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North Siegert Farm Engineering Design Contract THE CITY OF .-~' Dubuque Masterpiece an the Mississippi ~~ ~t 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Award of Engineering Contract for Dubuque Industrial Center West -North Siegert Farm DATE: January 16, 2008 Economic Development Director David Heiar is recommending award of the engineering contract for the Dubuque Industrial Center West-North Siegert Farm to IIW Engineers and Surveyors, PC in the amount of $203,010. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director THE CITY OF Dubuque DUB E ~ -- Maste iece on the Mississi i ' I I I ~ pp =~- MEMORANDUM January 15, 2008 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Directo~ SUBJECT: Award of Engineering Contract for Dubuque Industria Center West - North Siegert Farm BACKGROUND/DISCUSSION The design engineering of the Dubuque Industrial Center West-North Siegert Farm is included in the FY08 budget ($278,057). On July 16, 2007, the City Council approved a Request for Proposals for the design and engineering work for the project. On October 22, 2007, the City Council approved a recommendation by the RFP Committee to select IIW Engineers and Surveyors, PC for the design engineering of this industrial park project. Attached is a contract for Design Engineering services. The contracted amounts will be based on hourly rates not to exceed the following schedule: Investi ation of Pro ert Characteristics $34,050 Conce tual Desi n/Alternative Anal sis $36,610 RISE Grant A lication $5,060 Prelimina and Final Desi n $52,790 Biddin and Construction Documents $53,120 Re ulato Permittin $3,800 Coordination of Bid Lettin $17,580 TOTAL $203,010 ACTION REQUESTED I recommend approval of a resolution awarding a contract to IIW Engineers and Surveyors for the preliminary and final design of the Dubuque Industrial Center West- North Siegert Farm for a cost not to exceed $203,010. F:\USERS\DHeiar\Norri Siegert\Award of Eng contract memo.doc RESOLUTION NO. 19-08 RESOLUTION AUTHORIZING CONTRACT WITH IIW ENGINEERS & SURVEYORS, P.C. FOR THE DESIGN AND ENGINEERING OF DUBUQUE INDUSTRIAL CENTER WEST -NORTH SIEGERT ADDITION Whereas, the City Council has made the development of the next phase of the Dubuque Industrial Center West a high priority; and Whereas, a Request for Proposals was issued, responses have been received and reviewed; and Whereas, on October 15, 2007, the City Council approved the selection of IIW Engineers and Surveyors, PC; and Whereas, the City has budgeted for the design engineering work in the FY 08 Budget, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. IIW Engineers & Surveyors, P.C. is hereby awarded a contract to provide design engineering services for Dubuque Industrial Center West -North Siegert Addition for a not to exceed amount of $203,010. Section 2. The Mayor is hereby authorized to sign a contract and detailed scope of services with IIW Engineering & Surveyors for the proposed design engineering work. Passed, approved and adopted this 22nd day of January, 2008. Ric' Jones, Mayor Pro-tem Attest: Jeanne F. Schneider, City Clerk F:\USERS\DHeiar\Norih Siegert\Resoludon approving IIW contract.doc J l \~ __-Y, AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE `~~ tr. ~. CITY OF DUBUQUE, IOWA AND Dennis F. Waugh. PE'Sl? IIW ENGINEERS & SURVEYORS, P.C. charle, A` cats, r~E Gary D. Scjkora. Ph. FOR Michael .4. Jantiai, PGI:>h. THE DUBU UE INDUSTRIAL CENTER WEST Q Rona{dA. Balu~cr. PI-.;tih John M. Tranrocr, P1.S NORTH SIEGERT FARM Tinnxhy J "{'ravel. Pt. Jahn F. Wandsni~er. Pf. hike P. Ncebel, PC Jumcs P. Kaune. PEA. 11 W PROJECT NO. 07147-0 l Thomas J. tJstcr. Pl.s Wray A. chililcrs, PI.S Geoffrti T RLuniin. PE Marl. c..lohacn. P{? THIS AGREEMENT is made this day of , 2008, by and Lauren ~. Ray. PE _ between: Brad{ey J. M~~~>t~. Pr City of Dubuque 50 West 13t{' Street Dubuque, IA 52001-4854 hereinafter referred to as the "Owner", and IIW Engineers & Surveyors, P.C. 4155 Pennsylvania Avenue DUbUgUe, IOWA $2002-2628 Civil Engineering Structural Enginccriml Environmental Engineering a professional corporation in Dubuque, Iowa, hereinafter referred to as the "Engineer". Mnnicipa{ Engmccrmg Transportation Emm~eering Architectural Engineering WHEREAS, the Owner wishes to expand the Dubuque Industrial Center West Landsnrvcying Industrial Park known as the North Siegert Farm. Qua{ity comrol ~rz,t~n« Geotechnical En~ineerina WHEREAS, the Owner desires to engage the Engineer to provide professional services required for design, permitting and bidding for improvements to the southerly 2/3 of the site, and conceptual design of the northerly 1 /3 of the site; WHEREAS, the accomplishment of the hereinafter described work and services is authorized by execution of this agreement between the Owner and the Engineer. NOW THEREFORE IT IS AGREED AS FOLLOWS: 41$5 Pennsylvania Avenue Dubuque, Iowa 5200? 