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Signed Contract_Northend Trail Lighting Project, IIW P.C.Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Design Firm for the North End Neighborhood Trail Lighting Project CIP #350 -1129 DATE: February 22, 2012 Dubuque AII•AineneaCity 2007 INTRODUCTION The purpose of this memorandum is to request your approval of the RFP Committee's recommendation for the design firm for the North End Neighborhood Trail Lighting Project. BACKGROUND The RFP Committee for this project was: Marie Ware Leisure Services Manager Gil Spence Acting Park Division Manager Kevin Klein Police Officer Ken TeKippe Finance Director Jerelyn O'Connor Neighborhood Development Specialist Bob Schiesl Assistant City Engineer DISCUSSION Our committee met on Monday, February 20th to review the four proposals received. The four firms and quoted cost is as follows: Innovative Engineers, Inc. $ 7,600 Veenstra & Kimm, Inc. $ 21,300 IIW, P.C. $ 22,000 Strand Associates $ 52,800 After careful review, the committee recommends IIW be hired to provide these design services. Reasons for recommending IIW include: ® They are well qualified for the project. 6 IIW has designed several trail projects with our department and have always done a good job. © Julie Neebel and the entire firm are very good to work. with. ® IIW is the only local firm to submit a proposal. ® The scope of service outlined by IIW meets what was in the RFP. As a committee, we were concerned about the experience with similar projects listed by Innovative Engineers. Also, we were concerned with their scope of service and only making two site visits during construction. ACTION STEP The action requested is your approval of the selection of IIW for this project and to authorize the development of a contract for you to sign. MLW:et prepared by Gil Spence, Acting Park Division Manager 2 THE CITY OF DUB Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Agreement for Professional Services — North End Trail Lighting DATE: March 13, 2012 Dubuque All- America City \11 f-1 1, 2007 Attached are two sets of an agreement with IIW for design services for the North End Trail Lighting project Barry Lindahl and Ken TeKippe have reviewed the agreement and approved. Please sign both copies and return them to me. Thanks! MLW:et attachments AGREEMENT FOR ENGINEERING SERVICES BETWEEN the CITY OF DUBUQUE — LEISURE SERVICES DEPARTMENT AND IIW, P.C. FOR NORTHEND TRAIL LIGHTING PROJECT IIW Project No.: 12049 -00 THIS AGREEMENT is made this 8th day of March, 2012, by and between: City of Dubuque Leisure Services Department 2200 Bunker Hill Rd. Dubuque, IA 52001 -3010 hereinafter referred to as the "Owner ", and IIW, P.C. 4155 Pennsylvania Avenue Dubuque, Iowa 52002 -2628 A professional corporation in Dubuque, Iowa, hereinafter referred to as the "Engineer ". WHEREAS, the Owner desires to engage the Engineer to provide professional services for the Northend Trail Lighting project on the existing trail from 22nd Street to 32nd Street located in Dubuque. WHEREAS, the accomplishment of the hereinafter described work and services is authorized by execution of this agreement between the Owner and the Engineer. NOW THEREFORE IT IS AGREED AS FOLLOWS: IIW, P.C. www.iiwengr.com ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING Dennis F. Waugh, PE /SE* Charles A. Cate, PE*" Gary D. Sejkora, PE Michael A. Jansen, PE /SE Ronald A. Balmer, PE /SE /AIA John M. Tranmer, PLS Timothy J. Tranel, PE* John F. Wandsnider, PE Julie P. Neebel, PE James P. Kaune, PE Thomas J. Oster, PLS ** Wray A. Childers, PLS Geoffry T. Blandin, PE Mark C. Jobgen, PE Lauren N. Ray, PE /SE* Bradley J. Mootz, PE /SE Cody T. Austin, PE* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, NCARB /AIA* Alice M. Ohrtmann, PE Craig J. Elskamp, AIA Robert W. Blok, PE Eric J. Helminiak, PE /SE* Steven J. Hunn, PE Jeff J. Brandt, PLS * LEED AP ** Retired 4155 Pennsylvania Avenue, Dubuque, IA 52002 -2628 ® [P] 563.556.2464/800.556.4491 ® [F] 563.556.7811 0 0 PART I - SCOPE OF SERVICES SECTION A The Engineer agrees to perform the following services: 1. Develop contract and schedule 2. Hold a meeting with the steering committee in order to determine: a. Light pole and fixture options from an aesthetic standpoint, b. Goals of accomplishing the trail lighting. For example is the goal of lighting the trail to develop a light level to read by, a security level to dispel all shadows, to give a general lighting such as neighborhood level street lights. c. Does existing street lighting meet some of the needs and are they aesthetically acceptable? d. Are outlets desired to allow decorations or other devices to utilize the electrical source? e. What are the budget constraints and is that the limit of funding? 3. Place a one call to identify utility locations. 4. Create a base drawing from the existing as designed file overlaid on an aerial. 5. Walk the site with base drawing to identify locations of existing light poles, utility poles that would be a potential power source for service pedestals, identify nearby residences that would potentially be conflicts for undesirable light spill. Take photos and a preliminary inventory of site features impacting pole locations. Prepare an anticipated construction cost estimate to verify acceptability with the budget. 