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Bee Branch Creek Mitigation Plan
TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Creek Restoration Project Request for Proposal for the Bee Branch Historic District Mitigation Plan DATE: May 14, 2008 City Engineer Gus Psihoyos is recommending issuance of a Request for Proposal to identify a consultant to prepare and implement the Bee Branch Historic District Mitigation Plan as required for the Bee Branch Creek Restoration Project. I concur with the recommendation and respectfully request Mayor and City Council approval. "OVL. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dubuque DUB E ~.~1e~a~~ Masterpiece on tl~e Mississippi 2007 TO: Michael C. Van Milligen, City Mana er FROM: Gus Psihoyos, City Engineer SUBJECT: Bee Branch Creek Restoration Project RFP for the Bee Branch Historic District Mitigation Plan DATE: May 13, 2008 INTRODUCTION The purpose of this memo is to request authorization to release the attached RFP to identify a consultant to prepare and implement the Bee Branch Historic District Mitigation Plan as required for the Bee Branch Creek Restoration Project. BACKGROUND In December of 2001, the City Council formally adopted the Drainage Basin Master Plan (DBMP) prepared by HDR Engineering (Omaha, Nebraska). Based on the study, approximately 1,150 homes and businesses in the Bee Branch watershed are at risk of flood damage. The DBMP recommends several capital improvement projects that would reduce the threat of flood damage in the Bee Branch Creek Watershed. They are the Carter Road Detention Basin that was completed in the spring of 2004, the West 32nd Street Detention Basin that will be under construction this summer, and the Bee Branch Creek Restoration Project. In the spring of 2003, the City hired a consultant for the Bee Branch Creek Alignment Study. The main component of the study was to establish the optimum alignment for the proposed open waterway along its approximately 4,500-foot length (from 16th Street detention basin to 24th and Elm Streets) based on existing environmental, utility, social, and economic constraints. To that end, the consultant relied on the input from the ad hoc Bee Branch Citizen Advisory Committee. Comprised of impacted Bee Branch watershed residents, impacted property owners, senior citizens, a local parishioner, local PTA member, a developer, a state representative, and a Dubuque Board of Realtors member, the sixteen-member committee (BBCAC) recommended where the restored Bee Branch Creek should be located. The alignment was subsequently adopted by the City Council; it impacts 79 property owners. On November 6, 2006, the City Council authorized the City Manager to submit an application and subsequently approved the use of State Revolving Loan funds for the project. In December of 2006, the State approved the City's application, placing the project on the Iowa Finance Authority State Revolving Fund (SRF) loan program intended use plan. DISCUSSION From FY05 through FY09, the City Council adopted CIP budgets providing funds for property acquisition. To date, the City has purchased 32 properties. The Bee Branch project must meet the requirements of 36 CFR Part 800, Section 106 (Section 106 Process). The purpose of which is to assure that no unnecessary harm comes to historic properties as a result of federal action. In the case of the Bee Branch Creek Restoration project, both the issuance of a federal permit and the use of the State Revolving Fund loan program that was established with federal funds constitute a federal act. An intensive level architectural/historic survey and evaluation of the properties impacted by the Bee Branch project identified two potential historic districts: the East 22nd & Washington Street Historic District and the Rhomberg and Kniest District. Exhibit B (attached) shows the location of the adversely impacted properties determined to be historically significant. The three structures shown in the East 22nd & Washington Street Historic District can remain as only the rear. portion of the property is required for the Bee Branch Project. However, the Bee Branch Project requires the demolition/relocation of twenty four (24) structures within the Rhomberg and Kniest District. The City cannot deconstruct/remove any of the structures until the various regulatory agencies, including the State Historical Preservation Office (SHPO), become a party to a programmatic agreement outlining a satisfactory mitigation plan for the historic properties. Although they cannot comment officially at this point in the process, Ralph Christian (Historian) and Barbara Mitchell (Architectural Historian) of SHPO believe that if the impact to the historic properties is adequately mitigated, they would agree to the orderly deconstruction/removal of the structures acquired for the Bee Branch project. Based on their feedback, they indicated that the following