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Chavenelle Court Engineering ContractTHE CITY OF Dubuque D~ JB E ~"-'~~~~ . i Masterpiece on the Mississippi } ~; 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 - Chavenelle Court DATE: March 24, 2008 Economic Development Director Dave Heiar recommends City Council approval to award a sole source contract to IIW Engineers and Surveyors for the design and construction services of the Dubuque Industrial Center West-Chavenelle Court street project for a cost not to exceed amount of $92,100. Hormel Foods Corporation plans to build an $89 million, state-of-the-art food processing facility on approximately 40 acres in the Dubuque Industrial Center West. The Austin, Minnesota-based company hopes to break ground this summer and plans to have two lines producing packaged foods in 327,000 square feet of new space by the fall of 2009. This project will bring 196 new jobs to the area, with capacity for more, based on consumer demand for shelf stable microwave meals. In negotiations with Hormel, the company has decided that the preferred site for this new facility is on a portion of the 49 acre parcel often referred to as the rail site. This site is currently not served by a paved street. In order to meet the Hormel schedule it is important to move forward quickly with the construction of a street. The City Council approved the submittal of a RISE application to help fund the new street to be named Chavenelle Court. The total estimated cost of the street project is $555,989. A local match of twenty percent ($111,198) is required by the State. The City has remaining G.O. Bond proceeds from the Chavenelle Street Extension project to use as local match. IIW Engineers is very familiar with this site since they had prepared a preliminary design for Chavenelle Court approximately three years ago when this site was being considered by another industrial prospect. IIW has submitted a contract proposal for final design and construction services for a not to exceed amount of $92,100. I concur with the recommendation and respectfully request Mayor and City Council approval. Mich ~ el 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 Mastel• piece an the Mississi i ~ p~ 2~>n- MEMORANDUM March 24, 2008 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director ~ ~'}' SUBJECT: Award of Engineering Contract for Dubuque Industrial Center West - Chavenelle Court BACKGROUND/DISCUSSION Hormel Foods Corporation plans to build an $89 million, state-of-the-art food processing facility on approximately 40 acres in the Dubuque Industrial Center West. The Austin, Minnesota-based company hopes to break ground this summer and plans to have two lines producing packaged foods in 327,000 square feet of new space by the fall of 2009. This project will bring 196 new jobs to the area, with capacity for more, based on consumer demand for shelf stable microwave meals. In negotiations with Hormel, the company has decided that the preferred site for this new facility is on a portion of the 49 acre parcel often referred to as the rail site. This site is currently not served by a paved street. In order to meet the Hormel schedule it is important to move forward quickly with the construction of a street. The City Council approved the submittal of a RISE application to help fund the new street to be named Chavenelle Court. The total estimated cost of the street project is $555,989. A local match of twenty percent ($111,198) is required by the State. The City has remaining G.O. Bond proceeds from the Chavenelle Street Extension project to use as local match. IIW Engineers is very familiar with this site since they had prepared a preliminary design for Chavenelle Court approximately three years ago when this site was being considered by another industrial prospect. IIW has submitted a contract proposal for final design and construction services for a not to exceed amount of $92,100. ACTION REQUESTED I recommend approval of a resolution awarding a contract to IIW Engineers and Surveyors for the design and construction services of the Dubuque Industrial Center West-Chavenelle Court for a cost not to exceed amount of $92,100. F:\USERS\DHeiar\Chavenelle CourtWward of Eng contract memo.doc RESOLUTION NO. 113-08 RESOLUTION AUTHORIZING CONTRACT WITH IIW ENGINEERS 8~ SURVEYORS, P.C. FOR THE DESIGN AND ENGINEERING OF DUBUQUE INDUSTRIAL CENTER WEST - CHAVENELLE COURT Whereas, the proposed site for Hormel Food Corporation project requires the construction of a new street called Chavenelle Court; and Whereas, it is essential to design and construct Chavenelle Court in 2008 to accommodate the Hormel construction project; and Whereas, the City Council has approved a RISE application to the Iowa Department of Transportation for funding of Chavenelle Court; and Whereas, the City has remaining funds from a GO Bond sale to provide local match, 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 and construction engineering services for Dubuque Industrial Center West -Chavenelle Court for a not to exceed amount of $92,100. Section 2. The Mayor is hereby authorized to sign a contract and detailed scope of services with IIW Engineers & Surveyors, P.C. for the proposed engineering work. Passed, approved and adopted this 7th day of April, 2008. D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk F:IUSERS\DHeiar\Chavenelle Court\Resolution approving IIW contract.doc .