Drainage Basin Master Plant Update
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Drainage Basin Master Plan Update, Engineering Services
DATE: September 20, 2012
In 2001, HDR Engineering, Inc. prepared a Drainage Basin Master Plan for the City of
Dubuque, Iowa. The master plan evaluated flood mitigation strategies for the Bee
Branch watershed and the North Fork Catfish Creek watershed. The Drainage Basin
Master Plan identified and recommended various projects to address the recurring
flooding and property damage that first manifested in 1999. To date, all of the
improvements outlined in the Drainage Basin Master Plan have been constructed or are
currently being designed for construction in the near future.
Since 2001, the City has identified and even initiated other stormwater management
undertakings not originally identified in the Drainage Basin Master Plan. In addition, the
Drainage Basin Master Plan only considered the two watersheds: Bee Branch and the
North Fork Catfish Creek. While just less than half of Dubuque residents reside in these
two watersheds, they only encompass one third of the City by area. Therefore,
updating the Drainage Basin Master Plan to include additional undertakings and other
areas of the City is appropriate at this time.
City Engineer Gus Psihoyos recommends City Council approval to enter into a
professional services agreement with HDR Engineering to update the Drainage Basin
Master Plan to include current and planned undertakings at an estimated not-to-exceed
cost of $44,978.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/1711d144 Ift44/
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
2
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Mana
FROM: Gus Psihoyos, City Engineer
DATE: September 19, 2012
SUBJECT: Drainage Basin Master Plan Update, Engineering Services
INTRODUCTION
The purpose of this memorandum is to seek authorization to enter into a professional
services agreement in order to update the 2001 Drainage Basin master Plan.
Dubuque
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AI -Amato City
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2012
BACKGROUND
In 2001, HDR Engineering, Inc. (HDR) prepared a Drainage Basin Master Plan (DBMP)
for the City of Dubuque, Iowa. The master plan evaluated flood mitigation strategies for
the Bee Branch watershed and the North Fork Catfish Creek watershed. The DBMP
identified and recommended various projects to address the recurring flooding and
property damage that first manifested in 1999. To date, all of the improvements outlined
in the DBMP have been constructed or are currently being design for construction in the
near future.
DISCUSSION
Since 2001, the City has identified and even initiated other stormwater management
undertakings not originally identified in the DBMP. In addition, the DBMP only
considered the two watersheds: Bee Branch and the North Fork Catfish Creek. While
just less than half of Dubuque residents reside in these two watersheds, they only
encompass one third of the City by area. Therefore, updating the DBMP to include
additional undertakings and other areas of the City is appropriate at this time.
As mentioned, HDR authored the 2001 DBMP. Appropriately, they have been asked to
assist with updating the plan.
Depending on the timing, there may be two updates. The first update would incorporate
both currently planned stormwater management endeavors and those initiated since
2001. Incorporating current activities into the DBMP will better define each activity and
outline how it fits into the overall plan. This will strengthen the justification for each
undertaking and make it more competitive in terms of securing grant funding. A second
update might follow that would look to identify additional improvements, policies, etc.
that the City might pursue and implement in the next ten years.
Based on discussions with City staff, a scope of work has been identified and a
professional services agreement drafted. The attached professional services agreement
reflects the edits requested by both the Engineering and Legal Departments.
The estimated not -to- exceed cost to update the DBMP to include current and planned
undertakings is $44,978.00.
RECOMMENDATION
I recommend hiring HDR Engineering to provide engineering services as required to
update the Drainage Basin Master Plan.
BUDGET IMPACT
While the Ice Harbor /Maus Park Auxiliary Pump Station Study is still an important study,
initiating the study has been delayed pending the outcome of ongoing discussions with
the US Army Corp of Engineers (USACE) as it relates to the floodwall /levee system.
There is the potential that the USACE might provide preliminary analysis regarding the
auxiliary pump station that would allow the City's funding to go farther towards
designing improvements. Therefore, I recommend using the funds from the $50,000
Fiscal Year 2013 appropriation for the Ice Harbor /Maus Park Auxiliary Pump Station
Study (CIP #7202240) to fund the update to the Drainage Basin Master Plan. Re-
establishing funding for the Ice Harbor /Maus Park Auxiliary Pump Station Study will be
recommended as part of the FY14 -18 CIP Budget.
