Signed Contract_Origin Design Co. for City-Wide Water Distribution System, Storage & Pumping Improvements ProjectCity of Dubuque
City Council Meeting
Consent Items # 18.
Copyrighted
February 21, 2022
ITEM TITLE: Signed Contract(s)
SUMMARY: Tyler McDermott for Farm Lease of 81 Acres off North English Road;
Origin Design Co. for City -Wide Water Distribution System, Storage &
Pumping Improvements Project.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Water Distribution System, Storage & Pumping Project Supporting Documentation
Farm Lease of 81 Acres off North English Road Supporting Documentation
THE CITY OF
DUB E-E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Christopher Lester, Water Department Manager
Dubuque
All -America City
2007-2012.2013
2017*2019
DATE: October 26, 2021
RE: City -Wide Water Distribution System, Storage, and Pumping Improvements
Project 2021
Award of Professional Engineering Contract
INTRODUCTION
The purpose of this memorandum is to request authorization to enter into a contract for
professional engineering services with Origin Design of Dubuque, Iowa for the City -Wide
Water Distribution System, Storage, and Pumping Improvements Project 2021.
BACKGROUND
The City of Dubuque is looking to address necessary improvements associated with its water
distribution system. These improvements will address water resiliency, reduction of
bottlenecks, improve water storage and pumping at key locations throughout the community
to support the existing customer base, and prepare the City for increased demands
associated with the existing customers.
The project will also assist the City's need to reduce and better manage dead-end water
mains and other areas where water age and water quality can suffer due to lack of circulation.
The City will work with the successful engineering firm to identify the necessary improvements
following a hydraulic assessment using the City's hydraulic distribution model currently
residing with Origin Design, Dubuque, Iowa. The City will seek project financing and authorize
construction as deemed appropriate.
The work will be funded by a successful award of the City's application for an Iowa SRF loan
for the proposed improvements, and the successful award of an Iowa SRF Planning and
Design Loan. The planning and design application was submitted to the Iowa DNR on
October 1, 2021.
DISCUSSION
On October 13, 2021, the City initiated a request for engineering proposals for the City -Wide
Water Distribution System, Storage, and Pumping Improvements.
The request for proposal includes a requirement for the engineering firm to
It has been identified that several improvements to the water storage and distribution
network would be necessary to reliably service existing and growing customer water
demands. These improvements will address water resiliency, reduction of bottlenecks,
improve water storage and pumping at key locations throughout the community to support
the existing customer base, and prepare the City for increased demands associated with the
existing customers.
2. Determine the requirements for land acquisition and easements, prepare plats and
easement exhibits as necessary and assist the City with obtaining these requirements.
Assist the City in soliciting for professional geotechnical evaluation and reporting services
as necessary for the design of the identified projects. Prepare construction plans and
specifications for all projects of the Phase 1 improvements including North Cascade Road
and Southwest Arterial Water Main Extensions, Southwest Arterial Water Tower, and
Rockdale Road Water Main Extension, as well as Phase 2 improvements including Central
Avenue and Olympic Heights Water Main Extensions and Central Avenue Booster Station
for bid meeting the requirements of Iowa SRF. The plans and specifications shall be sealed
by a professional engineer licensed in the State of Iowa.
3. Prepare and obtain any and all federal, state, and local construction permits. Including but
not limited to Iowa DNR Construction Permits, Joint Applications, Dubuque County Soil and
Erosion Control permit(s), and City of Dubuque Soil and Erosion Control Permit(s) and
Building Permit(s). Prepare bid opening, bid review, a written bid analysis and contract
award documents meeting the requirements of Iowa SRF including submittal of those
documents on behalf of the City, and provide the City with five hard copies and one
electronic copy of the final plans and specifications and supporting documentation.
Engineering Firm Review and Short List Process
The City received two engineering proposals on October 22, 2021. Each proposal was
reviewed and scored by an approved committee. Proposals were submitted by: Origin Design
of Dubuque, Iowa and Fehr Graham of Manchester, Iowa. The selection committee
comprised of staff from the Water, Engineering, and the W&RRC. The committee reviewed
each proposal to ensure that the minimum requirements of the proposal format were met.
They were tasked with reviewing each proposal using a scoring system to place qualifying
proposals on a consultant short-list for interview.
The following criteria was used to initially evaluate the submitted proposals:
1. The firm must have a high level of professional competence and a proven track record in
the preparation of similar projects:
a. Qualifications and experience of the Consultant and any subconsultants.
b. Demonstration of the project team's professional expertise and technical abilities.
c. If a joint venture with subconsultants, the track records of the Firms experience
working together.
d. Experience of the Consultant working on municipal projects.
e. Experience of the Consultant working on municipal projects in Iowa.
2. Review of the quality and completeness of the written proposal. The proposal should
clearly demonstrate understanding of the City's overall objectives for the project.
3. Review of the design approach/methodology in completing scope of services such as:
a. Grasp of project requirements and level of interest in the project.
b. Creativity and problem -solving ability.
c. Ability of Consultant team to demonstrate initiative, motivation and knowledge as
an indication of their desire to work with the City of Dubuque.
4. Confirm inclusion of a proposed schedule required to complete the project.
2
The selection committee unanimously recommended a single firm be selected for the
project; therefore, no further questions were asked of the design firms.
Engineering Firm Selection and Recommendation
The selection committee evaluated the innovation and initiative each firm would bring to the
project and identified Origin Design as the firm that would be able to perform the necessary
work efficiently and economically in the time frame allotted by the city.
Origin Design demonstrated a clear grasp of the project scope and requirements. Origin
Design recently completed the application for the City of Dubuque's planning and design
loan application and the SRF Intended Use Plan along the preliminary engineering report,
submitted in support of this project under a previous agreement. They were able to
demonstrate their problem solving abilities and keen attention to detail regarding the
complexity of the project. They are familiar with many of the improvements that will be
necessary to support continued growth and development in the community and prepared to
start work immediately.
Origin Design has prepared similar work for the city including the final design, bid, and
construction management of the recently completed the 1.25 million- gallon Roosevelt
Street Water Tower project.
Both firms provided a schedule capable of meeting the submittal deadlines in 2023.