-%. March 24, 2008 ,- ` ~ ~ { ;,o ,, ,/ Dave Heiar - - City of Dubuque Economic Development `~ ~ 50 West 13a' Street ~ __ Dubuque, IA 52001 '~~ Re: Proposal for Professional Services ~^`t Chavenelle Court Design IIW Project No: 08078-00 Dennis F. waugn, PE/sE Charles A. Cate, PE Dear Dave: Gary D. Sejkora, PE Michael A. Jansen, PE/SE Ronald A. Balmer, PE/SE IIW Engineers & Surveyors, P.C. appreciates the opportunity to submit this Proposal for John M. Tranmer, PLS professional services for the Chavenelle Court Design project. Timothy J. Tranel, PE John F. Wandsnider, PE Julie P. Neebel, PE PROJECT DESCRIPTION lames P. Kaune, PE Thomas J. Oster, PLS Wray A. Childers, PLS It is our understanding the City of Dubuque wishes to construct a public street in the Dubuque Geoffry T. Blanain, PE Industrial Center West 8~' Addition to provide access to the proposed Hormel Facility. It is Mark C. Jobgen, PE ossible future develo ment ma occur alon this access at a later date. The ro ect will utilize Lauren N. Ray, PE/sE P P Y g P J Bradley J. Mootz, PE/SE topographic data already collected. The roadway consists of a 31' back to back roadway with the roadway widening to 45' in order to accommodate a right and left turn lane at the intersection with Chavenelle Drive. The project will also include street lighting, landscaping, installation of water main, storm sewer, and fiber conduit and junction boxes. The street design provides for 9" concrete paving on a 12" crushed stone base. Sidewalk will not be paved at this time, although the sidewalk berm will be graded to accommodate future sidewalk on the west side and future trail on the east side. Design services would include final design and development of construction documents to be civil Engineering Structural Engineering let as one contract. The bidding process will meet the requirements to maintain RISE Environmental Engineering ellglblllty. Municipal Engineering Transportation Engineering Scope of Services Architect Land Surveying Quality Control Testing The following list of services will be provided by or under the direct personal supervision of a Geotechnical Engineering Professional Engineer licensed to practice in the State of Iowa. A. Design Services 1. Meet with representatives of the City to clarify and define the requirements for the project, review available data and information and review the project site including determination of fiber optic network and landscaping requirements. 2. Make design calculations, grade determinations, set elevations, and layout street and drainage improvements including transition to widen the pavement at the intersection. 3. Prepare street, storm drainage, lighting, landscaping, fiber optic and water main drawings; evaluate materials; determine size; and select materials. Coordinate layouts with other utilities. 4. Prepare detailed working drawings (plans) and technical provisions (specifications) to develop and establish the requirements of the project to: 4155 Pennsylvania Avenue Dubuque, Iowa 52002-2628 IIW Engineers & Surveyors , P C (563) 556-2464 (563) 556-781 l fax Dubuque, IA Hazel Green, WI www.iiwengccom INTEGRITY b'XPERTISh'. SOLUT/ONS. Proposal - Chavenelle Court Design March 24, 2008 Page 2 of 6 a. Show the character and scope of work to be performed by the contractors on the project. b. Illustrate the relationship of the components of the projects. c. Fix and describe the size and character of the project. 5. Send a plan set to the area private utilities (electric, gas) to make them aware of the project configuration. 6. Prepare the form of contract and bidding documents, public notice, information for bidders, proposal form, bid bond forms, contractor's certification forms, agreement forms, and contractor's improvement bond. Incorporate City of Dubuque standard contract provisions and specifications, incorporate Iowa DOT Targeted Small Business (TSB) requirements, special contract provisions, and special instructions to the contractor. All contract documents should be reviewed by the Owner's legal counsel. 7. Attend one meeting with the Owner to review detailed drawings and specifications. 8. Incorporate changes required by Owner. 9. Prepare NPDES permit and submit to the Iowa DNR. 10. Provide copies of detailed plans, specifications, contract and bidding documents for Owner use. 11. Prepare a statement of Engineer's opinion of the construction cost for the project based upon completed designs so the costs of the various components of the project are identified. It should be noted construction cost estimates are no more than estimates reflecting the Engineer's best judgment or construction costs at the time the estimate is made and that actual construction costs based upon the bids received will vary. The Owner should be aware that construction costs are subject to factors such as supply and demand, inflation and availability of labor which are beyond the control of the Engineer. The Engineer cannot, therefore, guarantee the accuracy of estimates of construction costs. B. Construction Services I. Assist the Owner in obtaining construction bids by: a. Suggesting dates and times for receipt of bids. b. Notifying interested and qualified contractors and bulletins of the time and date of the receipt of bids and the general nature of the project. c. Providing copies of drawings, specifications and contract and bidding documents to interested and qualified contractors, material suppliers, and other interested parties. The Engineer may charge those requesting documents a reasonable cost therefor. d. Answering questions from contractors and suppliers and issuing addenda as necessary. e. Evaluating and determining acceptability of materials as may be proposed by contractors and suppliers. f. Attend the bid opening. 2. Assist the Owner in evaluating bids by: a. Reviewing bids for completeness and correctness. b. Tabulating bids received. c. Investigating qualifications of contractors. d. Investigating acceptability of proposed materials, suppliers and subcontractors. 3. Analyze bids and make recommendations to the Owner for award of contract(s) within three (3) days after the receipt of bids. Proposal - Chavenelle Court Design March 24, 2008 Page 3 of 6 4. Conduct preconstruction meetings with the Owner and contractors. 5. Consult with and advise the Owner and act as its representative as provided for in the construction contract general, supplemental and special conditions, as required. 