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Signed Contract_WPC Plant Upgrade, Strand Assoc Cogeneration FacilitiesMasterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Steve Sampson Brown, Project Manager DATE: October 15, 2010 SUBJECT: Water Pollution Control Plant Upgrade Project Strand Associates, Inc. — Cogeneration Facilities INTRODUCTION Dubuque klikd All- America City 1 2007 This memorandum is to seek your approval for Strand Associates, Inc. (Strand) to provide engineering services for the cogeneration facilities of the Water Pollution Control Plant (WPCP) Upgrade Project (Project). DISCUSSION The Water Pollution Control Plant Upgrade Project includes anaerobic digesters that will produce biogas. The attached proposal provides for the design, bidding, and construction -phase engineering services of cogeneration facilities that will recover heat and produce electricity using the biogas. Specifically, two (2) 200 kilowatt microturbines with appurtenances will be constructed as the cogeneration source. The heat produced by the microturbines will be the primary source used to heat the anaerobic digesters. Thus this work is a critical component and is necessary in order to put the digesters into service. The Certificate of Liability Insurance for Strand has been reviewed and approved by the Finance Department. BUDGET IMPACT The proposal for the engineering services for the generation facilities is for $250,000. This cost will be taken from the Project's $4.9 million contingency balance. ACTION TO BE TAKEN The approval and execution of the proposal between Strand Associates, Inc. and the City for engineering services of the WPCP's cogeneration facilities is requested. cc: Jenny Larson, Budget Director Jonathan Brown, Water Pollution Control Plant Manager Attachs. S3 STRAND ASSOCIATES, INC.° E N G I N E E R S 910 West Wingra Drive Madison, WI 53715 Phone: 608-251-4843 Fax: 608 - 251 -8655 Office Locations Madison, WI Joliet, IL Louisville, KY Attention: Mr. Michael C. Van Milligen, City Manager Lexington, KY Mobile, AL Columbus, IN g R Agreement for Desi gn Services , Bidding-Related Biddin Related Services and Columbus, OH Construction - Related Services Indianapolis, IN Cogeneration Facilities at the Water Pollution Control Plant Milwaukee, WI Cincinnati, OH Phoenix, AZ www.strand.com September 16, 2010 City of Dubuque 50 West 13th Street Dubuque, IA 52001 -4864 This is an Agreement between the City of Dubuque, Iowa, hereinafter referred to as OWNER, and Strand Associates, Inc. ® , hereinafter referred to as ENGINEER, to provide Design Services, Bidding - Related Services, and Construction - Related Services (Services) for the Cogeneration Facilities project at the Water Pollution Control Plant (WPCP). This Agreement shall be in accordance with the following elements. Scope of Services ENGINEER will provide the following Services to OWNER. Design Services 1. Attend a project kickoff meeting. 2. Prepare a brief report at 30 percent design. This report will define the scope of the project and will be submitted to the Iowa Department of Natural Resources (IDNR) to allow the project to be funded through the Clean Water State Revolving Fund. 3. Design cogeneration facilities to use anaerobic digester biogas to recover heat and produce electricity for use at the WPCP. The cogeneration facilities include microturbine electrical generation equipment and associated heat recovery systems. The design base bid will be two 200 kilowatt microturbines and a bid alternative to add a third 200 kilowatt microturbine. The cogeneration system will be located within the existing Solids Processing Building. Electrical interconnection to the local utility grid is not included in the design. The design will accommodate space for future electrical utility paralleling equipment enabling the electricity produced by the microturbines to be sold back to the local utility. The cogeneration layout will include capacity to utilize biogas produced from digesting municipal sludge. The design will allow for additional microturbines if food residuals are introduced to the anaerobic digesters in the future. The cogeneration design will be developed as a separate contract from Contract 1 -2010, Water Pollution Control Plant Modifications. 4. Attend and lead 30, 60, and 90 percent workshops with OWNER to review the design documents. 5. Prepare an opinion of probable construction cost at approximately 90 percent. STRAND ASSOCIATES, INC• E N G I N E E R S City of Dubuque Page 2 September 16, 2010 6. Prepare 60 percent design documents, schedules, and IDNR- required forms and checklists (Design Schedules A, F, and G, as well as Exhibit 10C at a minimum) for submittal to IDNR for its preliminary review. Assist OWNER with the preliminary submittal of the construction permit application to IDNR. 7. Provide final design drawings and specifications and submit the design documents, construction permit application, air construction permit application, and related forms to 1DNR for final review. Bidding - Related Services 1. Furnish and distribute up to 30 sets of hard -copy drawings and specifications and 100 sets of compact discs for bidding. Alternative distribution of bidding documents may be conducted electronically using a third -party service. 