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Bee Branch Creek Restoration Project_Engineering ServicesSHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this 6th day of June • 20 1 j- between City of Dubuque, Iowa ( "OWNER ") and HDR ENGINEERING, INC., ( "ENGINEER ") a Nebraska corporation, with principal offices at 8404 Indian Hills Drive, Omaha, Nebraska, 68114 for services in connection with the project known as CPR Review Services for Bee Branch Restoration Project ( "Project "); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ( "Services ") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exhibit 13, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Professional Services" and as described in Exhibit A — Scope of Work. SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on a Time and Materials basis determined as Direct Labor Costs times a factor of 3.06 for the services of Engineer's personnel engaged on the Project, plus Reimbursable Expenses and Engineer's technology charges, if any. The Engineer's total cost shall n exceed a value of $30,000 without approval from the Owner. Agreement for Professional Services 1 of3 7 -2010 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Ct+ of O kbu uL CIA) "OWYER" BY: I ,fin NAME: VW1chac I TITLE: Cc�^^ Ak4A4gcr _ ADDRESS: 50 W, 13 Surd ntkh►ttue TA 52001 HDR ENGINEERING, INC. "ENGINEER" BY: NAME: TITLE: i _itm .t',iE l. 6 , aktze ADDRESS: 111S S. ReSe-YUe1 SFe ,C l�t iy5cw�q. MT 1�ot Agreement for Professional Services 3 of 3 7 -2010 Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Creek Restoration Project, Agreement for Engineering Services, HDR Engineering, Inc. (CIP #7201654) DATE: June 1, 2011 Dubuque hitil AA- AmedcaCity 2007 City Engineer Gus Psihoyos is recommending hiring HDR Engineering to provide engineering services related to the railroad bridge required for the Bee Branch Creek Restoration Project. 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 Gus Psihoyos, City Engineer Mi ael C. Van Milligen Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Bee Branch Creek Restoration Project, Agreement for Engineering Services, HDR Engineering, Inc. (CIP #7201654) DATE: May 31, 2011 INTRODUCTION The purpose of this memo is to request approval and execution of an agreement with HDR Engineering (HDR) whereby HDR will provide engineering services related to the railroad bridge required for the Bee Branch Creek Restoration Project. BACKGROUND On August 18, 2010, the City Council approved authorization to negotiate a professional services agreement with Strand & Associates for design and engineering services for the Bee Branch Creek Restoration Project (Project). On October 22, 2008, the City Manager executed that agreement with Strand in the amount of $1,392,000. DISCUSSION Dubuque Sul- an1ewNcaCity III!! 2007 Strand is under contract to design the railroad bridge for the IC &E /DM &E /CP railroad tracks just south of Garfield Avenue that the restored Bee Branch creek will pass under. Strand's design team includes 11W Engineers as a sub - consultant. Having designed several similar structures for railroads in Iowa, IIW is the primary bridge designer for the project. 11W, along with the City Engineering Department, have been corresponding with the IC &E /DM &E /CP railroad for the past several years. Since 2007, the railroad ownership has changed twice: from IC &E to DM &E to CP. With a vested interest in the railroad bridge design, the railroad must approve the bridge design. Due to time limitations, the railroad proposed designing the bridge themselves. This would have involved the City making payment to the railroad to cover the railroad's costs to design the bridge. In recent discussions, however, the railroad indicated that they would be comfortable with the City's design team of Strand /IIW designing the bridge if HDR Engineering provided quality assurance and quality control (QA/QC) services. According to CP, HDR designs bridges for CP on a regular basis; if HDR approves the bridge design, CP will be comfortable with the design. HDR also has a long history of working for the City of Dubuque. HDR was the design engineer on the 1991 HWY151 -61 highway project and the 1995 US20 highway project. HDR was the author of the 2001 Drainage Basin Master Plan that first introduced the idea of restoring the Bee Branch creek. And more recently, HDR was the design consultant on the award winning 2010 East -West Corridor Connectivity Study. HDR provided a scope of services along with a short form agreement. See attachment. Per the proposed agreement, HDR will provide the necessary QA/QC services associated with the design of the railroad bridge for a cost not to exceed $30,000. The attached agreement reflects the changes requested by the Engineering and Legal Departments. RECOMMENDATION I recommend executing the attached agreement hiring HDR to provide quality assurance and quality control services related to the design of the railroad bridge required for the Bee Branch Creek Restoration Project. BUDGET IMPACT Funds for the not -to- exceed services in the amount of $30,000 will come from the Bee Branch Creek Restoration Capital Improvement Project CIP (7201654) with an FY2011 appropriation for design and engineering in the amount of $501,150. ACTION