2F?~i Sf,3.556.24f,4 IIW Engineers & Surveyors P C 5~3.5s<~~s{le:~x Dubuque, IA Hazel Green, WI www.iiwc°gi.c"~~~ INTEGRITY. EXPERTISE. SOLUTIONS. PART I - SCOPE OF SERVICES SECTION A -INVESTIGATION OF PROPERTY CHARACTERISTICS The Engineer agrees to perform the following services: 1. Project management including scheduling, coordination and project correspondence. 2. Facilitate the initial subsurface investigation provided by Allender Butzke including narrative and exhibits to illustrate the scope of services required. This information will serve as the basis for the contract between Allender Butzke and the City of Dubuque. For the initial phase the geotechnical investigation will include 12 to 15 borings (2 days of drilling). The lower borings would be 20 feet deep and the upland borings 30 to 40 feet deep with an average depth of all borings about 30 feet. To characterize the soil types, initial lab tests would include Atterberg limits, gradations, Proctors, unconfined compression, moisture and density. Professional services provided by IIW that are associated with the initial subsurface investigation include the following: a. Prepare a stakeout plan and provide construction stakes for location of the initial soil borings. b. Coordinate with Allender Butzke to identify the schedule for completion of the borings and report, answer questions, review and interpret the subsurface investigation report, and seek clarification as necessary. Facilitate and provide wetland investigation provided by Flenker Land Architecture Consultants (FLAG) as our sub-consultant. The wetland investigation would also include review of potential sites available for mitigation of any disturbed wetlands and an indication of the quality of the wetlands which have potential to be disturbed. Collect and review pertinent documents necessary to make a preliminary off-site determination of the general location and size of possible wetlands in the project area and conducting on-site field wetland delineation activities. The field wetland delineation will be performed in general accordance with "The Routine Method" for on-site wetland determination as generally described in the US Army Corps of Engineers Technical Report Y-87-1 (Corps of Engineers Wetlands Delineation Manual, 1987). Portions of the wetland study area that fall within the limits of existing agricultural lands will be delineated in accordance with the Farm Security Act (FSA), as required by the Corps of Engineers. The results of the wetland delineation will be prepared into a wetland delineation report, will include Corps of Engineer Data Forms and FSA slide review forms documenting the required technical parameters; photographic documentation and various other information as deemed appropriate and necessary by FLAG to support their wetland findings. Professional services provided by IIW that are associated with the wetland investigation include the following: a. Coordinate with FLAG to identify the schedule for completion of the wetland investigation and report, answer questions, review and interpret the wetland delineation report, and seek clarification as necessary. b. Request a jurisdictional determination from the USAGE based on the wetland investigation and preferred mitigation locations if applicable. 4. Provide a Phase 1 Environmental Assessment to assess the past history of land use that may have caused environmental impairment including the following: a. Meet with client and client's personnel to further discuss the project, review property boundaries, and obtain any additional file information that may be relevant to the site or adjoining land. b. Review reasonably attainable and practically viewable environmental records from standard sources to determine the likelihood of recognized environmental conditions in connection with the property. Examples of standard sources include but are not limited to federal and state equivalent NPL site lists, federal and state equivalent CERCLIS site lists, federal RCRA generators and TSD facilities, state underground storage tank and leaking underground storage tank lists, and state landfill or solid waste disposal sites. Some records to be reviewed pertain not just to the subject property but also pertain to properties within an additional search distance as prescribed in ASTM 1527-00. c. Review historical information from standard historical sources to develop a history of the previous uses