The responses from each firm enabled the committee to focus on reviewing each firm side
by side. The committee is recommending the team from Origin Design be selected for this
project due to their comprehensive and detailed understanding of the project, ability to work
and complete initial review under time of the essence conditions.
The following is a cost summary of each firm following clarification of the cost proposals.
Each of the proposals presented below reflect the modified original scope:
Proposed Project Cost —
Design Engineering Only
HDR/Origin Design
$793,000
Fehr Graham
$950,000
RECOMMENDATION
The selection committee upon review of the information provided from each firm including
an evaluation of the costs associated with the full scope of services recommends the City
enter into a contract with Origin Design.
BUDGET IMPACT
Funding for the project will be from 740-2836 Kennedy Road Water Main Extension Project
(Water Line Extensions to New Developments) and reimbursed by state revolving funds.
Description
Est. Available Funds
CIP 740-2836 Water Line Extensions to New
Developments
$925,036.85
Total Est. Funds Available
$925,036.85
3
REQUESTED ACTION
I respectfully request permission to enter into a contract for professional engineering
services with Origin Design of Dubuque, Iowa for the City -Wide Water Distribution System,
Storage, and Pumping Improvements Project 2021 $793,800.
cc: Jennifer Larson, Director of Finance & Budget
Kerry Leppert, Water Engineering Assistant
10
origin
des i g
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE
CITY OF DUBUQUE, IOWA
AND
ORIGIN DESIGN CO.
FOR
CITY-WIDE WATER DISTRIBUTION SYSTEM,
STORAGE & PUMPING IMPROVEMENTS PROJECT
CIP XXX-XXXXX
(ORIGIN DESIGN PROJECT NO. 21197)
THIS AGREEMENT is made this 2"d day of February, 2022, by and between the City of Dubuque,
Iowa, hereinafter referred to as the "Owner", and Origin Design Co., a professional corporation in
Dubuque, Iowa, hereinafter referred to as the "Engineer".
WHEREAS, the Owner desires to utilize Iowa State Revolving Loan Funds (SRF) for the design and
construction of five key improvements to the City's Pressure Zone 3 to address deficiencies in its
water distribution system. The five key improvement areas are identified as follows:
North Cascade Road and Southwest Arterial Water Main Extension: Improvements to provide a south
loop to connect the south and west portions of the existing distribution system of Pressure Zone 3 are
reflected in distribution system projects listed below. These provide for looping, secondary paths, for
water to reach the south portion of Pressure Zone 3. Currently, a single arterial main provides the
only source of water along a nearly 4.25 mile path serving developed areas in Key West and along the
Iowa State Highway 61 corridor to the Dubuque Airport.
Southwest Arterial Water Tower (2-Million Gallon): Improvements to provide storage at the south
portions of the existing distribution system of Pressure Zone 3 are reflected in the storage project
listed below. This provides increased storage capacity in Pressure Zone 3 to alleviate deficiencies for
existing and future demands not addressed by connecting Pressure Zones 2, 3, and 5 as defined by
other projects in this project scope. Additionally, the location provides a source of storage water near
developed demand areas.
Rockdale Road Water Main Extension: Improvements to hydraulically improvethe existing distribution
system of Pressure Zone 3 to the south side of the Service Area are reflected in the distribution system
project listed below. This provides increased effective pumping capacity into the south end of
Pressure Zone 3, which is currently bottlenecked, but serves as an important route to serve developed
commercial and industrial areas as well as the source of Pressure Zones 6 and 7.
Central Avenue and Olympic Heights Water Main Extensions: Improvements to hydraulically connect
Pressure Zones 2 and 3 are reflected in distribution system projects listed below. These provide
increased storage and pumping capacity into Pressure Zone 3 to alleviate deficiencies for existing
and future demands. Note that with the proposed changes, the City hydraulically connects the areas
through the Olympic Heights neighborhood, placing it on Pressure Zone 3, rather than relying on the
dead-end Pressure Zone S. Pressure Zone 5 if effectively eliminated with these improvements.
OUBUQUE OFFICE
origindesign.com
137 Main 5tree'L, Ste. 100
Dubuque, Iowa 52001 800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 2 of 18
design`
Central Avenue Booster Station: The City's existing Pressure Zone 3 has a pumping deficiency into the
pressure zone, primarily as it serves a growing internal demand and because it acts as a pass -
through to upstream Pressure Zones. The proposed Central Avenue Booster Station will provide the
additional pumping capacity required into Pressure Zone 3 to address existing demands and a
reasonable amount of future growth. The location of the booster station also allows the City to
selectively pull from the existing 12-inch main that runs up Central Avenue to prevent water aging
issues at the end of that run.
WHEREAS, the Owner desires to engage the Engineer for engineering and surveying services
required for project design including drawings, specifications and bidding and contract documents,
and assist the City through award of the project.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
SCOPE OF SERVICES
The following services are listed bythefive key improvement areas and will be provided by or under
the direct personal supervision of a Professional Engineer licensed to practice in the State of Iowa.
North Cascade Road and Southwest Arterial Water Main Extension
Preliminary Design
I. Meet with representatives of the City as necessary or desired to discuss the objectives of
the project and review available data and information.
2. Perform topographic survey of the proposed project sites area to characterize the existing
conditions, including field work and research necessary to define approximate rights -of -
way where applicable.
3. Coordinate proposed work with private and public utilities to determine their existing
locations and the impacts of the proposed project on the utilities locations.
4. Review applicable information and make design calculations, determinations, and
judgement for the proposed water main extension and connections.
S. Design and layout of the proposed water main extension and connections.
6. Prepare preliminary drawings showing the proposed water main extension and
connections.
7. Prepare a preliminary statement of Engineer's opinion of probable construction cost for
the proposed improvements upon the preliminary submittal to the City so the costs
associated with the project are identified.
8. Complete Iowa Department of Natural Resources Water Supply Section construction
permit application forms, NPDES Storm Water Discharge General Permit#2 (Iowa DNR)
forms, Erosion Control permit for Dubuque County, Dubuque County Utility
Accommodation Permit, Iowa Department of Transportation Utility Accommodation
Permit, Nationwide Joint Application, and submit to the permitting agencies with
appropriate justification and documentation for the water system improvements as soon
as the City provides concurrence with the planned improvements to expedite permit
approval.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 3 of 18
design"
9. Meet with City Representatives at the end of the Preliminary Design phase to field
questions and receive comments and suggestions.