2. Distribute bidding documents to prospective bidders, subcontractors, suppliers, and contractors' exchanges. Maintain the plan holders list in a web -based format. 3. Respond to questions from plan holders and prepare bid addenda. 4. Attend bid opening, tabulate and analyze bid results, and assist OWNER in the award of the construction contract. Contract Administration Services 1. Reply to requests for information, review contractor schedule and monthly contractor payment requests, and process work change directives and change orders. 2. Review initial schedule of values and list of subcontractors and suppliers. Send requests for proposals to contractor for possible changes in work. 3. Attend, facilitate, and provide meeting minutes for the preconstruction meeting. 4. Attend and provide meeting minutes for up to 10 monthly construction progress meetings and one preinstallation meeting. 5. Review shop drawings, illustrations, brochures, catalog data, samples, and the results of tests and other data that the contractor is required to submit for conformance and compliance with the information given in the Contract Documents. ENGINEER anticipates no more than two reviews of each contractor's shop drawings will be required. 6. Conduct substantial and final completion reviews with contractor and OWNER. Prepare a list of items to be completed or corrected for remaining work after the substantial completion review. 7. Prepare record drawings based upon contractor's markup drawings. Record drawings will be transmitted to OWNER in paper format and portable document format (.PDF). ENGINEER is providing drafting Services only for record drawings based on the records presented to ENGINEER by contractor and OWNER. ENGINEER will not be liable for the accuracy of the record drawing information provided by contractor and OWNER. RAW:mro\R:\ MAD\ Documents\Agreements\D\Dubuque, City of ( 1A)\ CogenerationFacilities @WPCP.2010\Agr \1154.023.docx STRAND ASSOCIATES. INC.° E N G I N E E R S City of Dubuque Page 3 September 16, 2010 8. ENGINEER anticipates conducting 10 one -day site visits. 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. Operation and Maintenance (O &M) Manual Services Prepare an O &M manual section for the project. The O &M manual section will be delivered in bound hard copy (three copies) and in electronic copy (Adobe Acrobat V9 or later). OWNER shall prepare the safety section of the manual if needed. Provide operator training on the O &M manual and new processes. Written process section will include the cogeneration facilities. Schematics, valve lists, and figures will be produced to describe plant operation. Electronic O &M manual will be developed based on the hard -copy version. O &M efforts are anticipated to begin prior to interim equipment start -ups with the entire manual section ready for OWNER by the substantial completion date noted herein. ENGINEER will provide classroom -style instruction to OWNER's operators on use of the O &M manual and new processes at substantial completion of the project for the cogeneration facilities. Start -up and Operator Training Services 1. Consult with OWNER regarding operating assistance during equipment manufacturer's start -up and training of equipment. 2. Attend and observe equipment manufacturer's start -up of equipment and systems. 3. Provide on -site classroom training for OWNER's staff on the cogeneration facilities describing design intent and operational overview. 4. Provide operating assistance to OWNER's staff and respond to operator's inquiries during start -up of cogeneration facilities. Service Elements Not Included The following services are not included in this Agreement. If such services are required, they will be provided as noted. 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. RAW: mro \R : \ MAD \Documents \Agreements\D \Dubuque, City of ( IA)\ CogenerationFacil ities @WPCP.2010\Agr \1154.023.doex STRAND ASSOCIATES, INC.. E N G I N E E R S City of Dubuque Page 4 September 16, 2010 Archaeological or Botanical Investigations: ENGINEER will assist OWNER in engaging the services of an archaeologist or botanist, if required, to perform the field investigations necessary for agency review through a separate agreement with OWNER. 3. Flood Studies: Any services involved in performing flood and floodway studies, if required, will be provided through an amendment to this Agreement or through a separate agreement with OWNER. 4. Geotechnical Engineering: It is anticipated that geotechnical engineering information will be provided through OWNER and OWNER's geotechnical consultant. If soil borings are required, ENGINEER will assist OWNER in direct procurement of drilling services. 5. Land and Easement Surveys/Procurement: Any services of this type including, but not limited to, a record search, field work, preparation of legal descriptions, or assistance to OWNER for securing land rights necessary for siting sanitary sewer, tanks, and appurtenances will be provided through a separate agreement with OWNER. 6. Permit and Plan Review Fees: All permit and plan review fees payable to regulatory agencies shall be paid for by OWNER. 