6. Work with a lighting vendor to evaluate potential luminaires and determine the light distribution based on the proposed lighting layout. 7. Meet with the steering committee to review proposed light placement and review of proposed exhibits for use at the public meeting to collect feedback to allow editing exhibits prior to conducting the public meeting with the neighborhood. Anticipated exhibits for use at the public meeting include illustrations of the proposed light poles and fixtures, aerial photograph with proposed placement of light poles shown in relation to the trail, select photographs of existing site conditions showing relationship of proposed lights. 8. Prepare exhibits for use at the public meeting with the neighborhood. 9. Hold a public meeting with the neighborhood to collect feedback and comments regarding the lighting layout. The meeting would be open to all public with notices provided in the newspaper and City website, however those abutting the project should get a direct mailing about the meeting. The meeting should be held at a location convenient for those without vehicular access. 10. Meet with the steering committee to relay public meeting concerns and comments. Obtain direction as to how the project should proceed. Verify schedule for bidding and construction. 11. Prepare selected design for bidding, design elements to include: a. Coordination with Alliant to determine power sources and metering requirements. b. Perform electrical calculations to determine if the most economical solution of length of run versus frequency of power sources and metering. c. Complete electrical design for wiring, conduit size, and service pedestals. It is assumed boring will be used for the conduit installation. d. Meet with City electrical technicians to verify acceptability of the design. e. Complete plan set to include: i. Title sheet 2 ii. Light Pole and Foundation details iii. Plan view of lighting layout including conductors and conduit iv. Tabulation of conductors and quantities f. Complete technical specifications. Assumes use of City of Dubuque Section 19 electrical specification. g. Prepare quantity take off and cost estimate. h. Prepare public notice of bidding and hearing for publication by the City. i. Prepare standard City of Dubuque form of contract and competitive bid documents including bid schedule, competitive bid forms, competitive bid bond forms, contractors certification forms, agreement forms, performance and payment bonds, general contract conditions, instructions to bidders, and special contract provisions. 12. Provide one set of plans and bid documents to the City. City to distribute plans to bidders. 13. Attend bid opening and assist City in review of bid received. Prepare letter with recommendation for award. 14. Provide staking for contractor to allow placement of light bases and handholes. Stakes to be placed one time for each fixture with up to two mobilizations to place stakes for the entire project length. 15. Provide periodic (weekly) construction observation. Assumes a 9 week duration. The construction observation shall include discussions with the contractor to verify work completed to date was in conformance with contract documents and to discuss the anticipated work for the upcoming week. Construction observation does not include witnessing of placement of each light fixture and base or witnessing of conduit or conductor placement. Does not include testing of concrete for light pole bases. Does not include tracking and tabulation of quantities for the purpose of periodic pay requests. These added services for construction observation and testing can be provided as extra services. 16. Upon completion of the project provide letter of project acceptance. This scope of services does not include routine pay requests and change orders. SECTION B — ADDED SERVICES OFFERED IN THE PROPOSAL The Owner shall advise and/or authorize the Engineer to perform added services offered by the proposal. The added services offered by the Engineer in our proposal include the following: 1. One on one interview with adjacent residences to develop a listing of concerns likely to be raised at the public meeting. 2. Development of renderings showing cross section to show proposed landscape /trail /lighting relationships. 3. Field investigation to determine elevation of bedrock. Assumes one day (8 hours) of exploration of rock locations and the one call utility locate. 4. Mailing and publishing notices for the public meeting. Establishment of a listing of adjacent property owners. 5. Develop Planting Plan sheet for DD and CD phase if buffering with planting and screening is required as a part of the construction n dOWments. 6. Site observation visits (2) by landscape architect during construction if plantings are included in construction documents. Includes review of planting submittals. 7. Printing and distribution of plans and specifications, issuance of addendums during bidding process, maintaining plan holders list. 8. Basic construction administration services including preparation of contractor contracts and review of bonding submittals; review of shop drawing submittals; periodic pay requests; change orders. 