mitigation which is reflected in the RFP would be acceptable: 1. Formal recordation of the historic buildings to be deconstructed/removed (24). This involves an architectural historian producing archival quality records, including such things as extensive photos and floor plans; 2. A nomination level survey of the East 22nd and Washington potential district. The district cannot be listed on the National Register without the permission of the landowners, but all the paperwork research can be done to make this district ready to apply; 3. A 14- to 30-page publication summarizing the history of the neighborhood, details of the construction of the buildings, who lived here, rationale for the original sealing of the Bee Branch/fouler Creek, etc.; and 4. A plan to salvage particular items or classes of items of significant interest. The consultant will prepare the programmatic agreement and supporting documents concurrently with the implementation of the mitigation plan outlined above. There is a small risk involved with implementing the mitigation plan prior to execution of the programmatic agreement. Before the end of calendar year 2008, almost all of the potentially significant properties will be vacant. Some have been vacant for many months already. And unfortunately, clusters of vacant properties tend to attract vandalism. In addition, vacant property tends to deteriorate. Therefore, City staff believes it wise to assume the small risk and prepare the programmatic agreement and supporting documents concurrently with the implementation of the mitigation plan to facilitate the timely deconstruction/removal of the structures. The proposed schedule for the projects is as follows: RFPs Released to the Public: May 20, 2008 Responses Due: June 16, 2008 Recommendation to City Manager: June 30, 2008 Potential Action by City Council: July 7, 2008 Project Initiation: ~ July 21, 2008 Project Completion: January 1, 2009 The following staff members will review the proposals and formulate a recommendation: 1. Teri Goodmann, Assistant City Manager 2. David Harris, Housing and Community Development Director 3. Laura Carstens, Planning Services Manager 4. Wally Wernimont, Assistant Planner 5. Deron Muehring, Civil Engineer II RECOMMENDATION I recommend releasing the attached RFP to the public. BUDGET IMPACT The estimate to prepare the programmatic agreement and implement the mitigation plan is $60,000. The work will be funded with the FY08 appropriation of $2,045,390 for design and engineering. The financing is from the previously established State Revolving Loan Funds, Iowa Finance Authority loan number PD-CW-06-39. ACTION TO BE TAKEN respectfully request authorization to release to the public the attached RFP for the Bee Branch Historic District Mitigation Plan. Prepared by Deron Muehring cc: Jenny Larson, Budget Director Teri Goodmann, Assistant City Manager Ken TeKippe, Finance Director David Harris, Housing and Community Development Director Laura Carstens, Planning Services Manager Wally Wernimont, Assistant Planner Deron Muehring, Civil Engineer II Attachs. REQUEST FOR PROPOSAL (RFP) Dubuque ISSUE DATE: May 20, 2008 THE CITY OF T T ~i D ~ CONTACT: Deron Muehring ru~wc~r N 5 70 t I' I f r `~-~ L AX NO 63 589 4205 . Masterpiece on the Mississippi EMAIL: dmuehrin@cityofdubuque.org zoos SUBMIT PROPOSAL/OFFER PRIOR TO: SUBMIT TO: CLOSING DATE: June 16, 2008 SEE Section 8.0 CLOSING TIME: 2:00 P.M. local time FAX/EMAIL NOT ACCEPTED DESCRIPTION: Bee Branch Historic District Mitigation Plan Prepare a mitigation plan and the required documents outlined therein for the Rhomberg Avenue/Kniest Street Historic District and the Washington Street Historic District. o RECEIPT OF PROPOSAL ACKNOWLEDGEMENT If you are considering a response to this RFP, please mark the box to the left, fill in the information below and return this sheet as a confirmation that you received this RFP. a NO RESPONSE REPLY If you do not want to respond to this RFP at this time, please mark the box to the left, fill in the information below and return this sheet onl . COMPANY NAME: DATE: MAILING ADDRESS: CITY/STATE: ZIP CODE: AUTHORIZED SIGNATURE: PRINTED NAME: TITLE OF AUTHORIZED REPRESENTATIVE: EMAIL: PHONE: THIS PAGE IS INTENTIONALLY BLANK Bee Branch Historic District Mitigation Plan THE CITY OF DUB E Masterpiece on the Mississippi Bee Branch Historic District Mitigation Plan ~~ j tt, t t. ~ .. ~ i ~ ° `'~ ~ ~ xr `- i -. _ .~ ,l - ~~~'~ ~~,s_ ~, t „u1=, , ~ ~.~ ._i's_ _ "_ ._._ ~ r'~ ~ - -- - tr:, .., ,~lJ'r '~ ~ ~.~ ~ ~ ~ 1 ?;~/ f' 'SJ/ ~. xr ~A .er ~ t i h j j ~ ly ~ ~~~ } _~ ~ i ye/ ~ ~~w,.',. ~ ~' I ~ ,~ '~ ~~ ~, a t ' t , a / s } ~. ,~ r , ~ o',' h ,. _- ,. ~. ~ -.- .. ~ k n 51 Y'~~ fd11. ~! r... .... .w~ .- ~ ,'~` ~ { ~~~ j ~ ~. `..