Old Mill Road Lift Station Phase 4 Sanitary Interceptor Project - (Catfish Creek South Fork): Consulting Engineering Services Contract Execution
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Old Mill Road Lift Station Phase 4 Sanitary Interceptor Project
(Catfish Creek South Fork) [CIP #5581500052]
Consulting Engineering Services Contract Execution
DATE: September 22, 2025
City Engineer Gus Psihoyos is recommending City Council execution of the engineering
services contract with Foth Infrastructure & Environment for the design of the Old Mill
Road Lift Station Phase 4 Sanitary Interceptor Project (Catfish Creek South Fork).
On August 4, 2025, The Engineering Department requested authorization to negotiate
an engineering services contract with Foth Infrastructure & Environmental, LLC to
provide for the design of the Old Mill Road Lift Station Phase 4 Sanitary Interceptor
Project (Catfish Creek South Fork).
The Engineering Department has successfully negotiated a scope of services and fees,
with Foth Infrastructure & Environment, for engineering services that will provide for the
City’s overall project design objectives and long-term goals of the sanitary sewer
system.
The project design will be funded with revenue from a State Revolving Fund (SRF)
Planning and Design (P&D) Loan in the amount of $3,400,000 for the design of the Old
Mill Road Lift Station Phase 4 Sanitary Interceptor Project (Catfish Creek South Fork)
[CIP# 5581500052]. The specific design fee has been negotiated.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
_____________________________________
Michael C. Van Milligen
MCVM:sv
Attachment
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cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Todd Irwin, Water Resources Project Supervisor
Jenny Larson, Chief Financial Officer
Laura Bendorf, Budget Manager
Todd Irwin, Water Resources Project Supervisor
Maxwell O’Brien, Civil Engineer
Page 91 of 701
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: September 22, 2025
SUBJECT: Old Mill Road Lift Station Phase 4 Sanitary Interceptor Project
(Catfish Creek South Fork) [CIP #5581500052]
Consulting Engineering Services Contract Execution
INTRODUCTION
The purpose of this memo is to seek execution of the negotiated design contract with
Foth Infrastructure & Environmental, LLC to provide engineering services for the Old Mill
Road Lift Station Phase 4 Sanitary Interceptor Project (Catfish Creek South Fork).
BACKGROUND
The Fiscal Year 2026 proposed CIP Catfish Creek Sewershed Interceptor Sewer
Improvements – South Fork (now referred to as “Old Mill Road Lift Station Phase 4
Sanitary Interceptor Project (Catfish Creek South Fork)”) [CIP# 5581500052] budget
includes a total budget $13,927,212.00 for the project design and construction, with
revenue from State Revolving Fund Loans and Sanitary Sewer Construction Funds. The
initial project efforts in FY26 will be for the design and permitting of the project.
This project provides for systematic upgrades to the Catfish Creek Sanitary Interceptor
Sewer system which branches out along the South Fork Catfish creek. The sewer system
will be upsized from Old Mill Road along the South Fork Catfish Creek 6.9 miles to the
Dubuque Metropolitan Solid Waste Agency. The Catfish Creek Interceptor Sewer was
constructed circa 1960. Extending westward from the Water & Resource Recovery
Center, it has allowed for the development of nearly 2,500 acres over the last two decades
which includes residential subdivisions, the Dubuque Industrial Center West, and service
to the Dubuque Metro Solid Waste Agency. The existing sanitary sewer was identified as
being at or exceeding capacity. The funding request will provide for the design,
permitting, and easement acquisition for sewer upsizing along the South Fork interceptor
from Old Mill Road to North Cascade Road.
On June 6, 2025, the City advertised a Request for Qualifications (RFQ) to retain a
professional service consultant to aid the to assist with the development of the Old Mill
Road Lift Station Phase 4 Sanitary Interceptor Project (Catfish Creek South Fork).
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On August 4, 2025, The Engineering Department requested authorization to negotiate an
engineering services contract with Foth Infrastructure & Environmental, LLC to provide
for the design of the Old Mill Road Lift Station Phase 4 Sanitary Interceptor Project
(Catfish Creek South Fork).
DISCUSSION
The Engineering Department has successfully negotiated a scope of services and fees,
with Foth Infrastructure & Environment, for engineering services that will provide for the
City’s overall project design objectives and long-term goals of the sanitary sewer system.
The City has received and reviewed the attached Scope of Services from Foth
Infrastructure & Environmental, LLC Engineering. The attachments provided describe
each task series below in more detail:
• Task Series 100: Design Project Management
• Task Series 200: SRF Program Submittals & Facility Plan
• Task Series 300: Design Development / Preliminary Plans (60%)
• Task Series 400: Check Plans & Specifications (90%)
• Task Series 500: Final Design & Specifications (100%)
• Task Series 600: Project Bidding
As Authorized Services (Single Construction Project)
• Task Series 700: Construction Administration Services
• Task Series 800: Construction Observation Services
As Authorized Services (Two Construction Projects)
• Task Series 650: Project Bidding
• Task Series 750: Construction Administration Services
• Task Series 850: Construction Observation Services
RECOMMENDATION
I recommend that the execution of this contract be placed on the soonest available City
Council meeting agenda in order to support the accelerated schedule of this project.
I further recommend that the City enter into the engineering services contract with Foth
Infrastructure & Environmental, LLC for engineering services for the design of the Old Mill
Road Lift Station Phase 4 Sanitary Interceptor Project (Catfish Creek South Fork).
BUDGET IMPACT
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The project design will be funded with revenue from a State Revolving Fund (SRF)
Planning and Design (P&D) Loan in the amount of $3,400,000 for the design of the Old
Mill Road Lift Station Phase 4 Sanitary Interceptor Project (Catfish Creek South Fork)
[CIP# 5581500052]. The specific design fee has been negotiated.
The total SRF Planning and Design loan request, that was approved by Council during
the April 7, 2025 meeting, is summarized as follows:
Table 1:
Description Estimate
Administrative, Financial & Legal expenses $ 100,000
Engineering Planning & Design expenses $ 2,500,000
Land (only after Environmental Review Clears) $ 500,000
Archaeological/Environmental $ 300,000
Total Planning & Design Loan Request $ 3,400,000
The total project funding adopted in the FY26 CIP budget is summarized as follows:
Table 2:
Old Mill Road Lift Station Phase 4 Sanitary Interceptor Project (Catfish Creek South Fork)
Funding
Fund Source FY26 FY27 FY28 FY29 TOTAL
Sanitary Sewer
Construction Fund $ 47,027 $ 3,005 $ 315,410 $ 0 $ 365,442
*SRF Loan $ 702,973 $4,934,207 $7,924,590 $ 0 $13,561,770
TOTAL $ 750,000 $4,937,212 $8,240,000 $ 0 $13,927,212
*Note: The SRF Loan amount shown in the CIP budget reflects both the SRF Planning & Design
Loan already acquired in April 2025 as well as the separate SRF Construction Loan to be acquired
in the future, anticipated to be obtained during FY27.
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The estimated fee for each of the identified task series described in the attachments are
as follows:
Table 3:
Old Mill Road Lift Station Phase 4 Sanitary Interceptor Project (Catfish Creek South
Fork) Estimated Fee by Task Series and Expenditures by Fiscal Year
Task Series
Description FY26 FY27 FY28 FY29 Total Fee (Not
to Exceed)
Task Series 100: $55,987.00 $55,987 $- $- $111,974
Task Series 200: $691,885.50 $7,671.50 $19,943 $22,639 $742,139
Task Series 300: $761,495.00 $ $- $- $761,495
Task Series 400: $181,145.00 $196,269 $- $- $377,414
Task Series 500: $- $319,778 $- $- $319,778
*Task Series 600: $- $43,560 $- $- $43,560
Total Expenditures
(Not to Exceed) $1,690,512.50 $623,265.50 $19,943 $22,639 $2,356,360
The estimated fee for each of the identified “As Authorized” task series described in the
attachments are as follows:
Table 4:
Old Mill Road Lift Station Phase 4 Sanitary Interceptor Project (Catfish Creek South
Fork) “As Authorized” Estimated Fee by Task Series and Expenditures by Fiscal
Year
Task Series
Description FY26 FY27 FY28 FY29 Total Fee (Not
to Exceed)
Task Series 700: $- $96,551.25 $193,102.50 $96,551.25 $386,205
Task Series 800: $- $305,477.50 $610,955 $305,477.50 $1,221,910
Total Expenditures
(Not to Exceed) $- $402,028.75 $804,507.50 $402,028.75 $4,008,035
Costs incurred by task series 700 and 800, if authorized, will be paid for under a separate
SRF Construction Loan to be acquired in the future following the design process.
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There is a potential that the project will be split into two or more bid packages, due to
available funding or property acquisition schedule. If this occurs, the table below identifies
the additional “as Authorized” Task Orders and required funding to accommodate
professional service fees to develop one additional project bid package and construction
related services.
Table 5:
Task Orders to Accommodate Second Bid package Estimate
Task Series 650: Project Bidding $ 83,560.00
Task Series 750: Construction Administration Services $ 278,839.00
Task Series 850: Construction Observation Services $ 814,607.00
Total Planning & Design Loan Request $ 1,177,006.00
BUDGET COMMITTMENT
Due to the magnitude of anticipated costs for this project, and in an effort to keep sanitary
sewer utility rates low, the project was funded through multiple fiscal years (FY26-28).
The FY26 CIP budget was initially estimated and submitted, in late 2024, prior to the
application deadline for the SRF Planning & Design Loan (P&D Loan) on April 1, 2025.
The submitted FY26 CIP budget was used as support documentation for the P&D Loan,
which was closed in July 2025. Currently, the full amount of the P&D loan is available for
the City to utilize for the design of this project. SRF Planning & Design loans are
interest free and do not require payments or repayment of the loan amount for up
to three years. At the end of the three year period, the P&D Loan must be rolled into the
SRF construction loan for the project being designed, or be repaid to the SRF Program.
