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Signed Contracts_10th and Central Parking Ramp_Fire Headquarters Expansion Testing_Inspection ServicesTHE CITY OF DUB Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Steve Sampson Brown, Project Manager SUBJECT: 10 & Central Parking Ramp and 10 & Central Fire Headquarters Expansion Construction Testing & Inspection Services DATE: November 22, 2010 INTRODUCTION DISCUSSION 1. Terracon Consultants, Inc. (Bettendorf, Iowa) 2. Chosen Valley Testing (Dubuque, Iowa) 3. IIW Engineers & Surveyors, PC (Dubuque, Iowa) 4. TEAM Services (Des Moines, Iowa) 5. Braun Intertec (Cedar Rapids, Iowa) $135,000 $77,397 $69,999 $88,091 $64,819 Dubuque Itakati y I. 2 The purpose of this memorandum is to seek approval for IIW Engineers & Surveyors, PC (Dubuque, Iowa) to provide construction testing and inspection services for the 10 & Central Parking Ramp and 10th & Central Fire Headquarters Expansion Project (the Project). A Request for Proposals (RFP) was issued for the required construction testing and inspection services for the Project. The City received responses from five consultants: Due to the highly technical nature of the RFP and the integral role of the inspection firm having to work with the design team members, the following people served on the RFP review committee: Tim Horsfield (Parking Division Supervisor), Steve Sampson Brown (Project Manager), and Yury Swetin (Desman — Manager of Structural Engineering), Jeff Henriksen (Desman — Project Architect), Indu Basavarajappa (Desman — Construction Resident Engineer). Based on review of the submitted proposals and specifically each consultant's understanding of the level of effort involved with this project, their prior demonstrated competence, and the experience and qualifications of personnel assigned to this project, it is recommended that IIW Engineers & Surveyors, PC (IIW) be awarded the professional services agreement/contract in the amount of $69,999. This amount shall include: supervision, equipment, technical reports, printing, postage, and telephone expenses ($62114); and- travel expenses ($7,885). This fee has been included in the budgets developed for the 10 & Central Parking Ramp (7302179) and the Fire Headquarters Expansion 'Capit'al Improvement Project (7302266). While Braun Intertec submitted the lowest .cost )proposal, it was clear from their proposed budget that they significantly undervalued the amount of work required to inspect and test the cast -in -place concrete. The Agreement has been reviewed and approved by City Attorney Barry Lindahl; and the certificate of liability insurance has been reviewed and approved by the Finance Director Ken Tekippe. ACTION TO BE TAKEN Approval to retain the services of IIW Engineers & Surveyors, PC for the 10 & Central Parking Ramp and 10 & Central Fire Headquarters Project for construction testing and inspection services is requested by execution of the attached contract. cc: Gus Psihoyos, City Engineer Tim Horsfield, Parking Division Supervisor Attach. IIW ENGINEERS & SURVEYORS, P.C. July 27, 2010 Steve Sampson Brown City of Dubuque Engineering Department 50 West 13th Street Dubuque, Iowa 52001 -4864 Re: 10th & Central Parking Ramp Construction Testing & Inspection Project Fees and Compensation Letter IIW Project No: 10119-00 Dear Steve: Thank you for allowing IIW Engineers & Surveyors, P.C. an opportunity to submit our Proposal for the 10th & Central Parking Ramp Construction Testing & Inspection Project. We have also included costs for providing additional services for related work, should the need arise. Our total estimated cost to complete the scope of work discussed is $62,114.00 (Sixty two thousand and one hundred - fourteen dollars and no cents), which includes supervision, equipment, technical reports, printing, postage, and telephone expenses. Please refer to attached Exhibit A for a detailed breakdown of the anticipated costs. Our reimbursable expense budget for travel time is $7,885.00 (Seven thousand, eight hundred eighty five dollars and zero cents). Our hourly rates for personnel assigned to the project are listed on Exhibit B. The final invoice will be based on a time and materials basis. Please keep in mind that these quantities are estimated. Work of this nature is variable, and quantities can vary