Final Design
I. Incorporate comments and suggestions from the preliminary review meeting with the City
and prepare final drawings showing the water system improvements including the
proposed water main extension and connections.
2. Prepare technical specifications for the proposed water main extension and connections.
3. Prepare the form of contract and bidding documents, bid bond form, Improvement
contract, performance/payment/maintenance bond, special contract provisions, and
special instructions to the Contractors, using City approved forms as applicable. All
contract documents should be reviewed by the Owner's legal counsel and bythefunding
agency or grant administration organization.
4. Prepare a final statement of Engineer's opinion of the construction cost for the project
based upon the completed design. It should be noted that construction cost estimates
are no more than estimates reflecting of the Engineer's best judgment of construction
costs at the time the estimate is made and that actual construction costs based upon the
bids received will vary. The Owner should be aware that construction costs are subject to
factors such as supply and demand, inflation and availability of labor which are beyond
the control of the Engineer. The Engineer cannot, therefore, guarantee the accuracy of
estimates of construction costs.
5. Submit and provide copies as needed of the final plans, specifications, contract
documents and detailed cost estimate forthe Ownerto make final review of and for
initiating the public bidding process with the City Council.
6. Attend meeting or conferences with the Owner as necessary or desirable, and at the
project site or the office of the Owner to:
a. Coordinate and attend one (1) 95% design meeting.
b. Review and discuss project details with the Owner.
c. Review detailed drawings and specifications with the Owner.
d. Review plans, specifications, detailed cost estimate, contract and bidding documents
with the Owner and/or the Owner's attorney when project is 100% complete. Engineer
will make modifications to comply with the comments.
Bidding and Contract Award
I. Provide up to ten (10) copies of plans, specifications and contract documents for the
proposed project to the Owner.
2. Assist the Owner in obtaining construction bids by:
a. Suggesting dates and times for receipt of bids.
b. Notifying interested and qualified Contractors and bulletins of the time and date of
the receipt of bids and the general nature of the project, advertising for bids.
c. Providing copies (electronic or paper) of drawings, specifications and contract and
bidding documents to interested and qualified contractors, material suppliers, and
other interested parties. Iowa law requires the Owner to pay for copies of documents
provided to interested parties.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 4 of 18
design"
d. Answering questions from Contractors and suppliers and issuing addenda as
necessary.
e. Evaluating and determining acceptability of materials as may be proposed by
Contractors and suppliers in accordance with the Contract Documents.
f. Attending bid opening.
3. Assist the Owner in evaluating bids by:
a. Reviewing bids for completeness and accuracy.
b. Tabulating bids received.
c. Investigating qualifications of Contractors.
d. Investigating acceptability of proposed materials, suppliers and subcontractors.
4. Analyze the bids and make recommendations to the Owner for award of contract(s) within
ten (10) days after the receipt of bids, unless bid irregularities are encountered.
5. Prepare and provide copies, as required, of contract documents including notice of
award, improvements contract, performance/payment/maintenance bond for Owner and
Contractor use of execution, for each construction contract.
Southwest Arterial Water Tower (2 Million Gallon)
Preliminary Design
I. Meet with representatives of the City as necessary or desired to discuss the objectives of
the project and review available data and information.
2. Perform topographic survey of the proposed project sites area to characterize the existing
conditions, including field work and research necessary to define approximate rights -of -
way where applicable.
3. Coordinate proposed workwith private and public utilities to determine their existing
locations and the impacts of the proposed project on the utilities locations.
4. Assist the City in hiring a Geotechnical Consultant to perform a geotechnical analysis on
the proposed water tower site. Origin Design will prepare a letter requesting the desired
information and distribute to three geotechnical consultants to receive quotes. The
selected Geotechnical Consultant will contract directly with the City of Dubuque. Origin
Design will also provide staking for the selected Geotechnical Consultant in order to
perform their field soil boring analysis.
S. Coordinate with Geotechnical Consultant as necessary to complete their respective
assessments and reports.
6. Review applicable information and make design calculations, determinations, and
judgement for the proposed water tower and the associated site improvements.
7. Design and layout of the proposed water tower and the associated site improvements.
8. Prepare preliminary drawings showing the proposed water tower and the associated site
improvements.
9. Prepare a preliminary statement of Engineer's opinion of probable construction cost for
the proposed improvements upon the preliminary submittal to the City so that the costs
associated with the project are identified.
10. Complete Iowa Department of Natural Resources Water Supply Section construction
permit application forms, NPDES Storm Water Discharge General Permit #2 (Iowa DNR)
forms, Erosion Control permit for Dubuque County, Iowa Department of Transportation
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 5 of 18
design`
Utility Accommodation Permit (if applicable), City Major Site Plan Review Application and
submit to the permitting agencies with appropriate justification and documentation for
the water system improvements as soon as the City provides concurrence with the
planned improvements to expedite permit approval.
11. Meet with City Representatives at the end of the Preliminary Design phase to field
questions and receive comments and suggestions.
Final Design
I. Incorporate comments and suggestions from the preliminary review meeting with the City
and prepare final drawings showing the water system improvements including the
proposed water tower and associated site improvements.
2. Prepare technical specifications forthe proposed watertower and associated site
improvements.
3. Prepare the form of contract and bidding documents, bid bond form, agreement,
performance/payment/maintenance bond, special contract provisions, and special
instructions to the Contractors, using City approved forms as applicable. All contract
documents should be reviewed by the Owner's legal counsel and by the funding agency
or grant administration organization. This proposal has been prepared with Origin Design
producing a maximum of two (2) separate plan sets and contracts for two (2) separately
bid projects associated with this portion of the overall project.