6. Review illustrations, brochures, catalog data, and samples, the results of tests and inspections and other data which any contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents. 7. Issue all instructions of the Owner to the contractor and prepare routine change orders as required. Assumes two (2) change orders. Based on on-site observations and review of the contractor's applications for payment and supporting data, the Engineer shall determine the amount owed to the contractor and approve, in writing, payment to the contractor in such amounts; such approvals of payments shall constitute a representation to the Owner based on such observations and review, that the work has progressed to the point indicated and the quality of work is in accordance with the Contract Documents. By approving an application for payment, the Engineer shall not be deemed to have represented he has made any examination to determine how or for what purposes any contractor has used the moneys paid on account of the Contract Price. Assumes five (5) pay requests. 9. Conduct a final inspection to determine if the project has been substantially completed in accordance with the Contract Documents and if the contractor has fulfilled all of his obligations thereunder so the Engineer may approve, in writing, final payment to each contractor. 10. Provide interpretation of the drawings and specifications. 11. On site resident observation and testing. All work performed on-site by the Engineer during construction, except the preconstruction conference and the final inspection by the project Engineer shall be considered resident services during construction. This shall include periodic visits by the project Engineer to the construction site and the observation of construction by a qualified Resident Project Representative (RPR). The RPR shall be an employee of the Engineer and may be a design engineer or a technician. A design engineer or technician will make periodic visits and tests or perform regular on-site observation and testing as deemed necessary by the Engineer and approved by the Owner. 12. Provide staking for use by the contractor. The Engineer will provide staking for grading, paving and municipal utilities (Storm, Water, Lights & Fiber Optic) on a one-time basis. Stakes will be placed on each side of the paving at a reasonable offset and interval to indicate pavement location and elevation of the edge of pavement. Stakes will be provided at radius points. Offset stakes for utilities will be provided as follows: Three offsets for each catch basin (includes curb alignment and two offsets for outlet structure); one line of water main offsets at intervals of 50 feet, including hydrants, tees and bends; two offsets for each light pole base; two offsets for each fiber optic hand hole. Offset stakes for grading and paving will be provided as follows: One row on centerline for sub-grade at intervals of 50 feet. Two rows for curb & gutter, one on each side of the paving, will be provided at intervals of 25 feet. In addition, high and/or low points will be provided as deemed necessary by the Engineer. 13. Acquire information and prepare record drawings of construction. 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. Such person shall have complete authority to transmit instructions, receive information, interpret, and define Owner's policies and decisions with respect to Engineer's services for the project. .Proposal - Chavenelle Court Design March 24, 2008 Page 4 of 6 2. Provide all criteria and full information as to the Owner's requirements for the project, including design objectives and constraints. 3. Pay publication fees for required notices and publications. 4. Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by the Engineer, render decisions pertaining thereto within a reasonable time so as not to delay the services of the Engineer. 5. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services. COMPENSATION IIW proposes to complete the services described in Item A, Design Services for a Lump Sum of $43,000 (forty three thousand and no cents); Item B, Construction Services for an hourly rate basis and scheduled construction material testing expenses with a not to exceed fee of $49,100 (forty nine thousand one hundred dollars and no cents). These fees include all direct expenses. No reimbursable expenses are anticipated for this project. If reimbursable expenses may be incurred, Owner approval will be obtained prior to incurring expenses. GENERAL TERMS AND CONDITIONS General Terms and Conditions are a part of this Proposal. In addition to the conditions listed below, the City of Dubuque shall be owners of all documents including calculations, computer files, drawings, and specifications prepared by the Consultant for use in construction of this Project. Insurance provisions are on file with the City of Dubuque meeting the City of Dubuque Insurance Schedule C requirements. A copy of the certificate of insurance will be provided upon request. If the services and fees defined in this Proposal are acceptable, please return one signed copy to our office. Please do not hesitate to call if you have any questions. Sincerely, IIW ENGINEERS & SURVEYORS, P.C. Mike Jansen, P.E., S.E. Chief Executive Officer Principal Civil and Structural Engineer Attachment: General Terms and Conditions Cody Austin, P.E. Design Engineer I hereby accept this Proposal and General Terms and Conditions. Roy D. Buol Authorized Signature Proposal - Chavenelle Court Design March 24, 2008 Page 5 of 6 THE FOLLOWING GENERAL TERMS AND CONDITIONS SHALL APPLY TO THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN IIW ENGINEERS & SURVEYORS, P.C., HEREIN REFERRED TO AS THE CONSULTANT, AND THE CLIENT IDENTIFIED IN THE ATTACHED AGREEMENT. GENERAL TERMS AND CONDITIONS The Client shall provide all criteria and full information with regazd to his or her requirements for the Project, and shall designate a person to act with authority on his or her