REQUESTED ACTION
I respectfully request that the City Council authorize the City Manager to enter into a
professional services agreement with HDR Engineering to update the Drainage Basin
Master Plan.
Attach.
Prepared by Deron Muehring
Cc: Barry Lindahl, City Attorney
Jenny Larson, Budget Director
Deron Muehring, Civil Engineer
Don Vogt, Operations and Maintenance Manager
John Klosterman, Street Maintenance Supervisor
2
MULTIPLE TASK ORDER AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made as of this 1st day of October
2012, between the City of Dubuque, Iowa (City), hereinafter referred to as "OWNER ",
and HDR Engineering, Inc., hereinafter referred to as "ENGINEER," for engineering
services as described in this Agreement.
WHEREAS, OWNER desires to retain ENGINEER, a professional engineering
firm, to provide professional engineering, consulting and related services ( "Services ") on
one or more projects in which the OWNER is involved; and
WHEREAS, ENGINEER desires to provide such services on such projects as
may be agreed, from time to time, by the parties;
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties agree as follows:
SECTION I. PROJECT TASK ORDER
1.1
This Agreement shall apply to as many projects as OWNER and ENGINEER
agree will be performed under the terms and conditions of this Agreement. Each
project ENGINEER performs for OWNER hereunder shall be designated by a
"Task Order." A sample Task Order is attached to this Agreement and marked as
Exhibit "A ". No Task Order shall be binding or enforceable unless and until it
has been properly executed by both OWNER and ENGINEER. Each properly
executed Task Order shall become a separate supplemental agreement to this
Agreement.
1.2 In resolving potential conflicts between this Agreement and the Task Order
pertaining to a specific project, the terms of the Task Order shall control.
1.3 ENGINEER will provide the Scope of Services as set forth in Part 2 of each Task
Order.
SECTION II. RESPONSIBILITIES OF OWNER
In addition to the responsibilities described in paragraph 6 of the attached "HDR
Engineering, Inc. Terms and Conditions," OWNER shall have the responsibilities
described in Part 3 of each Task Order.
City of Dubuque, Iowa 1 July 2012
HDR Multiple Project Agreement, Ver. 7/2000
SECTION III. COMPENSATION
Compensation for ENGINEER's Services shall be in accordance with Part 5 of each Task
Order, and in accordance with paragraph 11 of the attached "HDR Engineering, Inc.
Terms and Conditions ".
SECTION IV. TERMS AND CONDITIONS OF ENGINEERING SERVICES
The "HDR Engineering, Inc. Terms and Conditions," which are attached hereto, are
incorporated into this Agreement by this reference.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
CITY OF DUBUQUE, I(JWA
"OWNER"
BY:
NAME: Roy D. Buol
TITLE: Mayor
ADDRESS: 50 w. 13th St.
Dubuque, IA 52001
HDR ENGINEERING, INC.
"ENGINEER"
BY: \V A...,.;--4 4-
NAME: Timothy R. Crockett
TITLE: Senior Vice President
ADDRESS: 8404 Indian Hills Drive
Omaha, NE 68114
City of Dubuque, Iowa 2 July 2012
HDR Multiple Project Agreement, Ver. 7/2000
EXHIBIT A
TASK ORDER
, This Task Order pertains to an Agreement by and between the City of Dubuque, Iowa,
( "OWNER "), and HDR Engineering, Inc. ( "ENGINEER "), dated 10/1 / 12
2012, ( "the Agreement "). Engineer shall perform services on the project described below
as provided herein and in the Agreement. This Task Order shall not be binding until it
has been properly signed by both parties. Upon execution, this Task Order shall
supplement the Agreement as it pertains to the project described below.
TASK ORDER NUMBER: PROJECT NAME:
PART 1.0 PROJECT DESCRIPTION:
PART 2.0 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER ON THE
PROJECT:
PART 3.0 OWNER'S RESPONSIBILITIES:
PART 4.0 PERIODS OF SERVICE:
PART 5.0 PAYMENTS TO ENGINEER:
PART 6.0 OTHER:
This Task Order is executed this 1 s t
day of October , 20 12,
CITY OF DUBUQUE, IOWA HDR ENGINEERING, INC.