Table 1 identifies the SRF P&D Loan amount of $3,400,000, of which a portion is intended
to fund the Foth design contract Tasks 100 through 600 shown in table 3, in the amount
of $2,356,360. The remaining balance of the SRF P&D Loan will be utilized to pay for
other design related services outside of the Foth Infrastructure & Environment contract,
such as staff time and geotechnical investigations, for example.
Tables 4 and 5 identify “As Authorized” tasks, listed in the contract, that may or may not
be utilized at the City’s discretion. The “As Authorized”, tasks, if selected in the future,
would be added to the contract as a change order utilizing the listed fee for each task and
would require additional funding in the CIP budget.
BUDGET CLARIFICATION
It is important to note that the City Council has already authorized encumbering future
fiscal year budgets, for this project, (April 7, 2025 City Council meeting) by authorizing
the P&D loan application submittal and closing on the SRF P&D loan. The City Council’s
action committed the City to encumbering the future FY26 budget amount and a portion
of the future FY27 budget amount for the repayment of the P&D loan. Typically, the
repayment amount, of the P&D loan, will be included as part of the SRF construction loan
amount. Table 2 reflects the full multi year project funding to design and construct this
infrastructure project.
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While the CIP budget in table 2 identifies a specific SRF expenditure amount for each of
the three fiscal years (FY26 thru FY28), There will not be any budget expenditures
associated with the P&D loan until the construction loan is closed on and the P&D loan is
paid off. This is anticipated to occur around mid FY27, when the construction loan is
closed. With the expense for the repayment of the P&D loan not occurring until mid FY27,
the funding for FY26 will need to be carried forward, at the end of this fiscal year, into
FY27, when the actual expense of the loan repayment will occur. The combination of the
FY26 budget amount of $702,973 and a portion of the FY27 Budget amount of $4,934,207
will be utilized to pay off the balance of the SRF P&D loan with a maximum amount of
$3,400,000. The remainder of the FY27 Budget amount and the FY28 budget amount
will be utilized to support the SRF construction loan.
Engineering will be adjusting the requested CIP funding for this project through the FY27
budget request process to include all funding for construction in FY27 so that all budgeted
funding is available to support the SRF Construction loan application, and to open a
purchase order for the full amount of the construction contract. Table 2 under the Budget
Impact portion of this memo summarizes the current funding allocations per fiscal year
for this project.
ACTION TO BE TAKEN
I respectfully request execution of the engineering services contract with Foth
Infrastructure & Environment for the design of the Old Mill Road Lift Station Phase 4
Sanitary Interceptor Project (Catfish Creek South Fork).
Prepared by Todd Irwin, Water Resources Project Supervisor
cc: Jenny Larson, Chief Financial Officer
Laura Bendorf, Budget Manager
Todd Irwin, Water Resources Project Supervisor
Maxwell O’Brien, Civil Engineer
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AGREEMENT FOR SERVICES
Project Title
(the “Project”):
Old Mill Road Lift Station Phase 4 Sanitary Interceptor
(Catfish Creek South Fork) FOTH Project Number:
CLIENT Project Number:
(If applicable)
This Agreement for Services (hereinafter “Agreement”) is made and entered into this 10th day of September, 2025, by and
between FOTH INFRASTRUCTURE & ENVIRONMENT, LLC, (hereinafter “Consultant”) and City of Dubuque, Iowa, (hereinafter
“Client”), for the services described under the Scope of Services (the “Services”).
CLIENT: City of Dubuque
Address: 50 West 13th Street, Engineering Department, Dubuque, IA 52001
Phone No: 563.589.4278 Email Address: Tirwin@cityofdubuque.org
Scope of Services: Client hereby agrees to retain Consultant to perform the following Services:
Services provided under this Agreement shall be as further described in Exhibit A, Scope of Services.
Schedule: Services shall be performed according to the following schedule:
The schedule of the professional services to be performed shall conform to the Schedule set forth in Exhibit B. Any deviations
from the Schedule shall be approved by the authorized Client representative. The Client agrees that the Consultant is not
responsible for delays arising from a change in the scope of services, a change in the scale of the Project or delays resulting
from causes not directly or indirectly related to the actions of the Consultant.
Compensation: In consideration of these Services, the Client agrees to pay Consultant compensation as follows:
Lump-Sum in the amount of $ .00
Unit Cost/Time Charges (Standard Rates)
Unit Cost/Time Charges (Standard Rates) for an estimated cost of $ 2,356,360.00 (Phases 100 – 600)
Other as stated here:
Cost for each phase is further described in Exhibit C, Costs. Phases 650 – 850 will only commence as authorized by Client.
Special Conditions (if any):
Estimated cost for Phases 650-850:
Phase 650: $83,560
Phase 700: $386,205
Phase 750: $278,839
Phase 800: $1,221,910
Phase 850: $814,607
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The attached Agreement for Services Standard Terms and Conditions, along with any Exhibits, is made a part hereof and
incorporated into this Agreement.
IN WITNESS WHEREOF, this Agreement is accepted on the date last written below, subject to the terms and conditions above
stated and the provisions set forth herein.
CLIENT CONSULTANT
Signed:
Signed:
Name (printed): Name (printed): Aaron Moniza, P.E.
Title: Title: Senior Client Team Leader
Date: Date: September 10, 2025
Signed:
Name (printed): Adam Salo, P.E.
Title: Senior Project Manager
Date: September 10, 2025
Michael C. Van Milligen
City Manager
09/24/2025
Page 3 of 25 Rev. 04/24/2025
AGREEMENT FOR SERVICES
STANDARD TERMS AND CONDITIONS
1.0 Commencement of Services - The Services will commence consistent with the schedule referenced herein or as
otherwise agreed to by the parties, upon receipt of this signed Agreement. If after commencement of the Services,
the Project is delayed for any reason beyond the control of Consultant for more than sixty (60) days, the terms and
conditions contained herein are subject to revision by Consultant.
1.1 Standard of Care - The standard of care for any professional Services performed or furnished by Consultant
under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under
similar circumstances at the same time and in the same locality. Consultant makes no other warranties, express or
implied, under this Agreement or otherwise, in connection with any Services performed or furnished by Consultant.
Subject to the standard of care, Consultant and its sub-consultants may use and rely upon data, reports, design
elements and information ordinarily or customarily furnished by others, including, but not limited to Client, Client’s
other contractors or consultants, specialty contractors, manufacturers, suppliers, and the publishers of technical
standards.
Consultant shall not be required to sign any document, no matter by whom requested, that would result in the
Consultant having to certify, guarantee, or warrant the existence of conditions whose existence the Consultant cannot
ascertain.
2.0 Client Responsibilities - Client shall provide, at Client’s expense, all criteria, design, and construction standards
including full information as to Client’s requirements for the Project, including all document specifications. The
provision or production of such data or information is not included in the Services, except where explicitly referenced
in the Scope of Services. As stated in Section 1.1, Consultant shall be entitled to rely upon such data and information
in the performance of the Services and shall not be liable for any incorrect advice, judgment or decision based on any
inaccurate information furnished by Client, Client’s agents or Clients other consultants. Such data and information
shall include but not be limited to the following:
a. If not included in the Scope of Services, a complete survey of the Project site which shall include but not be
limited to easements, right-of-way, encroachments, zoning and deed restrictions, subterranean structures or
utilities, existing buildings and improvements.
b. If not included in the Scope of Services, soils data, laboratory tests, reports and inspections of samples,
materials or other items, with appropriate professional interpretations.
c. Legal counseling services necessary for the Project including legal review of the construction contract
documents.
d. Accounting, bond and financial advisory (including, if applicable, “municipal advisor” services as described
in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) and the
municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost
estimating, and insurance counseling services.
e. If not included in the Scope of Services, permits and approvals from any authorities having jurisdiction over
the Project.
2.1 Right of Entry - Client shall provide for entry for the employees, agents and subcontractors of Consultant and for
all necessary equipment.
2.2 Client Authorized Representative - Client shall designate a person authorized to act as Client’s representative.
Client or his representative shall receive and examine documents submitted by Consultant and shall be empowered
to interpret and define Client’s policies and render decisions and authorizations in writing promptly to prevent
unreasonable delay in the progress of Consultant’s Services. Client shall give prompt written notice to Consultant
whenever Client observes or otherwise becomes aware of any defect in the Project, Services or other event which
may substantially affect Consultant’s performance of Services under this Agreement.
3.0 Fees and Payment
3.1 Invoice Payment Due - Client shall compensate Consultant for Services and expenses rendered under this
Agreement. Consultant’s fee for Services will be based on Consultant’s rates currently in effect at the time the
Services are done; lump sum or other schedules as identified under the Compensation section. Rates of
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Consultant are subject to annual revision. Payment shall be due within thirty (30) days after the date of invoice
describing the Services performed and expenses incurred during the preceding invoice period.
3.2 Failure to Pay. Client agrees that timely payment is a material term of this Agreement and that failure to make
timely payment as agreed constitutes a breach hereof. In the event payment for Services rendered has not been
made within thirty (30) days from the date of invoice, Consultant may, after giving seven (7) days’ written notice to
Client and without penalty or liability of any nature, and without waiving any claim against Client, suspend all work
on all Services as set forth herein. Upon receipt of payment in full for Services rendered, plus interest charges,
Consultant will continue with Services. Payment of all compensation due Consultant pursuant to this Agreement
shall be a condition precedent to Client using any of Consultant’s work product and/or deliverables under this
Agreement.
3.3 Interest on Late Payments - In order to defray carrying charges resulting from delayed payments, simple
interest at the maximum rate allowed by law will be added to the unpaid balance of each invoice. The interest
period shall commence thirty (30) days after the date of the original invoice and shall terminate upon date of
payment. Payments will be first credited to interest and then to principal.
4.0 Insurance/Limitation of Consultant’s Liability - Consultant will maintain the following insurance coverages:
a. Worker's compensation insurance pursuant to state law.
b. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the
public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite
operations, and owned, non-owned, or hired vehicles, with $1,000,000 combined single limits.
c. Commercial general liability insurance covering claims for injuries to members of the public or damage to
property of others arising out of any covered negligent act or omission of Consultant or of any of its
employees, agents, or subcontractors, with $1,000,000 per occurrence and $2,000,000 in the aggregate.
d. Professional liability insurance, if applicable, of $1,000,000 per claim and in the aggregate.