behalf with respect to all aspects of the Project. This shall include, but not be limited to, review and approval of design issues in the schematic design phase, design development phase, and contract documents phase. These approvals shall include an authorization to proceed to the next phase. Services beyond those outlined in the proposal may be required or be required as a result of unforeseen circumstances. The Consultant under terms mutually agreed upon by the Client and the Consultant may provide these services. For the scope of services agreed upon, the Client agrees to pay the Consultant the compensation as stated. Invoices for the Consultant's services shall be submitted, at the Consultant's option, either upon completion of any phase of service or on a monthly basis. Invoices shall be payable when rendered and shall be considered past due if not paid within 30 days after the invoice date. A service charge will be charged at the rate of 1.5% (18% true annual rate) per month or the maximum allowed by law on the then outstanding balance of Past Due accounts. In the event any portion of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. The Consultant shall secure and endeavor to maintain professional liability insurance, commercial general liability insurance, and automobile liability insurance to protect the Consultant from claims for negligence, bodily injury, death, or property damage which may arise out of the performance of the Consultant's services under this Agreement, and from claims under the Worker's Compensation Acts. The Consultant shall, if requested in writing, issue a certificate confirming such insurance to the Client. The Client and the Consultant each agree to indemnify and hold the other harmless, and their respective officers, employees, agents, and representatives, from and against any and all claims, damages, losses and expenses (including reasonable attorney's fees) to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages or expenses aze caused by the joint or concurrent negligence of Client and Consultant, they shall be borne by each party in proportion to its negligence. In recognition of the relative risks, rewards and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by the law, the Consultant's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses rising out of this Agreement, from any cause or causes, shall not exceed the amount of the Consultant's fee or other amount agreed upon. Such causes include, but aze not limited to, the Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. The Client and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association effective as of the date of this agreement. All documents including calculations, computer files, drawings, and specifications prepazed by the Consultant pursuant to this Agreement are instruments of professional service intended for the one time use in construction of this project. They are and shall remain the property of the Consultant. Any re-use without written approval or adaptation by the Consultant shall be at the Client's sole risk and the Client agrees to indemnify and hold the Consultant harmless from all claims, damages, and expenses, including attorney's fees, azising out of such reuse of documents by the Client and by others acting through the Client. Copies of documents that may be relied upon by the Client are limited to the printed copies (also known as hard copies) that are signed or sealed by the Consultant. Files in electronic media format or text, data, graphic, or of other types that are furnished by the Consultant to the Client aze only for convenience of the Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, the Consultant makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of softwaze application packages, operating systems, or computer hazdwaze differing from those used by the Consultant at the beginning of this project. The delivery of electronic information to Contractors is for the benefit of the Owner for whom the design services have been performed. Nothing in the transfer should be construed to provide any right of the Contractor to rely on the information provided or that the use of the electronic information implies the review and approval by the Design Professional of the information. Electronic information is drawings, Proposal -Chavenelle Court Design March 24, 2008 Page 6 of 6 data, modeled data, or computational models. It is our professional opinion that this electronic information provides design information current as of the date of its release. Any use of this information is at the sole risk and liability of the user who is also responsible for updating the information to reflect any changes in the design following the prepazation date of this information. The transfer of electronic information is subject to the approval of the Design Professional. Depending upon the type of information requested, and the format, a fee may be required for acquisition of the data, payable to the Design Professional. Contractors are required to submit 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. If this Agreement provides for any construction phase services by the Consultant, it is understood that the Contractor, not the Consultant, its agents, employees, or sub-consultants, is responsible for the construction of the project, and that the Consultant is not responsible for the acts or omissions of any contractor, subcontractor, or material supplier; for safety precautions, programs, or enforcement; or for construction means, methods, techniques, sequences, and procedures employed by the Contractor. When included in the Consultant's scope of services, opinions of probable construction cost aze prepared on the basis of the Consultant's experience and qualifications and represent the Consultant's judgment as a professional generally familiar with the industry. However, since the Consultant has no control over the cost of labor, materials, equipment, or