of the property and surrounding area to determine the likelihood of recognized environmental conditions in connection with the property. Standard historical sources may be recorded land title records, fire insurance maps, aerial photographs, and city directories. d. Interview, at a minimum, current owners and occupants of the property and other relevant persons to gain as much knowledge as possible about past practices of materials and waste management at the facility to determine the likelihood of recognized environmental conditions in connection with the property. The interviews may take place in person, by telephone or in writing. e. Conduct a visual site inspection for the purposes of collecting data and pertinent observations regarding the likelihood of recognized environmental conditions in connection with the property. At that time, areas that appear to have the potential for contamination will be noted. The current use(s) of the property will be identified. f. A final report will be prepared to include a description of the site, description of the physical setting, current and historical use(s), conditions encountered, areas that may have been impacted, a summary of records/documents reviewed and persons interviewed, analysis of collected data, and opinion by IIW Engineers of the condition of the site. This opinion will be rendered in accordance with generally accepted professional standards but is not to be construed as guarantee or warranty as to the potential liability associated with environmental conditions or impacts at the site. The final report will also contain recommendations for further investigation if necessary. 5. Facilitate and provide asbestos inspection, sampling and testing provided by Haasco, Ltd. (Tom Haas) as our sub-consultant. Mr. Haas will provide a plan for disposal of the buildings in compliance with regulations. The following structures are included in his inspection: Barn-milk house and silo, small barn, block storage building, material accessible in the foundation of the former house (the existing house structure has fallen in so samples of the rubble will need to be taken to determine if asbestos is present), small shed on the SW corner, and a collapsed building. The asbestos inspection, sampling and testing services include the following: a. Provide a NESHAP compliant inspection of the properties including observation, sampling, and testing for asbestos containing materials. b. Provide a written report with supporting documentation outlining the materials sampled and test results. 6. Perform topographic and boundary surveys of the southerly 2/3 of the project site sufficient for design and to determine the location of existing conditions including the following: a. Determine the location of existing utilities from existing records, locations designated by various utility companies and identifiable surface features. b. Develop a base map drawing for use in the design of the project. The horizontal datum will be NAD 83 and the vertical datum will be NAVD 88, consistent with the City DAGIS system. c. Determine locations and dimensions of existing easements and boundary lines within the project location and display information on the base map. d. Determine property owners of the land within the project location and display this information on the base map. e. Provide a base map in paper and electronic AutoCAD format for the use of the Owner. SECTION B -CONCEPTUAL DESIGN /ALTERNATIVE ANALYSIS: The Engineer agrees to perform the following services: 1. Project management including scheduling, coordination, project correspondence and budgeting. 2. Meet with the project stakeholders (City staff and regulatory agencies) to verify design criteria such as any features on the site to remain undisturbed, importance of regional detention, landscaping and trail requirements. At this time a decision would be made if sustainable design options (as outlined in the project understanding section) should be pursued. 3. Develop two alternatives considering earthwork, roadway, utilities and right of way boundaries with construction cost estimates related to the total developable (and saleable) acreages for the southerly 2/3. The conceptual design will consider a couple of alternative layouts for the northerly 1/3 of the site including Middle Road to identify impacts and determine the limits of the 1 S` phase. 4. Review and coordinate regulatory requirements for the project relating to the Iowa DNR, Army Corps of Engineers, and Iowa DOT (RISE). SECTION C -RISE GRANT APPLICATION: The Engineer agrees to perform the following services: I. Project management including scheduling, coordination, project correspondence and budgeting. 