4. Prepare a final statement of Engineer's opinion of the construction cost for the project
based upon the completed design. It should be noted that construction cost estimates
are no more than estimates reflecting of the Engineer's best judgment of construction
costs at the time the estimate is made and that actual construction costs based upon the
bids received will vary. The Owner should be aware that construction costs are subject to
factors such as supply and demand, inflation and availability of labor which are beyond
the control of the Engineer. The Engineer cannot, therefore, guarantee the accuracy of
estimates of construction costs.
5. Submit and provide copies as needed of the final plans, specifications, contract
documents and detailed cost estimate forthe Ownerto make final review of and for
initiating the public bidding process with the City Council.
6. Attend meeting or conferences with the Owner as necessary or desirable, and at the
project site or the office of the Owner to:
a. Coordinate and attend one (1) 95% design meeting.
b. Review and discuss project details with the Owner.
c. Review detailed drawings and specifications with the Owner.
d. Review plans, specifications, detailed cost estimate, contract and bidding documents
with the Owner and/or the Owner's attorney when project is 100% complete. Engineer
will make modifications to comply with the comments.
Bidding and Contract Award
I. Provide up to ten (10) copies of plans, specifications and contract documents for the
proposed project to the Owner.
2. Assist the Owner in obtaining construction bids by:
a. Suggesting dates and times for receipt of bids.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 6 of 18
design"
b. Notifying interested and qualified Contractors and bulletins of the time and date of
the receipt of bids and the general nature of the project, advertising for bids.
c. Providing copies (electronic or paper) of drawings, specifications and contract and
bidding documents to interested and qualified contractors, material suppliers, and
other interested parties. Iowa law requires the Owner to pay for copies of documents
provided to interested parties.
d. Answering questions from Contractors and suppliers and issuing addenda as
necessary.
e. Evaluating and determining acceptability of materials as may be proposed by
Contractors and suppliers in accordance with the Contract Documents.
f. Attending bid opening.
3. Assist the Owner in evaluating bids by:
a. Reviewing bids for completeness and accuracy.
b. Tabulating bids received.
c. Investigating qualifications of Contractors.
d. Investigating acceptability of proposed materials, suppliers and subcontractors.
4. Analyze the bids and make recommendations to the Owner for award of contract(s) within
ten (10) days after the receipt of bids, unless bid irregularities are encountered.
S. Prepare and provide copies, as required, of contract documents including notice of
award, improvements contract, performance/payment/maintenance bond for Owner and
Contractor use of execution, for each construction contract.
Rockdale Road Water Main Extension
Preliminary Design
I. Meet with representatives of the City as necessary or desired to discuss the objectives of
the project and review available data and information.
2. Perform topographic survey of the proposed project sites area to characterize the existing
conditions, including field work and research necessary to define approximate rights -of -
way where applicable.
3. Coordinate proposed workwith private and public utilities to determine their existing
locations and the impacts of the proposed project on the utilities locations.
4. Review applicable information and make design calculations, determinations, and
judgement for the proposed water main extension and connections.
5. Design and layout of the proposed water main extensions and connections.
6. Prepare preliminary drawings showing the proposed water main extension and
connections.
7. Prepare a preliminary statement of Engineer's opinion of probable construction cost for
the proposed improvements upon the preliminary submittal to the City so that the costs
associated with the project are identified.
8. Complete Iowa Department of Natural Resources Water Supply Section construction
permit application forms, NPDES Storm Water Discharge General Permit#2 (Iowa DNR)
forms, Nationwide Joint Application, City Major Site Plan Review Application and submit to
the permitting agencies with appropriate justification and documentation for the water
system improvements as soon as the City provides concurrence with the planned
improvements to expedite permit approval.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 7 of 18
design"
9. Meet with City Representatives at the end of the Preliminary Design phase to field
questions and receive comments and suggestions.
Final Design
I. Incorporate comments and suggestions from the preliminary review meeting with the City
and prepare final drawings showing the water system improvements including the
proposed water main extension and connections.
2. Prepare technical specifications for the proposed water main extension and connections.
3. Prepare the form of contract and bidding documents, bid bond form, agreement,
performance/payment/maintenance bond, special contract provisions, and special
instructions to the Contractors, using City approved forms as applicable. All contract
documents should be reviewed bythe Owner's legal counsel and by the funding agency
or grant administration organization.
4. Prepare a final statement of Engineer's opinion of the construction cost for the project
based upon the completed design. It should be noted that construction cost estimates
are no more than estimates reflecting of the Engineer's best judgment of construction
costs at the time the estimate is made and that actual construction costs based upon the
bids received will vary. The Owner should be aware that construction costs are subject to
factors such as supply and demand, inflation and availability of labor which are beyond
the control of the Engineer. The Engineer cannot, therefore, guarantee the accuracy of
estimates of construction costs.
5. Submit and provide copies as needed of the final plans, specifications, contract
documents and detailed cost estimate forthe Ownerto make final review of and for
initiating the public bidding process with the City Council.
6. Attend meeting or conferences with the Owner as necessary or desirable, and at the
project site or the office of the Owner to:
a. Coordinate and attend one (1) 95% design meeting.
b. Review and discuss project details with the Owner.
c. Review detailed drawings and specifications with the Owner.
d. Review plans, specifications, detailed cost estimate, contract and bidding documents
with the Owner and/or the Owner's attorney when project is 100% complete. Engineer
will make modifications to comply with the comments.
Bidding and Contract Award
I. Provide up to ten (10) copies of plans, specifications and contract documents for the
proposed project to the Owner.
2. Assist the Owner in obtaining construction bids by:
a. Suggesting dates and times for receipt of bids.
b. Notifying interested and qualified Contractors and bulletins of the time and date of
the receipt of bids and the general nature of the project, advertising for bids.
c. Providing copies (electronic or paper) of drawings, specifications and contract and
bidding documents to interested and qualified contractors, material suppliers, and
other interested parties. Iowa law requires the Owner to pay for copies of documents
provided to interested parties.
d. Answering questions from Contractors and suppliers and issuing addenda as
necessary.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 8 of 18
design`
e. Evaluating and determining acceptability of materials as may be proposed by
Contractors and suppliers in accordance with the Contract Documents.
f. Attending bid opening.