services furnished by others; over contractor's methods of determining prices, or over competitive bidding or market conditions, the Consultant cannot and does not guazantee that proposals, bids, or actual construction cost will not vary from the Consultant's opinions of probable construction cost. The Client and the Consultant each binds himself or herself, partners, successors, executors, administrators, assigns, and legal representative to the other party of this Agreement and to the partners, successors, executors, administrators, assigns, and legal representative of such other party in respect to all covenants, agreements, and obligations of this Agreement. Neither the Client nor the Consultant shall assign, sublet or transfer any rights under or interest in (including but without limitations, monies that may be due or monies that aze due) this Agreement, without the written consent of the other, except as stated in the paragraph above, and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assigner from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Consultant from employing such independent consultants, associates, and sub-contractors, as he or she may deem appropriate to assist in the performance of services hereunder. It is acknowledged by both parties that the Consultant's scope of services does not include any services related to the presence at the site of asbestos, PCB's, petroleum, hazardous waste, or radioactive materials. The Client acknowledges that the Consultant is performing professional services for the Client and the Consultant is not and shall not be required to become an "arranger", "operator", "generator", or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA). The Client may terminate this Agreement with seven days (7) prior written notice to the Consultant for convenience or cause. The Consultant may terminate this Agreement for cause with seven (7) days prior written notice to the Client. The Client is obligated to pay for all services rendered up to the date the Consultant receives the written notice of intent to terminate. Failure of the Client to make payments when due shall be cause for suspension of services or ultimately termination, unless and until the Consultant has been paid in all full amounts due for services, expenses, and other related changes. This Agreement supersedes all terms and conditions contained on a purchase order typically procuring products. It is understood by both parties upon execution of this agreement that if a purchase order is issued, it is for accounting purposes only. Purchase order terms and conditions are void and aze not a part of our agreement. :mk. \\DENVER\DriveP\08\078\078-00\Admin\Agreement-Chavenelle-Court.doc -~~ March 24, 2008 ~ ~ ~ ~ ~\ ;~ Dave Heiar ~ - City of Dubuque Economic Development t1 50 West 13`~ Street _. , Dubuque, IA 52001 Z~, Re: Proposal for Professional Services ~~ Chavenelle Court Design IIW Project No: 08078-00 Dennis F. Waugh, PE/SE Charles A. Cate, PE Dear Dave: Gary D. Sejkora, PE Michael A. Jansen, PE/SE Ronald A. Balmer, PE/SE IIW Engineers & Surveyors, P.C. appreciates the opportunity to submit this Proposal for John M. Tranmer, Pls professional services for the Chavenelle Court Design project. Timothy J. Tranel, PE John F. Wandsnider, PE Julie P. Neebel, PE PROJECT DESCRIPTION James P. Kaune, PE Thomas J. Oster, PLS Wray A. Childers, PLS It is our understanding the City of Dubuque wishes to construct a public street in the Dubuque Geoffry T. Blanain, PE Industrial Center West 8~' Addition to provide access to the proposed Hormel Facility. It is Mark c. Jobgen, PE ossible future develo ment ma occur alon this access at a later date. The ro ect will utilize Lauren N. Ray' PE/sE P P )' g P J Bradley J. Mootz, PEisE topographic data already collected. The roadway consists of a 31' back to back roadway with the roadway widening to 45' in order to accommodate a right and left turn lane at the intersection with Chavenelle Drive. The project will also include street lighting, landscaping, installation of water main, storm sewer, and fiber conduit and junction boxes. The street design provides for 9" concrete paving on a 12" crushed stone base. Sidewalk will not be paved at this time, although the sidewalk berm will be graded to accommodate future sidewalk on the west side and future trail on the east side. Design services would include final design and development of construction documents to be Civil Engineering Structural Engineering let as one contract. The bidding process will meet the requirements to maintain RISE Environmental Engineering ehglblhty, Municipal Engineering Transportation Engineering Architectural Engineering Scope of Services Land Surveying Quality Control Testing The following list of services will be provided by or under the direct personal supervision of a Geoteehnical Engineering Professional Engineer licensed to practice in the State of Iowa. A. Design Services 1. Meet with representatives of the City to clarify and define the requirements for the project, review available data and information and review the project site including determination of fiber optic network and landscaping requirements. 2. Make design calculations, grade determinations, set elevations, and layout street and drainage improvements including transition to widen the pavement at the intersection. Prepare street, storm drainage, lighting, landscaping, fiber optic and water main drawings; evaluate materials; determine size; and select materials. Coordinate layouts with other utilities. 4. Prepare detailed working drawings (plans) and technical provisions (specifications) to develop and establish the requirements of the project to: 4155 Pennsylvania Avenue Dubuque, Iowa 52002-2628 I[ W Engineers & S u r v e y O C S, P C (563) 556-2464 (563) 556-7811 fax Dubuque, IA Hazel Green, W[ www.iiwengr.com /NTFGR/TY. F.XPERTlSF,. SO/,UT/ONS. Proposal - Chavenelle Court Design March 24, 2008 Page 2 of 6 a. Show the character and scope of work to be performed by the contractors on the project. b. Illustrate the relationship of the components of the projects. c. Fix and describe the size and character of the project. 