2. Prepare a RISE grant application and supporting documentation including the following: a. Determine projected traffic volumes. b. Prepare exhibits to illustrate concept, location and project scope. c. Perform quantity takeoff and prepare construction cost estimates to distinguish eligible items for reimbursement. SECTION D -PRELIMINARY AND FINAL DESIGN: The Engineer agrees to perform the following services: 1. Project management including scheduling, coordination, project correspondence and budgeting. 4 2. Facilitate the final subsurface investigation provided by Allender Butzke including narrative and exhibits to illustrate the scope of services required. This information will serve as the basis for the contract between Allender Butzke and the City of Dubuque. Professional services provided by IIW that are associated with the final subsurface investigation include the following: a. Prepare a stakeout plan and provide construction stakes for location of the final soil borings. b. Coordinate with Allender Butzke to identify the schedule for completion of the borings and report, answer questions, review and interpret the subsurface investigation report, and seek clarification as necessary. 3. Perform hydrologic calculations of pre-developed and post-developed conditions to determine the storm water runoff for design of sedimentation and erosion control and storm sewer. 4. Preliminary design of the following components: a. Earthwork grading limits and cut and fill quantities. b. Roadway horizontal and vertical alignment. c. Storm sewer drainage structures and alignment. d. Sanitary sewer manhole locations and alignment. e. Water main hydrant and valve locations and alignment. £ Electric, telecom and gas based on coordination with utility providers. 5. Prepare preliminary plans comprised of component plan and profiles to illustrate the design intent. 6. Progress meeting with the Owner to verify the preliminary design and request authorization to proceed with final design. 7. Final design of earthwork, roadway, storm sewer, storm water management, sanitary sewer, water main, electric, telecom, and gas. 8. Prepare a construction cost estimate to verify project scope and construction budget. 9. Prepare a Storm Water Pollution Prevention Plan (SWPPP). 10. Provide up to ten (10) copies of final design plans for Owner review in advance of progress meeting. 11. Progress meeting with the Owner to verify the final design and request authorization to proceed with construction documents. SECTION E -BIDDING AND CONSTRUCTION DOCUMENTS: The Engineer agrees to perform the following services: 1. Project management including scheduling, coordination, project correspondence and budgeting. 2. Provide the following for up to 3 construction contracts: a. Final plans, details, notes and schedules. b. Quantity take-off and project cost estimate for use in initiation of bidding at council meeting. c. Technical specifications. d. Form of contract and bidding documents, notice and bid request, information for bidders, bid forms, bid bond forms, contractor's certification forms, agreement forms, performance and 5 payment bonds, general contract conditions, supplemental general contract conditions, special contract provisions, and special instructions to the contractor. All contract documents should be reviewed by the Owner's legal counsel and by the funding agency. 3. Prepare submittal to the Owner for review according to PUD requirements, City zoning and building code ordinances. 4. Progress meeting with the Owner to verify the construction documents and request authorization to proceed with regulatory permitting. SECTION F -REGULATORY PERMITTING: The Engineer agrees to perform the following services: 1. Project management including scheduling, coordination, project correspondence and budgeting. 2. Prepare regulatory permit applications including the following: a. Nationwide permit for USAGE Section 404, IDNR Section 401 water quality certification, floodplain construction permit, and sovereign lands construction permit. b. Water and sewer permit from the IDNR. c. NPDES Notice of Intent from the Iowa DNR. d. Erosion and Sediment Control from the City of Dubuque. SECTION G -COORDINATION OF BID LETTING: The Engineer agrees to perform the following services: 1. Project management including scheduling, coordination and project correspondence. 