widely due to varying site conditions, contractor's schedule, unknown number of retests, etc. The fees and compensation will remain firm for a period of at least 60 days from the RFP submission deadline. We look forward to working collaboratively with you throughout this project. If you have any questions, or require further assistance, please do not hesitate to contact us. We appreciate the opportunity to submit our qualifications for this Proposal. Sincerely, IIW ENGINE RS & SURVEYORS, P.C. Michael A. Jansen, P.E., S.E. Principal Civil & Structural Engineer Chief Executive Officer I hereby accept this Ppposal and General Terms and Conditions. Authorized Signature Enclosures Robert L. Baumhover Construction Services Department Coordinator Date ///ayo 4155 Pennsylvania Avenue, Dubuque, Iowa 52002 -2628 • [P] 563.556.2464/800.556.4491 • [F] 563.556.8711 BUILDING DESIGN CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING www.iiwengr.com Dennis F. Waugh, PE/SE* Charles A. Cate, PE Gary D. Sejkora, PE Michael A. Jansen, PE/SE Ronald A. Balmer, PE/SE/AIA John M. Tranmer, PLS Timothy J. Tranel, PE* John F. Wandsnider, PE Julie P. Neebel, PE James P. Kaune, PE Thomas J. Oster, PLS Wray A. Childers, PLS Geoffry T. Blandin, PE Mark C. Jobgen, PE Lauren N. Ray, PE/SE* Bradley J. Mootz, PE/SE Cody T. Austin, PE* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, AIA* Alice M. Ohrtmann, PE Craig J. Elskamp, AIA * LEED AP j iw INTEGRITY. EXPERTISE. SOLUTIONS. IIW ENGINEERS & SURVEYORS, P.C. iiw THE FOLLOWING GENERAL TERMS AND CONDITIONS SHALL APPLY TO THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN IIW ENGINEERS & SURVEYORS, P.C., HEREIN REFERRED TO AS THE CONSULTANT, AND THE CLIENT IDENTIFIED IN THE ATTACHED AGREEMENT. General Terms and Conditions For City of Dubuque Agreements The Client shall provide all criteria and full information with regard to his or her requirements for the Project, and shall designate a person to act with authority on his or her behalf with respect to all aspects of the Project. This shall include, but not be limited to, review and approval of design issues in the schematic design phase, design development phase, and contract documents phase. These approvals shall include an authorization to proceed to the next phase. Services beyond those outlined in the proposal may be required or be required as a result of unforeseen circumstances. The Consultant under terms mutually agreed upon by the Client and the Consultant may provide these services. For the scope of services agreed upon, the Client agrees to pay the Consultant the compensation as stated. Invoices for the Consultant's services shall be submitted, at the Consultant's option, either upon completion of any phase of service or on a monthly basis. Invoices shall be payable when rendered and shall be considered past due if not paid within 30 days after the invoice date. A service charge will be charged at the rate of 1.5% (18% true annual rate) per month or the maximum allowed by law on the then outstanding balance of Past Due accounts. In the event any portion of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attomey's fees. The Consultant shall secure and maintain professional liability insurance, commercial general liability insurance, and automobile liability insurance to protect the Consultant from claims for negligence, bodily injury, death, or property damage which may arise out of the performance of the Consultants services under this Agreement, and from claims under the Worker's Compensation Acts. The Consultant shall, if requested in writing, issue a certificate confirming such insurance to the Client. Consultant shall at all times during the performance of this Agreement provide insurance as required by the City of Dubuque Insurance Schedule C with a Certificate of Insurance on file with the City. The Client and the Consultant 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 attomey'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 Client and Consultant, they shall be bome 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. The Client and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association effective as of the date of this agreement. The City acknowledges the Consultants plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, any