7. Preparation for and /or Appearance in Litigation on Behalf of OWNER: This type of service by ENGINEER will be provided through a separate agreement with OWNER. 8. Resident Project Representative (RPR) Services: This type of service by ENGINEER will be provided only under Contract 1 -2010, Water Pollution Control Plant Modifications. 9. Review of Product Substitutions or Means, Method, Technique, Sequence, or Procedure Substitutions Proposed by Contractor: The terms of the construction Contract (GC 6.05B and GC 6.05E) 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. 10. Revising Designs, Drawings, Specifications, and Documents: Any services required after these items have been previously approved by state or federal regulatory agencies, because of a change in 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. Services Furnished During Readvertisement for Bids, if Ordered by 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. 12. 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 RAW:mro\R MAD\ Documents\Agreements\D\Dubuque, City of (IA) \CogenerationFacilities n,WPCP.2010\Agr \1154.023.docx STRAND ASSOCIATES, INC.° E N, D I N E E R S City of Dubuque Page 5 September 16, 2010 potentially hazardous wastes or soil or groundwater contamination will be provided through a separate agreement with OWNER. 13. Services to Review Shop Drawings Not Approved After Two Submittals: Services necessary to finalize shop drawings after two submittals in accordance with the terms of the Construction Contract call for the construction contractor to reimburse OWNER for ENGINEER' s cost for shop drawing approval after two submittals. ENGINEER's cost for such review is not included in the scope of this Agreement, and provision of such service by ENGINEER will be through an amendment to this Agreement. ENGINEER will notify OWNER before incurring charges to review shop drawings that are not approved after two submittals. Compensation OWNER shall compensate ENGINEER for all Services a lump sum of $250,000. 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 compensation for the Services is based on wage scale/hourly billing rates, adjusted annually on July 1, that assumes the Services will be completed as indicated. Should the completion time be extended, it may be cause for an adjustment in the compensation that reflects any wage scale adjustments made. The compensation will not be exceeded without prior notice to and agreement by OWNER but may be adjusted for time delays, time extensions, amendments, and changes in the Scope of Services. Any adjustment will be negotiated based on ENGINEER's increase in costs caused by delays, extensions, amendments, or changes. Schedule Services will begin upon execution of this Agreement, which is anticipated in September 2010. Services are scheduled for completion by December 2012. The following schedule is anticipated: Project Milestone Notice to Proceed Submit Brief Report Submit Design Documents to IDNR Bid Date Notice to Proceed of Construction Contract Final Completion of Construction Anticipated Completion Date September 2010 November 2010 May 2011 June /July 2011 August 2011 December 2012 Dates noted above may be adjusted by amendment to this Agreement based on the actual dates of Notice of Award and Notice to Proceed for construction. Extension of the project, where the substantial or final completion dates are extended, that results in ENGINEER performing the Services after the identified completion dates will constitute "extra services." RAW:mro\R:\ MAD\ Documents\Agreements\D\Dubuque, City of ( IA)\ CogenerationFacilities @WPCP.2010\Agr\1 154.023.docx STRAND ASSOCIATES. INC.' E N G I N E E R S City of Dubuque Page 6 September 16, 2010 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. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's Services. OWNER's Responsibilities 1. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to this project including previous reports, previous drawings and specifications, and any other data relative to the scope of this project. 2. 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 this 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. 3. Provide access to the site as required for ENGINEER to perform Services under this Agreement. 4. Guarantee access to and make all provisions for ENGINEER to enter upon public and private lands as required for ENGINEER to perform Services under this Agreement. 5. Examine all reports, sketches, estimates, special provisions, drawings, and other documents presented by ENGINEER and shall render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the performance of ENGINEER. 6. Provide all legal services as may be required for the development of this project. 7. Retain the services of a soils consultant to provide any necessary geotechnical evaluation and recommendations. 