"ENGINEER"
BY:
Roy D. Buol NAME:
Mayor TITLE:_
"OWNER"
BY:
NAME:
TITLE:
ADDRESS:
50 W. 13th St. ADDRESS:
8404 Indian Hills Drive
Dubuque, IA 52001 Omaha, NE 68114
City of Dubuque, Iowa Exhibit A -1 July 2012
HDR Multiple Project Agreement, Ver. 7/2000
PAGE LEFT INTENTIONALLY BLANK
HDR Engineering, Inc.
Terms and Conditions for Professional Services
1. STANDARD OF PERFORMANCE
The standard of care for all professional engineering, consulting and
related services performed or furnished by ENGINEER and its
employees under this Agreement will be the care and skill ordinarily
used by members of ENGINEER's profession practicing under the
same or similar circumstances at the same time and in the same
locality. ENGINEER makes no warranties, express or implied, under
this Agreement or otherwise, in connection with ENGINEER's
services.
2. INSURANCE /INDEMNITY
ENGINEER agrees to obtain and maintain at all times when services
are being performed under this Agreement insurance as required by
the attached Insurance Schedule as such schedule may from time to
time be amended by OWNER. To the fullest extent permitted by law
the ENGINEER shall indemnify and hold harmless the OWNER from
and against all claims, damages, losses and expenses, including but
limited to attorneys' fees, arising out of or resulting from performance of
the Agreement, provided that such claim, damages, loss or expense is
attributable to bodily iniurv, sickness, disease or death, or injury to or
destruction of property, including loss of use resulting therefrom, but
only to the extent caused in whole or in part by negligent acts or
omissions of the ENGINEER, the ENGINEER's subcontractor, or
anyone directly or indirectly employed by the ENGINEER or the
ENGINEER's subcontractor or anyone for whose acts the ENGINEER
or the ENGINEER's subcontractor may be liable, regardless of whether
or not such claim, damage, loss or expense is caused in part by a party
indemnified hereunder.
3. OPINIONS OF PROBABLE COST (COST ESTIMATES)
Any opinions of probable project cost or probable construction cost
provided by ENGINEER are made on the basis of information available
to ENGINEER and on the basis of ENGINEER'S experience and
qualifications, and represents its judgment as an experienced and
qualified professional engineer. However, since ENGINEER has no
control over the cost of labor, materials, equipment or services
furnished by others, or over the contractor(s') methods of determining
prices, or over competitive bidding or market conditions, ENGINEER
does not guarantee that proposals, bids or actual project or
construction cost will not vary from opinions of probable cost
ENGINEER prepares.
4. CONSTRUCTION PROCEDURES
ENGINEER's observation or monitoring portions of the work performed
under construction contracts shall not relieve the contractor from its
responsibility for performing work in accordance with applicable
contract documents. ENGINEER shall not control or have charge of,
and shall not be responsible for, construction means, methods,
techniques, sequences, procedures of construction, health or safety
programs or precautions connected with the work and shall not
manage, supervise, control or have charge of construction.
ENGINEER shall not be responsible for the acts or omissions of the
contractor or other parties on the project. ENGINEER shall be entitled
to review all construction contract documents and to require that no
provisions extend the duties or liabilities of ENGINEER beyond those
1
set forth in this Agreement. OWNER agrees to include ENGINEER as
an indemnified party in OWNER's construction contracts for the work,
which shall protect ENGINEER to the same degree as OWNER.
Further, OWNER agrees that ENGINEER shall be listed as an
additional insured under the construction contractor's liability insurance
policies.
5. CONTROLLING LAW
This Agreement is to be govemed by the law of the state of Iowa where
6. SERVICES AND INFORMATION
OWNER will provide all criteria and information pertaining to OWNER's
requirements for the project, including design objectives and
constraints, space, capacity and performance requirements, flexibility
and expandability, and any budgetary limitations. OWNER will also
provide copies of any OWNER - furnished Standard Details, Standard
Specifications, or Standard Bidding Documents which are to be
incorporated into the project.
OWNER will fumish the services of soils /geotechnical engineers or
other consultants that include reports and appropriate professional
recommendations when such services are deemed necessary by
ENGINEER. The OWNER agrees to bear full responsibility for the
technical accuracy and content of OWNER - furnished documents and
services.