5. Send a plan set to the area private utilities (electric, gas) to make them aware of the project configuration. 6. Prepare the form of contract and bidding documents, public notice, information for bidders, proposal form, bid bond forms, contractor's certification forms, agreement forms, and contractor's improvement bond. Incorporate City of Dubuque standard contract provisions and specifications, incorporate Iowa DOT Targeted Small Business (TSB) requirements, special contract provisions, and special instructions to the contractor. All contract documents should be reviewed by the Owner's legal counsel. 7. Attend one meeting with the Owner to review detailed drawings and specifications. 8. Incorporate changes required by Owner. 9. Prepare NPDES permit and submit to the Iowa DNR. 10. Provide copies of detailed plans, specifications, contract and bidding documents for Owner use. 11. Prepare a statement of Engineer's opinion of the construction cost for the project based upon completed designs so the costs of the various components of the project are identified. It should be noted construction cost estimates are no more than estimates reflecting the Engineer's best judgment or construction costs at the time the estimate is made and that actual construction costs based upon the bids received will vary. The Owner should be aware that construction costs are subject to factors such as supply and demand, inflation and availability of labor which are beyond the control of the Engineer. The Engineer cannot, therefore, guarantee the accuracy of estimates of construction costs. B. Construction Services 1. Assist the Owner in obtaining construction bids by: a. Suggesting dates and times for receipt of bids. b. Notifying interested and qualified contractors and bulletins of the time and date of the receipt of bids and the general nature of the project. c. Providing copies of drawings, specifications and contract and bidding documents to interested and qualified contractors, material suppliers, and other interested parties. The Engineer may charge those requesting documents a reasonable cost therefor. d. Answering questions from contractors and suppliers and issuing addenda as necessary. e. Evaluating and determining acceptability of materials as may be proposed by contractors and suppliers. f. Attend the bid opening. 2. Assist the Owner in evaluating bids by: a. Reviewing bids for completeness and correctness. b. Tabulating bids received. c. Investigating qualifications of contractors. d. Investigating acceptability of proposed materials, suppliers and subcontractors. 3. Analyze bids and make recommendations to the Owner for award of contract(s) within three (3) days after the receipt of bids. Proposal - Chavenelle Court Design March 24, 2008 Page 3 of 6 4. Conduct preconstruction meetings with the Owner and contractors. 5. Consult with and advise the Owner and act as its representative as provided for in the construction contract general, supplemental and special conditions, as required. 6. Review illustrations, brochures, catalog data, and samples, the results of tests and inspections and other data which any contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents. 7. Issue all instructions of the Owner to the contractor and prepare routine change orders as required. Assumes two (2) change orders. 8. Based on on-site observations and review of the contractor's applications for payment and supporting data, the Engineer shall determine the amount owed to the contractor and approve, in writing, payment to the contractor in such amounts; such approvals of payments shall constitute a representation to the Owner based on such observations and review, that the work has progressed to the point indicated and the quality of work is in accordance with the Contract Documents. By approving an application for payment, the Engineer shall not be deemed to have represented he has made any examination to determine how or for what purposes any contractor has used the moneys paid on account of the Contract Price. Assumes five (5) pay requests. 9. Conduct a final inspection to determine if the project has been substantially completed in accordance with the Contract Documents and if the contractor has fulfilled all of his obligations thereunder so the Engineer may approve, in writing, final payment to each contractor. 10. Provide interpretation of the drawings and specifications. 11. On site resident observation and testing. All work performed on-site by the Engineer during construction, except the preconstruction conference and the final inspection by the project Engineer shall be considered resident services during construction. This shall include periodic visits by the project Engineer to the construction site and the observation of construction by a qualified Resident Project Representative (RPR). The RPR shall be an employee of the Engineer and may be a design engineer or a technician. A design engineer or technician will make periodic visits and tests or perform regular on-site observation and testing as deemed necessary by the Engineer and approved by the Owner. 12. Provide staking for use by the contractor. The Engineer will provide staking for grading, paving and municipal utilities (Storm, Water, Lights & Fiber Optic) on a one-time basis. Stakes will be placed on each side of the paving at a reasonable offset and interval to indicate pavement location and elevation of the edge of pavement. Stakes will be provided at radius points. Offset stakes for utilities will be provided as follows: Three offsets for each catch basin (includes curb alignment and two offsets for outlet structure); one line of water main offsets at intervals of 50 feet, including hydrants, tees and bends; two offsets for each light pole base; two offsets for each fiber optic hand hole. Offset stakes for grading and paving will be provided as follows: One row on centerline for sub-grade at intervals of 50 feet. Two rows for curb & gutter, one on each side of the paving, will be provided at intervals of 25 feet. In addition, high and/or low points will be provided as deemed necessary by the Engineer. 