9. Concrete testing of light pole foundations during construction. Assumes 3 trips to make cylinders for testing and the cylinder testing. 3 SECTION EX - EXTRA SERVICES Services other than those listed under A of Part I may be required of the Engineer by the Owner. The Owner shall advise and /or authorize the Engineer to perform extra services. All services not specifically listed under A of Part I are classified as extra services. The extra services offered by the Engineer include, but are not limited to, the following: 1. Services resulting from revising previously accepted studies, reports, design documents or contract documents when revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of studies, reports or documents, or are due to any other causes beyond the Engineer's control. 2. Assistance in connection with bid protests, re- bidding or renegotiating (subsequent to any initial negotiation at the time of contract award) contracts for construction, materials, equipment or services, unless directly resulting from errors and omissions by the Engineer. 3. Negotiations with property owners related to preparation of plats and descriptions or related services needed for the transfer of interests in real property and acquiring easements. 4. Preparing to serve or serving as a consultant or witness for the Owner in any litigation, arbitration, condemnation, or other legal or administrative proceedings involving the project. 5. Additional or extended services during construction made necessary by and not reasonably discoverable by the Engineer such as: a. Work damaged by fire or other cause during construction. b. A significant amount of defective or neglected work of the Contractor. c. Prolongation of the construction contract time of any construction contract. d. Acceleration of the work schedule involving services beyond normal working hours. e. Default of any Contractor or subcontractor on the construction contract. PART II - OWNER'S RESPONSIBILITIES The Owner shall do the following in a timely manner so as not to delay the services of Engineer: 1. Designate a person to act as Owner's representative with respect to the services to be rendered under this agreement. The Owner's representative shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to the Engineer's services for the project. 2. Work with the Engineer to establish the Owner's criteria and requirements. Criteria shall include design objectives, design and construction constraints, capacity and performance requirements, flexibility and expandability requirements and budgetary limitations. 3. Furnish copies of all design and construction standards that the Owner requires in the drawings and specifications. 4. Place at the Engineer's disposal all available design or construction related reports, data and information. 5. Furnish to the Engineer without limitation: a. GIS data 4 6. Coordinate with the Engineer for access for the Engineer to enter upon public and private property as required for the Engineer to perform services under this agreement. 7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Engineer. Obtain advice of an attorney, insurance counselor and other consultants, as the Owner deems appropriate for examination. Render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Engineer. 8. Furnish approvals and permits as may be required from the Owner and pay permit or approval fees of other governmental authorities having jurisdiction over the project. 9. Provide legal, accounting, and insurance counseling services as may be required for the project. 10. Give prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of the Engineer's services, or any defect or nonconformance in the work of any Contractor. 11. Direct the Engineer to provide Extra Services and /or Added Services as desired and as stipulated in Section EX and Section B of Part I of this agreement. 12. Pay all costs incidental to obtaining permits from applicable agencies, and bids or proposals from contractors and/or suppliers; and all costs incidental to compliance with the requirements of Part II. PART Ill - COMPENSATION SECTION A Compensation for Base Services as listed above shall be lump sum with a total of Twenty Two Thousand Dollars and No Cents ($22,000.00) Added Services offered by the proposal can be provided as requested based on the following table. One on one interview with adjacent residences to develop a listing of concerns likely to be raised at the public meeting. Lump Sum $500.00 Development of renderings showing cross section to show proposed landscape /trail /lighting relationships. Lump Sum $900.00 Field investigation to determine elevation of bedrock. Assumes one day (8 hours) of exploration of rock locations and the one call utility locate. Hourly Not to Exceed $2,300.00 Mailing and publishing notices for the public meeting. Establishment of a listing of adjacent property owners. Lump Sum $700.00 Develop Planting Plan sheet for DD and CD phase if buffering with planting and screening is required as a part of the construction documents. Lump Sum $1,550.00 Site observation