TO BE TAKEN I respectfully request review and execution of the attached agreement with HDR Engineering for quality control services related to the design of the railroad bridge required for the Bee Branch Creek Restoration Project. and the City of Dubuque for the Bee Branch Restoration Project. cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Deron Muehring, Civil Engineer II SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this day of 20� between City of Dubuque, Iowa ( "OWNER ") and HDR ENGINEERING, INC., ( "ENGINEER ") a Nebraska corporation, with principal offices at 8404 Indian Hills Drive, Omaha, Nebraska, 68114 for services in connection with the project known as CPR Review Services for Bee Branch Restoration Project ( "Project "); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ( "Services ") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Professional Services" and as described in Exhibit A — Scope of Work. SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on a Time and Materials basis determined as Direct Labor Costs times a factor of 3.06 for the services of Engineer's personnel engaged on the Project, plus Reimbursable Expenses and Engineer's technology charges, if any. The Engineer's total cost shall not exceed a value of $30,000 without approval from the Owner. Agreement for Professional Services I of 3 7 -2010 The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on this Agreement shall be added to the ENGINEER'S compensation as Reimbursable Expenses. Compensation terms are defined as follows: Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel engaged directly on the Project. The Direct Labor Costs and the factor applied to Direct Labor Costs will be adjusted annually as of the first of every year to reflect equitable changes to the compensation payable to Engineer. Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, subconsultants, subcontractors, computer usage, telephone, telex, shipping and express, and other incurred expense. ENGINEER will add ten percent (10 %) to invoices received by ENGINEER from subconsultants and subcontractors to cover administrative expenses and vicarious liability. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services within the time period(s) described in Exhibit A. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted. Agreement for Professional Services 2 of 3 7 -2010 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Agreement for Professional Services G.41 a DV Vatltt (IA) ."OWN" BY: / NAME: r lad V t i M I I Ii jtn TITLE: C(4 I i 1 Gn ADDRESS: 50 W. 13 S O HDR ENGINEERING, INC. "ENGINEER" Dtkbuiat , =A 5,2,001 BY: NAME: �, i "77' 40.4.1 r•..`_ TITLE: / slycate ADDRESS: 1115 S. ReSGVUe., 9e G 1-t iSsowla . 1--Vt w01 3 of 3 7 -2010 PART 1.0 EXHIBIT A - SCOPE OF SERVICES PROJECT DESCRIPTION: Provide Review of Bee Branch Restoration Project Design, Plans, and Specifications as Project Relates to CPR Yard in Dubuque, IA PART 2.0 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER ON THE PROJECT: 1. Engineer will obtain current level project design calculations, plans, correspondence with CPR, and other design criteria for the project as it relates to the Bee Branch Restoration project passing through CPR's right of way in Dubuque, IA 2. Upon review of the information, the ENGINEER will draft a design criteria memo to be reviewed by the City, their design team, and CPR which will document the requirements of the project as it relates to CPR. Upon receipt of comments, the design criteria memo will be updated by the ENGINEER based on comments from all parties and then resubmitted to the City and CPR for mutual agreement. 3. Based upon the agreed upon design criteria, the ENGINEER will provide review comments of the current project design calculations, plans, and specifications obtained in Step 1 and will provide the feedback to the City in a memo and marked up (redlined) plans and specs. A copy of the submittal comments will be provided to CPR. 4. If necessary, as the City of Dubuque's design team is implementing or responding to comments, the ENGINEER will be available to provide suggestions on how to implement changes to the design. 5. As the project progresses, the ENGINEER would continue to review the plans and specifications at the later submittal stages of the project, providing comments to all parties as before and providing implementation suggestions if necessary. It is estimated that reviews will be required at the 30% (first review), 60 %, 90 %, and 100% stages; Step 2 of the scope of work will outline and finalize the required submittals to the railroad. PART 3.0 ASSUMPTIONS: 1. Current project assumptions, design calculations, electronic track alignment files, plans, specifications, and correspondence with CPR will be provided electronically to the ENGINEER. 