In performing professional engineering and related services hereunder,
it is understood by OWNER that ENGINEER is not engaged in
rendering any type of legal, insurance or accounting services, opinions
or advice. Further, it is the OWNER's sole responsibility to obtain the
advice of an attorney, insurance counselor or accountant to protect the
OWNER's legal and financial interests. To that end, the OWNER
agrees that OWNER or the OWNER's representative will examine all
studies, reports, sketches, drawings, specifications, proposals and
other documents, opinions or advice prepared or provided by
ENGINEER, and will obtain the advice of an attorney, insurance
counselor or other consultant as the OWNER deems necessary to
protect the OWNER's interests before OWNER takes action or
forebears to take action based upon or relying upon the services
provided by ENGINEER.
7. SUCCESSORS AND ASSIGNS
OWNER and ENGINEER, respectively, bind themselves, their
partners, successors, assigns, and legal representatives to the
covenants of this Agreement. Neither OWNER nor ENGINEER will
assign, sublet, or transfer any interest in this Agreement or claims
arising therefrom without the written consent of the other.
8. RE -USE OF DOCUMENTS
All documents, including all reports, drawings, specifications, computer
software or other items prepared or furnished by ENGINEER pursuant
to this Agreement, are instruments of service with respect to the
project. ENGINEER retains ownership of all such documents.
OWNER may retain copies of the documents for its information and
reference in connection with the project; however, none of the
documents are intended or represented to be suitable for reuse by
OWNER or others on extensions of the project or on any other project.
Any reuse without written verification or adaptation by ENGINEER for
the specific purpose intended will be at OWNER's sole risk and without
liability or legal exposure to ENGINEER, and OWNER will defend,
indemnify and hold harmless ENGINEER from all claims, damages,
losses and expenses, including attorneys fees, arising or resulting
therefrom. Any such verification or adaptation will entitle ENGINEER to
further compensation at rates to be agreed upon by OWNER and
ENGINEER.
9. TERMINATION OF AGREEMENT
OWNER or ENGINEER may terminate the Agreement, in whole or in
part, by giving seven (7) days written notice, if the other party
substantially fails to fulfill its obligations under the Agreement through
(2/2011)
no fault of the terminating party. OWNER may terminate this
Agreement for any reason, with or without cause, by giving thirty (30)
days written notice to ENGINEER. Where the method of payment is
lump sum," or cost reimbursement, the final invoice will include all
services and expenses associated with the project up to the effective
date of termination. An equitable adjustment shall also be made to
provide for termination settlement costs ENGINEER incurs as a result
of commitments that had become firm before termination, and for a
reasonable profit for services performed.
10. SEVERABILITY
If any provision of this agreement is held invalid or unenforceable, the
remaining provisions shall be valid and binding upon the parties. One
or more waivers by either party of any provision, term or condition shall
not be construed by the other party as a waiver of any subsequent
breach of the same provision, term or condition.
11. INVOICES
ENGINEER will submit monthly invoices for services rendered and
OWNER will make prompt payments in response to ENGINEER's
invoices.
ENGINEER will retain receipts for reimbursable expenses in general
accordance with Internal Revenue Service rules pertaining to the
support of expenditures for income tax purposes. Receipts will be
available for inspection by OWNER's auditors upon request.
If OWNER disputes any items in ENGINEER's invoice for any reason,
including the lack of supporting documentation, OWNER may
temporarily delete the disputed item and pay the remaining amount of
the invoice. OWNER will promptly notify ENGINEER of the dispute
and request clarification and /or correction. After any dispute has been
settled, ENGINEER will include the disputed item on a subsequent,
regularly scheduled invoice, or on a special invoice for the disputed
item only.
OWNER recognizes that late payment of invoices results in extra
expenses for ENGINEER. ENGINEER retains the right to assess
OWNER interest at the rate of one percent (1 %) per month, but not to
exceed the maximum rate allowed by law, on invoices which are not
paid within thirty (30) days from the date of the invoice. In the event
undisputed portions of ENGINEER's invoices are not paid when due,
ENGINEER also reserves the right, after seven (7) days prior written
notice, to suspend the performance of its services under this
Agreement until all past due amounts have been paid in full.
12. CHANGES
The parties agree that no change or modification to this Agreement, or
any attachments hereto, shall have any force or effect unless the
change is reduced to writing, dated, and made part of this Agreement.