visits (2) by landscape architect during construction if plantings are included in construction documents. Includes review of planting submittals. Lump Sum $300.00 Printing and distribution of plans and specifications, issuance of addendums during bidding process, maintaining plan holders list. Lump Sum $600.00 Basic construction administration services including preparation of contractor contracts and review of bonding submittals; review of shop drawing submittals; periodic pay requests; change orders. Lump Sum $900.00 Concrete testing of light pole foundations during construction. Lump Sum $580.00 5 SECTION EX - EXTRA SERVICES 1. Compensation for Extra Services as defined in Section EX of Part I, or other extra services, shall be based either on the time required at the Engineer's normal hourly rates, or on a lump sum fee. The lump sum fee is to be established and approved by the Owner and the Engineer prior to performing defined extra services. PART IV - SCHEDULE All work is anticipated to be completed in 2012. Plans shall be prepared to allow 2012 construction. PART V - TERMS AND CONDITIONS 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 changes 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 City of Dubuque Insurance Schedule C. 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 Contractor, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) 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 AND 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 6 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. 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 of 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 the contract. 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. 9. COMPENSATION All billings to the City by the Engineer are due and payable upon the receipt by the City of the statement. Billings for which compensation has not been made within thirty (30) days of the statement date shall be assessed an interest fee of eighteen percent (18 %) per annum on the unpaid balance commencing on the thirty -first day after the billing date. No deduction shall be made from the Engineer's compensation on account of penalty, liquidated damages, or other amount withheld from payments to the Contractor(s). 10. TERMINATION Either party may terminate this Agreement for any reason, with or without cause, upon 14 days written notice. Upon termination of this Agreement, full payment shall be made to the Consultant for services and expenses up to the date of the notice of termination. 11. MEDIATION Owner and Consultant desire to resolve any disputes or areas of disagreement involving the subject matter of this Agreement by a mechanism that facilitates resolution of disputes by negotiation rather than by litigation. Owner and Consultant also acknowledge that issues and problems may arise after execution of this Agreement which were not anticipated or are not resolved by specific provisions in this Agreement. Accordingly, both Owner and Consultant will endeavor to settle all controversies, claims, counterclaims, disputes, and other matters in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect, unless Owner and Consultant mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement. A demand for mediation shall be made 7 within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation 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 statute of limitations. Neither demand for mediation nor any term of this Dispute Resolution clause shall prevent the filing of a legal action where failing to do so may bar the action because of the applicable statute of limitations. If despite the good faith efforts of Owner and Consultant any controversy, claim, counterclaim, dispute, or other matter is not resolved through negotiation or mediation, Owner and Consultant agree and consent that such matter may be resolved through legal action in any state or federal court having jurisdiction. PART VI - APPROVAL IN WITNESS WHEREOF, the parties hereto have made and executed this agreement in duplicate counterparts, each of which shall be considered as an original by their duly authorized officers as of the date below indicated: EXECUTED BY THE OWNER THIS / 47 DAY OF j 16 "-� � , 2012. CITY OF DUBUQUE Michael Van Milligen, City Manager EXECUTED BY THE ENGINEER THIS >irk DAY OF tC j 2012. IIW, P.C. ClAti F, ( f'.i212�_Q Julio P. Neebel, P.E. Pr�iect Manager WITI\P Michael A. Jansen, P.E., S.E. Chief Executive Officer / Principal Civil & Structural Engineer 8 AC CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDIYYYY) 3/8/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Friedman Insurance, Inc. 880 Locust Street - Suite 200 P 0 Box 759 Dubuque IA 52004 -0759 CONTACT Jon]. Talsma., CISR NAME: PHONE (563) 556 -0272 (A/C, No. Ext): FAX (563) 556-4425 (AIC, No): E -MAIL ADDRESS: PRODUCER 00002041 CUSTOMER ID/F INSURER(S) AFFORDING COVERAGE NAIC # INSURED IIW P.C. 4155 Pennsylvania Ave. Dubuque IA 52002 INSURER A:Secura Insurance Company 22543 INSURER B:CNA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NU MBER:11- 12Inc1. Prof REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR X CP003033699 11/7/2011 11/7/2012 