3. Assist the Owner in evaluating bids by:
a. Reviewing bids for completeness and accuracy.
b. Tabulating bids received.
c. Investigating qualifications of Contractors.
d. Investigating acceptability of proposed materials, suppliers and subcontractors.
4. Analyze the bids and make recommendations to the Owner for award of contract(s) within
ten (10) days after the receipt of bids, unless bid irregularities are encountered.
5. Prepare and provide copies, as required, of contract documents including notice of
award, improvements contract, performance, payment and maintenance bond for Owner
and Contractor use of execution, for each construction contract.
Central Avenue and Olympic Heights Water Main Extensions
Preliminary Design
I. Meet with representatives of the City as necessary or desired to discuss the objectives of
the project and review available data and information.
2. Perform topographic survey of the proposed project sites area to characterize the existing
conditions, including field work and research necessary to define approximate rights -of -
way where applicable.
3. Coordinate proposed work with private and public utilities to determine their existing
locations and the impacts of the proposed project on the utilities locations.
4. Review applicable information and make design calculations, determinations, and
judgement for the proposed water main extensions and connections.
5. Design and layout of the proposed water main extensions and connections.
6. Prepare preliminary drawings showing the proposed water main extensions and
connections.
7. Prepare a preliminary statement of Engineer's opinion of probable construction cost for
the proposed improvements upon the preliminary submittal to the City so that the costs
associated with the project are identified.
8. Complete Iowa Department of Natural Resources Water Supply Section construction
permit application forms, NPDES Storm Water Discharge General Permit#2 (Iowa DNR)
forms, Erosion Control permit for Dubuque County, Dubuque County Utility
Accommodation Permit, Iowa Department of Transportation Utility Accommodation
Permit, Nationwide Joint Application, City Major Site Plan Review Application and submit
to the permitting agencies with appropriate justification and documentation for the water
system improvements as soon as the City provides concurrence with the planned
improvements to expedite permit approval.
9. Meet with City Representatives at the end of the Preliminary Design phase to field
questions and receive comments and suggestions.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 9 of 18
design`
Final Design
I. Incorporate comments and suggestions from the preliminary review meeting with the City
and prepare final drawings showing the water system improvements including the
proposed water main extensions and connections.
2. Prepare technical specifications forthe proposed water main extensions and connections.
3. Prepare the form of contract and bidding documents, bid bond form, agreement,
performance/payment/maintenance bond, special contract provisions, and special
instructions to the Contractors, using City approved forms as applicable. All contract
documents should be reviewed by the Owner's legal counsel and by the funding agency
or grant administration organization. This proposal has been prepared with Origin Design
producing a maximum of two (2) separate plan sets and contracts for two (2) separately
bid projects associated with this portion of the overall project.
4. Prepare a final statement of Engineer's opinion of the construction cost for the project
based upon the completed design. It should be noted that construction cost estimates
are no more than estimates reflecting of the Engineer's best judgment of construction
costs at the time the estimate is made and that actual construction costs based upon the
bids received will vary. The Owner should be aware that construction costs are subject to
factors such as supply and demand, inflation and availability of labor which are beyond
the control of the Engineer. The Engineer cannot, therefore, guarantee the accuracy of
estimates of construction costs.
S. Submit and provide copies as needed of the final plans, specifications, contract
documents and detailed cost estimate forthe Ownerto make final review of and for
initiating the public bidding process with the City Council.
6. Attend meeting or conferences with the Owner as necessary or desirable, and at the
project site or the office of the Owner to:
a. Coordinate and attend one (1) 95% design meeting.
b. Review and discuss project details with the Owner.
c. Review detailed drawings and specifications with the Owner.
d. Review plans, specifications, detailed cost estimate, contract and bidding documents
with the Owner and/or the Owner's attorney when project is 100% complete. Engineer
will make modifications to comply with the comments.
Bidding and Contract Award
I. Provide up to ten (10) copies of plans, specifications and contract documents for the
proposed project to the Owner.
2. Assist the Owner in obtaining construction bids by:
a. Suggesting dates and times for receipt of bids.
b. Notifying interested and qualified Contractors and bulletins of the time and date of
the receipt of bids and the general nature of the project, advertising for bids.
c. Providing copies (electronic or paper) of drawings, specifications and contract and
bidding documents to interested and qualified contractors, material suppliers, and
other interested parties. Iowa law requires the Owner to pay for copies of documents
provided to interested parties.
d. Answering questions from Contractors and suppliers and issuing addenda as
necessary.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 10 of 18
design`
e. Evaluating and determining acceptability of materials as may be proposed by
Contractors and suppliers in accordance with the Contract Documents.
f. Attending bid opening.
3. Assist the Owner in evaluating bids by:
a. Reviewing bids for completeness and accuracy.
b. Tabulating bids received.
c. Investigating qualifications of Contractors.
d. Investigating acceptability of proposed materials, suppliers and subcontractors.
4. Analyze the bids and make recommendations to the Owner for award of contract(s) within
ten (10) days after the receipt of bids, unless bid irregularities are encountered.
5. Prepare and provide copies, as required, of contract documents including notice of
award, improvements contract, performance, payment and maintenance bond for Owner
and Contractor use of execution, for each construction contract.
Central Avenue Booster Station
Preliminary Design
I. Meet with representatives of the City as necessary or desired to discuss the objectives of
the project and review available data and information.
2. Perform topographic survey of the proposed project sites area to characterize the existing
conditions, including field work and research necessary to define approximate rights -of -
way and property lines where applicable.
3. Coordinate proposed work with private and public utilities to determine their existing
locations and the impacts of the proposed project on the utilities locations.
4. Assist the City in hiring a Geotechnical Consultant to perform a geotechnical analysis on
the proposed pumping station facility. Origin Design will prepare a letter requesting the
desired information and distribute to three geotechnical consultants to receive quotes.
The selected Geotechnical Consultant will contract directly with the City of Dubuque.
Origin Design will also provide staking for the selected Geotechnical Consultant in order to
perform their field soil boring analysis.
S. Coordinate with Geotechnical Consultant as necessary to complete their respective
assessments and reports.
6. Review applicable information and make design calculations, determinations, and
judgementforthe proposed water pumpingfacilityand associated site improvements.
7. Design and layout of the proposed water pumping facility and associated site
improvements.