4.1 Liability Limits - Notwithstanding any provision in this Agreement to the contrary, Client and Consultant each
agree not to assert against the other any claim, demand or suit for consequential, incidental, indirect or special
damages arising from any aspect of the performance or nonperformance of the other party or any third-party
engaged by such other party under this Agreement, and each party hereto waives any such claim, demand or suit
against the other in connection with this Agreement. Notwithstanding any language to the contrary, the total
aggregate liability of Consultant, its employees, officers, directors, shareholders, agents, or sub-consultants, to all
parties related to this agreement shall not exceed the greater of: (1) $50,000.00, or (2) the amount of Consultant’s
fee for the Services on any individual work order issued under this Agreement that gives rise to a claim.
4.2 Waiver of Subrogation - Both parties hereby waive, and shall cause their respective insurers to waive, all rights
of subrogation against the other party, their employees, officers, directors, shareholders, agents, or sub-consultants
for damages caused by risks covered by insurance, except such rights as they may have to the proceeds of the
insurance.
5.0 Indemnification - Consultant, to the fullest extent permitted by law, shall indemnify and hold harmless Client
and any of Client officers, directors, employees and agents from and against claims, losses, damages, liabilities,
including attorney’s fees and expenses, for third-party claims of bodily injury, sickness or death, and property
damage or destruction to the extent caused by the negligent acts or omissions of Consultant or Consultant’s
separate contractors or anyone for whose acts any of them may be liable, but only to the extent of the negligence.
Nothing in this Section shall obligate Consultant to indemnify any individual or entity from and against the
consequences of that individual’s or entity’s own negligence or willful misconduct. Notwithstanding the forgoing,
Consultant has no obligation to defend or pay indemnitee defense costs incurred prior to a final determination of
liability or to pay any amount that exceeds the proportionate share of Consultant’s finally determined percentage of
liability as determined by a court of competent jurisdiction.
6.0 Hazardous Materials - Client hereby understands and agrees that Consultant has not created nor contributed to
the creation or existence of any types of hazardous or toxic wastes, materials, chemical compounds, or
substances, or any other type of environmental hazard or pollution (“Hazardous Materials”), whether latent or
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patent, at Client’s premises, or in connection with or related to the Project with respect to which Consultant has
been retained to provide Services. Therefore, to the fullest extent permitted by law, except for Hazardous Materials
introduced onto the site by Consultant and not required or permitted in the performance of Consultant’s Services,
Client agrees to indemnify, and hold Consultant, its officers, directors, shareholders, employees, and Consultants,
harmless from and against any and all claims, damages, and expenses, whether direct, indirect, consequential or
otherwise, including, but not limited to, attorney fees and court costs, arising out of, or resulting from the discharge,
escape or release, of Hazardous Materials. Nothing contained within this Agreement shall be construed or
interpreted as requiring Consultant to assume the status of a generator, transporter, or owner or operator of a
treatment, storage or disposal facility, as those terms appear within the Resource Conservation and Recovery Act,
42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage,
and disposal of waste.
7.0 Design Without Construction Phase Services - Notwithstanding any provisions in this Agreement to the
contrary, if this Project involves construction and Consultant is not retained to provide construction phase services
including, but not limited to, observation, site visits, shop drawing review, and design clarifications, Client agrees
that Consultant shall be responsible only for those construction phase services expressly required in Consultants
Scope of Services. With the exception of such expressly required Services, Consultant shall have no design, shop
drawing review, or other obligations during construction, and Client assumes all responsibility for construction
phase services. Client waives all claims against the Consultant that may be connected in any way to construction
phase services except for those Services that are expressly required in Consultants Scope of Services.
8.0 Documents- Ownership of Work Product and Proprietary Information - The deliverables prepared under this
Agreement shall become the property of the Client only upon completion of the Services and payment in full of all
monies due to Consultant. In the event Client reuses or makes any modifications to the deliverables without prior
written authorization of Consultant, the Client agrees, to the fullest extent permitted by law, to indemnify and hold
Consultant, its consultants, agents, officers, directors, shareholders and employees harmless from any claim,
liability or cost (including reasonable attorneys’ fees and defense costs) arising or allegedly arising out of any
unauthorized reuse or modifications of Consultant’s Services, work product, and/or deliverables by the Client or any
person or entity that acquires or obtains the such work product and/or deliverables from or through the Client
without the written authorization of Consultant.
Notwithstanding the foregoing Consultant’s liability to Client for any computer programs, software products, or
related data furnished hereunder is limited solely to the correction of residual errors, minor maintenance, or
update(s) as agreed. CONSULTANT MAKES NO WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, or against infringement,
with respect to computer programs, software products, related data, technical information, or technical assistance
provided by Consultant under this agreement. The Consultant will take reasonable precautions to prevent the
transmission of any electronic virus, or other contamination with the exchange of electronic media, but Consultant
makes no assurances that those precautions are adequate to assure a contamination free transmission.
Consultant retains title and interest in all of its standard details, plans, specifications, methodologies, tools, and
computation documents, whether in written or electronic form, which have been incorporated into the documents
and instruments of service, but which were developed by Consultant independent of this Agreement.
9.0 Injury to Workers on Project Consultant has no responsibility for site safety or for the means and methods
employed by Client’s construction contractor(s). Client agrees that Consultant will be named as an additional
insured on construction contractor’s insurance policy for Commercial General Liability and Builders All Risk
Liability, and Client agrees to insert into all contracts for construction between Client and construction
contractor(s) arising out of these Services a provision requiring the construction contractor(s) to defend, indemnify,
and hold harmless both Client and Consultant from any and all actions arising out of the construction Project,
including, but not limited to, injury to or death of any worker on the job site, not caused by the sole negligence of
Client or Consultant,. Client will be responsible for any damages caused by Client’s failure to comply with the above
requirements.
10.0 Probable Construction Costs Opinions - Any opinion of the construction cost prepared by Consultant
represents his judgment and is supplied for the general guidance of the Client. Since Consultant has no control
over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not
guarantee that bids or actual construction costs to the Client will not vary from Consultant's opinions of probable
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cost. If the Client desires greater assurance as to construction costs, Client shall employ an independent cost
estimator.
11.0 Site Visits - Visits to the construction site and observations made by Consultant as part of Services during
construction under this Agreement shall not make Consultant responsible for the obligation to conduct,
comprehensive monitoring of the work of the contractor(s) sufficient to ensure conformance with the intent of the
construction contract documents, and shall not make Consultant responsible for, nor relieve the construction
contractor(s) of the full responsibility for, constructions means, methods, techniques, sequences, and procedures
necessary for coordinating and completing portions of the contractor(s) work under the construction contract
documents, and for all safety precautions incidental thereto. Such visits by Consultant are not to be construed as
part of the observation duties of the on-site observation personnel defined below.
12.0 On-Site Observation - When Consultant provides on-site observation personnel as part of Services during
construction under this Agreement, the on-site observation personnel will make reasonable efforts to advise Client
of observed defects and deficiencies in the work of the contractor(s), and to help determine if the provisions of the
construction contract documents are being fulfilled. Consultant shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of any construction work and Consultant's
obligations are limited to becoming generally familiar with the progress of the construction. Consultant’s
observation will not cause Consultant to be responsible for those duties and responsibilities which belong to the
construction contractor(s), including, but not limited to, full responsibility for the means, methods, techniques,
sequences, and progress of construction, and the safety precautions incidental thereto, and for performing the
construction work in accordance with the construction contract documents.
13.0 Termination or Abandonment - If any portion of the Services or Project is terminated or abandoned by Client,
the provisions of these Terms and Conditions in regard to compensation and payment shall apply insofar as
possible to that portion of the work not terminated or abandoned. If said termination occurs prior to completion of
any phase of the Project, the fee for Services performed during such phase shall be based on Consultant’s
reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to
reimburse Consultant for termination costs.
This Agreement may be terminated by either party if the other party fails to fulfill its obligations under this
Agreement through no fault of the terminating party. No such termination may be effected unless the other party is
given not less than ten calendar days written notice of intent to terminate and an opportunity for correcting the
default (plus such additional time as is reasonably necessary to correct the default, other than any payment
default) and for consultation with the terminating party before termination. Consultant shall be paid for Services
performed to the termination date including reimbursable expenses due plus termination expenses.
14.0 Jurisdiction - This Agreement shall be governed by the laws of the State of the Project.
15.0 Dispute Resolution - The parties will use good faith efforts to resolve any dispute, controversy or claim arising
out of or relating to this Agreement or the relationship between the parties (a “Dispute”) through negotiation. To
invoke the dispute resolution procedures in this section, one party must give the other party a written notice of its
intent to negotiate. The notice will include a detailed description of the Dispute and a proposed resolution. Within
five (5) business days after delivery of the notice, each party will designate a senior executive with authority to
resolve the Dispute. The designated executives will engage in discussions in an effort to resolve the Dispute. If the
designated executives do not agree on a resolution within twenty (20) days after the dispute notice has been
delivered, the parties may agree to submit the Dispute to non- binding mediation by any mutually agreed-upon
mediator, rules and location. Any mediation fees and expenses will be allocated and paid by the parties equally. If
the parties do not reach a resolution through negotiation or mediation, either party may pursue all remedies
available under this Agreement, at law or in equity in a court of competent jurisdiction. Each party hereby
irrevocably waives its rights to trial by jury in any Dispute or proceeding arising out of this agreement or the
transactions relating to its subject matter.
16.0 Waiver - Consultant’s waiver of any term, condition, or covenant or breach of any term, condition, or covenant,
shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof.
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17.0 Successors and Assigns - All of the terms, conditions, and provisions hereof shall inure to the benefit of and
be binding upon the parties hereto, and their respective successors and assigns, provided, however, that no
assignment of this Agreement shall be made without written consent of the parties to this Agreement.