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) S j-OO 000 CLAIMS -MADE MED EXP (Any one person) $ 10,000 PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- POLICY LOC PRODUCTS - COMP /OPAGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS A- 003033700 11/7/2011 11/7/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Medical payments $ 5 , 000 Underinsured motorist $ 500 , 000 A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CU003033702 11/7/2011 11/7/2012 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 X DEDUCTIBLE RETENTION $ 5,000 $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/E)(ECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A (9C3033701 11/7/2011 11/7/2012 H TORY LIIMITS OER E.L. EACH ACCIDENT S 500,000 E.L. DISEASE- EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 $2,000,000 $2,000,000 B Professional Liability AEH004316390 2/18/2012 2/18/2013 Per claim Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Dubuque, including all its elected and appointed officials, all its employees and•volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers are included as Additional Insureds on the above Liability (Form CG2026 or equivalent). Governmental Immunities Endorsement applies. Waiver of Subrogation applicable to Workers Compensation. RE: Northend Trail Lighted Project - 22nd St to 32 St. CERTIFICATE HOLDER CANCELLATION dheiar @cityofdubuque.org CITY OF DUBUQUE Leisure Services Dept. 2200 Bunker Hill Rd. City Hall Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE T Friedman, CPCU /TJ ACORD 25 (2009/09) ©1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED WRAP This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESS.OWI"J RS LIABILITY .COVERAGE .FORM With respect to coverage provided by this Endorsement,. the provisions of the Coverage Form apply Unless- modified by this Endorsement.. Additional Insured provisions.-provided inthis endorsementcontain equivalent language to Insurance Services Office Endorsements CG 20 10.07 04. and CO 20 37 0704: -1fa written contract or written agreement between you and the additional insured specifies that coverage: for the additional, insured form be provided. by.Endoraements CG 20 10 07 04 and/or CG 20 37 07 04; this endorsement shall be interpreted to comply with -such, requirement, but only to the extent that such coverage is included within-the : terms of the Coverage Part to>which this endorsement is attached. A, Additional Insured.:When Required By Written Construction Contract 1, Operations Performed For An:Additional Insured WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when.you and such person or organization have agreed in a written -. contract or written, agreement-prior-tea- loss, -that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with °respect to liability for- "bodily injury. ", "property damage or "personal and advertising injury" caused, in whole or in part, by: a.: Your acts or omissions; or b. The acts or omissions of those. acting on your behalf; in the performance: of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this provision ends, at the earlier of when your operations for that additional:insured are completed; or the end of the policy period. 2. Limitations The Operations.Performed For An Additional Insured. coverage is limited as follows; a. This insurance does -not apply. to "bodily injury "., "property damage" or "personal and advertising injury" arising :out of the rendering of; or the failure to render, any professlonal architectural, engineering: or-surveying- services, including.'„ (1). The preparing, _approving, or failing to. prepare' or approve, maps, shop drawings, opinions, reports, surveys; field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. This insurance does -not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipmentfumished in connection with such work, on the project.(otherthan service, maintenance or repairs) td-be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which-the injury or .damage arises.has been put to its intended use by any person Or organization otherthan another contractor or subcontractor engaged in performing_ operations for a principal as a part of the same project. c. The Limits of Insurance applicable to the additional insured .are.those_specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits.of Insurance shown in the Declarations. If otheriiinsurance: available to. you and written: by us is applicable to this additional insured, the maximum recovery under all coverage. forms or policies combined may equal but not exceed the highest:applicable. limit under anyone coverage form or policy providing coverage.on either a primary or excess basis. ILE 1037 Includes copyrighted material of Insurance Services oftice, wlttt its permission Page 1 of 3 1105 02011, SECURA Insurance Companies d.. This- insurancedoes not apply If the person-or organization required to. be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement addedto this policy. B. Additional Insured When Required By Written Construction Cchtract — Completed Operations 1. Additional.lnsured — Completed Operations. WHO IS AN INSURED-is amended to include as an additional insured any person or organization, .when. you and such person or organization have agreed; in a: written contract or written agreement priorto-a loss; -that such person.ororganization be added as an additional insured on your policy, but only with respect to "bodily injury" or "property damage" caused, in whole or in part; by "your work" performed for that_ additional insured and included in the "products- completed operations hazard". 