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Dubuque Industrial Center West_Request for Proposals (South Siegert Farm)Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Dubuque Industrial Center West - South Siegert Farm Request for Proposal (RFP) DATE: March 2, 2011 Dubuque All- Ammica cihr 2007 Economic Development Director Dave Heiar recommends City Council approval of the release of a Request for Proposal for the design, consulting and engineering services for the Dubuque Industrial Center West — South Siegert Farm. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director aelC.V Mic Van Milligen RECOMMENDATION I recommend that the City Council approve the RFP for the design, consulting and engineering services of Dubuque Industrial Center West — South Siegert Farm Addition, and authorize City staff to make the RFP available to appropriate engineering firms. BUDGET IMPACT $469,688 is budgeted for fiscal year 2011, and the sources of revenue are land sales and Tax Increment Financing. The contract will be structured so that the design of potential streets will be eligible for RISE funding. ACTION STEP The City Council is requested to approve the RFP and authorize that the RFP to be issued as outlined. cc: Rick Dickinson, GDDC Aaron DeJong, Economic Development Kyle Kritz, Planning & Zoning Pat Prevenas, Leisure Services Jason Hartman, Assistant Budget Director Todd Irwin, Engineering Bob Green, Water Distribution F:\USERS\Econ Dev \Siegert Farm \South Siegert Farm\20110301_DICW South Siegert Farm RFP Council memo.doc CITY OF DUBUQUE, IOWA REQUEST FOR PROPOSALS DESIGN, CONSULTING AND ENGINEERING SERVICES FOR DUBUQUE INDUSTRIAL CENTER WEST -SOUTH SIEGERT FARM INDUSTRIAL PARK DEVELOPMENT I. INTRODUCTION The City of Dubuque, Iowa is soliciting proposals from qualified consulting firms to provide design and engineering services for the development of Dubuque Industrial Center West —South Siegert farm, approximately 175 acre site divided by Seippel Road which is undeveloped farmland located near Highway 20 (see attached aerial). II. COMMUNITY BACKGROUND Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The Metropolitan Statistical Area (MSA) has a population of approximately 100,000, with 2.9 million people living within 100 miles. The City's annual budget is over $100 million and funds a full range of services. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, educational and employment center for the tri -state area. Tourism continues to be a major economic force in the community. City government takes pride in the collaboration with the private sector to promote economic development. The City Council is also committed to sustainable development. Recent awards and recognition received by the City of Dubuque include: In 2007, the All- American City award which recognizes communities whose citizens work together to identify and tackle community -wide challenges and achieve uncommon results. Awarded by the National Civic League, it is the nation's most prestigious and oldest civic recognition program. In March 2009, Site Selection magazine named Dubuque a "2008 Top Ten Metro" with population less than 200,000. Site Selection magazine recognizes communities, in part, on their successful economic development projects. In October 2009, CNNMoney.com named Dubuque to is list of the Top 50 Places to Launch a Small Business. Dubuque ranked #8 among small metro areas and #6 overall for having the fewest foreclosures and #14 overall for lowest rents. 1 In 2009, Greater Dubuque Development Corporation received a #1 ranking for its service to existing businesses, in the mid -sized community category, from Business Retention and Expansion International. Dubuque was named the "Most Livable" Small City in the United States as part of the U.S. Conference of Mayors 2008 Livability Awards Program. This award recognizes mayoral leadership for developing and implementing programs that improve the quality of life in America's cities. Dubuque was named to RelocateAmerica.com's 2009 list of "Top 100 Places to Live," communities with visionary leaders, improving or thriving economies including housing, and realization of "green" initiatives. Dubuque received the US EDA's 2009 "Excellence in Economic Development Award for Excellence in Historic Preservation -led Strategies" for the IBM /Roshek Building project. Fast Company, recently named Dubuque number eight among their Top 10 Smartest Cities on the Planet. The magazine focused on IBM's impact on the city and the 2009 declaration that Dubuque would become the "first integrated, smart city" in America. Dubuque was the only city in America on the list. Dubuque was named the top- ranked city in the nation on Forbes' list of "The Best Small Cities to Raise a Family" — 2010. The listing ranked cities with populations under 100,000. Dubuque was named a third -place finalist and gold- standard community at the International Awards for Livable Communities (LivCom) - 2010. Dubuque was the highest- ranked American city in the "whole city" award category for communities with populations of 20,000 - 75,000. Dubuque was ranked #1 in the Nation among Mid -sized Cities for Projected Job Growth - 2010 and #15 in the nation among "Best Small Places for Business and Careers" - 2010 by Forbes.com III. PROJECT BACKGROUND 1. The City has developed the Dubuque Industrial Center