Shot Tower Rehab Project Consultant
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MEMORANDUM
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May 28, 2005
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TO:
The Honorable Mayor and City Council Members
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FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Consultant Agreement for Shot Tower Rehabilitation Project
Planning Services Manager Laura Carstens recommends City Council approval of an
agreement for architectural, engineering and historic preservation services for the
rehabilitation and stabilization of the Dubuque Shot Tower with Hasbrouck Peterson
Zimoch Sirirattumrong.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
May 26, 2005
TO:
Michael Van Milligen, City Manager
FROM:
Laura Carstens, Planning Services Manager ~
SUBJECT: Consultant Agreement for Shot Tower Rehabilitation Project
This memo transmits the recommended agreement for architectural, engineering and
historic preservation services for the rehabilitation and stabilization of the Dubuque Shot
Tower with Hasbrouck Peterson Zimoch Sirirattumrong (HPZS) of Chicago, Illinois, the
selected consultant for this project. Corporation Counsel Barry Lindahl has reviewed
the agreement.
The requested action is for the City Council to approve the enclosed agreement for
architectural, engineering and historic preservation services for the rehabilitation and
stabilization of the Dubuque Shot Tower with HPZS, and to authorize the Mayor to sign
the agreement on behalf of the City of Dubuque.
Enclosure
cc Wally Wernimont, Assistant Planner
Bob Schiesl, Civil Engineer
Barry Lindahl, Corporation Counsel
AGREEMENT
BETWEEN
THE
CITY OF DUBUQUE, IOWA
AND
HASBROUCK PETERSON ZIMOCH SIRIRA TTUMRONG
This AGREEMENT FOR ARCHITECTURAL, ENGINEERING AND HISTORIC
PRESERVATION SERVICES for the Rehabilitation and Stabilization of the Dubuque
Shot Tower, dated for reference purposes June 6,2005, is made and entered into
between the City of Dubuque (the City), 50 West 13th Street, Dubuque, Iowa 52001-
4864 and Hasbrouck Peterson Zimoch Sirirattumrong (HPZS),1 04 South Michigan
Avenue, Suite 250, Chicago, Illinois 60603.
For the following Project:
Rehabilitation and stabilization of the Shot Tower in Dubuque, Iowa in accordance
with the Secretary of the Interior's Standards for the Treatment of Historic Properties
to include the following:
1. Remove bird droppings from the interior;
2. Coordinate architectural and engineering services with archeological
investigation and the hazardous materials investigation and abatement provided
by others in and around the Tower;
3. Solve cracking in masonry and/or stabilize brick from shifting;
4. Remove insect screens and louvers from window openings;
5. Repair/replace limestone sills and stop birds from entering structure;
6. Tuck-point the interior and exterior;
7. Replace damaged brick and limestone units;
8. Remove loose materials from the interior walls;
9. Install a non-combustible stair inside the tower extending to the rooftop for
improved maintenance and stability;
10. Replace existing pre-cast concrete cap with a new roof to prevent deterioration;
11. Rehabilitate existing limestone retaining walls around the Tower; and
12. Install protective barricades to safeguard the tower from vehicular damage from
rail cars and semi-tractor trailers that serve the adjacent industrial use.
ARTICLE 1: HPZS' SERVICES
A. HPZS' services consist of those services performed by HPZS, HPZS' employees
and HPZS' consultants as enumerated in Articles 2 and 3 of this Agreement.
B. HPZS' services covered by this Agreement are subject to the time limitations
contained in Article 10, and shall be performed as expeditiously as is consistent
with professional skill and care and the orderly progress of the Work.
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C. HPZS' Basic Services consist of those described under the three phases
identified under Sections D, E and F below, and include required structural,
mechanical and electrical engineering services.
D. INVESTIGATION AND DESIGN PHASE
1) HPZS will review the 2001 structural assessment, and then conduct a
preliminary overall site inspection of the Shot Tower with representatives
of the City.
2) HPZS will then conduct detailed site inspections of the various parts of the
Shot Tower using hoists or other devices as required to gain access to
some areas of the tower not otherwise accessible.