8. Prepare a preliminary statement of Engineer's opinion of probable construction cost for
the proposed improvements upon the preliminary submittal to the City so that the costs
associated with the project are identified.
9. Complete Iowa Department of Natural Resources Water Supply Section construction
permit application forms, NPDES Storm Water Discharge General Permit#2 (Iowa DNR)
forms, Nationwide Joint Application, City Major Site Plan Review Application and submit to
the permitting agencies with appropriate justification and documentation for the water
system improvements as soon as the City provides concurrence with the planned
improvements to expedite permit approval.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 11 of 18
design"
10. Meet with City Representatives at the end of the Preliminary Design phase to field
questions and receive comments and suggestions.
Final Design
I. Incorporate comments and suggestions from the preliminary review meeting with the City
and prepare final drawings showing the water system improvements including the
proposed water pumping facility.
2. Prepare technical specifications for the proposed water pumping facility.
3. Prepare the form of contract and bidding documents, bid bond form, agreement,
performance and payment bonds, special contract provisions, and special instructions to
the Contractors, using City approved forms as applicable. All contract documents should
be reviewed by the Owner's legal counsel and by the funding agency or grant
administration organization.
4. Prepare a final statement of Engineer's opinion of the construction cost for the project
based upon the completed design. It should be noted that construction cost estimates
are no more than estimates reflecting of the Engineer's best judgment of construction
costs at the time the estimate is made and that actual construction costs based upon the
bids received will vary. The Owner should be aware that construction costs are subject to
factors such as supply and demand, inflation and availability of labor which are beyond
the control of the Engineer. The Engineer cannot, therefore, guarantee the accuracy of
estimates of construction costs.
5. Submit and provide copies as needed of the final plans, specifications, contract
documents and detailed cost estimate forthe Ownerto make final review of and for
initiating the public bidding process with the City Council.
6. Attend meeting or conferences with the Owner as necessary or desirable, and at the
project site or the office of the Owner to:
a. Coordinate and attend one (1) 95% design meeting.
b. Review and discuss project details with the Owner.
c. Review detailed drawings and specifications with the Owner.
d. Review plans, specifications, detailed cost estimate, contract and bidding documents
with the Owner and/or the Owner's attorney when project is 100% complete. Engineer
will make modifications to comply with the comments.
Bidding and Contract Design
I. Provide up to ten (10) copies of plans, specifications and contract documents for the
proposed project to the Owner.
2. Assist the Owner in obtaining construction bids by:
a. Suggesting dates and times for receipt of bids.
b. Notifying interested and qualified Contractors and bulletins of the time and date of
the receipt of bids and the general nature of the project, advertising for bids.
c. Providing copies (electronic or paper) of drawings, specifications and contract and
bidding documents to interested and qualified contractors, material suppliers, and
other interested parties. Iowa law requires the Owner to pay for copies of documents
provided to interested parties.
d. Answering questions from Contractors and suppliers and issuing addenda as
necessary.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 12 of 18
design`
e. Evaluating and determining acceptability of materials as may be proposed by
Contractors and suppliers in accordance with the Contract Documents.
f. Attending bid opening.
3. Assist the Owner in evaluating bids by:
a. Reviewing bids for completeness and accuracy.
b. Tabulating bids received.
c. Investigating qualifications of Contractors.
d. Investigating acceptability of proposed materials, suppliers and subcontractors.
4. Analyze the bids and make recommendations to the Owner for award of contract(s) within
ten (10) days after the receipt of bids, unless bid irregularities are encountered.
5. Prepare and provide copies, as required, of contract documents including notice of award,
improvement contract, performance/payment/maintenance bond for Owner and
Contractor use of execution, for each construction contract.
Exclusions from Professional Services
The following is a list of services we are capable of providing, but have not included in this Proposal.
We would be more than willing to perform any oral I of the services under a separate Proposal.
Services During Construction. These services during construction include construction
administration services, construction observation services, or construction survey (staking)
services.
Additional funding. Preparation of applications and supporting documents for private or
governmental assessments and impact statements; review and evaluation of the effect on the
design requirements of the project of any such statements or documents prepared by others; and
assistance in obtaining approvals of authorities having jurisdiction over the anticipated
environmental impact of the project.
Significant scope changes. Services resulting from significant changes in the general scope,
extent or character of the project or its design including, but not limited to, changes in size,
complexity, Owner's schedule, character of construction or method of financing; and revising
previously accepted studies, reports, design documents or contract documents when such
revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted
subsequent to the preparation of such studies, reports or documents, or are due to any other
causes beyond Engineer's control.
Alternate bids. Preparing documents for alternate bids as required by the Owner, unless
suggested by Engineer.
Investigations and studies. Investigations and studies involving, but not limited to, detailed
consideration of operations, maintenance and overhead expenses; providing value engineering
during the course of design; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and assistance in obtaining financing for the project.
Services resulting in out-of-town travel. Services necessitated by out-of-town travel required of
the Engineer other than visits to the project site or the offices of the Owner.
Assistance with bid protests, rebidding or renegotiating. Assistance in connection with bid
protests, rebidding or renegotiating (subsequent to any initial negotiation at the time of contract
award) contracts for construction, materials, or services.
Providing any property surveys. Providing any type of land/property surveys, research,
preparation of plats and descriptions or related services needed for the transfer of interests in real
property and acquiring easements.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 13 of 18
design"
Serve as a professional witness. Preparing to serve or serving as a consultant or witness for Owner
in any litigation, arbitration, condemnation, or other legal or administrative proceedings involving
the project.
Additional services resulting from the project involving different building trades or separate
equipment contracts.
Preparation of operating, maintenance and staffing manuals.
Resubmittal of applications and data and documents required by regulatory agencies for site
approval and permits.
Compensation
Origin Design proposes to complete the Scope of Professional Services as follows:
North Cascade Road and Southwest Arterial Water Main Extension
Preliminary Design. Compensation for Preliminary Design of North Cascade Road and Southwest
Arterial Water Main Extension shall be a lump sum of One Hundred Forty -One Thousand One
Hundred Dollars and Zero Cents ($141,100.00). Periodic invoicing shall coincide with actual work
completed.