West, including the completion of Chavenelle Drive from the Northwest Arterial to Seippel Road and recently developed a street into the former North Siegert Farm. 2. The City has acquired 140 acres of farmland (the South Siegert farm) which lies near Highway 20 and Seippel Road. The site will be rezoned for Industrial and Open Space uses. 3. Storm water runoff and detention must be accounted for and designed for the 2 full build out of the South Siegert Farm, with an emphasis on the use of Best Management Practices that promote the infiltration of storm water. The plat and improvement plans prepared by the consultant will need to comply with the Unified Development Code's Subdivision Regulations which require new subdivisions to achieve a minimum score of 40 points from a list of sustainable development tools. IV. INFORMATION TO BE INCLUDED IN PROPOSAL The submitted proposal should address all aspects of the required work discussed in this RFP, including any cost information which should be included as a separate submittal clearly titled "Project Cost Estimate." The proposal should be prepared simply and economically, providing a straight - forward, concise description of the consultant's capabilities to satisfy the requirements of the RFP. To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the manner specified below. Proposals should be limited a maximum of 26 single side pages or 13 double size pages, not including the letter of transmittal or separate fee submission. Letter of Transmittal Provide a letter of transmittal briefly outlining the consultant's understanding of the work and the name, address, telephone number, fax number and e-mail address of the consultant's primary contact person. Profile of Firm Provide general information about the consultant firm and the firm's area of expertise (and sub - consultants) in work called for in this RFP, including the qualifications of the project manager and other key personnel who would be assigned to the project. Include the amount of work to be performed by local personnel and local firms. The proposal shall describe the name and location of other sub - consulting firms that would be used by the firm, and the approximate percentage of the work that would be performed by each of these firms. Past Experience Provide examples of similar projects, along with completion dates and the roles of the firm's personnel proposed to work on this project. Also, provide examples in which your firm has incorporated sustainable design features into a project and how your firm would use sustainable design in this project. If the experience of the personnel includes work while employed with other firms, identify the work experience as such. Include only those projects that were under the direction of personnel who are proposed for this project. Provide related experience of sub - consultants. Include a description of experience and working relationships with approval agencies. Provide at least three references of clients for whom the firm has completed similar projects within the past 5 years. Project Understanding Provide a description of your understanding of the project, and the firm's approach 3 and methodology in the development of the project. Scope of Services Provide a description of the means or strategy by which the consultant would satisfy the following scope of services: 1. Investigation of property characteristics, conduct Geotechnical subsurface investigation, Phase I environmental assessment, wetland delineation if required, and topographic and boundary survey. An Environmental Site Assessment was performed on this property in March 1997 and is available for your use (Phase I - Allendar Butzke Engineers, Inc.). Due to the unknown nature and extent of a subsurface investigation, include the number of soil borings proposed and a cost per boring. Deliverables: 1) Phase 1 Environmental Assessment Report; 2) base map with topographic and boundary survey data; 3) wetland delineation if required; 4) Geotechnical Report. 2. Preliminary design of a minimum of two alternatives for a grading, landscaping, and development plan and an opinion of probable costs for all options for total site development. Alternatives on buildable acres should be based upon a maximum of 2% grade. Provide alternatives that consider coordinated layout. Deliverables: 1) Exhibits of layouts: 2) Itemized cost estimate of each layout. 3. Assist in the preparation of a RISE grant application to IDOT, for the construction of any interior streets. Deliverables: 1) Exhibit for RISE grant application; 2) Cost estimate of RISE eligible construction costs; 3) generated traffic projections. 4. Final design, including improvement plans and specifications of all on -site grading, street construction and utilities, including sanitary sewer, storm sewer, water, fiber -optic conduit, primary electrical conduit, street lights, final erosion control, storm water management, and the coordination of all private utilities such as gas, electric, and telecommunications. It is anticipated there will be two or three contracts bid separately: one for mass grading including major drainage structures; one for non -RISE eligible utilities; and one for paving including other RISE eligible items. The utilities and paving may be combined, based on the timing of RISE funding and the construction season. Deliverables: 1) Preliminary Plans; 2) Semi Final Plans; 3) Final Improvement Plans. 