic performance. b. Create hydraulic models utilizing XPSWMM 2D for 9 additional scenarios for the proposed Bee Branch Stormwater Pumping Station improvements as identified by ENGINEER. The scenarios will include 3 different pumping station designs analyzed under 3 separate hydrologic conditions (i.e. the 100 year storm event with 3 separate headwater or tailwater conditions). Analyze the models through the proposed Bee Branch conveyance system. The proposed conveyance system will incorporate all existing Bee Branch conveyance system elements, including the future railroad culvert crossing of Canadian Pacific Railway to be completed in June of 2021, and the Bee Branch Pumping Station improvements. Compensation OWNER shall compensate CONSULTANT for Services under this Task Order fora lump sum fee of $256,500.00 (two hundred fifty-six thousand five hundred dollars and zero cents). Schedule Services will begin upon execution of this Task Order, which is anticipated the week of July 8, 2019. Services are scheduled for completion in accordance with the following milestones. Milestone Date Geotechnical RFP 3D renderings Preliminary Plans Statement of Probable Construction Cost Hydraulic Analysis — Preliminary Review Engineer: IIW.. '.C. 'Adif6/26/2019 uren N Ray, Pf ., S.E. Vice President Owner: City of Dubuque, Iowa Michael Van Milligen Dat City Manager July 17, 2019 August 31, 2019 October 30,2019 October 30, 2019 October 30, 2019 6/26/2019 Marc D. Ruden, P.E. Date Project Manager IIW, P.C. e 4155 Pennsylvania Avenue, Dubuque, IA 52002-2628 e [P] 563,556.2464/800.556.4491 s [F] 563.556.7811