2. The ENGINEER is taking on a review role for the project with the intent of verifying CPR structural and operational requirements are implemented in the final design of the project. The ENGINEER will not be stamping the final project plans or be taking responsibility for the design, nor will CPR be taking responsibility for the design. Al of A2 3. Deliverables will be as follows: a. Design Criteria Memo (draft and final) outlining CPR requirements for the project. b. For each submittal, a memo, supplemented by marked up plans, design calcs, or specifications as necessary, documenting the ENGINEER's review comments. Submittals will be delivered via email in .pdf format. PART 4.0 OWNER'S RESPONSIBILITIES: 1 Provide current level project design calculations, plans, correspondence with CPR that has occurred to date. 2. Provide necessary submittals for review, as required by CPR. 3. Review and provide comments, as necessary, on ENGINEER submittals. PART 5.0 SCHEDULE: 1. Upon receipt of the information outlined in Step 1 of Part 2, the ENGINEER will produce a draft design criteria memo within 2 weeks for review by CPR and the City. 2. Upon receipt of comments from both CPR and the City, the final design criteria memo will be updated and returned to both parties within 1 week. 3. Upon receipt of each review submittal, the ENGINEER will provide the memo outlining their review comments within 4 weeks. PART 6.0 FEE AND PAYMENTS TO ENGINEER: 1. Invoicing and payments to the ENGINEER will be done in accordance with the contract and the Terms and Conditions contained in Exhibit B. 2. Monthly invoicing will be done using standard ENGINEER invoices submitted electronically (.pdf format via email). 3. Services and associated fee for this Contract may be amended for additional services upon the written agreement between the ENGINEER and the OWNER modifying the scope and fee. A2 of A2 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or 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. 2. I NSU RANCE/I NDEMNITY ENGINEER agrees to procure and maintain, at its expense, insurance as described in the attached Insurance Schedule C. ENGINEER agrees to defend, indemnify, and hold harmless OWNER for claims to the extent caused by ENGINEER's negligent acts, errors or omissions. 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. 4. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work In accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. 5. CONTROLLING LAW This Agreement Is to be governed by the law of the state of Iowa. 6. SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to OWNER's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER - furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be Incorporated into the project. OWNER will furnish the services of soils/geotechnical engineers or other consultants that Include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER - furnished documents and services. Exhibit B - HDR Engineering, Inc. Terms and Conditions for Professional Services In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an attorney, Insurance counselor or accountant to protect the OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. 7. SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the other. 8. RE -USE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its Information and reference in connection with the project: however, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project Any reuse 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, and OWNER will defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attorney's fees, arising or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 9. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice, if the other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment is 'lump sum," or cost reimbursement, the final Invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER will make prompt payments in response to ENGINEER's Invoices. ENGINEER will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request. If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled, ENGINEER will include the disputed Item on a subsequent, regularly scheduled Invoice, or on a special invoice for the disputed item only. OWNER recognizes that late payment of Invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1%) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within thirty (30) days from the date of the invoice. In the event B1 of B2 (Adjusted 5/27/2011) undisputed portions of ENGINEER's invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice-to- proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity for individuals based on color, religion, sex, or national origin, or disabled veteran, recently separated veteran, other protected veteran and armed forces service medal veteran status, disabilities under provisions of executive order 11246, and other employment, statutes and regulations, as stated in Title 41 Part 60 of the Code of Federal Regulations § 60 -1.4 (a -f), § 60 -300.5 (a-e), § 60 -741 (a-e). 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, Including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials, It is acknowledged by both parties that ENGINEER's scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to Identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site Is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER's services under this Agreement. If ENGINEER's services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written Instrument duly executed by the parties. 17. RESERVED 18. LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, govemment inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is not a party, OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at its then standard rates for reasonable time incurred In gathering information and documents and attending depositions, hearings, and trial. 