plans, specifications or studies prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. Copies of documents that may be relied upon by the Client are limited to the printed copies (also known as hard copies) that are signed or sealed by the Consultant. Files in electronic media format or text, data, graphic, or of other types that are furnished by the Consultant to the Client are only for convenience of the Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, the Consultant 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 Consultant at the beginning of this project. The delivery of electronic information to Contractors is for the benefit of the Owner for whom the design services have been performed. Nothing in the transfer should be construed to provide any right of the Contractor to rely on the information provided or that the use of the electronic information implies the review and approval by the Design Professional of the information. Electronic information is drawings, data, modeled data, or computational models. It is our professional opinion that this electronic information provides design information current as of the date of its release. Any use of this information is at the sole risk and liability of the user who is also responsible for updating the information to reflect any changes in the design following the preparation date of this information. The transfer of electronic information is subject to the approval of the Design Professional. Depending upon the type of information requested, and the format, a fee may be required for acquisition of the data, payable to the Design Professional. Contractors are required to submit a request in writing to the Design Professional indicating Page 1 of 2 IIW ENGINEERS & SURVEYORS, P.C. Page 2 of 2 I IW the type and format of the information requested. The Design Professional will make a reasonable effort to determine whether or not the information can be provided as requested, and the fee for providing the information. If this Agreement provides for any construction phase services by the Consultant, it is understood that the Contractor, not the Consultant, its agents, employees, or sub - consultants, is responsible for the construction of the project, and that the Consultant is not responsible for the acts or omissions of any contractor, subcontractor, or material supplier; for safety precautions, programs, or enforcement; or for construction means, methods, techniques, sequences, and procedures employed by the Contractor. When included in the Consultant's scope of services, opinions of probable construction cost are prepared on the basis of the Consultant's experience and qualifications and represent the Consultant's judgment as a professional generally familiar with the industry. However, since the Consultant has no control over the cost of labor, materials, equipment, or services fumished by others; over contractor's methods of determining prices, or over competitive bidding or market conditions, the Consultant cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from the Consultant's opinions of probable construction cost. The Client and the Consultant each binds himself or herself, partners, successors, executors, administrators, assigns, and legal representative to the other party of this Agreement and to the partners, successors, executors, administrators, assigns, and legal representative of such other party in respect to all covenants, agreements, and obligations of this Agreement. Neither the Client nor the Consultant shall assign, sublet or transfer any rights under or interest in (including but without limitations, monies that may be due or monies that are due) this Agreement, without the written consent of the other, except as stated in the paragraph above, and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assigner from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Consultant from employing such independent consultants, associates, and sub - contractors, as he or she may deem appropriate to assist in the performance of services hereunder. It is acknowledged by both parties that the Consultant's scope of services does not include any services related to the presence at the site of asbestos, PCB's, petroleum, hazardous waste, or radioactive materials. The Client acknowledges that the Consultant