5. Preparation of all bidding and construction documents, City Council coordination and plans and specifications necessary for the construction of the project, 4 including an opinion of probable cost. The project shall use City of Dubuque Engineering Division standard specifications and general conditions, modified as necessary. Deliverables: 1) Construction documents, plans, specifications for 2 or 3 contracts submitted to the City for approval; 2) Final plans with DOT and City approval for letting; 3) Comprehensive Project Budget and Engineers Opinion of cost. 6. Preparation of all applications for and submission of information for permits necessary for DNR and Corps of Engineers (USACE) and other agencies as required. Include the preparation of base drawing to be used for Storm Water Pollution Prevention Plan. Also include documentation and submittals necessary for RISE funding requirements. Assume Nationwide Permits for USACE Section 404 permit. Deliverables: 1) DNR permits for water and sewer utility extensions; 2) USACE permit; 3) NPDES Stormwater discharge permits from DNR and City; 4) Wetland permits. 7. Coordination of the bid letting to be held at City Hall. Write Notice to Bidders, distribute plans, answer bidder questions, issue addenda and clarifications, and maintain Plan Holder's list. Assist with contract award process, including DOT required approvals for RISE portion of the project. Project letting may not occur prior to receipt of all permits. Deliverables: 1) Bid Notice for publication; 2) Bid tabulation with written recommendation of award; 3) Plan holders list; 4) DOT approval of award of contract. Proposed Project Schedule Provide an update project schedule outlining the time period and estimated completion date of the proposed scope of work. This should include a schedule for and description of all deliverable products throughout the period, including work of sub - consultants. All design phase work must be completed within 180 days of contract award. Fees and Compensation Provide a proposed cost (not to exceed based on hourly rates) plus reimbursable expenses budget for completion of the proposed scope of services with cost breakdowns by work product and wetland mitigation design. For services during construction, provide hourly rates with estimated hours for full time resident services including expenses. Construction services to include topographic surveys of intermediate grading for purposes of determining pay quantities at five (5) intermediate times, including earthwork quantity calculations. Include field survey of finished grades and utility locations in electronic format for the City's continued use for site design. Wetland mitigation design will be considered extra services to be negotiated after the extent of, or if, wetland mitigation is required. Quotation of fees 5 and compensation shall remain firm for a period of at least 90 days from the proposal submission deadline. Please separate the proposed budget from the other portion of the RFP submittal. Initial screening will be done by the selection committee without benefit of knowing the consultant's proposed fee for services. Understanding of Final Contract Terms The Proposer should provide a statement that indicates they have read and understand Appendix A — "City of Dubuque Contract Terms and Conditions ", and agree to include the clauses that are listed in Appendix C in the final signed contract. Any exceptions to the Contract Terms and Conditions by the Consultant must be clearly stated in their submitted Proposal. Insurance If selected, the consultant will be required to meet the insurance requirements of the City. (Appendix B) V. SUBMISSION REQUIREMENTS An original plus eight (8) copies of the proposal shall be received in the office of the City of Dubuque's Economic Development Department, 50 W. 13th Street, Dubuque, Iowa 52001 before 2:00 p.m. CDT on May 8, 2011. Each consultant assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. The City of Dubuque is not responsible for any loss or delay with respect to delivery of the proposals. The City of Dubuque reserves the right to reject any and all proposals and to negotiate changes with any consultant. All materials received will become the property of the City of Dubuque and will not be returned. The City of Dubuque is not liable for any cost incurred by any consultant prior to the execution of an agreement or contract. Nor shall the City of Dubuque be liable for any costs incurred by the consultant that are not specified in any contract. The City of Dubuque is an Equal Employment Opportunity Employer. If award is made, it will be made to the firm whose qualifications are most advantageous to the City of Dubuque. VI. EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. A review of qualifying proposals will be evaluated by a selection committee. Factors to be considered by the committee may include the following: • Qualifications and experience of the firm and sub - consultants. • Qualifications and experience of the principal consulting staff and sub - consultants proposed to work on the project. • Similar project experience. 