Final Design. Compensation for Final Design of North Cascade Road and Southwest Arterial
Water Main Extension shall be a lump sum of Eighty -Six Thousand Four Hundred Dollars and Zero
Cents ($86,400.00). Periodic invoicing shall coincide with actual work completed.
Bidding and Contract Award. Compensation for Bidding and Contract Award of North Cascade
Road and Southwest Arterial Water Main Extension shall be a lump sum of Sixteen Thousand Six
Hundred Dollars and Zero Cents ($16,600.00). Periodic invoicing shall coincide with actual work
completed.
Southwest Arterial Water Tower (2-Million Gallon)
Preliminary Design. Compensation for Preliminary Design of Southwest Arterial Water Tower shall
be a lump sum of Seventy -Seven Thousand Seven Hundred Dollars and Zero Cents ($77,700.00).
Periodic invoicing shall coincide with actual work completed.
Final Design. Compensation for Final Design of Southwest Arterial Water Tower shall be a lump
sum of Fifty -Three Thousand Six Hundred Dollars and Zero Cents ($53,600.00). Periodic invoicing
shall coincide with actual work completed.
Bidding and Contract Award. Compensation for Bidding and Contract Award of Southwest
Arterial WaterTowershall be a lump sum of Eleven Thousand Four Hundred Dollars and Zero Cents
($1 1,400.00). Periodic invoicing shall coincide with actual work completed.
Rockdale Road Water Main Extension
Preliminary Design. Compensation for Preliminary Design of Rockdale Road Water Main Extension
shall be a lump sum of Fifty -Seven Thousand Two Hundred Dollars and Zero Cents ($57,200.00).
Periodic invoicing shall coincide with actual work completed.
Final Design. Compensation for Final Design of Rockdale Road Water Main Extension shall be a
lump sum of Thirty -Three Thousand Three Hundred Dollars and Zero Cents ($33,300.00). Periodic
invoicing shall coincide with actual work completed.
DUBUQUE OFFICE
137 Nain Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 14 of 18
design`
Bidding and Contract Award. Compensation for Biddingand ContractAward of Rockdale Road
Water Main Extension shall be a lump sum of Seven Thousand Eight Hundred Dollars and Zero
Cents ($7,800.00). Periodic invoicing shall coincide with actual work completed.
Central Avenue and Olympic Heights Water Main Extensions
Preliminary Design. Compensation for Preliminary Design of Central Avenue and Olympic Heights
Water Main Extensions shall be a lump sum of Seventy -Five Thousand One Hundred Dollars and
Zero Cents ($75,100.00). Periodic invoicing shall coincide with actual work completed.
Final Design. Compensation for Final Design of Central Avenue and Olympic Heights Water Main
Extensions shall be a lump sum ofThirty-FourThousand One Hundred Dollars and Zero Cents
($34,100.00). Periodic invoicing shall coincide with actual work completed.
Bidding and Contract Award. Compensation for Bidding and Contract Award of Central Avenue
and Olympic Heights Water Main Extensions shall be a lump sum of Nine Thousand Two Hundred
Dollars and Zero Cents ($9,200.00). Periodic invoicing shall coincide with actual work completed.
Central Avenue Booster Station
Preliminary Design. Compensation for Preliminary Design of Central Avenue Booster Station shall
be a lump sum of One Hundred Six Thousand Three Hundred Dollars and Zero Cents ($106,300.00).
Periodic invoicing shall coincide with actual work completed.
Final Design. Compensation for Final Design ofCentralAvenue Booster Station shall bealump
sum of Seventy -Four Thousand Nine Hundred Dollars and Zero Cents ($74,900.00). Periodic
invoicing shall coincide with actual work completed.
Bidding and Contract Award. Compensation for Bidding and Contract Award of Central Avenue
Booster Station shall be a lump sum of Nine Thousand One Hundred Dollars and Zero Cents
($9,100.00). Periodic invoicing shall coincide with actual work completed.
General Terms and Conditions
The attached General Terms and Conditions are a part ofthis Proposal. This proposal isvalid for 30
days from the date it was issued. If the services and fees defined in this proposal are acceptable,
please return one signed copyto our office. If you have any questions, or require further assistance,
pleasefeel freeto contact me at marc.ruden@origindesign.com or our office at 563 556-2464.
Thank you for the opportunity to submit this Proposal for Professional Services.
Let's work on tomorrow. Together.
Sincerely,
Origin Design Co.
Marc D. Ruden, PE
Water Resources Team Leader
DUBUQUE OFFICE
137 Nain Street, Ste. 100
Dubuque, Iowa 52001
I1 2, V4 W,;,)
Patrick R. Ready, PE
President & CEO
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin,
December 21, 2021
Page 15 of 18gn"
hereby accept this Proposal and General Terms and Conditions and authorize this work.
FOR: City of Dubuque, Iowa
02/04/2022
Auth rized Signature Date
Michael C. Van Milligen
Typed or Printed Name
OUBUQUE OFFICE
origindesign.eom
137 Main Street, Ste. 100
Dubuque, Iowa 52001 800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 16 of 18
design`
General Terms and Conditions
The following General Terms and Conditions shall apply to the attached Agreement for Professional
Services between Origin Design Co., herein referred to as the Engineer, and the Owner identified in the
attached Agreement.
General Terms and Conditions
For City of Dubuque Agreements
The Owner shall provide all criteria and full information with regard to his or her requirements for the
Project, and shall designate a person to act with authority on his or her behalf with respect to all
aspects of the Project. This shall include, but not be limited to, review and approval of design issues in
the schematic design phase, design development phase, and contract documents phase. These
approvals shall include an authorization to proceed to the next phase.
Services beyond those outlined in the proposal may be required or be required as a result of
unforeseen circumstances. The Engineer under terms mutually agreed upon by the Owner and the
Engineer may provide these services.