is performing professional services for the Client and the Consultant is not and shall not be required to become an "arranger ", "operator", "generator", or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA). The Client may terminate this Agreement with seven days (7) prior written notice to the Consultant for convenience or cause. The Consultant may terminate this Agreement for cause with seven (7) days prior written notice to the Client. The Client is obligated to pay for all services rendered up to the date the Consultant receives the written notice of intent to terminate. Failure of the Client to make payments when due shall be cause for suspension of services or ultimately termination, unless and until the Consultant has been paid in all full amounts due for services, expenses, and other related charges. This Agreement supersedes all terms and conditions contained on a purchase order typically procuring products. It is understood by both parties upon execution of this agreement that if a purchase order is issued, it is for accounting purposes only. Purchase order terms and conditions are void and are not a part of our agreement. EXHIBIT A IIW ENGINEERS & SURVEYORS, P.C. 2010 Fee Schedule - Testing Services Re: 10th & Central Parking Ramp Construction Testing & Inspection Project IIW Project No: 10119-00 Date: July 27, 2010 TESTING AND INSPECTION SEVICES PORTLAND CEMENT C NCRETE (PCC) QUALITY CONTROL TESTING SERVICES Post - Tensioning Inspection 96 Hours $ 83.00 $ 7,968.00 (1 man x 12 deck pours x 8 hrs. = 96 hrs.) Pre -Pour Rebar & Tendons Inspection 210 Hours $ 83.00 $ 17,430.00 (1 man x 105 pours x 2 hrs. = 210 hrs.) C31 Making and Curing PCC Specimens in the Field -1 man on deck x 12 deck pours x 6 hrs. = 72 hrs. 72 Hours $ 83.00 $ 5,976.00 -1 man x 93 pours x 2 hrs. = 186 hrs. 186 Hours $ 83.00 $ 15,438.00 - 2 men on ground testing x 12 deck pours x 3 hrs. = 72 hrs. 72 Hours $ 51.00 $ 3,672.00 C143 Slump of PCC Included in C31 C172 Sampling Freshly Mixed Concrete Included in C31 C231 Air Content of PCC by Pressure Method Included in C31 (every truckload for above grade structural concrete) C1064 Temperature of Freshly Mixed PCC Included in C31 C39 Compressive Strength of Cylindrical PCC 420 Each $ 15.00 $ 6,300.00 Specimen (4 cyl. x 105 pours ) C42 Compressive Strength of Drilled Core 0 Each $ 20.00 $ - (Requires C617, CT542 & Sample Prep) C617 Bonded Cap 0 Each $ 5.00 $ - C1542 Measuring Length of Concrete Cores 0 Each $ 62.00 $ - (Mod.) Sample Prep. C39, C42 0 Hours $ 62.00 $ - C1231 Use of unbonded caps in determination of 0 Cylinder NIC compressive strength of hardened concrete cylinders C70 Surface Moisture in Fine Aggregate 0 Hours $ 62.00 $ - C293 Flexural Strength of PCC Beam (Center Point 0 Each $ 20.00 $ - Loading) C295 Petrographic Analysis 0 Each Cost Plus 10% Prepare, print, and distribute reports and 6 Hours $ 46.00 $ 276.00 documentation. NOTE: 1. All hourly rates are portal to portal. 2. Additional services available upon request. 3. Unit prices for technician fees vary from $51.00/hr. to $83.00 /hr. Technicians are assigned by availability. 4. I called J.P. Cullen and asked if they had calculated the number of concrete pours, they informed me that they have not at this time. 5. I called Desmond Associates's Project Manager and their Structural Engineer and they explained the scope of concrete testing and inspection that would be required, this conversation reflects my numbers. 4155 Pennsylvania Avenue • Dubuque, Iowa 52002 -2628 • [P] 563.556.2464 [F] 563.556.7811 TOTAL $ 57,060.00 IIW INTEGRITY. EXPERTISE SOLUTIONS ENGINEERS & SURVEYORS, P.C. EXHIBIT A IIW ENGINEERS & SURVEYORS, P.C. 2010 Fee Schedule - Testing Services Re: 10th & Central Parking Ramp Construction Testing & Inspection Project IIW Project No: 10119-00 Date: July 27, 2010 TESTING AND INSPECTION SERVICES (SPECIFICATION SECTION 04200 & 04222) MASONRY INSPECTION AND TESTING SERVICES Masonry Inspection, Making Mortar 20 Hours $ 83.00 $ 1,660.00 Cubes & Grout Specimens C140 Measurement and Testing of 3 Tests $125.00 $ 375.00 Concrete Masonry Units C780 Compressive Strengthof Mortar Cubes 4 Cubes $ 20.00 $ 80.00 C1019 Compressive Strength of Grout Specimens 4 Specimens $ 20.00 $ 80.00 Prepare, print, and distribute reports and 2 Hours $ 46.00 $ 92.00 documentation. TOTAL $ 2,287.00 NOTE: 1. All hourly rates are portal to portal. 