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. Payment Requests ENGINEER's review of Payment Requests from contractor(s) will not impose responsibility to determine that title to any of the work 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. RAW:mro\R:\MAD\Documents \Agreements\D\Dubuque, City of (IA)1CogenerationFacilities r@WPCP.2010\Agr \1154.023.docx STRAND ASSOCIATES, INC.. E N G I N E E R S City of Dubuque Page 7 September 16, 2010 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 or time 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 for which additional compensation will be charged by ENGINEER will be furnished 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 regulatory or code - related 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 statements. Nonpayment 30 days after the date of receipt of invoice may, at ENGINEER's option, result in assessment of a 1 percent per month carrying charge on the unpaid balance. Nonpayment 45 days after the 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, soil borings, groundwater data, chemical analyses, geotechnical testing, reports, calculations, designs, drawings, specifications, record drawings, contractor's marked -up drawings, and topographical surveys. Insurance ENGINEER will maintain throughout the terms of this Agreement insurance in accordance with the attached City of Dubuque Insurance Schedule C. RAW:mro\R:\ MAD\ Documents\Agreements\D\Dubuque, City of ( IA)\ CogenerationFacilities @WPCP.2010\Agr \1154.023.docx STRAND ASSOCIATES, INC.. ENGINE E R S City of Dubuque Page 8 September 16, 2010 Change in Scope of Services No change in scope will be permitted during this project without the prior written agreement of both parties and the Scope of Services being amended. Substitution of Project Team Members The Project Manager, partners, management, other supervisory staff, and technical specialists proposed for the project may be changed if personnel are no longer employed by ENGINEER. These personnel may also be changed for other reasons. However, in either case, OWNER retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express, prior written permission of OWNER. Indemnification To the fullest extent permitted by law, ENGINEER will indemnify and hold harmless OWNER from and against all claims, damages, losses and expenses, including but not limited to reasonable attorneys' fees, arising out of or resulting from performance of this Agreement, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property including loss resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of ENGINEER, ENGINEER's subconsultant, or anyone directly or indirectly employed by ENGINEER or ENGINEER's subconsultant or anyone for whose acts ENGINEER or ENGINEER's subconsultant may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Errors and Omissions In the event that the Services product 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. 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. 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 this Agreement shall become the property of OWNER upon completion of the services and payment in full of all moneys due to ENGINEER. RAW:mro\R:\ MAD \Documents\Agreements \D\Dubuque, City of ( IA)\ CogenerationFacilities @WPCP.2010\Agi\I 154.023.docx STRAND ASSOCIATES. INC.* E N G I N E E R S City of Dubuque Page 9 September 16, 2010 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. Termination This Agreement may be terminated with cause in whole or in part in writing by either party subject to a two -week 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 this project to carry out the intent of this provision. Dispute Resolution Except as otherwise provided in this Agreement, either party may request non - binding 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. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement. ENGINEER: STRAND ASSOCIATES, INC. Matthew S. Richards OWNER: CITY OF DUBUQUE Aci t at Michael C. Van Milligen Corporate Secretary City Manager RAW:mro\R :\MAD'Documents Agreements\D\Dubuque, City of ( IA)\ CogenerationFacilities @WPCP.2010\Agr\1154.023.docx (07) -6' Date THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 AWL INSR avid WVD POLICY NUMBER POLICY EFF (MM1DD/YYYY) POLICY EXP (MMIDOfYYYY) UMITS A GENERAL UABIUTY COMMERCIAL GENERAL LIABILITY X OCCUR aggre x CCS0113607 01/01/08 01 /01 /11 EACH OCCURRENCE 51,000,000 X P coccurrence) $ 100,000 $ 5,000 CLAIMS -MADE I MEDEXP(Anyoneperson) X Per Project PERSONAL&ADVINJURY 51,000,000 $ 2,000,000 GENERAL AGGREGATE GENL AGGREGATE LIMIT APPLIES PER: POLICY I X PRO- n LOC PRODUCTS - COMP/OP AGG $ 1,000,000 7 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CBA0113607 01/01/10 01 /01 /11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ — X PROPERTY DAMAGE (Per accident) $ X $ $ A UMBRELLA LIAR EXCESS LAB X OCCUR CLAIMS -MADE X CCU0133607 01 /01 /10 01/01/11 EACH OCCURRENCE $10,000,000 AGGREGATE 510,000,000 DEDUCTIBLE RETENTION $ 10,000 $ — X $ A WOR10ERSCOMI'ENSAnON AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIV OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N yes. describe under DESCRIPTION OF OPERATIONS N N / A CWC 0650748 11/01/09 11/01/10 X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 I t E.L. DISEASE- EA EMPLOYEE $ 1,000,000 below E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 C Professional Liab. & Pollution Liab.