3) HPZS will meet with representatives of the City to review the Architect's
findings and analysis, reconfirm the project requirements, and review with
the City alternative approaches to design and construction of the Project.
4) Based on the mutually agreed-upon program, schedule and construction
budget requirements, HPZS shall prepare, for approval by the City, Design
Documents consisting of drawings and other documents appropriate for
the Project, and shall submit to the City a preliminary estimate of
Construction Cost.
E. CONSTRUCTION DOCUMENTS PHASE
1) Based on the approved Design Documents, HPZS shall prepare, for
approval by the City, Design Documents consisting of Drawings and
Specifications following the Secretary of the Interior's Standards for the
Treatment of Historic Properties, setting forth in detail the requirements for
the construction of the Project, including the need to coordinate the
general construction tasks with the activities of the hazardous materials
abatement contractor and the archeological consultant, and shall advise
the City of any adjustments to the previous preliminary estimates of
Construction Cost.
2) HPZS shall assist the City in connection with the City's responsibility for
filing documents required for the approval of governmental authorities and
agencies having jurisdiction over the Project and/or grants awarded for the
Project, including the City Building Department, the State Historic
Preservation Office, the State Historical Society of Iowa, and the National
Park Service.
3) HPZS, following the City's approval of the Construction Documents and of
the latest preliminary estimate of Construction Cost, shall assist the City in
obtaining bids or negotiated proposals, provide a written review of the bids
or negotiated proposals, make recommendations concerning the selection
of a Contractor and assist in awarding and preparing contracts for
construction.
F. CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
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1) HPZS' responsibility to provide Basic Services for the Construction Phase
under this Agreement commences with the award of the Contract for
Construction and terminates at the earlier of issuance to the City of the
final Contractor's Certificate for Payment or 60 days after the date of
Substantial Completion of the Work.
2) HPZS shall conduct a preconstruction conference with contractors and
City staff.
3) HPZS shall provide administration of the Contract for Construction as set
forth below.
4) The duties, responsibilities and limitations of authority of HPZS shall not
be restricted, modified or extended without written agreement of the City
and Architect.
5) HPZS shall be a representative of and shall advise and consult with the
City (1) during construction until final payment to the Contractor is due and
(2) as an Additional Service at the City's direction from time to time during
the correction period described in the Contract for Construction.
6) HPZS shall visit the site on up to eight occasions at intervals appropriate
to the stage of construction to become generally familiar with the progress
and quality of the Work completed, to determine in general if the Work is
being performed in a manner indicating that the Work when completed will
be in accordance with the Contract Documents; to arrange for the closeout
of the construction activities, prepare punch lists; and to conduct progress
meetings with the Contractors and representatives of the City. HPZS
shall not be required to make exhaustive or continuous on-site inspections
to check the quality or quantity of the Work. On the basis of on-site
observations as an architect, HPZS shall keep the City informed of the
progress and quality of the Work, and shall endeavor to guard the City
against defects and deficiencies in the Work.
7) HPZS shall not have control over or charge of and shall not be responsible
for construction means, methods, techniques, sequences or procedures,
or for safety precautions and programs in connection with the Work, since
these are solely the Contractor's responsibility under the Contract of
Construction. HPZS shall not be responsible for the Contractor's
schedules or failure to carry out the Work in accordance with the Contract
Documents. HPZS shall not have control over the Contractor,
Subcontractors, or their agents or employees, or of any other persons
performing portions of the Work.
8) HPZS shall at all times have access to the Work wherever it is in
preparation or progress.
9) Based on HPZS' observations and evaluations of the Contractor's
Application for Payment, HPZS shall review and certify the amounts due
the Contractor. HPZS' certification for payment shall constitute a
representation to the City, based on HPZS' observations at the site and on
the data comprising the Contractor's Application for Payment, that the
Work, to the best of HPZS' knowledge, information, and belief, has
progressed to the point indicated and that quality of the Work is in
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accordance with the Contract Documents. The issuance of a Certificate
for Payment shall not be a representation that HPZS has (1) made
exhaustive or continuous on-site inspections to check the quality or
quantity of the Work, (2) reviewed construction means, methods,
techniques, sequences or procedures, (3) reviewed copies of requisitions
received from Subcontractors and material suppliers and other data
requested by the City to substantiate the Contractor's right to payment or
(4) ascertained how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum.