2. Additional services available upon request. 3. Unit prices for technician fees vary from $51.00/hr. to $83.00 /hr. Technicians are assigned by availability. This estimate uses the highest billed rate. 4155 Pennsylvania Avenue • Dubuque, Iowa 52002 -2628• [P] 563.556.2464 [F] 563.556.7811 ♦♦ IIW INTEGRITY. EXPERTISE. SOLUTIONS. ENGINEERS & SURVEYORS, P.C. EXHIBIT A IIW ENGINEERS & SURVEYORS, P.C. 2010 Fee Schedule - Testing Services Re: 10th & Central Parking Ramp Construction Testing & Inspection Project IIW Project No: 10119-00 Date: July 27, 2010 TESTING AND INSPECTION SERVICES (SPECIFICATION SECTION 03410, 03450, 05120, 05300 & 05500) STRUCTURAL STEEL & PRECAST CONCRETE INSTALLATION INSPECTION SERVICES AWS D1.1 Visual Welding Inspection 25 Hours $ 83.00 $ 2,075.00 Erection of Precast Inspection 0 Hours $ 83.00 $ - AWS D1.1 Ultrasonic & Magnetic Particle 6 Hours $ 100.00 $ 600.00 Welding Inspection RCSC Bolting Inspection 0 Hours $ 83.00 $ - Prepare, print, and distribute 2 Hours $ 46.00 $ 92.00 reports and documentation. NOTE: 1. All hourly rates are portal to portal. 2. Additional services available upon request. 3. Unit prices for technician fees vary from $51.00 /hr. to $83.00 /hr. Technicians are assigned by availability. This estimate uses the highest billed rate. 4155 Pennsylvania Avenue • Dubuque, Iowa 52002 -2628 • [P] 563.556.2464 [F] 563.556.7811 TOTAL $ 2,767.00 ♦♦ IIw INTEGRITY. EXPERTISE. SOLUTIONS. ENGINEERS & SURVEYORS, P.C. EXHIBIT A IIW ENGINEERS & SURVEYORS, P.C. 2010 Fee Schedule - Testing Services Re: 10th & Central Parking Ramp Construction Testing & Inspection Project IIW Project No: 10119 -00 Date: July 27, 2010 TESTING AND INSPECTION SERVICES (Specification Section 02200 & 02465) SOIL QUALITY CONTROL TESTING SERVICES D421 Dry Preparation of Soil and Aggregates 0 Hours $62.00 $ - D1556 Density and unit weight of soil in -place by the sand cone method 0 Hours $83.00 $ - D698 Standard Proctor 4 -point 4" Mold (3 hours per proctor lab test) 3 Hours $62.00 $ 186.00 6" Mold 0 Hours $62.00 $ - D1557 Modified Proctor — 4 point 4" Mold 0 Hours $62.00 $ - 6" Mold 0 Hours $62.00 $ - C136 Sieve Analysis — Fine and Coarse Aggregate Up to 3/4" Max. Nominal Size 3 Hours $ 62.00 $ 186.00 Up to 3" Max. Nominal Size 3 Hours $ 62.00 $ 186.00 D698/1557 One Point Compaction 0 Hours $83.00 $ - Travel & Report Time per Trip (Est. 1 hour x 10 trips) 10 Hours $83.00 $ 830.00 D2922 Density of soil- aggregate in -place by the nuclear method (Est. 0.5 hour x 10 Trips) 5 Hours $100.00 $ 500.00 Prepare, print, and distribute reports and documentation. 4 Hours $46.00 $ 184.00 NOTE: 1. All hourly rates are portal to portal. 2. Additional services available upon request. 3.Unit prices for technician fees vary from $51.00 /hr. to $83.00 /hr. Technicians are assigned by availability. This estimate uses the middle billing rate. 4155 Pennsylvania Avenue • Dubuque, Iowa 52002 -2628• [P] 563.556.2464 [F] 563.556.7811 TOTAL $ 2,072.00 ♦♦ I IW INTEGRITY. EXPERTISE. SOLUTIONS. ENGINEERS & SURVEYORS, P.C. EXHIBIT B IIW ENGINEERS & SURVEYORS, P.C. 2010 Fee Schedule - Project Team Members Re: 10th & Central Parking Ramp Construction Testing & Inspection Project IIW Project No: 10019-00 Date: July 27, 2010 PROJECT TEAM MEMBER WORK CATEGORY FEE SCHEDULE /HOUR Dennis Waugh, P.E., S.E. PE 5 $151.00 Michael Jansen, P.E., S.E., C.E.O. PE 5 $151.00 Geoff Blandin, P.E. PE 4 $133.00 Robert Baumhover CS $88.00 Timothy O'Brien TECH 4 $83.00 Dan Schlueter TECH 3 $72.00 Terry Kluesner TECH 3 $72.00 Ryan Obrecht TECH 2 $62.00 4155 Pennsylvania Avenue • Dubuque, Iowa 52002 -2628 • [P] 563.556.2464 [F] 563.556.7811 INTEGRITY. EXPERTISE. SOLUTIONS. iiw ACORD CERTIFICATE OF LIABILITY INSURANCE 7/2 /2o 0 PRODUCER (563) 556 -0272 FAX: (563) 556 -4425 Friedman Insurance, Inc. 880 Locust Street - Suite 200 P 0 Box 759 Dubuque IA 52004 -0759 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED IIW Engineers & Surveyors P.C. 4155 Pennsylvania Ave. Dubuque IA 52002 INSURER Secura Insurance Company 22543 INSURER B: CNA INSURER C: INSURER D: INSURER E: COVERAGES 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 POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR ADD'L JWSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MMIDDNY) LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CP003033699 