* AEH11- 397 -40 -97 CLAIMS -MADE 07/11/10 07/11/11 Full 5,000,000 PriorActs DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) PROJECT: City of Dubuque WPCP Cogeneration Facilities Design, Bidding, and Construction Services The City of Dubuque, ts elected & appointed fficials, all its employees & volunteers, all its boards commissions and/or authorities and their board members, employees & volunteers are named (SEE NOTES) R17 CERTIFICATE OF LIABILITY INSURANCE OPID SS 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 thls certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER KLEIN INS. GROUP OF MADISON 702 N. HIGH POINT RD., STE 201 PO BOX 45470 MADISON WI 53744 -5470 Phone:608- 831 -9700 Fax:608- 831 -4777 INSURED Strand Associates, Inc. & PEH Engineers Shawn Cannon 910 W Wingra Dr Madison WI 53715 bUI IAI.I NAME: Sue Simoneau 1 (ac,No): 608 - 831 -4777 J PHONE 608- 831 -9700 ADDRESS: ssimoneau @kleinins.com CUSTOMER ID A: STRAAO 1 INSURERS) AFFORDING COVERAGE INSURERA: Regent Insurance Co. INSURER B : IN$uRERC: CNA Insurance Companies INSURER D : INSURER E : INSURER F DATE (MIWDDIYYYY) 09/17/10 NAIC # 20443 COVERAGES CERTIFICATE HOLDER ACORD 25 (2009109) CERTIFICATE NUMBER: CANCELLATION The ACORD name and logo are registered marks of ACORD REVISION NUMBER: City of Dubuque City Hall 13th & Central Avenue Dubuque IA 52001 CITYD05 SHOULO ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988 -2009 A RD CORPORATION. All rights reserved. as additional insureds on General Liability as per the Blanket Additional Insured endorsement - CS 1355 (see attached) Commercial General Liability is primary and non - contributing CS 1319 (04 00) - Amendment - General Liability Aggregate limits of Insurance (per location) is attached. Also attached is CS 0006 (12 06) page 13 or 18 Commercial Marketplace Policy Liability Coverage form which describes the Aggregate Limits under the General Liability. Governmental Immunity Endorsement is attached THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT - LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL MARKETPLACE POLICY LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization 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. The following is added to Section C. (WHO IS AN INSURED): 6. The person or organization named In the Schedule above (called additional insured) whom you are required to add as an additional Insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: a. Currently In effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury" 'property damage, or "personal and advertising injury." The following additional provisions apply to the coverage described above: a. Limitations The insurance provided to the additional insured is limited as follows: (1) That person or organization is an additional insured solely for liability due to your negligence specifically resulting from your work" for the additional insured which is the subject of the written contract or written agreement No coverage applies for any liability due to negligence attributable to any person or entity other than the Named Insured. CS 13 55 09 04 (2) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or In the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not In addition to, the Limits of Insurance shown In the Declarations. The coverage provided to the additional insured by this endorsement and paragraph 1. of the definition of "insured contract" under the LIABILITY AND MEDICAL EXPENSES DEFINITIONS (SECTION F) 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. When coverage does apply to "bodily injury° or "property damage° arising out of the 'products - completed operations hazard" such coverage will not apply beyond the lesser of: (a) The period of time required by the written contract or written agreement or (b) Five years from the completion of your work" on the project which is the subject of the written contract or written agreement. (3) Pol.# O^S 0113607 COMMERCIAL MARKETPLACE POLICY CS 13550904 Includes copyrighted material of insurance Services Office Inc., with Its permission. Copyright, insurance Services Office. inc. 2002 Page 1 of 2 (4) The insurance provided to the additional insured does not apply to °bodily injury," "property damage," or °personal and advertising injury" arising out of the rendering of or failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (5) We have no duty to defend or indemnify an additional insured under this endorsement: (a) For any liability due to negligence attributable to any person or entity other than the Named insured. (b) For any Toss which occurs prior to our named insured commencing operations at the location of the loss. (c) Until we receive written notice of a claim or "suit" from the additional insured as required in the Duties In The Event of Occurrence, Offense Claim or SuIt Condition. b. Conditions The LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS (SECTION 5) and the COMMON POLICY CONDITIONS are amended as follows: COMMERCIAL MARKETPLACE POLICY C513 55 09 04 (1) The following is added to the Duties in The Event of Occurrence, Offense, Claim or Suit Condition of the LIABILITY AND MEDICAL. EXPENSES GENERAL CONDITIONS (SECTION E): An additional insured under this endorsement will as soon as practicable: (a) an Ge offense written or to us whit may result na claim or "suit" under this Insurance; (b) Agree to trigger or activate any other insurance which the addtional Insured has