The execution of the change shall be authorized and signed in the
same manner as this Agreement. Adjustments in the period of
services and in compensation shall be in accordance with applicable
paragraphs and sections of this Agreement. Any proposed fees by
ENGINEER are estimates to perform the services required to
complete the project as ENGINEER understands it to be defined. For
those projects involving conceptual or process development services,
activities often are not fully definable in the initial planning. In any
event, as the project progresses, the facts developed may dictate a
change in the services to be performed, which may alter the scope.
ENGINEER will inform OWNER of such situations so that changes in
scope and adjustments to the time of performance and compensation
can be made as required. If such change, additional services, or
suspension of services results in an increase or decrease in the cost
of or time required for performance of the services, an equitable
adjustment shall be made, and the Agreement modified accordingly.
13. CONTROLLING AGREEMENT
These Terms and Conditions shall take precedence over any
inconsistent or contradictory provisions contained in any proposal,
contract, purchase order, requisition, notice - to-proceed, or like
document.
14. EQUAL EMPLOYMENT AND NONDISCRIMINATION
In connection with the services under this Agreement, ENGINEER
agrees to complywith the applicable provisions of federal and state
Terms & Conditions for Professional Services 2
Equal Employment Opportunity for individuals based on color,
religion, sex, or national origin, or disabled veteran, recently
separated veteran, other protected veteran and armed forces service
medal veteran status, disabilities under provisions of executive order
11246, and other employment, statutes and regulations, as stated in
Title 41 Part 60 of the Code of Federal Regulations § 60-1.4 (a -f), §
60 -300.5 (a -e), § 60-741 (a -e).
15. HAZARDOUS MATERIALS
OWNER represents to ENGINEER that, to the best of its
knowledge, no hazardous materials are present at the project site.
However, in the event hazardous materials are known to be present,
OWNER represents that to the best of its knowledge it has
disclosed to ENGINEER the existence of all such hazardous
materials, including but not limited to asbestos, PCB's, petroleum,
hazardous waste, or radioactive material located at or near the
project site, including type, quantity and location of such hazardous
materials. It is acknowledged by both parties that ENGINEER's
scope of services do not include services related in any way to
hazardous materials. In the event ENGINEER or any other party
encounters undisclosed hazardous materials, ENGINEER shall
have the obligation to notify OWNER and, to the extent required by
law or regulation, the appropriate govemmental officials, and
ENGINEER may, at its option and without liability for delay,
consequential or any other damages to OWNER, suspend
performance of services on that portion of the project affected by
hazardous materials until OWNER: (i) retains appropriate specialist
consultant(s) or contractor(s) to identify and, as appropriate, abate,
remediate, or remove the hazardous materials; and (ii) warrants that
the project site is in full compliance with all applicable laws and
regulations. OWNER acknowledges that ENGINEER is performing
professional services for OWNER and that ENGINEER is not and
shall not be required to become an "arranger," "operator,"
"generator," or "transporter" of hazardous materials, as defined in
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1990 (CERCLA), which are or may be encountered at
or near the project site in connection with ENGINEER's services
under this Agreement. If ENGINEER's services hereunder cannot
be performed because of the existence of hazardous materials,
ENGINEER shall be entitled to terminate this Agreement for cause
on 30 days written notice. To the fullest extent permitted by law,
OWNER shall indemnify and hold harmless ENGINEER, its officers,
directors, partners, employees, and subconsultants from and
against all costs, losses, and damages (including but not limited to
all fees and charges of engineers, architects, attorneys, and other
professionals, and all court or arbitration or other dispute resolution
costs) caused by, arising out of or resulting from hazardous
materials, provided that (i) any such cost, loss, or damage is
attributable to bodily injury, sickness, disease, or death, or injury to
or destruction of tangible property (other than completed Work),
including the loss of use resulting therefrom, and (ii) nothing in this
paragraph shall obligate OWNER to indemnify any individual or
entity from and against the consequences of that individual's or
entity's sole negligence or willful misconduct.
16. EXECUTION
This Agreement, including the exhibits and schedules made part
hereof, constitute the entire Agreement between ENGINEER and
OWNER, supersedes and controls over all prior written or oral
understandings. This Agreement may be amended, supplemented or
modified only by a written instrument duly executed by the parties.