~ ^; r "' j 4i~ ~ ~ .1 ~Yi '~ 1 r iii .' ; §° ~ ~~ ' I i "„~~ t't~ J ~~ DETAIL, ANDREAS ATLAS, 1875 REQUEST FOR PROPOSAL CITY OF DUBUQUE ENGINEERING DEPARTMENT Bee Branch Historic District Mitigation Plan Dubuque ~~ ~' 1 1 Zany Page 2 of 30 THIS PAGE IS INTENTIONALLY BLANK Bee Branch Historic District Mitigation Plan RFP ORGANIZATION Bee Branch Historic District Mitigation Plan Table of Contents: SECTION PAGE 1.0 Introduction .................................................................. 4 2.0 Project Objectives ......................................................... 5 3.0 Community Background ................................................... 6 4.0 Project Scope of Services ................................................ 6 5.0 City Resources ........................................ ... ... ... ... .......... 7 6.0 Information to be Included in the Proposal ........................... 8 7.0 Proposal Questions and Answers .................................. 10 8.0 Submission Requirements ................. .............................. 10 Appendix A Consultant Evaluation Selection Process ........................... 12 Appendix B RFP Rules and Protest Procedure ........ ... ... ... ................... 15 Appendix C Insurance Requirements ................................................. 17 Appendix D City of Dubuque Contract Terms and Conditions .................. 27 Appendix E Project Related Data ...................................................... 30 Bee Branch Historic District Mitigation Plan Page 3 of 30 THIS PAGE IS INTENTIONALLY BLANK Bee Branch Historic District Mitigation Plan Bee Branch Historic District Mitigation Plan THE CITY QF L~UB E Masterpiece orc the Mississippi Consultant Services Request for Proposal 1.0 INTRODUCTION The City of Dubuque, Iowa is soliciting proposals from qualified consultants to provide professional services for the Bee Branch Historic District Mitigation Plan. A number of North End properties have suffered from basement flooding over the past several years. With the hope of solving the problem, the City of Dubuque commissioned a nationally recognized engineering firm to quantify the magnitude of the problem and identify possible solutions. The findings were presented in the Drainage Basin Master Plan (DBMP) adopted by the City Council in 2001. The DBMP determined that over 1,150 homes and businesses in the vicinity of the buried Bee Branch storm sewer were found to be at risk of flood damage. Three projects were identified to address the problem. The Carter Road Detention Basin was completed in the spring of 2002 for $1.1 million. The design for the $4 million W. 32nd Street Detention Basin project is complete and construction should begin in early summer 2008. Both of these projects are upstream of the Bee Branch sewer. These detention basins will limit the amount of stormwater that can flow to the Bee Branch storm sewer. To eliminate the risk of flooding, a third project is required. The Bee Branch Creek Restoration Project involves the resurrection-reconstruction of the buried creek (Bee Branch/fouler Creek) that drained stormwater through the area over 100 years ago shown on page 2 in the lower left-hand corner of the detail from Andreas Atlas. In the spring of 2003, the City hired a consultant for the Bee Branch Creek Alignment Study. The main component of the study was to establish the optimum alignment for the proposed open waterway along its approximately 4,500-foot length (from 16th Street detention basin to 24th and Elm Streets) based on existing environmental, utility, social, and economic constraints. To that end, the consultant relied on the input from the ad hoc Bee Branch Citizen Advisory Committee. Comprised of impacted Bee Branch watershed residents, impacted property owners, senior citizens, a local parishioner, local PTA member, a developer, a state representative, and a Dubuque Board of Realtors member, the sixteen-member committee (BBCAC) recommended where the restored Bee Branch Creek should be located. The alignment impacts eighty (80) properties with total acquisition and deconstruction (or relocation) of fifty-seven (57) of the properties. On twenty-three (23) properties, a structure is not impacted. Bee Branch Historic District Mitigation Plan Page 4 of 30 At the same time that the Drainage Basin Master Plan was tackling the flooding issues, the properties impacted by the flooding were the subject of an intensive level architectural/historic survey and evaluation. Conducted in three phases, the areas subject to the intensive level architectural/historic survey and evaluation are shown in Exhibit A (enclosed). Exhibit A also shows where properties were evaluated with an Iowa Site Inventory. Two districts were identified: the East 22nd & Washington Street Historic District (Jacobsen) and the Rhomberg and Kniest District (Naumann & Jacobsen2). Exhibit B (enclosed) shows the location of the adversely impacted properties determined to be historically significant. The three structures shown in the East 22nd & Washington Street Historic District will remain as only the rear portion of the property is required for the Bee Branch Project. However, the Bee Branch Project requires the demolition/relocation of twenty four (24) structures within the Rhomberg and Kniest Historic District. As Exhibit B illustrates, reconstructing the Bee Branch from 24th Street to south of 16th Street will necessarily impact one of the districts. The selected consultant will be expected to complete the contracted scope of work in a persistent manner, under the general direction and coordination of the City's Engineering Department as authorized by the City Council. The City would like the Programmatic Agreement executed and the mitigation plan fully implemented by January 1, 2009. 