for a loss we Cover under this Coverage Part by tendering the defense to the Insurers of di such other insurance; (2) The following Is added to the Paragraph H. (OTHER INSURANCE) of the COMMON POLICY CONDITIONS: H. OTHER INSURANCE 4. This Insurance Is excess over any other insurance naming the additional Insured as an insured whether primary, excess, contingent or on any other basis unless the written contract or agreement described in 6. above specifically requires that this insurance be provided on either a primary basis or a primary and noncontributory basis. Includes copyrighted material of insurance Services Office Inc., Page 2 of 2 with its permission. Copyright, insurance Services Office, Inc. 2002 CS 13 55 09 04 COMMERCIAL MARKETPLACE POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -AGGREGATE LIMITS OF INSURANCE (PER LOCATION) This endorsement modifies insurance provided under the following: COMMERCIAL MARKETPLACE POLICY LIABILITY COVERAGE FORM The following is added to paragraph 4.b. of section D. • LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE in the Commercial Marketplace Policy Liability Coverage Form: This aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right -of -way of a railroad. CS 1319 04 00 Page 1 of 1 c. Business Liability Coverage does not ap- ply to "personal injury" or "advertising in- jury' arising out of an offense committed before you acquired or formed the or- ganization. 4. Any person or organization for which you are required: a. By written contract; or b. Because of the issuance or existence of a permit; To provide coverage of the type afforded by Business Liability Coverage for operations performed by you or on your behalf or for fa- cilities you own, rent or control. However, coverage provided by this provision shall not apply: a. To an "occurrence" which takes place prior to the execution or issuance of the contract or permit; b. Unless you: (1) Give us no later than the first day of the policy period the name of any person or organization subject to this provision; or (2) Notify us promptly, upon the execu- tion of a contract or issuance of a permit, of the date such person or or- ganization shall be included as an in- sured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited Liability company that is not shown as a Named In- sured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Decla- rations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 2. The most we will pay for the sum of all dam- ages because of alt: a. "Bodily injury", °property damage" and medical expenses arising out of any one "occurrence "; and b. "Personal injury' and "advertising injury° sustained by any one person or organiza- tion; CS 00 0612 06 Is the Liability and Medici Expenses limit shown in the Declarations. But the most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expense Limit shown in the Dec- larations. 3. The most we will pay under Business Liability Coverage for damages because of 'property damage" to a premises white rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire or explosion is the Fire Damage Limit shown in the Declarations. Aggregate Limits The most we will pay for: Injury or damage under the "products - completed operations hazard" arising from all "occurrences" during the policy period is the Products/Completed Opera- tions Aggregate limit shown on the Decla- rations; and b Ali other injury or damage, including medical expenses, arising from all 'oc- currences" during the pricy period is the General Aggregate limit shown on the Declarations. This limitation does not ap- ply to 'property damage" to premises while rented to you or temporarily occu- pied by you with permission of the owner, arising out of fire or explosion. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the pol- icy period shown in the Dedarations, unless the policy period is extended after issuance for an additional period d less than 12 months. In that case, the addtionai period will be deemed part of the last preceding period for purposes of determining the Limits of In- surance. E. LIABILITY AND MEDICAL EXPENSES GEN- ERAL. CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this policy_ 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence' or an offense which may result in a claim. To the extent possible, notice should in- clude: (1) How, when and where the 'occur- rence" or offense took place; Page 13of18 Strand Associates, Inc. pot. # O S 0113607. ' CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it Is now exists and as it may be amended from time to time. 2. Claims Coveraa . The insurance carrier further agrees that this policy of insurance shall cover only those•claims not subject to the defense of governmental Immunity under the Code of Iowa Section 670.4 as it now exists and as It may be amended • from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non - Denial of Coverage, The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits - accruing to the City of Dubuque. Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled In favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. • No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter.the coverage available under the policy. 1 of 1 January 2008 •