18.0 Severability - If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by
any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in
full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed
herein.
19.0 Force Majeure - Neither party to this Agreement will be liable to the other party for delays in performing the
Services, or for the direct or indirect cost resulting from such delays, that may result from a Force Majeure
condition. Each party will take reasonable steps to mitigate the impact of any force majeure. If Consultant is
delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its
control and due to no fault of its own or those for whom Consultant is responsible, the Contract Time(s) for
performance as well as the Contract Price shall be reasonably extended by Change Order. By way of example,
events that will entitle Consultant to an extension of the Contract Time(s) include acts or omissions of Client or
anyone under Client’s control (including separate contractors), changes in the Work, Differing Site Conditions,
Hazardous Conditions, wars, floods, labor disputes, unusual delay in transportation, epidemics, earthquakes,
adverse weather conditions not reasonably anticipated, and other acts of God (Force Majeure Condition). For clarity
purposes, labor shortages or supply chain disruptions resultant from epidemic or pandemic events are specifically
to be considered grounds constituting a Force Majeure Condition. Labor shortages and inefficiencies, delays,
escalation, or cost impacts resulting from labor shortages or supply chain disruptions associated with such an
event shall be considered grounds for a Force Majeure Condition event and shall afford Consultant the opportunity
for schedule and cost relief associated with such an event.
20.0 Customs, Duties, Tariffs – Consultant’s prices herein do not include customs, duties, tariffs and other
importation or exportation fees. In the event that, after the date of Consultant’s proposal and related pricing:
a. any new tariffs, duties, or other import/export fees or governmental charges (“Tariffs”), or modifications of
existing Tariffs are imposed on materials or goods;
b. any changes in applicable laws impact the price and/or availability of labor, materials, or goods; or
c. any occurrence(s) of regional labor escalations or shortages (that could not be reasonably foreseen) that
result from changes to (or changes in the enforcement of) applicable laws,
that are required for the performance of this contract, Consultant shall pass through any additional costs/changes
to Client. Consultant will provide reasonable notice to Client of the imposition of such Tariffs and/or the impact of
such changes, including notice of any cost impacts at the time of levy, any schedule adjustments or impacts (price
included) to the overall project sequencing, and, if available, potential substitutions/alternatives. As its sole
remedy, Client can reject the cost/changes proposed by Consultant and terminate the associated Work Order or
scope of work. Such partial termination shall include payment to Consultant for any costs associated with rejection
of the costs/changes (including but not limited to cancellation of third-party contracts/orders). Client maintains
full responsibility, and Consultant assumes no liability, (direct or indirect) resulting from any delay in the Client
providing Client its decision(s) on acceptance and/or rejection of the offer provided to Client as communicated
from Consultant.
21.0 Entire Agreement - This Agreement, and its attachments, constitutes the entire understanding between Client
and Consultant relating to Services to be provided by Consultant and, excepting only confidentiality agreements
between the parties pertaining to the Project, supersede any prior or contemporaneous agreements, promises,
negotiations, or representations not expressly set forth herein. Subsequent modifications or amendments to this
Agreement must be in writing and signed by the parties to this Agreement. The foregoing notwithstanding, if the
Client, its officers, agents, or employees request Consultant to perform extra work or Services pursuant to this
Agreement, Client will pay for the additional Services even though an additional written Agreement is not issued or
signed. The obligations of Consultant under this Agreement shall survive in accordance with applicable State
statutes.
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Exhibit A
Scope of Services
The work to be performed by the Consultant under this agreement shall encompass and include detailed work,
services, materials, equipment and supplies necessary to complete analysis and design for the project.
The project consists of designing sanitary sewer improvements for the Old Mill Road Lift Station Phase 4 Sanitary
Interceptor Project (Catfish Creek South Fork) in Dubuque, Iowa (Project). The Consultant will complete preliminary
and final design and construction period services for sanitary sewer improvements for Phase 4 to provide service
for the future flows in the area. This scope of services is based on the following project assumptions:
• Facility Plan will be completed using information from the Phase 1 Facility Plan and other information
gathered as part of this work. The Facility Plan for Phase 4 will be submitted to the Iowa DNR in a timely
manner by December 1, 2025 so the Client can secure SRF funding.
• Design shall consist of replacing the existing gravity sewer interceptor from the connection with Phase 1
near the Old Mill Lift Station (near Old Mill Rd. and Catfish Creek) for approximately 12,000 feet to the west
and north along the South Fork Catfish Creek. Approximately 2,200 feet of the east end of the sewer will be
54” and the remaining interceptor will be 36”. The proposed interceptor will be approximately 10 feet
deeper than the existing interceptor. Sizing is based on the March 2021 Collection System Analysis by
Strand Associates.
• Foth shall provide project bidding support services.
• Foth shall provide construction administration and construction observation services.
The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted
standards of practice and shall include the services to complete the following tasks:
I. BASIC SERVICES OF THE CONSULTANT.
The Consultant shall consult on a regular basis with the Client to clarify and define the requirements for the
Project and review available data. The Client agrees to furnish to the Consultant full information with respect to
the Client’s requirements, including any special or extraordinary considerations for the Project or special
services needed, and also to make available pertinent existing data. The Consultant shall provide the following
basic services in regard to the Project:
PHASE 100 – DESIGN PROJECT MANAGEMENT
The project manager will be responsible for the development and tracking of the project plan for the project
development. This includes subtasks:
101 – Monitoring of project scope
102 – Monitoring of project schedule
103 – Risk management
104 – Staffing scheduling/coordination
105 – Sub-Consultant scheduling/coordination
106 – Project communications
107 – Coordination with other Client consultants (Terracon and HDR)
The Client is providing all geotechnical services from Terracon. The Consultant will coordinate
with the Client and Terracon to interpret field data and reports.
The Consultant will coordinate with the Client’s Phase 3 Consultant (HDR) on design decisions
applicable to both the Phase 4 and Phase 3 projects.
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108 – Coordination with Client’s Bond Counsel
109 – Project permitting (coordination, application submittals)
The Consultant will assist the Client in project clearance with governmental authorities that have
jurisdiction to approve the design of the project and participate in consultations with such
authorities, as necessary. The Consultant shall provide coordination with the following agencies:
- US Army Corps of Engineers
- Iowa Department of Natural Resources
- Dubuque County
- Rabbit Hollow Conservation
The Consultant will attend up to the following assumed meetings to assist in the coordination of
the project development activities. For budget purposes, it is assumed that the meetings will be
attended by two (2) staff members of the Consultant.
- Facility Plan: Five (5) meetings via Teams.
- Design: Five (5) meetings via Teams.
Any fees for construction permits, licenses or other costs associated with permits and approvals
shall be the responsibility of the Client. The Consultant shall provide technical criteria, written
descriptions and design data for the Client’s use in filing the applications for permits. The
Consultant shall prepare the permit applications and other documentation.
110 – Weekly project review meetings
Maintain communications with the project development team and various other designated
representatives. The project development team will include City of Dubuque, the Phase 3
Consultant and Foth. Meet to review progress and to discuss specific elements of the facility
plan and project design. The meetings will also serve to establish schedules, develop project
goals, establish initial design parameters, promote a dialog between the various entities,
improve the decision-making process, and expedite design development.
For budget purposes, the following assumed meetings will be attended by one (1) design staff
members of the Consultant for the Facility Plan and Design.
- Weekly PM touchpoint: Sixty (60) meetings via Teams
111 – Public meetings
Public Informational Meetings will be attended by the Consultant in Dubuque during the Facility
Plan and Design process. The presentations will be facilitated by Client staff with content provided
by the Consultant. The Client will provide the branding guidelines. Content may include the
following.
- Press release
- Postcards
- Project graphics
- Presentation slides
- Timeline graphic
Coordination with the Phase 3 Consultant will be required. For estimating purposes, the
following meetings are assumed that the Consultant will attend.
- Public Information Meeting 1: One (1) Consultant staff attending.
- Public Information Meeting 2: Three (3) Consultant staff attending.
- Public Information Meeting 3: Three (3) Consultant staff attending.
- SRF Public Hearing: Zero (0) meetings.
- City Council Meetings: Zero (0) meetings.
112 – Monthly progress reporting
113 – Monthly invoice processing and review
- The project duration (Facility Plan) is assumed to be four (4) months.
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- The project duration (Design) is assumed to be twelve (12) months.
PHASE 200 – SRF PROGRAM SUBMITTALS & FACILITY PLAN
The Consultant will complete the following SRF program services and submittals for Phase 4 as detailed in
the following subtasks.
201 –Work record request submittal. For estimating purposes, it is assumed the Consultant will require
40 total hours.
202 – Pre-application initiation meeting. For estimating purposes, it is assumed the Consultant will
attend the following meeting:
- DNR Meeting in Des Moines: Two (2) Consultant staff attending.
203 – IUP Application Assistance. For estimating purposes, it is assumed the Consultant will require 40
total hours.
204 – Facility Plan Development/Submittal. The Consultant will develop a Preliminary Engineering
Report for Phase 4 based on the existing Phase 1 report for submittal to the Iowa Department of
Natural Resources as part of the SRF requirements. The work to be performed by the Consultant
under report update shall consist of the following subtasks:
204.1 – Data Collection
The Consultant will collect available data and maps of the existing collection system. The sewer
maps, previous studies and available construction plans provide the basis for facilities plan and
estimation of theoretical pipe conveyance capacity.
204.2 – Service Area Identification
The Consultant will identify the sanitary sewer basins and develop an estimated wastewater
flow for the sewer service areas based on previously completed work. This task will be based on
the March 2021 Collection System Analysis by Strand Associates and recent temporary flow
metering conducted by the Client.
204.3 – Sewer System Sizing
The Consultant will complete the sewer systems sizing in accordance with the delineated
sanitary service basins and preferred functional design alignment using the current Iowa
Department of Natural Resources – Iowa Wastewater Facilities Design Standards for Sewer
Systems (Chapter 12). This task will be based on the March 2021 Collection System Analysis
by Strand Associates and recent temporary flow metering conducted by the Client.