10)HPZS shall have authority to reject Work which does not conform to the
Contract Documents and will have authority to request that additional
inspection or testing of the Work be performed whenever, in HPZS'
reasonable opinion, it is necessary or advisable to assure the intent of the
Contract Documents.
11)HPZS shall review and approve or take other appropriate action upon
Contractor's submittals such as Shop Drawings, Product Data and
Samples, but only for the limited purpose of checking for conformance
with information given and the design concept expressed in the Contract
Documents. HPZS' action shall be taken with such reasonable
promptness as to not cause delay in the implementation of the Work.
HPZS' approval of a specific item shall not indicate approval of an
assembly of which the item is a component. When professional
certification of performance characteristics of materials, systems or
equipment is required by the Contract Documents, HPZS shall be entitled
to rely upon such certification to establish that the materials, systems or
equipment will meet the performance criteria required by the Contract
Documents.
12)HPZS shall prepare Change Orders and Construction Change Directives,
with supporting documentation and data if authorized or confirmed in
writing by the City as provided in Article 3, for the City's approval and
execution in accordance with the Contract Documents, and may authorize
minor changes in the Work not involving an adjustment in the Contract
sum or an extension of the Contract Time which are not inconsistent with
the intent of the Contract documents.
13) HPZS shall interpret and decide matters concerning performance of the
City and Contractor under the requirements of the Contract Documents on
written request of either the City or Contractor. HPZS' response to such
requests shall be made with reasonable promptness and within any time
limits agreed upon. When making such interpretations and initial
decisions, HPZS shall endeavor to secure faithful performance by both the
City and Contractor, shall not show partiality to either, and shall not be
liable for results of interpretations or decisions so rendered in good faith.
14)HPZS shall conduct inspections to determine the dates of Substantial
Completion and Final Completion, and shall issue a Certification of Final
Payment to the Contractor upon the satisfactory completion of the Work.
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ARTICLE 2: ADDITIONAL SERVICES
A. Additional Services shall be provided if authorized or confirmed in writing by the
City, and they shall be paid for by the City as provided in this Agreement. Such
Additional Services may include, in addition to those described in Paragraphs B)
and C) below, coordination of separate contractors or independent consultants
(excepting the coordination of HPZS' own work with that of the archeological and
hazardous materials consultants that is a part of the Basic Services),
coordination of construction or project managers, the preparation of detailed
Construction Cost estimates, and quantity surveys, the preparation of record
drawings, and any other services not otherwise included in this Agreement under
Basic Services or not customarily furnished in accordance with generally
accepted architectural practice.
B. If more extensive representation at the site than is described in Paragraph 1.G.6
is required, such additional project representation shall be provided and paid for
as an Additional Service set forth in Article 10.
C. As an Additional Service in connection with Change Orders and Construction
Change Directives HPZS, upon authorization by the City, shall prepare Drawings,
Specifications and other documentation and data, evaluate Contractor's
proposals, and provide any other services made necessary by such Change
Orders and Construction Change Directives.
ARTICLE 3: CITY'S RESPONSIBILITIES
A. The City shall provide full information, including a program which shall set forth
the City's objectives, schedule, constraints, budget with reasonable
contingencies, and criteria.
B. The City shall furnish a copy of current surveys describing physical
characteristics, legal limitations and utility locations for the site of the Project, a
written legal description of the site and the services of geotechnical engineers or
other consultants when such services are requested by HPZS.
C. The City shall furnish a copy of the 2001 Structural Assessment Report and
copies of any drawings it has in it's possession of the Shot Tower to HPZS.
D. The City shall furnish structural, mechanical, chemical, air and water pollution
tests, tests for hazardous materials, and other laboratory and environmental
tests, inspections and reports required by law or the Contract Documents.