13. Acquire information and prepare record drawings of construction. 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. Such person shall have complete authority to transmit instructions, receive information, interpret, and define Owner's policies and decisions with respect to Engineer's services for the project. Proposal - Chavenelle Court Design March 24, 2008 Page 4 of 6 Provide all criteria and full information as to the Owner's requirements for the project, including design objectives and constraints. 3. Pay publication fees for required notices and publications. 4. Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by the Engineer, render decisions pertaining thereto within a reasonable time so as not to delay the services of the Engineer. 5. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services. COMPENSATION IIW proposes to complete the services described in Item A, Design Services for a Lump Sum of $43,000 (forty three thousand and no cents); Item B, Construction Services for an hourly rate basis and scheduled construction material testing expenses with a not to exceed fee of $49,100 (forty nine thousand one hundred dollars and no cents). These fees include all direct expenses. No reimbursable expenses are anticipated for this project. If reimbursable expenses may be incurred, Owner approval will be obtained prior to incurring expenses. GENERAL TERMS AND CONDITIONS General Terms and Conditions are a part of this Proposal. In addition to the conditions listed below, the City of Dubuque shall be owners of all documents including calculations, computer files, drawings, and specifications prepared by the Consultant for use in construction of this Project. Insurance provisions are on file with the City of Dubuque meeting the City of Dubuque Insurance Schedule C requirements. A copy of the certificate of insurance will be provided upon request. If the services and fees defined in this Proposal are acceptable, please return one signed copy to our office. Please do not hesitate to call if you have any questions. Sincerely, IIW ENGINEERS & SURVEYORS, P.C. ~~ e ansen, P.E., S.E. Chief Executive Officer Principal Civil and Structural Engineer Attachment: General Terms and Conditions ~d ustin, P.E. Design Engineer I hereby accept this Proposal and General Terms and Conditions. Authorized Signature Date Proposal - Chavenelle Court Design March 24, 2008 Page 5 of 6 THE FOLLOWING GENERAL TERMS AND CONDITIONS SHALL APPLY TO THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN IIW ENGINEERS & SURVEYORS, P.C., HEREIN REFERRED TO AS THE CONSULTANT, AND THE CLIENT IDENTIFIED IN THE ATTACHED AGREEMENT. GENERAL TERMS AND CONDITIONS The Client shall provide all criteria and full information with regazd to his or her requirements for the Project, and shall designate a person to act with authority on his or her behalf with respect to all aspects of the Project. This shall include, but not be limited to, review and approval of design issues in the schematic design phase, design development phase, and contract documents phase. These approvals shall include an authorization to proceed to the next phase. Services beyond those outlined in the proposal may be required or be required as a result of unforeseen circumstances. The Consultant under terms mutually agreed upon by the Client and the Consultant may provide these services. For the scope of services agreed upon, the Client agrees to pay the Consultant the compensation as stated. Invoices for the Consultant's services shall be submitted, at the Consultant's option, either upon completion of any phase of service or on a monthly basis. Invoices shall be payable when rendered and shall be considered past due if not paid within 30 days after the invoice date. A service charge will be chazged at the rate of I.5% (18% true annual rate) per month or the maximum allowed by law on the then outstanding balance of Past Due accounts. In the event any portion of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attomey's fees. The Consultant shall secure and endeavor to maintain professional liability insurance, commercial general liability insurance, and automobile liability insurance to protect the Consultant from claims for negligence, bodily injury, death, or property damage which may arise out of the performance of the Consultant's services under this Agreement, and from claims under the Worker's Compensation Acts. The Consultant shall, if requested in writing, issue a certificate confirming such insurance to the Client. The Client and the Consultant each agree to indemnify and hold the other harmless, and their respective officers, employees, agents, and representatives, from and against any and all claims, damages, losses and expenses (including reasonable attorney's fees) to the extent such claims, losses, damages, or expenses aze caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages or expenses aze caused by the joint or concurrent negligence of Client and Consultant, they shall be borne by each party in proportion to its negligence. In recognition of the relative risks, rewazds and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by the law, the Consultant's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses rising out of this Agreement, from any cause or causes, shall not exceed the amount of the Consultant's fee or other amount agreed upon. Such causes include, but are not limited to, the Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. The Client and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association