204.4 – Preliminary Engineering Report
The Consultant will prepare a report to summarize the evaluation and recommendations for
overall sanitary sewer extension improvements. The report will document the service area
evaluation, alternative solutions and recommended solution for future improvements. The report
shall include:
- Executive Summary
- Purpose and background of study
- Scope of study and study area delineation
- Service Area Evaluation
- Discussion of Alternative Solutions (alignment, construction method, materials)
- Findings/results of assessments and evaluations
- Recommended improvements (projects)
- Conceptual diagrams of recommended improvements
- Estimated costs of improvements
- Appendices containing supporting data and information
204.5 – Design Development Exhibit Preparation
Exhibit for the design development will consist of a full-size strip plot with the major project
features shown on the aerial photograph. Includes coloring, lettering, and other techniques to
delineate the proposed design concepts and easement needs, including typical section
elements of the excavation and tunneling. The figure will indicate easement needs; property
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lines; property ownership; access control lines; structure limits; and stream restoration
improvements.
204.6 – Opinion of Probable Construction Costs
The Consultant will prepare a preliminary opinion of probable construction cost for the project.
The Opinion of Probable Construction Cost is intended for the use of the Client in capital
improvement planning and financing the Project. Conceptual cost estimates will be based on
representative major project elements and recent bid information. Detailed quantity takeoffs will
not be developed for the conceptual cost estimate.
204.7 – Project Review Meetings
Maintain communications with the project development team and various other designated
representatives. The project development team will include Client of Dubuque, the Phase 3
Consultant and Foth. Meet to review progress and to discuss specific elements of the facility
plan. The meetings will also serve to establish schedules, develop project goals, establish initial
design parameters, promote a dialog between the various entities, improve the decision-making
process, and expedite design development.
For budget purposes, the following assumed monthly meetings will be attended by four (4) staff
members of the Consultant.
- Facility Plan: Two (2) in Dubuque, Two (2) via Teams
205 – IDNR Environmental Review Communication, Coordination & Submittals. The Phase 4 study
areas will be located west of the Phase 1 Old Mill Lift Station, in areas along the South Fork
Catfish Creek. The Consultant will complete the following environmental services for portions of
Phase 4. In addition, the Consultant will complete the following stream bank stabilization and
flood plain services for portions of Phase 4. The Phase 4 stabilization areas are assumed to be
at sewer crossings of the South Fork Catfish Creek or immediately adjacent to the South Fork
Catfish Creek. Work will include the following subtasks:
205.1 – Wetland and Waters of the U.S. Delineation
The Consultant will perform a wetland and Waters of the United States (WUS) delineation of the
project area. The delineation will use mandatory technical criteria, field indicators, and other
sources of information to assess whether the project area has jurisdictional wetlands or WUS.
The classification will be performed by an experienced biologist, environmental scientist, or
engineer. If wetlands are present, the upper boundaries within the project area will be identified.
WUS will also be identified and mapped during the delineation.
The methods the Consultant will use in the delineation generally follow the Regional
Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (2010) and
the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1987). Under normal
circumstances, wetlands generally have three essential characteristics: hydrophytic vegetation,
hydric soils, and wetland hydrology.
- Assemble application information (i.e., aerial maps, soil classifications, site hydrology,
vegetation type, etc.).
- Perform on-site visit to gather data pertaining to the hydrophytic vegetation community,
surface hydrology, and hydric soil characteristics. The following items will be performed at
discrete data point locations within suspect wetland areas on-site.
o Assess each stratum of vegetation (i.e., trees, saplings/shrubs, herbs, and woody vines).
Vegetation will be classified by Genus species and dominance will be assessed.
o Classify soil types and evaluate hydric soil indicators using shallow soil probes or spade
holes.
o Observe site characteristics for wetland hydrology indicators.
- Utilize a hand-held GPS unit (sub-meter accuracy) to map the location and boundaries of
delineated wetlands and WUS. If heavy tree cover is present, a non-GPS survey may be
needed to identify wetland boundaries. Fees for standard surveying have not been included
in this proposal.
- Prepare maps showing the delineated wetland and WUS area(s).
- Submit a Wetland and Waters of the U.S. Delineation Report containing the applicable data,
wetland jurisdictional rationale, and proposed project information.
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The scope of this proposal includes one site visit to conduct a baseline delineation.
205.2 – Stream Assessment
The Consultant will perform a stream assessment based on the Fundamentals of Rosgen
Stream Classification System. Our proposed Scope of Work will be performed at each each
location where the sewer line crosses Catfish Creek (estimated 8 crossings):
- Bank Erosion Hazard Index (BEHI)
- Riffle complex survey
- Cross section analysis of Catfish Creek that flows through the center of the property.
205.3 – Permit Applications
Foth will prepare and submit a Section 404 Permit Application through the USACE’s Regulatory
Request System (RRS).
- The proposed sewer line project would likely be covered under Nationwide Permit (NWP) 58
for Utility Line Activities for Water and Other Substances. Under NWP 28, mitigation is
generally not required for temporary WUS or emergent wetland impacts if the ground surface
is restored to pre-construction elevations upon completion of the project. If forested impacts
occur, the pre-construction notification will document the quantity of forested wetland credits
that will be purchased to mitigate the proposed impacts.
- The proposed bank stabilization activities may be covered under the USACE NWP 13 or
Regional Permit 40 for Bank Stabilization and permanent access roads would be covered
under NWP 14 or Regional Permit 7. These permits allow up to 2.0 acres of wetland impact
and 2,000 feet of WUS impact.
Foth will also submit an IDNR Floodplain Permit application through the Permit and
Environmental Review Management Tool (PERMT). The application will contain applicable data
and proposed project information for the IDNR Flood Plain Section and the IDNR Sovereign
Lands Section. Fees assume that modeling data and other information pertinent to the
floodplain permit will be provided by the civil engineer consultant for the project.
205.4 – Mitigation Plan
If permanent wetland or WUS impacts are proposed for bank stabilization and/or permanent
access roads, the Consultant will prepare a Mitigation Plan for the project to address Section
404 permitting requirements. The Mitigation Plan will summarize each wetland and WUS area
that will be permanently impacted by the project based on the findings in the Delineation Report
and the proposed construction plan for the project.
The project site is located within the Driftless Mitigation Bank Service Area, which has a limited
amount to forested wetland mitigation credits and stream mitigation credits. We will contact the
bank within this service area regarding the purchase of credits for wetland and WUS impacts.
We will utilize the State of Iowa Stream Mitigation Method as a guideline for determining the
quantity of WUS credits needed for the project and wetland credits will be based on USACE
regulatory guidance.
Permittee Responsible Mitigation is not included in scope if sufficient credits aren’t available to
meet the needs of the project.
205.5 – Threatened & Endangered Species Habitat Assessment
The Consultant will perform a Threatened & Endangered (T&E) Species Habitat Assessment for
federally-listed T&E species. The assessment will include a review of the FWS Planning and
Consultation System (IPaC) database to identify federally-listed species of concern and records
of known occurrences. The anticipated species of concern include the following based on a
preliminary IPaC review:
- Indiana bat (Myotis sodalis)
- Northern long-eared Bat (Myotis septentrionalis)
- Whooping Crane (Grus americana)
- Higgins eye (pearlymussel) (Lampsilis higginsii)
- Monarch butterfly (Danaus plexippus)
- Western Regal Fritillary (Argynnis idalia occidentalis)
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- Rusty patched bumble bee (Bombus affinis)
- Eastern prairie fringed orchid (Platanthera leucophaea)
The Consultant will also contact the IDNR to request a review regarding potential impacts to
state-listed T&E species in the project area. A walking survey of the project area will be
conducted by a project biologist or environmental scientist to assess the potential for T&E
species. A report will be prepared to document the findings of the database search and field
survey.
205.6 – Phase I Cultural Resource Survey
The Consultant will retain a subcontractor to perform a limited/cursory archeological survey for
review by the State Historical Preservation Office (SHPO) during the permitting process. The
cultural resource investigation will be performed in two stages. Bear Creek Archeology (BCA)
will conduct an archival review of the entire work limits. The resulting report will detail the
previous cultural resources projects and known sites in and adjacent to the review area as well
as provide a summary of site potential within the area.
Following the establishment of the sewer alignment, the Phase I archeological survey will be
performed on a 200-foot-wide corridor centered on the alignment. The project area has
landforms with high potential to contain buried archeological sites; auger testing will be required
to conduct the Phase I survey. Several known archeological sites in and immediately adjacent
to the corridor will be examined at the Phase I level. This Phase I survey and the resulting report
will meet or exceed the current Association of Iowa Archeologists Guidelines for Archeological
Investigations in Iowa.
205.7 – Functional Bank Stabilization Development
A functional design will be completed using available mapping and data to define the bank
geometry, and investigate property and grading impacts. This task also includes the preparation
of display materials, cost estimates and hand out information for an informational/coordination
meeting. The purpose of this phase is to determine the preferred bank stabilization alternative.
For estimating purposes it is assumed that a maximum of three (3) conceptual alternatives will
be developed at twelve (12) locations.
205.8 – South Fork Catfish Creek Hydraulics (Limited)
The proposed bank stabilization falls within a FEMA detailed study area for the South Fork
Catfish Creek. Likewise, the contributing drainage area at the proposed bank stabilization
location is greater than 2.0 square miles and will require an Iowa DNR Flood Plain Permit. It is
assumed based on age of study that the channel width at these locations exceeds the width as
shown in the detailed Flood Insurance Study (FIS). It is assumed that minimal fill material may
be placed inside the existing channel to reconstruct a flatter slope to allow more stable
placement of reinforcement without increasing the published South Fork Catfish Creek flood
profiles. It is assumed that a No Rise Certification will be obtained for this project. Therefore,
hydraulic modeling to document proposed banks will be provided as part of this project to
document the No Rise certification.