11/7/2009 11/7/2010 EACH OCCURRENCE $ 1,000,000 PREMAI ES $ 100,000 MED EXP (Any one person) $ 10,000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER 7 POLICY I - x l JECT r1 LOC A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS A003033700 11/7/2009 11/7/2010 COMBINED SINGLE LIMB (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA ]{ X LIABILITY I OCCUR DEDUCTIBLE RETENTION $5,000 CLAIMS MADE CU003033702 11/7/2009 11/7/2010 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ $ $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFlCER/MEMBEREXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC3033701 11/7/2009 11/7/2010 WC ST IMIT 0TH- x TORY LIMITS ER E.L. EACH ACCIDENT $ 500,000 E . DISEASE- EA EMPLOYEE $ 500,000 E . DISEASE - POLICY LIMIT $ 500, 000 B OTHER Professional Liability AEH004316390 2/18/2010 2/18/2011 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONSADDED BY ENDORSEMENT /SPECIAL PROVISIONS 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 are included as Additional Insureds on the above Liability (Form CG2026 or equivalent). Governmental Immunities Endorsement applies. Waiver of Subrogation applicable to Workers Compensation.RE: 10th & Central Ave. Parking Ramp CERTIFICATE HOLDER CANCELLATION CITY OF DUBUQUE 50 W. 13th St. City Hall Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE T Friedman, CPCU /TJ ACORD 25 (2001/08) NS025 (0108).08a © ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS025'(0108).08a Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED WRAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESSOWNERS LIABILITY COVERAGE FORM 1. Additional Insured When Required by Written Construction Contract ILE 10 37 05 05 A. Operations Performed 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 writing in a contract or agreement 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: 1. Your acts or omissions; or 2. 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 when your operations for that additional insured are completed. B. Limitations The Operations Performed for an Additional Insured coverage is limited as follows: 1. 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: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. This insurance does not apply to "Bodily injury" or "property damage" occurring after: a. 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 b. 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. 3. The Limits of Insurance applicable to the additional insured are those specified in the written contract or 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. Includes copyrighted material of Insurance Services Office, with its permission Page 1 of 2 2. Additional Insured When Required by Written Construction Contract — Completed Operations A. Additional Insured - Completed Operations WHO IS INSURED is amended to include as an additional insured any person or organization, when you and such person or organization have agreed in writing in a contract or agreement 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". B. Limitations The Additional Insured - Completed Operations coverage is limited as follows: 1. A person or organization's status as an insured under Additional Insured - Completed Operations continues only for the period of time required by the written contract or agreement. If no time period is required by the written contract or agreement, a person or organization's status as an additional insured under this endorsement will not apply beyond the lesser of: a. The period of time required by the written contract or agreement; or b. Five years from the completion of "your work' on the project which is the subject of the written contract or agreement. 2. 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. 3. The Limits of Insurance applicable to the additional insured are those specified in the written contract or 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. 4. 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 agreement. 3. Primary and Noncontributory As respects the coverage provided under this endorsement, Paragraph 4. of the Other Insurance Condition is deleted and replaced by the following: 4. Other Insurance b. Excess Insurance 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 1. and 2., above specifically requires that this insurance be either primary or primary and noncontributory. 