effective as of the date of this agreement. All documents including calculations, computer files, drawings, and specifications prepared by the Consultant pursuant to this Agreement are instruments of professional service intended for the one time use in construction of this project. They are and shall remain the property of the Consultant. Any re-use without written approval or adaptation by the Consultant shall be at the Client's sole risk and the Client agrees to indemnify and hold the Consultant harmless from all claims, damages, and expenses, including attorney's fees, arising out of such reuse of documents by the Client and by others acting through the Client. Copies of documents that may be relied upon by the Client are limited to the printed copies (also known as hard copies) that are signed or sealed by the Consultant. Files in electronic media format or text, data, graphic, or of other types that aze furnished by the Consultant to the Client are only for convenience of the Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, the Consultant makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the Consultant at the beginning of this project. The delivery of electronic information to Contractors is for the benefit of the Owner for whom the design services have been performed. Nothing in the transfer should be construed to provide any right of the Contractor to rely on the information provided or that the use of the electronic information implies the review and approval by the Design Professional of the information. Electronic information is drawings, Proposal -Chavenelle Court Design March 24, 2008 Page 6 of 6 data, modeled data, or computational models. It is our professional opinion that this electronic information provides design information current as of the date of its release. Any use of this information is at the sole risk and liability of the user who is also responsible for updating the information to reflect any changes in the design following the preparation date of this information. The transfer of electronic information is subject to the approval of the Design Professional. Depending upon the type of information requested, and the format, a fee may be required for acquisition of the data, payable to the Design Professional. Contractors are required to submit 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. If this Agreement provides for any construction phase services by the Consultant, it is understood that the Contractor, not the Consultant, its agents, employees, or sub-consultants, is responsible for the construction of the project, and that the Consultant is not responsible for the acts or omissions of any contractor, subcontractor, or material supplier; for safety precautions, programs, or enforcement; or for construction means, methods, techniques, sequences, and procedures employed by the Contractor. When included in the Consultant's scope of services, opinions of probable construction cost aze prepazed on the basis of the Consultant's experience and qualifications and represent the Consultant's judgment as a professional generally familiar with the industry. However, since the Consultant has no control over the cost of labor, materials, equipment, or services furnished by others; over contractor's methods of determining prices, or over competitive bidding or mazket conditions, the Consultant cannot and does not guarantee that proposals, bids, or actual construction cost will not vazy from the Consultant's opinions of probable construction cost. The Client and the Consultant each binds himself or herself, partners, successors, executors, administrators, assigns, and legal representative to the other party of this Agreement and to the partners, successors, executors, administrators, assigns, and legal representative of such other party in respect to all covenants, agreements, and obligations of this Agreement. Neither the Client nor the Consultant shall assign, sublet or transfer any rights under or interest in (including but without limitations, monies that may be due or monies that are due) this Agreement, without the written consent of the other, except as stated in the paragraph above, and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assigner from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Consultant from employing such independent consultants, associates, and sub-contractors, as he or she may deem appropriate to assist in the performance of services hereunder. It is acknowledged by both parties that the Consultant's scope of services does not include any services related to the presence at the site of asbestos, PCB's, petroleum, hazardous waste, or radioactive materials. The Client acknowledges that the Consultant is performing professional services for the Client and the Consultant is not and shall not be required to become an "arranger", "operator", "generator", or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA). The Client may terminate this Agreement with seven days (7) prior written notice to the Consultant for convenience or cause. The Consultant may terminate this Agreement for cause with seven (7) days prior written notice to the Client. The Client is obligated to pay for all services rendered up to the date the Consultant receives the written notice of intent to terminate. Failure of the Client to make payments when due shall be cause for suspension of services or ultimately termination, unless and until the Consultant has been paid in all full amounts due for services, expenses, and other related changes. This Agreement supersedes all terms and conditions contained on a purchase order typically procuring products. It is understood by both parties upon execution of this agreement that if a purchase order is issued, it is for accounting purposes only. Purchase order terms and conditions aze void and aze not a part of our agreement. mk. \\DENVER\DriveP\08\078\078-00\Admin\Agreement-Chavenelle-CouR.doc