205.9 – Letter of Map Revision (LOMR) – Task not Used
Should it be found that the proposed channel stabilization will result in a rise in the base flood
elevation, the consultant shall submit an amendment for additional services.
206 – CWSRF Public Hearing/Coordination. For estimating purposes, it is assumed the Consultant will
attend the following meeting:
- DNR Meeting in Des Moines: Two (2) Consultant staff attending
207 – SRF Loan Application Assistance.
208 – Preliminary plan review submittals: 60%, 90%, 100% (Bid Set).
209 – Design Conference. For estimating purposes, it is assumed the Consultant will attend the
following meeting:
- DNR Meeting in Des Moines: Two (2) Consultant staff attending
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210 – Submit Construction Permit Application. For estimating purposes, it is assumed the Consultant
will require 8 total hours.
211 – Loan Close Out Assistance – Bond Counsel. For estimating purposes, it is assumed the
Consultant will require 8 total hours.
212 – City Development Review Team. For estimating purposes, it is assumed the Consultant will
attend the following meeting:
- Meeting in Dubuque: Two (2) Consultant staff attending
213 – AIS/BABA submittal requirements.
214 – Wage Determinations and Wage Report Reviews. For estimating purposes, it is assumed the
Consultant will require 1 additional hour per week during construction (104 weeks).
215 – Change Order Submittals. For estimating purposes, it is assumed the Consultant will require 40
total hours to coordinate with SRF funding.
216 – Attend IDNR Site Inspections. For estimating purposes, it is assumed the Consultant will attend
the following meetings:
- Four (4) Meetings in Dubuque: One (1) Consultant staff attending
217 – Assist with SRF Closeout. For estimating purposes, it is assumed the Consultant will attend the
following meeting:
- Meeting in Dubuque: Two (2) Consultant staff attending
218 – Survey. The Consultant will perform field and office tasks required to collect topographic and
utility information deemed necessary to complete the project. The specific supplemental survey
tasks to be performed include the following subtasks:
218.1 – Control Survey
The Consultant will establish horizontal and vertical control for the Project area. Each
permanent control point or benchmark will have horizontal coordinates or elevation, recovery
information and monument description. Accurate descriptions of the horizontal control points
and benchmarks will be created and recorded on the plan sheets. The Client shall supply
information on any datums, benchmarks, or control points they want to see utilized in design
and plans.
All survey efforts shall be based on the established City of Dubuque Control system which is
based on “Iowa North Zone 1401, NAD83 (2011), and GEOID 18.” Vertical datum for this survey
is relative to NAVD88.
218.2 – Topographic Survey
The Consultant will perform topographic surveys required for the development of the Project.
Horizontal and vertical accuracies shall be adequate to produce a map that is compatible with
the topographic data for incorporation into the digital terrain model. The consultant shall comply
with all relevant laws and regulations when performing UAS surveys. All aircraft, equipment, and
survey personnel provided by the consultant shall be the consultant’s responsibility at all times.
- Create project control throughout the design area which will include control points of stable
quality and permanent benchmarks that will be shown on plans and will be of good enough
quality to be used by the construction staking surveyor. Control points will be set with visible
clear line of sight to the nearest control point in either direction. Benchmarks are to be
established at sufficient intervals (800’maximum).
- On-site control and benchmarks will be leveled through by the consultant and will be shown
on “G Sheets” which will be included in the construction plan set.
- UAS LiDAR
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Utilizing the Riegl VUX-120 unmanned LiDAR system, mounted on a Harris Carrier H6
drone, the Consultant will make passes along the corridor in each direction acquiring LiDAR
data and high-resolution digital imagery within the limits described below.
- Traditional Field Survey
This task includes field survey to supplement the UAS LiDAR Survey as necessary for the
project design. The task will include surveying features not included in the LiDAR Survey.
Horizontal and vertical accuracies shall be adequate to produce a map that is compatible
with the topographic data for incorporation in the digital terrain model, as necessary.
218.3 – Utility Survey
The Consultant will perform utility surveys required for the development of the project. Utilize the
Iowa One-Call Design Request System to identify utility owners of record, obtain existing utility
mapping information, and request that buried utilities be marked in the field. Field survey
marked utilities, incorporate into project base map, and document utility name and contact
information on the utility legend. Establish coordinates and elevations (if possible) for utilities
that fall within the limits of the project and are visible or have been marked on the ground by the
utility owner. Utilities will be collected according to ASCE SUE quality levels (Level B-D) and will
be shown and described on the plans.
Anticipated utilities to be surveyed include phone, gas, fiber optic, water main,
overhead/underground electrical (including power poles, pedestals, valves, and manholes),
sanitary sewer, and storm sewer. This includes establishing manhole and intake elevations for
existing sanitary sewers, storm sewers, and roadway culverts.
PHASE 300 –DESIGN DEVELOPMENT/PRELIMINARY PLANS (60%)
The Consultant will complete the preparation of check plans for the sanitary sewer improvements. The primary
focus will be on utility improvements, including development of typical trench sections, tunneling locations,
identification of related street/utility improvements, and other necessary construction elements. The preliminary
plans will also incorporate potential elements that may affect the corridor including property impacts. The plans
will show existing topographic features, utility improvements and easement requirements. The work to be
performed by the Consultant under Design Development shall consist of the following subtasks:
301 – Data Collection & Review (limited task)
The Consultant will collect available data and maps from Client files in order to gain an
understanding of the existing collection system. The sanitary sewer maps, previous studies and
available construction plans provide the basis for an initial understanding of the Client’s facilities
and estimation of theoretical pipe conveyance capacity.
In addition, discussions with Client operations staff can provide insight into problem areas and
specific field conditions that may be an indicator of an existing or pending problem situation. This
information in conjunction with other data collection and analysis will be used to jointly develop a
sanitary sewer system report with Client staff.
301.1 – City of Dubuque data, maps, GIS
301.2 – Terracon preliminary and final geotechnical data
301.3 – HDR sanitary sewer asset management program data & modeling
301.4 – Identify and review of existing public utilities
This task includes review of existing public utilities, including electric, gas, telephone and cable.
Also includes analyzing the effects of the proposed improvements will have on the existing
utilities and identifying potential public utility corridors
302 – Develop Design Criteria
The Consultant will develop project design criteria to be used in developing utility improvements.
Criteria will conform to the Statewide Urban Design Standards and City of Dubuque Standards.
The criteria to be addressed include:
- Typical utility improvement details.
- Maintenance of traffic/property access during construction, including access requirements,
allowable street closures, and other issues (i.e. emergency vehicles, property owners,
pedestrians and/or bicycles).
- Provisions for resolution of utility conflicts, including necessary relocations.
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The Consultant will distribute conceptual plans to utility companies for their review, including
Client utilities for information within the project corridor regarding transmission, distribution and
service laterals. This includes information related to existing facilities and facilities planned for
construction during the proposed improvements.
303 – Develop Trench Sections
The Consultant will develop typical trench sections for the utility improvements. This task consists
of preparation of typical trench sections, including permanent sanitary sewer easement widths,
tunnel pits and locations, and utility locations.
304 – Preparation of Preliminary Design Plans
The Consultant will prepare Preliminary design plans, which will be approximately 60 percent
complete and shall consist of the following tasks:
Plan Preparation – Title Sheet and Typical Sections (A and B Sheets)
Prepare title and typical section sheets for each of the proposed project segments.
Plan Preparation – Estimate of Quantities (C Sheets)
This task consists of a preliminary determination of the bid items to be included in the project,
along with their appropriate tabulations.
Plan Preparation - Plan and Profile (MSA Sheets)
Prepare preliminary plan and profile drawings at a scale of 1”=50’ horizontal and 1”=5’ vertical.
These drawings will show base mapping and proposed sanitary sewer alignments. Include
sanitary sewer, storm sewer, water main and other existing utility information, existing and
proposed temporary and permanent easements, and sewer profiles. These drawings will also
show existing topographic information and proposed grading utility improvements along the
project corridor.
Plan Preparation – Erosion Control and Stream Restoration (R Sheets)
This task consists of the design and drafting associated with the preliminary assembly of stream
restoration, erosion control, and seeding drawings and details.
Plan Preparation - Special Construction Details (U Sheets)
This task consists of the design and drafting associated with the preliminary assembly of
modified standards and special details.
305 – Quality Control
Involve ongoing quality control input from the Project Team and the design engineer’s senior
technical staff throughout the development of conceptual plans and documents for each project
segment. The design engineer is responsible for making specific recommendations and ensuring
that critical issues are discussed and resolved prior to submittal of the conceptual plan set to the
Project Team.
Review the conceptual engineering plan set for technical accuracy, as well as for general
constructability and conformance with the project design criteria.
306 – Project Review Meetings.
Maintain communications with the project development team and various other designated
representatives. The project development team will include City of Dubuque staff, the Phase 3
project team, and Foth. Meet to review progress and to discuss specific elements of the project
design. The meetings will also serve to establish schedules, develop project goals, establish
initial design parameters, promote a dialog between the various entities, improve the decision-
making process, and expedite design development.
For budget purposes, the following assumed monthly meetings will be attended by four (4) staff
members of the Consultant.
- Design: Four (4) meetings in Dubuque, Four (4) meetings via Teams
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307 – Coordination with other Client consultants (meetings, contract documents, unit prices, etc.)
308 – Field Exam
This task includes a Field Exam with the project development team to discuss key issues and
design concepts, including drainage, access control, traffic control/stage construction and
easements. The review will determine the completion of the plan design, identify needed
adjustments to minimize potential property impact and confirm the proposed staging plans.
Revisions will be noted for preparation of the final design. Completion of the Field Exam will allow
preparation for Final Plans.
For budget purposes, assumed meeting will be attended by four (4) staff members of the
Consultant.
309 – Client review (DRT) and IDNR progress review submittals. For estimating purposes, it is
assumed the Consultant will require 40 total hours to coordinate with SRF funding.