4. Waiver of Transfer of Rights of Recovery Against Others to Us LIABILITY CONDITIONS; Transfer of Rights of Recovery Against Others to Us, 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 agreement 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. 5. Amendment — Aggregate Limits of Insurance (Per Project) The General Aggregate Limit under LIMITS OF INSURANCE 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 ". ILE 10 37 Includes copyrighted material of Insurance Services Office, with its permission Page 2 of 2 05 05 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY GENERAL LIABILITY WRAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is a summary of the coverages provided in this Endorsement. This Endorsement is applicable only to those premises described in the Declarations. A NON -OWNED WATERCRAFT 1 B. NON -OWNED AIRCRAFT HIRED WITH CREW 1 C. DAMAGE TO PREMISES RENTED TO YOU 1 D. PERSONAL AND ADVERTISING INJURY - BROAD FORM 2 E. MEDICAL PAYMENTS INCREASED LIMIT 2 F. SUPPLEMENTARY PAYMENTS INCREASED LIMITS 2 G. NEWLY FORMED OR ACQUIRED ORGANIZATIONS 2 H. ADDITIONAL INSURED - BUILDING OWNER 2 I. ADDITIONAL INSURED BY CONTRACT 2 J. DUTIES AFTER LOSS REDEFINED 3 K BODILY INJURY REDEFINED 3 L. UNINTENTIONAL FAILURE TO DISCLOSE 3 With respect to coverage provided by this Endorsement, the provisions of the Coverage Form apply unless modified by the Endorsement. A. NON -OWNED WATERCRAFT 1. SECTION 1, COVERAGE A, 2. Exclusions, g. Aircraft, Auto or Watercraft, Paragraph (2) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 2. This coverage applies to any person who, with your expressed or implied consent, either uses or is responsiblefor the use of a watercraft. 3. This coverage does not apply if there is any other insurance for "bodily injury" or "property damage" liability that would also apply to loss covered under this coverage, whether the other insurance is primary, excess, contingent or on any other basis. A policy issued by us to apply specifically in excess of this policy is not considered other insurance. B. NON -OWNED AIRCRAFT HIRED WITH CREW 1. SECTION I, COVERAGE A., 2. Exclusions, g. Aircraft, Auto or Watercraft, does not apply to an aircraft that is: a. Not owned by any insured; and b. Hi red or chartered by, or loaned to you, with a paid crew for the sole use of transporting your "employees." 2. This coverage does not apply if there is any other insurance for "bodily injury" or "property damage" liability that would also apply to loss covered under this coverage, whether the other insurance is primary, excess, contingent, or on any other basis. A policy issued by us to apply specifically in excess of this policy is not considered other insurance. C. DAMAGE TO PREMISES RENTED TO YOU SECTION I, COVERAGE A, 2. Exclusions, j. Damage to Property, is amended to remove the limitation that the property be rented to you for a period of 7 or fewer days. Coverage applies when the premises is rented to you or temporarily occupied by you with the permission of the owner. CGT 1000 1001 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 3 SECURA INSURANCE, A Mutual Company D. PERSONAL AND ADVERTISING INJURY - BROAD FORM 1. SECTION I, COVERAGE B, 2. Exclusions, e. Contractual Liability, is deleted. 2. The following is added to the "Personal and Advertising Injury" definition: h. Discrimination or humiliation (unless insurance thereof is prohibited by law) that results in injury to the reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) You; (b) Any of your officers, directors, stockholders, partners, managers, or members. (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. E. MEDICAL PAYMENTS INCREASED LIMIT If Medical Expense Payments coverage applies: 1. SECTION I, COVERAGE C MEDICAL PAYMENTS, is amended as follows: The reporting period as shown in paragraph 1.a.(2) of the Insuring Agreement, is amended to be reported within three years of the date of accident, in lieu of one year. 2. The Medical Expense Limit shown in the Limits of Insurance section of the Declarations of the Commercial General Liability Coverage Part is increased to $10,000. F. SUPPLEMENTARY PAYMENTS INCREASED LIMITS In SECTION I, SUPPLEMENTARY PAYMENTS - COVERAGES A and B, is amended as follows: 1. Item 1.b., the cost of bail bonds is changed to $2,500; and 2. Item 1.d., actual loss of earnings is changed to $500 a day. G. NEWLY FORMED OR ACQUIRED ORGANIZATIONS SECTION 11 -- WHO IS AN INSURED, paragraph 4.