2. Provide the following for up to 3 construction contracts: a. Write the Notice to Bidders for publication by the City b. Coordinate with the City to verify the schedule for public hearing c. Initiate bidding in conjunction with the City Council meetings d. Print and distribute plans and specifications in electronic or paper format, including posting of bid documents to electronic plan rooms. e. Maintain a plan holders list f. Prepare and issue addenda g. Respond to questions from contractors during bidding h. Prepare a statement of the Engineer's opinion of the construction cost for the project based upon completed designs. 3. Provide up to ten (10) copies of detailed plans and specifications for the use of the Owner and the state and local agencies from which approval and/or permits must be obtained. Electronic versions in Microsoft Word, Adobe Acrobat and AutoCAD formats will be supplied to the Owner. Plans are anticipated to be 11x17 or 22x34 sheet sizes in black and white as requested by the Owner. 6 SECTION EX -EXTRA SERVICES Services other than those listed under A, B, C, D, E, F, and G of Part I may be required of the Engineer by the Owner. The Owner shall advise and/or authorize the Engineer to perform extra services. All services not specifically listed under A, B, C, D, E, F, and G of Part I are classified as extra services. The extra services offered by the Engineer include, but are not limited to, the following: 1. Services resulting from significant changes in the general scope, extent or character of the project or its design including, but not limited to, changes in size, schedule, complexity, character of construction or method of financing. 2. Services resulting from revising previously accepted studies, reports, design documents or contract documents when revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of studies, reports or documents, or are due to any other causes beyond the Engineer's control. 3. Preparing documents for alternate bids as requested by the Owner. 4. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses. 5. Providing value engineering during the course of design. 6. Services necessitated by out-of--town travel required of the Engineer other than visits to the project site or the offices of the Owner. 7. Assistance in connection with bid protests, re-bidding or renegotiating (subsequent to any initial negotiation at the time of contract award) contracts for construction, materials, equipment or services, unless directly resulting from errors and omissions by the Engineer. 8. Negotiations with properly owners related to preparation of plats and descriptions or related services needed for the transfer of interests in real property and acquiring easements. 9. Preparing to serve or serving as a consultant or witness for the Owner in any litigation, arbitration, condemnation, or other legal or administrative proceedings involving the project. 10. Additional services resulting from the project involving separate construction contracts, separate equipment contracts or separate building trades unless proposed by the Engineer. 11. Additional or extended services during construction made necessary by and not reasonably discoverable by the Engineer such as: a. Work damaged by fire or other cause during construction. b. A significant amount of defective or neglected work of the Contractor. c. Prolongation of the construction contract time of any construction contract. d. Acceleration of the work schedule involving services beyond normal working hours. e. Default of any contractor or subcontractor on the construction contract. 12. Preparation of an individual permit and associated wetland mitigation plan. 7 13. Preparation and delivery of electronic information specifically for the Contractors use (i.e. data terrain models for grading with global positioning systems). Depending upon the type of information requested, and the format, a fee may be required for acquisition of the data, payable to the Design Professional by the Contractor. Contractors are required to submit a request in writing to the Design Professional indicating the type and format of the information requested. The Design Professional will make a reasonable effort to determine whether or not the information can be provided as requested, and the fee for providing the information. PART II - OWNER'S RESPONSIBILITIES The Owner shall do the following in a timely manner so as not to delay the services of Engineer: 1. Designate a person to act as Owner's representative with respect to the services to be rendered under this agreement. The Owner's representative shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to the Engineer's services for the project. 2. Work with the Engineer to establish the Owner's criteria and requirements. Criteria shall include design objectives, design and construction constraints, capacity and performance requirements, flexibility and expandability requirements and budgetary limitations. 