2.0 PROJECT OBJECTIVES The objectives of the project are to: Produce a programmatic agreement; 2. Produce formal recordation documents of the buildings to be deconstructed (or relocated) from the Rhomberg and Kniest Historic District; 3. Produce a nomination level survey of the East 22nd & Washington Street Historic District; 4. Prepare a publication summarizing the history of the Rhomberg and Kniest Historic District detailing the construction of the buildings, who lived there, rationale for enclosing the Bee Branch (fouler Creek), etc.; and 5. Outline a salvage plan that may involve the donation of materials to the local rehab group, donated materials to a local salvage company, or temporarily storing specific materials of interest to SHPO. James E. Jacobsen, The Architecture and Historical Resources of Dubuque, Iowa, 1837-1955: Phase I Historical -and Architectural Survey Report, January 15, 2002 z Molly Myers Naumann & James E. Jacobsen, The Architecture and Historical Resources of Dubuque, Iowa, 1837-1955: Phase II Historical and Architectural Survey Report, January 15, 2002 Bee Branch Historic District Mitigation Plan Page 5 of 30 3.0 COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a population of approximately 60,000 people. The City's annual operating and capital budget is nearly $108 million and funds a full range of services. The City's web site is www.cityofdubugue.org. As Iowa's oldest city, Dubuque has a substantial collection of historically and architecturally significant structures. Five of Dubuque's six National Register districts are in and around Downtown. The Downtown area includes the central business district, transitional mixed-use neighborhoods north, west and northeast of downtown, and an industrial district on the east. 4.0 PROJECT SCOPE OF SERVICES Although the scope of services or the project plans may be divided, truncated, phased, or expanded at the sole discretion of the City of Dubuque, the proposal shall outline the means and methods by which the consultant will provide the scope of services identified herein. 4.1 Project Management The consultant shall identify one person to serve as the Project Manager for this project. The Project Manager shall be the primary point of contact for the exchange of all information between the city and consultant team. The Project Manager will be required to perform the following: 4.1.1 Keep the project on schedule. The City expects the consultant to be the driving force to push the project toward completion. Maintain an updated project schedule for the duration of this project; 4.1.2 Prepare and submit to the City a bulleted progress report for the project on a monthly basis. The summary shall contain a list of major events and accomplishments that occurred over the previous four weeks; 4.1.3 Work closely with all regulatory agencies as necessary (IDNR, SHPO, USACE, USEPA, etc.) to ensure execution ~ of the programmatic agreement and acceptance of the elements of the mitigation plan outlined therein; and 4.1.4 Secure contact of and communication with property owners, public agencies, and other parties of interest in person and through written correspondence necessary to complete the requirements of this project. Bee Branch Historic District Mitigation Plan Page 6 of 30 4.2 Develop Programmatic Agreement The consultant shall prepare a programmatic agreement and the documents that support the findings and the mitigation plan for the East 22nd & Washington Street Historic District and the Rhomberg and Kniest Historic District. The City received unofficial feedback from the State Historical Preservation Office (SHPO) regarding the mitigation that will be required. It is listed below as part of the scope. 4.3 Implement the Mitigation Plan Utilizing the intensive level architectural/historic survey and evaluation for the impacted area, the consultant shall provide the following documents for implementation of the Mitigation Plan. 4.3.1 Formal recordation of the historic buildings to be deconstructed/removed (24). This work may involve an architectural historian producing archival quality records, including such things as extensive photos and floor plans; the extent of documentation shall be determined through the programmatic agreement. 