For the scope of services agreed upon, the Owner agrees to pay the Engineer the compensation as
stated. Invoices for the Engineer's services shall be submitted, at the Engineer's option, either upon
completion of any phase of service or on a monthly basis. Invoices shall be payable when rendered
and shall be considered past due if not paid within 30 days after the invoice date. A service charge
will be charged at the rate of 1.5% (18% true annual rate) per month or the maximum allowed by law on
the then outstanding balance of Past Due accounts. In the event any portion of an account remains
unpaid 90 days after billing, the Owner shall pay all costs of collection, including reasonable
attorney's fees.
The Engineer shall secure and maintain professional liability insurance, commercial general liability
insurance, and automobile liability insurance to protect the Engineer from claims for negligence, bodily
injury, death, or property damage which may arise out of the performance of the Engineer's services
under this Agreement, and from claims under the Worker's Compensation Acts. The Engineer shall, if
requested in writing, issue a certificate confirming such insurance to the Owner. Engineer shall at all
times during the performance of this Agreement provide insurance as required by the City of Dubuque
Insurance Schedule J with a Certificate of Insurance on file with the City.
The Owner and the Engineer each agree to indemnify and hold the other harmless, and their
respective officers, employees, agents, and representatives, from and against any and all claims,
damages, losses and expenses (including reasonable attorney's fees) to the extent such claims,
losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or
omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent
negligence of Owner and Engineer, they shall be borne by each party in proportion to its negligence.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 17 of 18
design`
Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in
the performance of its obligations results from any cause beyond its reasonable control and without
its negligence.
The Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims,
disputes, and other matters in question between them arising out of or relating to this Agreement to
mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration
Association effective as of the date of this agreement.
The City acknowledges the Engineer's plans and specifications, including all documents on electronic
media, as instruments of professional service. Nevertheless, any plans, specifications or studies
prepared underthisAgreement shall becomethe propertyofthe City upon completion ofthe services
and payment in full of all moneys due to the Engineer.
Copies of documents that may be relied upon by the Owner are limited to the printed copies (also
known as hard copies) that are signed or sealed by the Engineer. Files in electronic media format or
text, data, graphic, or of other types that are furnished by the Engineer to the Owner are only for
convenience of the Owner. Any conclusion or information obtained or derived from such electronic
files will be at the user's sole risk. When transferring documents in electronic media format, the
Engineer makes no representations as to long-term compatibility, usability, or readability of
documents resulting from the use of software application packages, operating systems, or computer
hardware differing from those used by the Engineer at the beginning of this project.
The delivery of electronic information to Contractors is for the benefit of the Owner for whom the
design services have been performed. Nothing in the transfer should be construed to provide any
right of the Contractor to rely on the information provided or that the use of the electronic information
implies the review and approval by the Design Professional of the information. Electronic information
is drawings, data, modeled data, or computational models. It is our professional opinion that this
electronic information provides design information current as of the date of its release. Any use of this
information is at the sole risk and liability of the user who is also responsible for updating the
information to reflect any changes in the design following the preparation date of this information.
Thetransferof electronic information is subjecttothe approval ofthe Design Professional. Depending
upon the type of information requested, and the format, a fee may be required for acquisition of the
data, payable to the Design Professional. Contractors are required to submit request in writingto
the Design Professional indicating the type and format of the information requested. The Design
Professional will make a reasonable effort to determine whether or not the information can be
provided as requested, and the fee for providing the information.
If this Agreement provides for any construction phase services by the Engineer, it is understood that
the Contractor, not the Engineer, its agents, employees, or sub -consultants, is responsible for the
construction of the project, and that the Engineer is not responsible for the acts or omissions of any
contractor, subcontractor, or material supplier; for safety precautions, programs, or enforcement; or
for construction means, methods, techniques, sequences, and procedures employed by the
Contractor.
OUBUQUE OFFICE
origindesign.com
137 Nain Street, Ste. 100
Dubuque, Iowa 52001 800 556-4491
Agreement for Engineering Services
City -Wide Water Distribution System, Storage & Pumping Improvements origin
December 21, 2021
Page 18 of 18
design"
When included in the Engineer's scope of services, opinions of probable construction cost are
prepared on the basis of the Engineer's experience and qualifications and represent the Engineer's
judgment as a professional generally familiar with the industry. However, since the Engineer has no
control over the cost of labor, materials, equipment, or services furnished by others; over contractor's
methods of determining prices, or over competitive bidding or market conditions, the Engineer cannot
and does not guarantee that proposals, bids, or actual construction cost will not vary from the
Engineer's opinions of probable construction cost.
The Owner and the Engineer each binds himself or herself, partners, successors, executors,
administrators, assigns, and legal representative to the other party of this Agreement and to the
partners, successors, executors, administrators, assigns, and legal representative of such other party
in respect to all covenants, agreements, and obligations of this Agreement.
Neither the Owner nor the Engineer shall assign, sublet or transfer any rights under or interest in
(including but without limitations, monies that may be due or monies that are due) this Agreement,
without the written consent of the other, except as stated in the paragraph above, and except to the
extent that the effect of this limitation may be restricted by law. Unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or discharge the assigner
from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall
prevent the Engineer from employing such independent Engineers, associates, and sub -contractors,
as he or she may deem appropriate to assist in the performance of services hereunder.
It is acknowledged by both parties that the Engineer's scope of services does not include any services
related to the presence at the site of asbestos, PCB's, petroleum, hazardous waste, or radioactive
materials. The Owner acknowledges that the Engineer is performing professional services for the
Owner and the Engineer is not and shall not be required to become an "arranger", "operator",
"generator", or "transporter" of hazardous substances, as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act of 1990 (CERCLA).
The Owner may terminate this Agreement with seven days (7) prior written notice to the Engineer for
convenience or cause. The Engineer may terminate this Agreement for cause with seven (7) days prior
written notice to the Owner. The Owner is obligated to pay for all services rendered up to the date the
Engineer receives the written notice of intent to terminate. Failure of the Owner to make payments
when due shall be cause for suspension of services or ultimately termination, unless and until the
Engineer has been paid in all full amounts due for services, expenses, and other related charges.
This Agreement supersedes all terms and conditions contained on a purchase order typically
procuring products. It is understood by both parties upon execution of this agreement that if a
purchase order is issued, it is for accountingpurposes only. Purchase orderterms and conditions are
void and are not a part of our agreement.
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.com
800 556-4491