3. Furnish copies of all design and construction standards that the Owner requires in the drawings and specifications. 4. Place at the Engineer's disposal all available design or construction related reports, data and information. 5. Furnish to the Engineer without limitation: a. Borings, probing and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment prepared by others. b. Appropriate professional interpretations of the foregoing; c. Environmental assessment and impact statements; d. Property, boundary, easement, right-of--way, topographic and utility surveys; e. Property descriptions; f. Zoning, deed and other land use restriction 6. Coordinate with the Engineer for access for the Engineer to enter upon public and private property as required for the Engineer to perform services under this agreement. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Engineer. Obtain advice of an attorney, insurance counselor and other consultants, as the Owner deems appropriate for examination. Render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Engineer. 8. Furnish approvals and permits as may be required from the Owner and pay permit or approval fees of other governmental authorities having jurisdiction over the project. 9. Provide legal, accounting, and insurance counseling services as may be required for the project. 10. Give prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of the Engineer's services, or any defect or nonconformance in the work of any Contractor. 9 11. Direct the Engineer to provide Extra Services as desired and as stipulated in Section EX of Part I of this agreement. 12. Pay all costs incidental to obtaining permits from applicable agencies, and bids or proposals from contractors and/or suppliers; and all costs incidental to compliance with the requirements of Part II. 10 PART III - COMPENSATION SECTION A -SECTION G Compensation for Section A through Section G for design, permitting and bidding services shall be hourly with a not to exceed fee of Two Hundred Three Thousand Ten Dollars and Zero Cents ($203,010). An estimated breakdown by work product follows: Investi ation of Pro a Characteristics $34,050 Conce tual Desi /Alternative Anal sis $36,610 RISE Grant A lication $5,060 Prelimina and Final Desi $52,790 Biddin and Construction Documents $53,120 Re lato Permittin $3,800 Coordination of Bid Lettin $17,580 TOTAL $203,010 SECTION EX -EXTRA SERVICES 1. Compensation for Extra Services as defined in Section EX of Part I, or other extra services, shall be based either on the time required at the Engineer's normal hourly rates, or on a lump sum fee. The lump sum fee is to be established and approved by the Owner and the Engineer prior to performing defined extra services. 11 PART IV - SCHEDULE Following is the anticipated schedule for completion of each phase. 3 I~ Conceptual Design t Al~rnatiue wwly~s 4 ,' ~ ~ RISE Grant Appioaborr 7 ~ ~ Preliminary and Final 6 ~ °i BiddmA end Construction Documer~s 11 0 Regrdatory Pemuttirp 1t 13 ~ Coordination d Bid l.etbrg days? Fn ~t,+oe sata~tro9 11 days? Mon 33.'08 Sat 3~ t5~'t>9 101 days? Sat 3!15'08 Fri 811+09 87 days? Fri 911(08 Mon 12/111f8 34 days? Mon 1?J1r08 Thu UtS~'C9 33 days? Tfw 1i15lOA Mon 3JC8 12 PART V - TERMS AND CONDITIONS 1. CONSULTANT'S ENDORSEMENT ON PLANS The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer, or licensed professional architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 2. CHANGE IN SCOPE OF SERVICES No changes in scope shall be permitted during this project without the prior written agreement of both parties and the WBS being updated. 3. SUBSTITUTION OF PROJECT TEAM MEMBERS The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project may be changed if those personnel leave the Consultant. These personnel may also be changed for other reasons however, in either case, the City retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express, prior written permission of the City of Dubuque. 4. INSURANCE Consultant shall at all times during the performance of this Agreement provide insurance as required by the attached City of Dubuque Insurance Schedule C. 5. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to, attorneys' fees arising out of or resulting from performance of the Contractor, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Consultant, Consultant's subcontractor, or anyone directly or indirectly employed by Consultant or Consultant subcontractor or anyone for whose acts Consultant or Consultant's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 6. ERRORS AND OMISSIONS In the event that the work product prepared by the Consultant is found to be in error and revision or reworking the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the City, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. 