4.3.2 Nomination Level Survey of the East 22nd & Washington Street Historic District. The consultant shall prepare this survey in accordance with the programmatic agreement. 4.3.3 Publication that documents the history of the Rhomberg and Kniest District. It is anticipated that this document will be a 14- to 30-page publication summarizing the history of the neighborhood, details of the construction of the buildings, who lived here, rationale for the original sealing of the Bee Branch/fouler Creek, etc. The consultant shall prepare this document in accordance with the programmatic agreement. 4.3.4 Plan to salvage materials in accordance with the programmatic agreement. 5.0 CITY RESOURCES 5.1 Use of City Resources for the RFP Preparation All information requests shall be directed to the City's Project Manager as detailed in Section 7.0 of this request for proposal. 5.2 Material Available for the RFP See Appendix E. 5.3 City Resources Available to the Selected Consultant Bee Branch Historic District Mitigation Plan Page 7 of 30 The City will make DAGIS (Dubuque Area Geographical Information System) data (contours, property lines, property ownership, systems and aerial photography) available for this project. 6.0 INFORMATION TO BE INCLUDED IN PROPOSAL The submitted proposal should address all aspects of the required work discussed in this RFP, including any cost information which should be included in the submittal and clearly titled "Project Cost Estimate". The proposal should be prepared simply and economically, providing astraight-forward, concise description of the consultant's capabilities to satisfy the requirements of the RFP. To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the manner specified below. While additional data may be presented, the following subjects must be included. They represent the criteria against which the proposal will be evaluated. 6.1 Letter of Transmittal Provide a letter of transmittal briefly outlining the Proposer's understanding of the work and list the project manager's name, address, telephone number, fax number and a-mail address. The name that is provided for the project manager will be used as the primary contact during this RFP process. 6.2 Index Each proposal shall contain a table of contents that delineates each section contained in the proposal and the corresponding page number. 6.3 Profile of Firm Provide general background information about the firm and its areas of expertise as they relate to this RFP. Include information about the key project team members who will be assigned to the project and their areas of expertise that will be utilized on the project. Include a flow chart that shows the communication path between the city and key project team members. Include all project team members on the flow chart and show the supervisory relationship between all members of the team. 6.4 Proposed Project Team Qualifications Describe the experience and success of the Firm and key personnel proposed for the Dubuque project, in performing similar projects. Specifically include any experience and success the firm or key personnel have in working on the elements identified in the scope of services outlined herein. Bee Branch Historic District Mitigation Plan Page 8 of 30 Include at least 3 client references (including individual contact name and telephone numbers) from similar projects that have been completed in the last five (5) years AND the list the names of project team members proposed for the Dubuque project who have worked on the referenced projects. Describe the name and location of other sub-contracting firms that would be used by the Consultant during the project. List the approximate percentage of the work that would be performed by each of these firms. Briefly describe any relevant experience and qualifications of the sub-contracting firm. 6.5 Scope of Services Describe the means or strategy by which the Consultant would satisfy the Scope of Services. Include a copy of the sub consultants completed Work Breakdown Structure (WBS) for the project (See Appendix E), and clearly mark the services which your firm will provide as main consultant. Only mark services that are included in your proposed fee. At a minimum, the submitted WBS should include the services required by the RFP. The Consultant should indicate in the WBS any work items that are expected to be completed by City staff. 6.6 Proposed Project Schedule Provide a schedule outlining the time period and estimated completion date of the proposed scope of work. The schedule should identify the timeframe to complete each element of the scope and all deliverable reports/documents required throughout the project. The City would like the Programmatic Agreement executed and the mitigation plan fully implemented by January 1, 2009. 