17 LIMITATION QF L IAEI ITV
174. LITIGATION SUPPORT
(2/2011)
In the event ENGINEER is required to respond to a subpoena,
government inquiry or other legal process related to the services in
connection with a legal or dispute resolution proceeding to which
ENGINEER is not a party, OWNER shall reimburse ENGINEER for
reasonable costs in responding and compensate ENGINEER at its
then standard rates for reasonable time incurred in gathering
information and documents and attending depositions, hearings, and
trial.
19. UTILITY LOCATION
If underground sampling/testing is to be performed, a local utility
locating service shall be contacted to make arrangements for all
utilities to determine the location of underground utilities. In addition,
OWNER shall notify ENGINEER of the presence and location of any
underground utilities located on the OWNER's property which are not
the responsibility of private /public utilities. ENGINEER shall take
reasonable precautions to avoid damaging underground utilities that
are properly marked. The OWNER agrees to waive any claim against
ENGINEER and will indemnify and hold ENGINEER harmless from
any claim of liability, injury or loss caused by or allegedly caused by
ENGINEER's damaging of underground utilities that are not properly
marked or are not called to ENGINEER's attention prior to beginning
the underground samplingltesting.
Terms & Conditions for Professional Services 3 (2/2011)
City of Dubuque Insurance Requirements for Professional Services
1.
Insurance Schedule C
shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work
is longer than 60 days. Providers presenting annual certificates shall present a Certificate at the end of
each project with the final billing. Each Certificate shall be prepared on the most current ACORD form
approved by the Iowa Department of Insurance or an equivalent.
2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and
all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate shall be furnished to the contracting department of the City of Dubuque.
4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of
Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of
this agreement.
5. Subcontractors and sub subcontractor performing work or service shall provide a Certificate of Insurance
in accord with Exhibit I.
6. All required endorsements to various policies shall be attached to Certificate of insurance.
7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider
identifying and listing in writing all deviations and exclusions that differ from the ISO form.
8. Provider shall be required to carry the minimum coverage /limits, or greater if required by law or other
legal agreement, in Exhibit I.
Page 1 of 3 Schedule C, Professional Services March, 2012.Doc
City of Dubuque Insurance Requirements for Professional Services
Insurance Schedule C (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the
standard ISO commercial general liability form CG 0001, or Business owners form BP 0002,
shall be clearly identified.
b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit"
or CG 25 03 "Designated Construction Project (s) General Aggregate Limit" as appropriate.
c) Include endorsement indicating that coverage is primary and non - contributory.
d) Include endorsement to preserve Governmental Immunity. (Sample attached).
e) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees
and volunteers, all its boards, commissions and /or authorities and their board members,
employees and volunteers.
using ISO form CG 2026.
B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit)
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Coverage A
Coverage B
Statutory—State of Iowa
Employers Liability
Each Accident • $100,000
Each Employee- Disease $100,000
Policy Limit - Disease $500,000
a) Policy shall include an endorsement providing a waiver of subrogation to the City of
Dubuque.
b) Coverage B limits shall be greater if required by Umbrella Carrier.
D) UMBRELLA LIABILITY
E) PROFESSIONAL LIABILITY
$1,000,000
$1,000,000
Page 2 of 3 Schedule C, Professional Services March, 2012.Doc
City of Dubuque Insurance Requirements for Professional Services
Preservation of Governmental Immunities Endorsement
1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does
not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa
under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only
those claims not subject to the defense of governmental immunity under the Code of Iowa Section
670.4 as it now exists and as it may be amended from time to time. Those claims not subject to
Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any
defense of governmental immunity, and may do so at any time and shall do so upon the timely
written request of the insurance carrier.
4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the
insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa
under this policy for reasons of governmental immunity unless and until a court of competent
jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of
Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
Page 3 of 3 Schedule C, Professional Services March, 2012.Doc
EXHIBIT A
TASK ORDER NO. 1
This Task Order pertains to an Agreement by and between the City of Dubuque, Iowa
( "City ") and HDR Engineering Inc. ( "HDR "), dated , 2012 ( "the
Agreement "). HDR shall perform services on the project described below as provided
herein and in the Agreements. This Task Order shall not be binding until it has been
properly signed by all parties. Upon execution, this Amendment shall supplement
Agreement as it pertains to the project described below.