19. UTILITY LOCATION If underground sampling/testing is to be performed, a local utility locating service shall be contacted to make arrangements for all utilities to determine the location of underground utilities. In addition, OWNER shall notify ENGINEER of the presence and location of any underground utilities located on the OWNER's property which are not the responsibility of private/public utilities. ENGINEER shall take reasonable precautions to avoid damaging underground utilities that are properly marked. The OWNER agrees to waive any claim against ENGINEER and will indemnify and hold ENGINEER harmless from any claim of liability, injury or loss caused by or allegedly caused by ENGINEER's damaging of underground utilities that are not properly marked or are not called to ENGINEERS attention prior to beginning the underground sampling/testing. B2 of B2 (Adjusted 5/27 /2011) 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 shall 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 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 ISO 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 & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident Each Employee Disease Policy Limit Disease Completion Checklist INSURANCE SCHEDULE C (Continued) $ 100,000 $ 100,000 $ 500,000 $1,000,000 d) PROFESSIONAL LIABILITY e) UMBRELLA/EXCESS LIABILITY * *Coverage and/or limit of liability to be determined on a case -by -case basis by Finance Director. ❑ Certificate of Liability Insurance (2 pages) ❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) ❑ Additional Insured CG 20 10 07 04 ❑ Governmental Immunities Endorsement 2 of 2 January 2008 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR L A � TYPE OF INSURANCE POLICY NUMBER LOATE pp �y (MM OpIYY) P�1�Y DAIE(M LIMITS A X GENERAL X UABIUTY COMMERCIAL GENERAL LIABILITY INSURER C EACH OCCURRENCE S 1 , 000 , 000 INSURERE S 50,000 I CLAIMS MADE X OCCUR MED EXP (Any one persm) S 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 � FIE r JE GEN 'LAGGREGATE IT j POLICY EI LOC PRODUCTS - COMP /QP AGG $ 1,000,000 A AUTOMOBILE X — LIABRITT ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) S GARAGE UABILITY ANY AUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A A WORKERS EMPLOYERS ANY OFFICERIMEMBER H yes, SPEC EXCESS/UMBRELLA LIABILITY 2 ED CLAIMS MADE R DEDUCTIBLE RETTcNrgN f O COMPENSATION AND LIABILITY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? describe under vu, PROVISIONS below Wj `J� 141"f 1 � Si0�� EACH OCCURRENCE AGGREGATE $ 1,000,000 $ 1,000,000 S X 1 T p I I I ER E L EACH ACCIDENT $ S 100,000 EL DISEASE -EA EMPLOYEE S 100,000 EL DISEASE- POLICY LIMIT S 500,000 A OTHER professional Liability $1,000,000 DESCRIPTION OF OPERATIONS1 LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of Dubuque is an additional insured on general liability policies including ongoing i completed operations coverage equivalent to ISO CG 2010 0704 i CG 2037 0704. General Liability policy is primary i non - contributing. Form CG 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorsement is included. ACORD CERTIFICATE OF LIABILITY INSURANCE i DATE(MMIDD/YYYY) 12/7/2007 . PRODUCER (563)123 -4567 FAX (563) 987 -6543 Insurance Agency Street Address City ST Zip Code 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 Company Street City St Zip Code INSURER A: Insurance Company INSURER B: INSURER C INSURSR 0: INSURERE COVERAGES CERTIFICATE HOLDER City of Dubuque 50 West 13th Street Dubuque, IA 52001 ACORD 25 (2001/08) INS028 (0108) 08 AMS CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER YELL 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 VMP Mortgage Solutions, Inc (800)327.0545 C ACORD CORPORATION 1988 Page 1 of 2 ACORD 25 (2001/08) INS025 (otos).os AMS 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. g ppJCIN proles Page 2 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY 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 the Declarations 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 I), 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 Umit 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 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 Umit 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 I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), 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 neneral Aggregate Limit. CG 25 04 03 97 Page 1 of 2 CO 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 lots, 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 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. 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 A. Section tl — 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. ['he 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 op rty dal heye" occurring after: Page 1 of 2 1. AU 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 Page 2 of 2 © ISO Properties, Inc.. 2004 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. AU terms and conditions of this policy apply unless modified by this endorsement. CG20100704 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