6 • Project understanding • Local participation and impacts. • Design approach /methodology in completing scope of services including sustainability. • Proposed schedule required to complete project. • Information from references • Proposed cost to complete project. Consultants may be invited to an interview with the selection committee. Questions regarding this RFP should be directed to Dave Heiar, Economic Development Director by telephone at 563/589 -4393, by fax at 563/589 -1733, or E -mail at dheiar citvofdubuque.orq. Attachments: Aerial photo of property to be developed Rendering of original development plan City insurance requirements Major subdivision review procedure F: \USERS\Econ Dev\Siegert Farrn\South Siegert Farm\20110301_DICW South Siegert RFP.doc 7 Appendix A City of Dubuque Contract Terms and Conditions 8 TERMS AND CONDITIONS The following clauses shall be included in the final signed contract: 1. CONSULTANT'S ENDORSEMENT ON PLANS. The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer, or licensed professional architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 2. CHANGE IN SCOPE OF SERVICES. No change in scope shall be permitted during this project without the prior written agreement of both parties and the WBS being updated. 3. SUBSTITUTION OF PROJECT TEAM MEMBERS. The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project may be changed if those personnel leave the Consultant. These personnel may also be changed for other reasons however, in either case, the City retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express, prior written permission of the City of Dubuque. 4. INSURANCE. Consultant shall at all times during the performance of this Agreement provide insurance as required by the attached Insurance Schedule. 5. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, 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 of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Consultant, Consultant's subcontractor, or anyone directly or indirectly employed by Consultant or Consultant subcontractor or anyone for whose acts Consultant or Consultant's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 6. ERRORS & OMISSIONS. In the event that the work product prepared by the Consultant is found to be in error and revision or reworking the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the City, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. 9 7. OWNERSHIP OF ENGINEERING DOCUMENTS. All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City and shall be delivered to the Project Manager upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitations on their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the City's sole risk and without liability or legal exposure to the Consultant. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications 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. The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in this document. Any change to these specifications by either the City or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 8. SUBLETTING, ASSIGNMENT OR TRANSFER. Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Engineer and approved by the City. 10 Appendix B Insurance Requirements 11 INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A better in the current A.M. Best Rating Guide. 2. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the City of Dubuque, except for a ten (10) day notice for non- payment, if cancellation is prior to the expiration date. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non- contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunities Endorsement. , shall upon request, provide Certificates of Insurance for all subcontractors and sub -sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the insurance requirements as required of 4. Each certificate shad be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. Contractor shall be required to carry the following minimum coverage /limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 1 of 2 January 2008 INSURANCE SCHEDULE C (Continued) INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE This coverage shall be written on an occurrence form, not claims made form. All deviations or exclusions from the standard 1S0 commercial general liability form CG 0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97 'Designated Location (s) General Aggregate Limit' shall be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers shall be named as an additional Insured on General Liability including "ongoing operations "coverage equivalent to ISO CG 20 10 07 04. b) Automobile $1.000.000 combined single limit. c) WORKERS COMPENSATION 8< EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee Disease $ 100,000 Policy Limit Disease $ 500,000 d) PROFESSIONAL. LIABILITY $1,000,000 e) UMBRELLA/EXCESS LIABILITY * *Coverage and /or limit of liability to be determined on a case -by -case basis by Finance Director. Completion Checklist ❑ Certificate of Liability Insurance (2 pages) ❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) E Additional Insured CG 20 10 07 04 Governmental Immunities Endorsement 2 of 2 January 2008 13 CERTIFICATE HOLDER City Of DUbu4gUe 50 West 13th Street Dubuque, IA 52001 ............. SHOULD ANY OP 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 LABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPREBENTATWE O ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYYY) 12/7/2007 PRODUCER (563) 123 -4567 Insurance Agency Street Address City ST Zip Code FAX (563) 987 -6543 INSURED Company Street City St Zip Code THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. E THE OVERAGE AFFFOORDEED 088 NOT THE POLICIES BEI.00W. INSURERS AFFORDING COVERAGE ENSURER k Insurance Companv INSURER It INSURER C: INSURER O: INSURER E: NAIC 8 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 POLICIES DESCRIBED HEREIN I5 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. W A A A A AMYL INSIST TYPE OF INSURANCE GENERAL LIABIUTY X COMMERCIAL GENERALUABIUTY 1 CLAIMS MADE © OCCUR GENT. AGGREGATE UMIT APPLIES PER — I POLICY I x l JE MR I 1 LOC AUTOMOBILE UABIUTY x ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO E XCESSNMERELLA UABILITY • OCCUR EJ COALS MADE DEDUCTIBLE x RETENTION S 0 WORKERS COMPENSATION AND EMPLOYERS UABILTTY ANY PROPRETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? Wyss, dasaea under SPECIAL PROVISIONS bab. OTHER Professional Liability POLICY NUMBER So lfe D ATEf MM/DD/YYIN S lot pro DATE IM LIMITS EACH OCCURRENCE 18 E 14Eso* anw) LIED SAP (Any am palm) PERSONAL a ADV INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AGO COMBINED SINGLE LIMIT (Ea scddo M) BODILY INJURY (Pr person) BODILY INJURY (Pr avddrl0 PROPERTY DAMAGE (Pr accldsnt) AUTO ONLY • EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGO EACH OCCURRENCE AGGREGATE x I TORV TI % I I EL EACH ACCIDENT • 1,000,000 50,000 I 5,000 • 1,000,000 s 2,000,000 s 1,000,000 A 1,000,000 s 8 S S S s s 1,000,000 $ 1,000,000 S 8 S • 100,000 = 100,000 i 500,000 E.L DISEASE -EA EMPLOYEE E.L DISEASE - POLICY LIMIT 81,000,000 DESCRIPTION OF OPERATION *ILOCATIONSNEIECLESRXCLUSNONB ADDEO BY ENDORSEMENTIBPECIAL PROVISIONS The City of Dubuque is an additional insured on general liability policies including ongoing i completed operations coverage equivalent to I80 CG 2010 0704 8 CG 2037 0704. General Liability policy is primary i non - contributing. Form CO 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorsement is included. ACORD 2S (2001108) 1N8025 roeo8)06 AMS VMP Monpaps SaWOns. 58 1800)3210845 14 Papal 02 ACORD 28 (2001/08) INS02S (owe }ae AMS IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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. Page 2 of 2 15 POLICY NUMBER: COMMERCIAL GENERAL UABIUTY CG 25 04 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): ANY AND ALL COVERED LOCATIONS (If no entry appears above, information required to complete this endorsement will be shown in as applicable to this endorsement.) A. For all sums which the Insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "location" shown In the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location ", and that limit Is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except dam- ages because of "bodily injury" or "property damage" included in the 'products-completed operations hazard ", and for medical expenses under COVERAGE C regardless of the num- ber of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing 'suits ". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location". Such payments shall not re- duce the General Aggregate Limit shown In the Declarations the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the Insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can- not be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever Is applicable; and 2. Such payments shall not reduce any Desig- nated Location general Aggregate Limit. CG 25 04 03 97 Page 1 of 2 1 V CG 25 04 03 97 C. When coverage for liability arising out of the "products - completed operations hazard" is pro- vided, any payments for damages because of 'bodily injury" or "property damage" included in the 'products - completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: Copyright, Insurance Services Office, Inc., 1996 "Location" means premises involving the same or connecting Tots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Page2of2 CG25040397 17 POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s): The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers. Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, In whole or in part, by: 1. Your acts or omissions: or 2. fhe acts or omissions of those acting on your behalf; CG 20 10 07 04 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily Injury" or "p+overly da.uoge" occurring after: Page 1 of 2 Page 2 of 2 1. All work, including materials, parts or equip- ment 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 in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. All terns and conditions of this policy apply unless modified by this endorsement. ® ISO Properties, Inc.. 2004 CG 20 10 07 04 19 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 Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of 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. SPECIMEN 1 of 1 January 2008 DAGIS Legend Road Centerline City -owned Property Utility Easements ^e Gas Pipeline %/ Sanitary Collection At Storm Water Collection /,/ Water Main n aEconomt . plot/dos. So e .4444 4y 2010.11 04 = 600 feet thSl49ert • -03 l0; i.v3ate0 Legend City -owned Property J\/ Water Main Utility Easements f0 Gas Pipeline "of Sanitary Collection "/ Storm Water Collection Electric Boundary d i Interstate Power Co. Maquoketa Valley REC AGIS TM! cm( W ' Makryinr ou IM Metame <n Ceeehwmai� Future Connection to Barrington Lakes Subdivision Cultural Resources Stud