TASK ORDER NUMBER: No. 1
PROJECT NAME: Drainage Master Plan Update
PART 1.0 PROJECT DESCRIPTION:
1.1 Background
The purpose of this Project is to produce an update to the original Drainage Master Plan
prepared by HDR Engineering, Inc. in January 2001.
1.1 Drainage Master Plan Update— A Phased Approach
The data collection and evaluation, identification of proposed projects, and conceptual
design evaluation in support of the drainage master plan update will be conducted in a
phased approach. The phases are described in more detail below.
Phase I: Data Collection and Staff Interview (Included in this Task Order)
• Interview city staff on drainage master plan elements completed and define
projects to be included in an updated drainage master plan.
• Collect available data.
• Prepare Trip Report documenting staff interviews and begin to identify Phase I
and Phase II projects.
Phase II: Stage 1 Project Analysis (Not included in this Task Order)
• Evaluate list of Stage 1 projects
• Prioritize Stage 1 projects
• Prepare Stage 1 Master Plan Supplement
Phase II: Stage 2 Project Analysis (Not included in this Task Order)
• Conduct limited analysis on Stage 2 projects
• Evaluate list of Stage 2 projects
• Prioritize Stage 2 projects
• Prepare Stage 2 Master Plan Update
Task Order No. 1 Page 1 July 2012
PART 2.0 SCOPE OF SERVICES TO BE PERFORMED BY
ENGINEER ON THE PROJECT
PHASE I: DATA COLLECTION AND STAFF INTERVIEWS
TASK SERIES 100 — PROJECT MANAGEMENT
Task Objectives: Coordinate work effort, administer contract, and provide quality control.
HDR Activities: Task 110 Project Management. Conduct general project management
tasks. Includes development of project initiation forms including the
development of a project guide, monthly invoicing, monthly progress
reports, project close out activities and other administration project
activities.
Task Deliverables:
Task 120 Conference Call. Conduct coordinating conference call to
discuss Project tasks and discuss findings. One (1) conference call is
planned.
• Monthly invoices and progress reports
Key Understandings:
• HDR will prepare notes of the conference call conducted. No agenda
will be prepared.
TASK SERIES 200 — DATA COLLECTION AND STAFF INTERVIEWS
Task Objectives: Collect and organize existing data and interview city staff
HDR Activities:
Task 210 Data Collection. HDR will collect background data and
supporting materials. This information may include:
• 2001 Drainage Master Plan project implementation as -built drawings
or proposed project information
• 2012 and 2013 Capital Improvements Program
• Existing Drainage System Information
• USACE Periodic Levee Inspection Report
• FEMA Levee Certification Report
• Green Initiatives
• Hazard Mitigation Plan
• City stormwater policies and ordnances
• Repetitive loss reports /flooding complaints
• GIS files — aerials, roads, stream centerlines, storm sewer, watershed
and subwatershed boundaries, contours, levee system, and regional
detention basin
• Compiled list of proposed projects to incorporate into updated
drainage master plan.
• Iowa grant initiatives
Task Order No. 1 Page 2 July 2012
Task Deliverables:
Key Understandings:
Task 220 Interview City Staff. HDR will interview City staff
associated with the City's storm drainage projects. HDR will prepare a
list of questions for City staff members and will send to the City in
advance of the interviews. HDR will also visit locations of projects in
the City (windshield survey) that were completed in accordance with the
2001 Drainage Master Plan and locations of projects or improvements
identified from interviewing City staff.
Task 230 Field Trip Report. Create a field trip report that summarizes
the interviews and data collected. The trip report will document an
approach to updating the master plan. A draft field trip report will be
prepared and upon review and comment from the City, a final field trip
report will be prepared.
• Field Trip Report (Draft and Final)
• HDR will not organize or catalog the data collected during the
interview phase.
• The City will coordinate staff interviews in accordance with HDR's
scheduled site visit.
• Interviews will be held at City offices and attended by 2 HDR
professionals.
• Two (2) overnight stays will be included in the kick - off /data
collection meeting to accommodate the data collection, City staff
meeting, and windshield survey.
• Draft and Final Field Trip Report will be submitted electronically by
email.