6.7 Certificate of Insurance The selected firm will be required to meet the City's insurance requirements for professional services. (See Appendix C.) 6.8 Fees and Compensation Provide a fixed fee budget for completion of the proposed scope of services with cost breakdowns by major scope element. The Consultant will be progressively paid for the earned value of progress made for each major scope element completed, plus reimbursable expenses, subject to the agreed upon Not-to- Exceed amount as written in the signed contract. Invoices shall be paid on a monthly basis. Quotation of fees and compensation shall remain firm for a period of at least 60 days from the RFP submission deadline. Bee Branch Historic District Mitigation Plan Page 9 of 30 7.0 PROPOSAL QUESTIONS AND ANSWERS If you have any questions concerning this proposal, or other technical questions, please submit your requests to the City's designated Project Manager. The City has used considerable efforts to ensure an accurate representation of information in this RFP. Each Proposer is urged to conduct its own investigations into the material facts provided. No answers given in response to questions submitted shall be binding upon this RFP unless released in writing (letter, fax or email) as an officially numbered and titled addendum to the RFP by the City of Dubuque. From the date of issuance of the RFP until final City action, the Proposer shall not discuss the RFP with or contact any other City of Dubuque staff or any of the Selection Committee members except as expressly authorized by the City's designated Project Manager identified in this section (Section 7.0) for this proposal. Violation of this restriction will be considered a violation of the rules and be grounds for disqualification of the Proposer's proposal. The Project Manager contact information is as follows: Deron Muehring. City of Dubuque Engineering Department 50 West 13th Street Dubuque, IA 52001 Phone 563.589.4270 Fax: 563.589.4205 E-mail: dmuehrin@cityofdubuque.org 8.0 SUBMISSION REQUIREMENTS Before submitting a proposal, each Proposer shall make all investigations and examinations necessary to ascertain site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the Proposer will rely. PROPOSAL SUBMITTAL INFORMATION ^ Submittal Deadline: June 16, 2008 on or before 2:00 p.m. CST ^ Submittal Mailing Address: City of Dubuque Engineering Department c/o Deron Muehring 50 West 13th Street Dubuque, Iowa 52001-4864 ^ Submittal Copies: Five (5) hardcopies and one electronic (pdf) copy of the proposal shall be provided. Bee Branch Historic District Mitigation Plan Page 10 of 30 Submit one (1) original signed proposal and four (4) copies all labeled Bee Branch Historic District Mitigation Plan. Submitted proposals must be in delivered in printed format. In addition, supply one (1) electronic version of the proposal in Adobe Acrobat format. No faxed or a-mail proposals will be accepted. The proposal must be a document of not more than twelve (12) numbered 8-1/2 x 11-inch pages, not including the letter of transmittal, index, project schedule, dividers and the front and back covers. Proposals should not include any pre-printed or promotional materials. Any proposals exceeding 12 numbered pages may not be considered. The original proposal document shall be signed in blue ink by an officer of the company who is authorized to legally bind the Proposer to its provisions. Proposals are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than sixty (60) calendar days from the proposal closing date is required. Each Consultant assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. Any proposals received after the submittal deadline will not be considered, and will be returned unopened to the Proposer. The City of Dubuque will not be responsible for any loss or delay with respect to delivery of the proposals. The City of Dubuque is not liable for any cost incurred by any Consultant prior to the execution of an agreement or contract. Nor shall the City of Dubuque be liable for any costs incurred by the firms in responding to this RFP and those not specified ~in any contract. All results from this project will remain the property of the City of Dubuque. Thank you for your consideration and interest in the project. Sincerely, ~/~ __. _ --~ Deron Muehring Civil Engineer II City of Dubuque Bee Branch Historic District Mitigation Plan Page 11 of 30 Bee Branch Historic District Mitigation Plan THE CTIY qF ~ ter. I~uB ~ Masterpiece on tj~e Mississippi Consultant Services Request for Proposal Appendix A Consultant Evaluation and Selection Process THIS PAGE IS INTENTIONALLY BLANK Bee Branch Historic District Mitigation Plan INITIAL EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. A selection committee of City of Dubuque personnel will review qualifying proposals and select Firms for placement on the Consultant short-list for the project. Consultants may be invited to an interview with the selection committee. The following criteria are among those that will be used to initially