2 Limitations The.Additional Insured- Completed Operations coverage is.limited as follows: a. A person or organization's status as an insured: under.Additional Insured , Completed Operations continues only until the earlier of the end of the policy period; or the period of time required by the written contract or:written agreement. If no time period is required by the written contract or Written agreement,_a person or organization's status as an additional. Insured under this endorsement will not apply beyond the lesser of the end of the policy period; or five years—fret the completion. of your .work" on the project which is the subject of the written contract or written agreement. b. The insurance as provided to the additional insured does not apply to "bodily injury", "property - damage" or "personal and advertising injury" arising out of "your work "'for which. a consolidated (wrap- up).insurance program has been provided by the prime contractor= project manager or owner of the construction. project in which you are involved. c. The Limits of Insurance applicable to the additional insured are th ©se specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance -are. inclusive and not in addition, to the Limits of Insurance shown inthe Declarations. If other insurance available to you and written. by us is applicableto this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or. excess basis. d. The coverage provided to the additional Insured by this.- endorsement and by- paragraph f, of the definition of "insured contract" under DEFINITIONS do not apply to "bodily injury" or "property damage`' arising out-of the. "products- completed operation s hazard" unless required by the written contract or written agreement; e. This insurance does not apply if the person or organization required-to be added as an- additional insured is specifically named as an additional Insured under any other provision of, or.endorsement 'added to this policy.. C. Primary And Noncontributory As respects the coverage :provided under this endorsement, the Other Insurance Condition is amended as follows: The paragraph regarding Excess Insurance 13 deleted and replaced with the following: Excess Insurance This insurance is excess over.any other insurance available to:the additional`insuredwhether primary, excess, contingent Cr on any other basis unless the written contract or written agreement described in A: and B. above specifically requires that this insurance be either primary or primary and noncontributory. Then this insurance is primary and not contributing with any Insurance-available-hi the additional insured which covers that person or organization as a named insured,. D', Waiver Of Trans-W.0f Rights Of Recovery Against _Others To Us As respects the coverage provided under this endorsement, the' Transfer Of Rights Of Recovery Against Others To- Us Condition.is amended by adding the following: We waive any right of recovery we may have -to recover we. make for all.or part of any payment we have made under this Coverage Part arising out of ".your work" under a written contract or written agreement ILE 1037 Includes copyrighted material of lnsurence services Office, with Its:permission 1105 02011, SEC URA insurance Companies Page 2 of 3 requiring such waiver with that person or organization. However, our rights may only be waived prior to the "occurrence° for which we make payment under this Coverage Part.. The insured must do. nothing after a loss to impair our rights; At our request, the Insured will bring "suit" or transfer those-rights to us and help us enforce those rights . E. Amendment — Aggregate Limits Ofinsurance (Per Project) Under LIMITS OF INSURANCE shown on the. Declarations, the General Aggregate -It: iit applies separately to each of your projects away from the premisesowned'by you or rented to you This extension does not apply, to the "products- completed operations hazard *. F, Additional Condition The following condition is added: Additional Insured Duty To Notify The additional insured described. in A. or B. above Must give written notice of loss,. including ademand for defense and indemnity, to any other insurer having coverage for the loss under its policies. Such: notice must demand full coverage available- and. the additional insured shall not waive or limit such other available coverage. This additional. condition does:not apply tq.tlie ihsurance- available toEthe additional:nsured which covers - that person or organization as. a named insured. All other terms and conditions ofthis. policy not in conflict with the terms and. conditions of this Endorsement shalt continue to apply. ILE 1037 incitides copyrighted material of. Insurance Services Office, with its permission 1105 ®2011, 5ECURA Insurance Companies Page3of3