PHASE 400 – CHECK PLANS AND SPECIFICATIONS (90%)
Based upon approved preliminary plan design, the Consultant shall subsequently proceed with check plan
design, contract drawings, specifications for the award of a single Contract for the construction of the proposed
improvements. Comments received from the Design Development Phase plans will be implemented in the Check
Plans. The work tasks to be performed include the following subtasks:
401 – Preparation of Check Plans
The Consultant will prepare Preliminary design plans, which will be approximately 90 percent
complete and shall consist of the following tasks:
Plan Preparation - Title Sheet and Typical Sections (A and B Sheets)
Prepare title and typical section sheets for each of the proposed project segments.
Plan Preparation – Estimate of Quantities (C Sheets)
This task consists of a preliminary determination of the bid items to be included in the project,
along with their appropriate tabulations.
Plan Preparation - Plan and Profile (MSA Sheets)
Prepare preliminary plan and profile drawings at a scale of 1”=50’ horizontal and 1”=5’ vertical.
These drawings will show base mapping and proposed sanitary sewer alignments. Include
sanitary sewer, storm sewer, water main and other existing utility information, existing and
proposed temporary and permanent easements, and sewer profiles. These drawings will also
show existing topographic information and proposed grading utility improvements along the
project corridor.
Plan Preparation - Reference Ties, Bench Marks and Alignment Information (G Sheets)
Prepare preliminary plan control points and the benchmark data used to develop the plans and to
be preserved throughout construction of the project. Provide the centerline alignment tangent
and curve data.
Plan Preparation - Traffic Control, Staging and Trail Signing (J Sheets) – This item consists of
preliminary planning and drafting of the traffic control, staging, and haul road information.
Plan Preparation – Erosion Control and Stream Restoration (R Sheets)
This task consists of the design and drafting associated with the preliminary assembly of stream
restoration, erosion control, and seeding drawings and details.
Plan Preparation - Special Construction Details (U Sheets)
This task consists of the design and drafting associated with the preliminary assembly of
modified standards and special details.
Check Project Manual
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The task consists of preparation of a Check Set Project Manual utilizing the standard Client
front-end documents, including Notice of Hearing and Letting, Instruction to Bidders, Bid forms,
Bond Forms, Agreement Forms, General Conditions of Construction Contract, Supplementary
General Conditions, and Detailed Construction Specifications. The Statewide Urban Design and
Specifications (SUDAS) manuals shall be utilized for this project.
402 – Quality Control – Plan Set
Involve ongoing quality control input from the Project Team and the design engineer’s senior
technical staff throughout the development of conceptual plans and documents for each project
segment. The design engineer is responsible for making specific recommendations and ensuring
that critical issues are discussed and resolved prior to submittal of the conceptual plan set to the
Project Team.
Review the conceptual engineering plan set for technical accuracy, as well as for general
constructability and conformance with the project design criteria.
403 – Quality Control – Project Manual
404 – Project Permitting Follow-up
The Consultant will assist the Client in preparing applications for permits from governmental
authorities that have jurisdiction to approve the design of the project and participate in
consultations with such authorities, as necessary. The Consultant shall prepare the following
documents for the project:
- Iowa DNR Wastewater Construction Permit
- Notice of Publication
- Pollution Prevention Plan
Any fees for construction permits, licenses or other costs associated with permits and approvals
shall be the responsibility of the Client. The Consultant shall provide technical criteria, written
descriptions and design data for the Client’s use in filing the applications for permits. The
Consultant shall prepare the permit applications and other documentation.
PHASE 500 - FINAL DESIGN AND SPECIFICATIONS (100%)
Based upon approved check plan design, the Consultant shall subsequently proceed with final design, contract
drawings, specifications and opinion of probable construction costs for the award of a single Contract for the
construction of the proposed improvements. Comments received from the Design Development Phase plans will
be implemented in the Final Design Phase plans. The work tasks to be performed include the following:
501 – Final Construction Plans
The Consultant shall provide the Client with the following deliverables:
Final Title Sheets (A Sheets) - Finalize title sheet. The title sheets will include the Index of
Sheets, Legend, Location Map and Project Number.
Final Typical Sections and Final Details (B Sheets) - This item consists of final design and
drafting of typical cross sections and standard details to be utilized for the improvements.
Final Quantities and Final Estimate of Miscellaneous Quantities (C Sheets) - This item consists
of final bid items to be included in the Project, as well as final quantity tabulations, the
development of the general notes and estimate reference information. This item also includes
the final design and drafting of erosion control measures to be provided on the project.
Final Plan and Profiles (MSA Sheets) - This item consists of the final design and drafting of
sanitary sewer plan and profile sheets, including the detail information required for plan
approvals, permitting, and construction of the proposed improvements.
Reference Ties, Bench Marks and Alignment Information (G Sheets)
Finalize the plan control points and the benchmark data used to develop the plans and to be
preserved throughout construction of the project. Provide the centerline alignment tangent and
curve data.
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Traffic Control, Staging and Trail Signing (J Sheets) – This item consists of final design and
drafting of the traffic control, staging, and haul road information.
Final Erosion Control and Stream Restoration (R Sheets)
This task consists of the final design and drafting associated with the assembly of stream
restoration, erosion control, and seeding drawings and details.
Final Construction Details (U Sheets) - This item consists of the final design and drafting of
special project details not covered in other items. Included are such items as special grading
details, bank grading, special stabilization details, and other required miscellaneous details
found to be required for completion of the project.
Final Project Manual
The task consists of preparation of a Final Set Project Manual utilizing the standard Client front-
end documents, including Notice of Hearing and Letting, Instruction to Bidders, Bid forms, Bond
Forms, Agreement Forms, General Conditions of Construction Contract, Supplementary
General Conditions, and Detailed Construction Specifications. The Statewide Urban Design and
Specifications (SUDAS) manuals shall be utilized for this project.
502 – Quality Control – Plan Set
Involve ongoing quality control input from the Project Team and the Consultant’s senior technical
staff throughout the development of final plans. The design engineer is responsible for making
specific recommendations and ensuring that critical issues are discussed and resolved prior to
submittal of the Final Plan set.
503 – Quality Control – Project Manual
504 – Opinion of Probable Construction Cost
The Consultant shall prepare a Final Opinion of Probable Construction Cost for the project at the
time of completion of the plans and specifications. The Opinion of Probable Construction Cost is
intended for the use of the Client in financing the Project.
PHASE 600 - PROJECT BIDDING
The Consultant will coordinate and manage the letting process for the project. For estimating purposes, one (1)
letting has been included as part of this Agreement. The work tasks to be performed or coordinated by the
Consultant shall include the following:
601 – Bidding of Plans and Specifications
The Consultant will uploading contract documents and receive bids using an electronic bidding
platform such as QuestCDN. No paper copies of plans and specifications will be provided.
602 – Notice of Project
The Consultant will complete the Client’s standard notice to bidders form to be included in the
project manual and share with the Client’s Bond Counsel. Bond Counsel will develop the Notice
of public hearing and council resolutions.
603 – Plan Clarification and Addenda
The Consultant shall be available to answer questions from contractors prior to the letting and
shall issue addenda as appropriate to interpret, clarify or expend the bidding documents. Prebid
meeting shall be conducted at a time and location determined by Client.
604 – Letting, Bid Tabs, and Award Recommendation
The Consultant shall make tabulations of bid for the Owner, shall advise the Owner on the
responsiveness of the bidders and assist the Owner in making the award of contract, including
preparation of necessary contract documents.
For budget purposes, assume letting will be attended by One (1) staff member of the Consultant
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605 – Conformed Documents
The Consultant shall produce conformed plans and specifications incorporating any addenda
modifications.
PHASE 650 - PROJECT BIDDING (Project 2) – AS AUTHORIZED
If the Client elects to split this project into Two (2) bid packages, the Consultant will update the plans and
specifications, then coordinate and manage the letting process for the project. For estimating purposes, one (1)
additional letting has been included as part of this Phase of the Agreement. The work tasks to be performed or
coordinated by the Consultant shall include the following:
651 – Bidding of Plans and Specifications
The Consultant will update plans and specifications for Two (2) separate bid packages.
652 – Bidding of Plans and Specifications
The Consultant will upload contract documents and receive bids using an electronic bidding
platform such as QuestCDN. No paper copies of plans and specifications will be provided.
653 – Notice of Project
The Consultant will complete the Client’s standard notice to bidders form to be included in the
project manual and share with the Client’s Bond Counsel. Bond Counsel will develop the Notice
of public hearing and council resolutions.
654 – Plan Clarification and Addenda
The Consultant shall be available to answer questions from contractors prior to the letting and
shall issue addenda as appropriate to interpret, clarify or expand the bidding documents. Prebid
meeting shall be conducted at a time and location determined by Client.
655 – Letting, Bid Tabs, and Award Recommendation
The Consultant shall make tabulations of bid for the Owner, shall advise the Owner on the
responsiveness of the bidders and assist the Owner in making the award of contract, including
preparation of necessary contract documents.
For budget purposes, assume letting will be attended by One (1) staff member of the Consultant
656 – Conformed Documents
The Consultant shall produce conformed plans and specifications incorporating any addenda
modifications.
PHASE 700 – CONSTRUCTION ADMINISTRATION SERVICES – AS AUTHORIZED
The Consultant will provide construction support to the Client. The work tasks to be performed or coordinated
by the Consultant shall include the following.
701 – Project Management
The project manager will be responsible for the development and tracking of the project plan for
the project development. This includes task identification, staff scheduling and coordination,
project communications, monthly progress reporting and invoicing and other important elements
of the project.
- The project duration (Construction) is assumed to be twenty-five (25) months.
702 – Meetings
Attend meetings and conduct site visits. Assume construction meetings will be held monthly. For
budget purposes, the following assumed meetings will be attended by the Consultant.
- Pre-Construction Meeting: Three (3) Consultant staff attending in person
- Monthly Construction Meeting: Two (2) Consultant staff attending in person (12 meetings)
- Monthly Construction Meeting: Two (2) Consultant staff attending on Teams (12 meetings)
- Additional site visits: One (1) Consultant staff attending in person (6 meetings)
703 – Submittal Review
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Perform reviews of contractor submittals. Up to 50 submittals or resubmittals are included.