E. The City shall furnish all legal, accounting and insurance counseling services as
may be necessary at any time for the Project, including auditing services the City
may require to verify the Contractor's Applications for Payment or to ascertain
how or for what purposes the Contractor has used the money paid by the City.
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F. The foregoing services, information, surveys, drawings and reports shall be
furnished at the City's expense, and HPZS shall be entitled to rely upon the
accuracy and completeness thereof.
G. Prompt written notice shall be given by the City to HPZS if the City becomes
aware of any fault or defect in the Project or nonconformance with the Contract
Documents.
H. The proposed language of certificates or certifications requested of HPZS or
HPZS' consultants shall be submitted to HPZS for review and approval at least
14 days prior to execution.
ARTICLE 4: CONSTRUCTION COST
A. The Construction Cost shall be the total cost or estimated cost to the City of all
elements of the Project designed or specified by HPZS.
B. The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the City and equipment designed, specified, selected or
specified, selected or specially provided for by HPZS, plus a reasonable
allowance for the Contractor's overhead and profit. In addition, a reasonable
allowance for contingencies shall be included for market conditions at the time of
bidding and for changes in the work during construction. Construction Cost does
not include the compensation of HPZS and HPZS' Consultants.
C. It is recognized that neither HPZS nor the City has control over the cost of labor,
materials or equipment, over the Contractor's methods of determining bid prices,
or over competitive bidding, market or negotiating conditions. Accordingly, HPZS
cannot and does not warrant or represent that bids or negotiated prices will not
vary from any estimate of Construction Cost or evaluation prepared or agreed to
by HPZS.
D. No fixed limit of Construction Cost shall be established as a condition of this
Agreement by the furnishing, proposal or establishment of a Project budget,
unless a fixed limit has been agreed upon in writing and signed by the parties
hereto.
E. Any Project budget or fixed limit of Construction Cost may be adjusted to reflect
changes in the general level of prices in the construction industry between the
date of submission of the Construction Documents to the City and the date on
which proposals are sought.
F. If a fixed limit of Construction Cost is exceeded by the lowest bona fide bid or
negotiated proposal, the City shall:
1) give written approval of an increase in such fixed limit;
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2) authorize rebidding or renegotiating of the Project within a reasonable
time;
3) if the Project is abandoned, terminate in accordance with Paragraph
l.C.; or
4) cooperate in revising the Project scope and quality as required to
reduce the Construction Cost.
G. If the City chooses to proceed under Clause 4F 4) above, HPZS, without
additional charge, shall modify the Contract Documents as necessary to comply
with the fixed limit, if established as a condition of this Agreement. The
modification of Contract Documents shall be the limit of HPZS' responsibility
arising out of the establishment of a fixed limit.
ARTICLE 5: USE OF HPZS' DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS
A. The Drawings, Specifications and other documents prepared by HPZS for this
Project are instruments of HPZS' service for use solely with respect to this
Project, and HPZS shall be deemed the author of these documents and shall
retain all common law, statutory and other reserved rights, including the
copyright. The City shall be permitted to retain copies, including reproducible
copies of HPZS' Drawings, Specifications and other documents for information
and reference in connection with the City's use and occupancy of the Project.
HPZS' Drawings, Specifications or other documents shall not be used by the City
or others on other projects, for additions to this Project or for completion of this
Project by others, unless HPZS is adjudged to be in default under this
Agreement, except by agreement in writing and with appropriate compensation to
HPZS.
B. Submission or distribution of documents to meet official regulatory or grant
requirements or for similar purposed in connection with the project is not to be
construed as publication in derogation of HPZS' reserved rights.