(a), 90th day is changed to 180th day. H. ADDITIONAL INSURED - BUILDING OWNER SECTION 11, WHO IS AN INSURED is amended to include as an additional insured the owner, manager, or lessor of premises but only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to you subject to the following additional exclusions. This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction, or demolition operations performed by or on behalf of the person or organization shown in the Schedule. I. ADDITIONAL INSURED BY CONTRACT 1. SECTION II - 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 writing in a contract or agreement 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 endorsement ends when your operations for that additional insured are completed. CGT 1000 Includes copyrighted material of Insurance Services Offices, Inc., with it's permission. Page 2 of 3 1001 SECURA INSURANCE, A Mutual Company 2. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. "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. Any of your Subcontractors, or any partner, officer, agent or employee of such Subcontractor. c. "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 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. (3) The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties or the limits provided by this policy. J. DUTIES IN THE EVENT OF AN OCCURRENCE, OFFENSE, CLAIM OR SUIT 1. Notice of Occurrence or an Offense a. The requirement in SECTION IV, CONDITIONS, 2.a. that you must see to it that we are notified of an "occurrence" or an offense only applies when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An officer of the corporation or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. 2. Notice of claim or suit a. The requirement in SECTION IV, CONDITIONS, 2.b. that you must see to it that we receive notice of a claim or "suit' applies only when the claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An officer of the corporation or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. K. BODILY INJURY REDEFINED The definition of "Bodily injury" in SECTION V -- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. L. UNINTENTIONAL FAILURE TO DISCLOSE Any unintentional error or omission in the description of, or failure to completely describe, any premises or operations intended to be covered by this Commercial General Liability Coverage Form will not invalidate or affect coverage for those premises or operations. However, you must report such error or omissions to us as soon as practicable after its discovery. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. CGT 1000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 1001 SECURA INSURANCE, A Mutual Company GOVERNMENTAL IMMUNITIES ENDORSEMENT Scheduled Additional Insured: City of Dubuque, Iowa 1, Nonwaiver of Governmental Immunity We expressly agree and state 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 ' now exists and as it may be amended from time to time. 2. Claims Coverage We further agree 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 We shall not deny coverage under this policy and we 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. Endorsement A WORKERS' COMPENSATION AND EMPLOYERS' UABIUTY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named In Schedule. ,(This agreement applies only to the extent that you perform work under a written contract that requires you lo obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. 0 t 983 Native! Ceuncll an Camp.nssaor Valentines 1 Schedule 2 IA THE QTY OF DUBUQUE - CITY HALL SO WEST 13TH ST, DUBUQUE. IA 52001 VARIOUS LOCATIONS CLASS 8601 6 1 (Ed. 4-84) This endorsement changes the policy to which it is attached effective on the date issued unless otherwise indicated. (The information below Is required arty when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 11/07/09 Policy No. WC- 003033701 -9 Endorsement No. 000 Insured IIW ENGINEERS AND SURVEYORS PC Premium $ Insurance Company Countersigned by SECURA INSURANCE, A M'utrual Company WC000313 (Ed. 4-94)