• The City desires to have an updated Drainage Master Plan in place
by no later than September 28, 2012.
PART 3.0 AUTHORIZATION
Work will not proceed on a task without authorization.
PART 4.0 OWNER'S RESPONSIBILITIES
The City will be responsible for the following as identified in the above SCOPE OF
SERVICES:
• All files and information requested of the City and other agencies required to
complete the SCOPE OF SERVICES will be provided. Information will be
provided in electronic format, where possible.
• All costs for travel, printing, mailing, etc. will be reimbursed by the City.
• The City will provide written comments on each of the above - listed deliverables.
Task Order No. 1 Page 3 July 2012
PART 5.0 PERIODS OF SERVICE
It is estimated that the schedule for the defined in the scope will be completed within 7
working days after the interviews have been conducted.
PART 6.0 PAYMENTS TO ENGINEER
Compensation for HDR's services under this Agreement shall be on the basis of Direct
Labor Costs times a factor of 3.15 for the services of HDR's personnel engaged on the
Project plus Reimbursable Expenses. Attachment A is a fee summary for the services
defined.
The amount of any sales tax, excise tax, or gross receipts tax that may be imposed on this
Agreement shall be added to the HDR's compensation as Reimbursable Expenses.
Compensation terms are defined as follows:
Direct Labor Cost times a multiplier of 3.15 to be paid as total compensation for each
hour an employee works on the Project, plus Reimbursable Expense with a 10% markup
at an approximate not to exceed of NINETEEN THOUSAND NINE HUNDRED
NINETY DOLLARS ($19,990) for this phase of work, given the assumptions listed
above and in the SCOPE OF SERVICES.
Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all
personnel engaged directly on the Project. The Direct Labor Costs and the factor applied
to Direct Labor Costs will be adjusted annually as of the first of every year to reflect
equitable changes to the compensation payable to HDR.
Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in
connection with the Project for transportation travel, subconsultants, subcontractors,
computer usage, telephone, telex, shipping and express, and other incurred expense.
This Task Order is executed this
CITY OF DUBUQUE, IOWA
"Owner"
BY:
NAME:
TITLE:
ADDRESS:
day of , 2012.
HDR Engineering, Inc.
"ENGINEER"
BY:
NAME:
TITLE:
ADDRESS:
1/�.. Cyr
Timoy R. Crockett
Senior Vice President
8404 Indian Hills Drive
Omaha, NE 68114
Task Order No. 1 Page 4 July 2012
ATTACHMENT "A"
CITY OF DUBUBUE, IOWA
DRAINAGE BASIN MASTER PLAN UPDATE
FEE ESTIMATE JULY 9, 2012
HDR Engineering, Inc. Estimated Hours /Costs
Expenses
Est Total
Cost
TASKS
Project
Manager
Senior
Staff
Mid -Level
Tech
Support
Clerical
Total
Hours
Total
Labor Cost
Tech. Fee
Printing
Travel
Misc.
Total
Expenses (11
S 180.00 $ 190.00 S 150.00 $ 90.00 0 80.00
TASK SERIES 100— PROJECT MANAGEMENT
Task110
Project Management
8
2
10
81,600
537
533
$731 $1,673
Task 120
Conference Calls
2
2
4
5660
515
$15 $675
Estimated Task Hours Subtotal
10
0
2
0
2
14
Estimated Task Cost Subtotal
11,800
S0
0300
S0
8160
82,260 $52 $33 S0 $0 $88 S2,348
TASK SERIES 200 — DATA COLLECTION
Task 210
Data Collection
4
4
8
5960
$30
530
5990
Task220
Interview City Staff
30
30
60
59.900
5222
51,210
5110
51.674
511,574
Task 230
Field Trip Report
11
15
9
35
$4,950
$130
$130
55,080
Estimated Task Hours Subtotal
41
0
49
4
9
103
Estimated Task Cost Subtotal
07,360
SO
$7,350
5360
5720
$15,810 5381 S0 01,210 5110 01,833 817,643
TOTAL HOURS
51
0
51
4
11
117
TOTAL COST (ROUNDED)
59,200
S0
87,700
0400
5900
818,1001 5400] 5 SO1 S1,2001 $100 [ 51 [9001 819,990
Task Order No. 1 Page 5 July 2012