ARTICLE 6: ARBITRATION
A. Claims, disputes or other matters in question between the parties to this
Agreement arising out of or relating to this Agreement or breach thereof shall be
subject to and decided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Association currently in
effect unless the parties mutually agree otherwise. No arbitration arising out of or
relating to this Agreement shall include, by consolidation, joinder or in any other
manner, an additional person or entity not a party to this Agreement, except by
written consent containing a specific reference to this Agreement signed by the
City, HPZS, and any other person or entity sought to be joined. Consent to
arbitration involving an additional person or entity shall not constitute consent to
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arbitration of any claim, dispute or other matter in question not described in the
written consent. The foregoing agreement to arbitrate and other agreements to
arbitrate with an additional person or entity duly consented to by the parties to
this Agreement shall be specifically enforceable in accordance with applicable
law in any court having jurisdiction thereof.
B. In no event shall the demand for arbitration be made after the date when
institution of legal or equitable proceedings based on such claim, dispute or other
matter in question would be barred by the applicable statutes of limitations.
C. The award rendered by the arbitrator or arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court having
jurisdiction thereof.
ARTICLE 7: TERMINATION, SUSPENSION OR ABANDONMENT
A. This Agreement may be terminated by either party upon not less than seven
days' written notice should the other party fail substantially to perform in
accordance with the terms of this Agreement through no fault of the party
initiating the termination.
B. If the Project is suspended by the City for more than 30 consecutive days, HPZS
shall be compensated for services performed prior to notice of such suspension.
When the Project is resumed, HPZS' compensation shall be equitably adjusted to
provide for expenses incurred in the interruption and resumption of HPZS'
services.
C. This Agreement may be terminated by the City upon not less than seven days'
written notice to HPZS in the event that the Project is permanently abandoned. If
the Project is abandoned by the City for more that 90 consecutive days, HPZS
may terminate this Agreement by giving written notice.
D. Failure of the City to make payments to HPZS in accordance with this Agreement
shall be considered substantial nonperformance and cause for termination. If the
City fails to make payment when due HPZS for services and expenses, HPZS
may, upon seven days' written notice to the City, suspend performance of
services under this Agreement. Unless payment in full is received by HPZS
within seven days of the date of the notice, the suspension shall take effect
without further notice. In the event of a suspension of services, HPZS shall have
no liability to the City for delay or damage caused the City because of such
suspension of services. In the event of termination not the fault of HPZS, HPZS
shall be compensated for services performed prior to termination, together with
Reimbursable Expenses then due. Termination Expenses are in addition to
compensation for Basic and Additional Services, and include expenses, which
are directly attributable to termination.
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ARTICLE 8: MISCELLANEOUS PROVISIONS
A. This Agreement shall be governed by the law of the State of Iowa.
B. Terms in this Agreement shall have the same meaning as those in the General
Conditions of the Contract for Construction.
C. The City and HPZS, respectively, bind themselves, their partners, successors,
assigns and legal representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representatives of such other party with
respect to all covenants of this Agreement. Neither the City nor HPZS shall
assign this Agreement without the written consent of the other.
D. This Agreement represents the entire and integrated agreement between the City
and HPZS and supersedes all price negotiations, representations or agreements,
either written or oral. This Agreement may be amended only by written
instrument signed by both the City and HPZS.
E. Nothing contained in this Agreement shall create a contractual relationship with
or a cause of action in favor of a third party against either the City or HPZS.
F. HPZS and HPZS' consultants shall have no responsibility for the discovery,
presence, handling, removal or disposal of or exposure of persons to hazardous
materials in any form at the Project site, including but not limited to asbestos,
asbestos products, polychlorinated biphenyl (PCB) or other toxic substances.
G. HPZS shall be entitled to compensation in accordance with this Agreement for all
services performed whether or not the Construction Phase is commenced.
H. Insurance. HPZS shall provide insurance during the term of this Agreement as
set forth in the attached Insurance Schedule.
I. Indemnification. To the fullest extent permitted by law, HPZS 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 Agreement, provided that such claim, damages, loss or
expense is attributable to bodily injury, sickness, disease or death, or injury to or
destruction of property including loss of use resulting therefrom, but only to the
extent caused in whole or in part by negligent acts or omissions of HPZS, HPZS'
subcontractor, or anyone directly or indirectly employed by HPZS or HPZS'
subcontractor or anyone for whose acts HPZS or HPZS' subcontractor may be
liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder.