704 – RFIs, PCM, Field Orders, Change Orders
Consultant will respond to Contractor RFIs, develop PCMs, develop Field Orders, develop
Change Orders. Preparation of up to twenty (20) RFIs, PCMs, FOs or COs are included.
705 – Record Drawings
Consultant will develop record drawings based on contractor redlines.
706 – Brierley
Brierley will have tunneling expert on site during active tunneling operations to observe
Contractor 20 total days (assume 4 tunnels, 5 days each).
707 – Permitting Follow-up
The project will include interaction with several agencies. A total of 20 hours for meetings and
submittals are included for coordination with agencies.
PHASE 750 – CONSTRUCTION ADMINISTRATION SERVICES (Project 2) – AS AUTHORIZED
If the Client elects to split this project into Two (2) bid packages, the Consultant will provide construction
support to the Client for a second project. The work tasks to be performed or coordinated by the Consultant
shall include the following.
751 – Project Management
The project manager will be responsible for the development and tracking of the project plan for
the project development. This includes task identification, staff scheduling and coordination,
project communications, monthly progress reporting and invoicing and other important elements
of the project.
- The project duration (Construction) is assumed to be twenty-five (25) months.
752 – Meetings
Attend meetings and conduct site visits. Assume construction meetings will be held monthly. For
budget purposes, the following assumed meetings will be attended by the Consultant.
- Pre-Construction Meeting: Two (2) Consultant staff attending in person
- Monthly Construction Meeting: Two (2) Consultant staff attending in person (8 meetings)
- Monthly Construction Meeting: Two (2) Consultant staff attending on Teams (8 meetings)
- Additional site visits: One (1) Consultant staff attending in person (4 meetings)
753 – Submittal Review
Perform reviews of contractor submittals. Up to 33 submittals or resubmittals are included.
754 – RFIs, PCM, Field Orders, Change Orders
Consultant will respond to Contractor RFIs, develop PCMs, develop Field Orders, develop
Change Orders. Preparation of up to twenty (13) RFIs, PCMs, FOs or COs are included.
755 – Record Drawings
Consultant will develop record drawings based on contractor redlines.
756 – Brierley
Brierley will have tunneling expert on site during active tunneling operations to observe
Contractor 12 total days (assume 3 tunnels, 4 days each).
757 – Permitting Follow-up
The project will include interaction with several agencies. A total of 13 hours for meetings and
submittals are included for coordination with agencies.
PHASE 800 – CONSTRUCTION OBSERVATION SERVICES – AS AUTHORIZED
The Consultant will provide construction observation services to the Client.
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801 – Inspection and Support
The work tasks to be performed or coordinated by the Consultant shall include the following
subtasks.
801.1 – Witness pre and post construction CCTV footage
801.2 – Documentation of any unsafe construction activities
801.3 – Update drawings to reflect as-built conditions
801.4 – Observe the work for compliance with the contract requirements including
- Modifications due to Field Orders and Change Orders
- Clarifications due to RFI responses
- Use of approved shop drawings for inspecting work
801.5 – Documentation of construction activity using inspection forms and digital photographs
801.6 – Coordination of Client testing laboratory when required by specifications
801.7 – Participation in weekly progress meetings
801.8 – Review contractor pay claims for conformance with recorded quantities
- Tracking quantities paid by unit price
- Participation in substantial completion inspections
For budget purposes, it is assumed the Consultant’s construction observer will work 50 hours per
week for 104 weeks.
PHASE 850 – CONSTRUCTION OBSERVATION SERVICES (Project 2) – AS AUTHORIZED
If the Client elects to split this project into Two (2) bid packages, the Consultant will provide construction
observation services to the Client.
851 – Inspection and Support
The work tasks to be performed or coordinated by the Consultant shall include the following
subtasks.
851.1 – Witness pre and post construction CCTV footage
851.2 – Documentation of any unsafe construction activities
851.3 – Update drawings to reflect as-built conditions
851.4 – Observe the work for compliance with the contract requirements including
- Modifications due to Field Orders and Change Orders
- Clarifications due to RFI responses
- Use of approved shop drawings for inspecting work
851.5 – Documentation of construction activity using inspection forms and digital photographs
851.6 – Coordination of Client testing laboratory when required by specifications
851.7 – Participation in weekly progress meetings
851.8 – Review contractor pay claims for conformance with recorded quantities
- Tracking quantities paid by unit price
- Participation in substantial completion inspections
For budget purposes, it is assumed the Consultant’s construction observer will work 50 hours per
week for 69 weeks.
PROJECT DELIVERABLES
The scope of services shall be considered complete upon completion and delivery of the following items to the
satisfaction of the Client:
• Sanitary Sewer Design Report (State Revolving Fund Facility Plan)
• Wetland & WUS Delineation Report
• T&E Habitat Assessment
• Phase I Cultural Resource Survey
• Section 404 Permit Application
• Two (2) set of the original Final Construction Drawings (half-size 11”x17”) and final Project Manual.
• PDF files for Final Construction Drawings and Project Manual.
• Two (2) set of the original Record Drawings (half-size 11”x17”).
• AutoCAD and Civil3D design files of the Record Drawings.
• PDF files for Record Drawings.
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• Digital survey control coordinate files.
• Survey control and leveling field notes.
ADDITIONAL SERVICES:
Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the
Consultant shall furnish or obtain from others the following services:
1.) Right of Way acquisition services
2.) Easement and plat preparation
3.) Landowner meetings and negotiations
4.) Monument preservation
5.) Review property appraisals
6.) Eminent domain proceedings
7.) Mitigation plan
8.) USACE meetings or additional data collection (other than called out in scope)
9.) Floodplain permit modeling such as HEC-RAS (other than called out in scope)
10.) Design of a Permittee-Responsible wetland and/or WUS mitigation area
11.) Alternative analysis for Individual Permit
12.) NEPA Evaluation or preparation of Environmental NEPA Documentation (CE/EA/EIS)
13.) T&E species studies, such as mussel, bat acoustic, avian, insect or botanical surveys (other than called
out in scope)
14.) Tree inventory and valuation
15.) Phase II archeological investigations
16.) As-Constructed Documentation for the Section 404 Permit
17.) Contaminated soils investigations (other than called out in scope)
18.) Special geotechnical considerations other than tunneling and rock excavation
19.) Subsurface utility investigations and excavations or CCTV
20.) Storm Water Pollution Prevention monitoring
21.) Construction period testing services
22.) Fiber optic communications design connections
23.) Permit fees
24.) Letter of Map Revision submittal
CLIENT RESPONSIBILITIES:
The Client shall provide the following:
1. Provide existing utility plans and studies.
2. Provide existing street and utility plans/record drawings and utility maps for the project area.
3. Provide existing topographic base mapping, aerial photo images and other available electronic files pertinent to
the Project.
4. Provide established survey control point data.
5. Provide acquisition plats and easement staking.
6. Provide permanent monuments.
7. Provide all property owner communication.
8. Provide all geotechnical investigation, reporting, and testing services.
9. Provide the project hydraulic modeling data via consultant, HDR.
10. Complete preliminary project meeting with the Iowa DNR.
11. Provide Client front end documents for bidding documents.
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Exhibit B
Schedule
The Consultant shall complete the following phases of the Project in accordance with the schedule shown;
assuming notice to process is issued by the Client on or before September 15, 2025. If notice to proceed is given at
a later date, time of completion shall be extended accordingly.
Consultant Contract Approval September 15, 2025
SRF Facility Plan Delivered December 1, 2025
Design Development (60% set) April 2026
Design Development (90% set) August 2026
Final Bidding Documents Complete October 26, 2026
Bidding Start November 2026
Construction Start January 2, 2027
Construction End December 31, 2028
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Exhibit C
Costs
100 - Design Project Management $ 111,974.00
200 - SRF Program Submittals & Facility Plan $ 742,139.00
300 - Design Development/Preliminary Plans (60%) $ 761,495.00
400 - Check Plans & Specifications (90%) $ 377,414.00
500 - Final Design & Specifications (100%) $ 319,778.00
600 - Project Bidding $ 43,560.00
subtotal for planning & design $ 2,356,360.00
All services below (Phases 650 – 850) will only commence as authorized by Client.
700 - Construction Administration Services $ 386,205.00
800 - Construction Observation Services $ 1,221,910.00
subtotal for construction $ 1,608,115.00
650 - Project Bidding (Project 2) $ 83,560.00
750 - Construction Administration Services (Project 2) $ 278,839.00
850 - Construction Observation Services (Project 2) $ 814,607.00
ESTIMATED subtotal for additional cost of 2 projects $ 1,177,006.00
TOTAL $ 5,141,481.00
Page 122 of 701
Prepared by Gus Psihovos City of Dubuque Engineering 50 W. 13M St. Dubuque IA 52001 (563) 589-4270
Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 131' St. Dubuque, IA 52001 (563) 589-4100
RESOLUTION NO. 310 - 25
RESOLUTION EXECUTING PROFESSIONAL DESIGN SERVICES CONSULTANT
CONTRACT WITH FOTH INFRASTRUCTURE & ENVIRONMENTAL, LLC TO
COMPLETE THE OLD MILL ROAD LIFT STATION PHASE 4 SANITARY
INTERCEPTOR PROJECT (CATFISH CREEK SOUTH FORK)
WHEREAS, the City in collaboration with Foth Infrastructure & Environmental,
LLC, developed a consultant scope of work and a negotiated fee for design services in
the amount of $2,356,360 for Professional Consultant Services to complete the Old Mill
Road Lift Station Phase 4 Sanitary Interceptor Project (Catfish Creek South Fork) project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, THAT:
SECTION 1. The City Manager is authorized and directed to execute the
Professional Design Services Consultant Contract with Foth Infrastructure &
Environmental, LLC.
Passed, approved, and adopted this 23rd day of September 2025.
Attest:
Adrienne N. Breitfelder, dity Clerk
Brad M. Cpygaii6h, Mayor