7. OWNERSHIP OF ENGINEERING DOCUMENTS All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City and shall be delivered to the Project Manager upon completion of the plans or termination of the services of the Consultant. There shall be no 13 restriction or limitations of their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the City's sole risk and without liability or legal exposure to the Consultant. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in the contract. Any change to these specifications by either the City or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 8. SUBLETTING, ASSIGNMENT OR TRANSFER Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Engineer and approved by the City. 9. COMPENSATION All billings to the City by the Engineer are due and payable upon the receipt by the City of the statement. Billings for which compensation has not been made within thirty (30) days of the statement date shall be assessed an interest fee of eighteen percent (18%) per annum on the unpaid balance commencing on the thirty-first day after the billing date. No deduction shall be made from the Engineer's compensation on account of penalty, liquidated damages, or other amount withheld from payments to the Contractor(s). 10. TERMINATION Either party may terminate this Agreement for any reason, with or without cause, upon 14 days written notice. Upon termination of this Agreement, full payment shall be made to the Consultant for services and expenses up to the date of the notice of termination. 11. MEDIATION Owner and Consultant desire to resolve any disputes or areas of disagreement involving the subject matter of this Agreement by a mechanism that facilitates resolution of disputes by negotiation rather than by litigation. Owner and Consultant also acknowledge that issues and problems may arise after execution of this Agreement which were not anticipated or are not resolved by specific provisions in this Agreement. Accordingly, both Owner and Consultant will endeavor to settle all controversies, claims, counterclaims, disputes, and other matters in accordance with the Construction Industry 14 Mediation Rules of the American Arbitration Association currently in effect, unless Owner and Consultant mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Neither demand for mediation nor any term of this Dispute Resolution clause shall prevent the filing of a legal action where failing to do so may bar the action because of the applicable statute of limitations. If despite the good faith efforts of Owner and Consultant any controversy, claim, counterclaim, dispute, or other matter is not resolved through negotiation or mediation, Owner and Consultant agree and consent that such matter may be resolved through legal action in any state or federal court having jurisdiction. 15 PART VI - APPROVAL IN WITNESS WHEREOF, the parties hereto have made and executed this agreement in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers as of the date below indicated: EXECUTED BY THE OWNER THIS DAY OF , 2008. CITY OF DUBUQUE, IOWA Roy D. Buol, Mayor ATTEST: Jeanne Schneider, Clerk EXECUTED BY THE ENGINEER THIS DAY OF , 2008. IIW EN IN ERS & SURVEYORS, P.C. ' hael A. Jansen, P.E., S.E., Chief Executive Officer WITNE -s----~ Dennis F. Waugh, .E., S. ., Vice President CITY OF DUBUQUE, IOWA THE DUBUQUE INDUSTRIAL CENTER WEST NORTH SIEGERT FARM PROFESSIONAL SERVICES 2008 16 INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A better in the current A.M. Best Rating Guide. 2. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the City of Dubuque, except for a ten (10) day notice for non- payment, if cancellation is prior to the expiration date. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non-contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunities Endorsement. shall upon request, provide Certificates of Insurance for all subcontractors and sub-sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the insurance requirements as required of 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shalt be considered a material breach of this agreement. 6. Contractor shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 t of 2 January 2008 INSURANCE SCHEDULE C (Continued) INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE This coverage shall be written on an occurrence form, not claims made form. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97 `Designated Location (s) General Aggregate Limit' shall be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers shall be named as an additional insured on Genera{ Liability including "ongoing operations" coverage equivalent to ISO CG 20 10 07 04. b) Automobile $1,000,000 combined single limit. c) WORKERS COMPENSATION 8~ EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee Disease $ 100,000 Policy Limit Disease $ 500,000 d) PROFESSIONAL LIABILITY $1,000,000 e) UMBRELLA/EXCESS LIABILITY *Coverage and/or limit of liability to be determined on a case-by-case basis by Finance Director. Completion Checklist ^ Certificate of Liability Insurance (2 pages) ^ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) ^ Additional Insured CG 20 10 07 04 ^ Governmental Immunities Endorsement 2 of 2 January 2008 ACORD,~ CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDlYYYY) 12~7~2007 PRODUCER (563) 123-4567 FAx (563) 987-6543 Insurance en ~ ~ Street Address THIS CERTIFICATE IS ISSUED A3 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cit ST Zi Code INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. Insurance COm 8n Company INSURER B: .4treet INSURER C. INSURER D'. C1t $t Zl Code INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' POLICY EFFECTIVE POLICY E%PIRATION L TYPE OF INSURANCE POLICY NUMBER DATE MM/D DATE MMA) LIYITS GENERAL LIABILITY EACH OCCURRENCE E 1 , 000 , 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea ocwrence $0 , 000 S A X CLAIMS MADE a OCCUR MED EXP one son S 5 , 000 PERSONAL 8 ADV INJURY S 1 , 000 , 000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS - COMPlOP AGG S 1 , 000 , 000 POLICY X jEC LOC AU TOMOBILE LIABILITY COMBINED SINGLE LIMIT E t ld S 1 , 000 , 000 X ANY AUTO ( a ace en ) A ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per pars°") S HIRED AUTOS BODILY INJURY NON-0WNED AUTOS {Per accdent) S PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGG S A E%CESS/UMBRELLA LIABILITY EACH OCCURRENCE S 1, 000, 000 X OCCUR ~ CLAIMS MADE AGGREGATE S 1, 000 , 000 s DEDUCTIBLE ~j S X RETENTION S D S A WORKERS COMPENSATION AND ~ 1 M ER EMPLOYERS' LJABRITY O X TORY 1 RS s ANY PROPRIETORlPARTNERAJCECUTNE fe E.L. EACH ACCIDENT S 100 , 000 OFFICER/A~MBER EXCLUDED? ~~ B es desuiDe o E.L. DISEASE -EA EMPLOYEE S 100, 000 ~ Y SPECULL PROVISIONS hebw E.L. DISEASE - POLICY tJM1T S 500 , 000 A DTHER Professional $1,000,000 Liability DESCRIPTION OF OPERATIONSA.OCATIONSNEHK:LES/EXCLUSION$ ADDED BY ENDORSEMENTfSPECUIL PROVISK)NS The City of Dubuque is an additional insured on general liability policies including ongoing G completed operations coverage equivalent to ISO CG 2010 0704 i CG 2037 0704. General Liability policy is primary 6 non-contributing. Form CG 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorsement is included. City of Dubuque 50 West 13th Street Dubuque, IA 52001 I IV17 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER HALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAKED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE na.vrcv ca Icw ltval ®ACORD CORPORATION 1988 INS025 ro+oB).06 AMS VMP Mortgage S°hrti0ne, Inc. (800)327.OSg5 Page ~ a2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certifipte does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certifigte of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. p e~ S ~ f~ loria~ Pr° na.v~ca,r ca ~~uv-uuo/ tNS0251oioe).os AIMS Fepe 2 ot2 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): ANY AND ALL COVERED LOCATIONS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except dam- ages because of "bodily injury" or "property damage" included in the 'products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the num- ber of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location". Such payments shall not re- duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location Genera! Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can- not be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- natPd Location general Aggregate Limit. CG 25 04 03 97 Page 1 of 2 CG 25 04 03 97 C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 CG 25 04 03 97 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s 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. Location(s) Of Covered Operations Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization{s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. f~he acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "IiiJNciiy ila~~iaye° eccun'i~~g ~fia~: CG 20 10 07 04 Page 1 of 2 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations fora princi- pal as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 ©ISO Properties, Inc., 2004 CG 20 10 07 04 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 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 1 of 1 January 2008