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ARTICLE 9: PAYMENTS TO HPZS
A. PAYMENTS ON ACCOUNT OF BASIC SERVICES
1) Payments for Basic Services shall be made monthly and, where
applicable, shall be in proportion to services performed within each phase
of service.
2) If and to the extent that the time initially established in Subparagraph
10.0. of this Agreement is exceeded or extended through no fault of
HPZS, compensation for any services rendered during the additional
period of time shall be computed in the manner set forth in Subparagraph
10.B.
3) Payments on account of HPZS' Additional Services and for Reimbursable
Expenses shall be made monthly upon presentation of HPZS' statement
of services rendered or expenses incurred.
4) No deductions shall be made from HPZS' compensation on account of
sums withheld from payments to contractors.
B. REIMBURSABLE EXPENSES
1) Reimbursable Expenses include expenses incurred by HPZS in the
interest of the Project for:
a) expense of transportation and living expenses in connection with
out-of-town travel authorized by the City;
b) long-distance communications;
c) fees paid for securing approval of authorities having jurisdiction
over the Project;
d) reproductions;
e) postage and handling of Drawings and Specifications;
f) expense of overtime work requiring higher than regular rates, if
authorized by the City;
g) renderings and models requested by the City;
h) expense of additional insurance coverage or limits, including
professional liability insurance, requested by the City in excess of
that normally carried by HPZS and HPZS' consultants.
ARTICLE 10: CITY COMPENSATION TO HPZS
A. FOR BASIC SERVICES, as described in Article 2 as part of Basic Services,
Basic Compensation shall be computed as follows:
Investigation and Design Phase -
Construction Document Phase
Construction Phase
$10,100.00
$23,900.00
$18,300.00
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B. FOR PROJECT REPRESENTATION AND ADDITIONAL SERVICES OF HPZS
BEYOND BASIC SERVICES, as described in Article 2, compensation shall be
computed as follows:
Per the attached Schedule of Ch'arges" '. .... ...
C. FOR REIMBURSABLE EXPENSES:
Per the attached Schedule of Charges
D. IF THE BASIC SERVICES covered by this Agreement have not been completed
within eight (8) months of the date hereof, through no fault of HPZS, extension of
HPZS' services beyond that time shall be compensated as provided in
Subparagraph 10.B above.
E. Payments are due and payable within thirty (30) days from the date of the City's
receipt of HPZS' invoice. Amounts unpaid thirty (30) days after the invoice due
date shall bear interest at the Federal Reserve Bank's published prime lending
rate.
This Agreement entered into as of the day and year first written above.
THE CITY OF DUBUQUE, IOWA
HASBROUCK PETERSON ZIMOCH
SIRIRATTUMRONG
Gu~ G. c.~
rre)
Joyce E. Connors, Mayor Pro-Tern
. - - . .. .
(Printed Name and Title)
(Signature)
(Printed Name and Title)
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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 policies of insurance shall be endorsed to provide a thirty (30) day advance
notice of cancellation to the City of Dubuque, except for 10 day notice for non-
payment, if cancellation is prior to the expiration date. This endorsement supersedes
the standard cancellation statement on the Certificate of Insurance.
3. HPZS 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.
HPZS shall also be required to provide Certificates of Insurance of all subcontractors
and all sub-sub contractors who perform work or services pursuant to the provisions
of this contract. Said certificates shall meet the same insurance requirements as
required of HPZS.
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
Products-Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage limit (anyone occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
INSURANCE SCHEDULE C (Continued)
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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.
b) Automobile $1,000.000 combined sinale limit.
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 100704.
c) WORKERS COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
Each Accident
Each Employee Disease
Policy Limit Disease
$ 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.
Completion Checklist
D Certificate of Liability Insurance and Disclaimer
D Designated Location(s) General Aggregate Limit CG 25 04 03 97
D Additional Insured CG 20 100704
D Governmental Immunities Endorsement
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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 Coveraae. 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 Immunitv. 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 Coveraae. 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.
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