evaluate submitted proposals: A review of qualifying proposals will identify the potential consultant/firm which most closely meets the needs of the City of Dubuque. ^ Qualifications and experience of the consultant/firm - reference checks, achievements and completion of similar projects within the past five years. Experience preparing recordation documents, nomination level surveys, and associated publications that meet or exceed SHPO expectations. ^ Project Team -qualifications and experience of the principal consulting staff proposed to work on the project, availability, and qualifications and availability of any subcontracted staff. Experience working with SHPO on similar undertakings. ^ Grasp of project requirements and understanding of project scope- the consultant's/firm's analysis, preparation and level of interest. ^ Design approach/methodology in completing scope of services -technical alternatives, creativity and problem solving ability. ^ Responsiveness and compatibility between consultant/firm and the City of Dubuque- general attitude, ability to communicate. ^ Proposed schedule required to complete project-ability to complete the project in a timely manner within budget. ^ Proposed cost to complete project. CONSULTANT SHORT-LIST EVALUATION CRITERIA A selection committee may or may not interview short-listed firms. If interviews are held, both the original submitted proposal and the results of Consultant interview may be used to evaluate consultants. In addition to the evaluation criteria listed above, interviews will be judged on the consultant's: ^ Responsiveness and compatibility with the City; ^ General attitude and ability to communicate; ^ Ability of the Consultant to communicate ideas through prepared documents and presentations; Page 13 of 30 ^ Ability to listen, be flexible, and follow and/or implement direction and/or ideas or concepts; ^ How the Consultant team would interact with the general public, City staff, and public officials; and ^ Proposed fee in relationship to the services offered. The City may also review direct and indirect references of previous work product. The City may utilize site visits or may request additional material, information, presentations from the Proposers) submitting the proposals. SELECTED VENDOR FEE NEGOTIATION PROCESS Upon the successful completion of Consultant interviews, the committee shall recommend the selection of a Consultant to the City Manager. The City Manager may in turn make a recommendation to the City Council. A finalized scope of work and fee structure shall be directly negotiated with the Firm that is selected by the Dubuque City Council. After the City Council grants authority to negotiate a final scope of work and execute a contract for the project, the Consultant shall prepare and submit to the City a separate Work Breakdown Structure (WBS) to reflect the Firm's approach to the project. The City's WBS (see Appendix E) shall be used by the Consultant. The WBS, at a minimum, should include work tasks for each of the components outlined in the RFP, a separate line item for each deliverable, and the WBS should include project management as a separate task. Each major task/scope element of the WBS shall have a defined cost and schedule. The consultant shall indicate in the WBS the work tasks that will be completed by City staff. Once the selected consultant has prepared the WBS, the final scope of work for the project will be negotiated with the City by joint revision to the WBS in order to best meet the goals of the project while considering available funding. During the negotiation process, tasks to be completed by City staff, work reassignment to different project team members, and addition or elimination of tasks may be modified on the WBS in order to achieve the best overall results for project. The selected consultant shall be responsible for preparing and revising the final WBS. When the final scope has been determined and a design fee has been negotiated and the WBS has been finalized, the consultant shall incorporate the WBS into the contract documents being prepared for signature. The Consultant shall also include in the final contract documents, the language contained in Appendix D -City of Dubuque Contract Terms and Conditions. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that offerer. Otherwise, negotiations with the offerer ranked first shall be formally terminated and negotiations commenced with the Consultant ranked second, and so on until a contract can be negotiated that is acceptable to the City. Page 14 of 30 THE CITY OF ~ ~,,,. DUB E Bee Branch Historic District Mitigation Plan Masterpiece on the Mississippi Consultant Services Request for Proposal Appendix B RFP Rules and Protest Procedure Page 15 of 30 THIS PAGE IS INTENTIONALLY BLANK Bee Branch Historic District Mitigation Plan MINOR IRREGULARITIES The City reserves the right to waive minor irregularities in submitted proposals, providing such action is in the best interest of the City. Minor irregularities are defined as those that have no adverse effect on the City's best interests, and will not affect the outcome of the selection process by giving the Proposer an advantage or benefit not enjoyed by other Proposers. EXCEPTIONS Proposer exceptions to any part of the requirements stated in this request must be clearly identified as exceptions and noted in the transmittal letter and in the submitted budget. RANKING OF THE PROPOSALS No debriefings or scoring information shall be released before the City Manager has recommended that a contract be negotiated with a firm. DEFINITIONS The City has established for the purposes of this RFP that the words "shall", "must", or "will" are equivalent in this RFP and indicate a mandatory requirement or condition, the material deviation from which shall not be waived by the City. A deviation is material if, in the City's sole discretion, the deficient response in not in substantial accord with this RFP's mandatory conditions requirements. The words "should" or "may" are equivalent in this RFP and indicate very desirable conditions, or requirements that are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not in and of itself cause automatic rejection of a proposal, but may result in being considered as not in the best interest of the City. DISPUTES/EXCEPTIONS Any prospective Proposer who disputes the reasonableness or appropriateness of any item within this RFP document, any addendum to this RFP document, notice of award or notice of rejection shall set forth the specific reason and facts concerning the dispute, in writing, within five (5) business days of the receipt of the proposal document or notification. The written dispute shall be sent via certified mail or delivered in person to the point of contract set forth in Section 7.0, who shall review the written dispute and work with the City Manager to render a decision which shall be considered final. Page 16 of 30 THIS PAGE IS INTENTIONALLY BLANK Bee Branch Historic District Mitigation Plan Tx~ crzx a~ ~~. I~UB E Bee Branch Historic District Mitigation Plan Masterpiece an the Mississippi Consultant Services Request for Proposal Appendix C Insurance Requirements Page 17 of 30 THIS PAGE IS INTENTIONALLY BLANK Bee Branch Historic District Mitigation Plan INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shat) 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 Gity 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 shall 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 $1,040,000 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 1 of 2 January 2008 Page 18 of 30 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 ar exclusions from the standard IS© commercial general liability form CG 0001 or Business owners BP 0002 shall be clearly identified. Farm CG 25 04 03 97 'Designated Location {s) General Aggregate Limit' shag be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: The City of Dubuque, including all its e~cted 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 General Liability including "ongoing operations" coverage equivalent to ISQ CG 20 10 07 04. b} Automobile $1.000.000 combined sinole limit. c} WORKERS COMPENSATION ~ 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 $1,000,000 e) UMBRELLA/EXCESS LIABILITY "Coverage and/or limit of I'rability to be determined on a case-by-case basis by Finance Director. Completion Checklist ^ Certificate of Liability Insurance (2 pages) ^ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) ^ Additional Insured CG 20 10 07 04 ^ Governmental Immunities Endorsement 2af2 January 2008 Page 19 of 30 ~ A~~~ CERTIFICATE OF LIABILITY INSURANCE I °~T;""""" ~ aROpueER (563)123-456'7 2nsurance Agency StJ:eet Address 1N91tREp Company Street FAX (563) 987-6543 CERTIFICATE EXTEND OR COVERAGES THE POLICIES Of INSURANCE LISTED BELOW HAVE BEER ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWfTHSTANDING ANY REQUIREMENT, TERM OR CONDITION Of ANY CONTRACTOR OTHER OOCtIMENT WITH RESPECT TD WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLlC9ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~~ VE Y ~ ~ ~ ~ L ~~T~ TYPEOFfNBURANCE POLICY NUMBER M70D lYY D~TE M W1 T E M LIMITS GENERAL IIABkfTY EACH OCCUtUtENCE f 1 , 000.000 X COMMERCUH. GENERAL LIABILITY P~IZEh118E3 EaENaoa rlNioe,~ f..._..., 5O , 000 A X CUUMS MADE ^X OCCUR MED EXP An aw xenon y 5 , 000 PER$ONAlBApVINJURY f 1,000,000 GENERAL AGGREGATE S Z , OOO a OOO GEN'L AGGREGATE IIM iT APPLIES PER- PR0l7UCTS • CQMPIOP AGG f 1, OOO , OOO p A POLICY X CT LOC AUT OMOBILE LUIBIUTY COMBINED SINGLE LIMIT f 1,000,000 X ANY AUTO (Esaoeidsn) A Alt OWNED AUTOS BODILY IN,#URY SCHEOLX.EO AUTOS (POr ~Ixon) f HIRED AUTOS BOORY INJURY NON-ONMEO AUTOS IPar aoadentl y PROPERTY DAMAGE (Per aeadatt} y GARAGE LIABILITY AUTO ONLY-FA ACCIDENT f ANY AUTO OTHER THAN ACC y AUTO ONLY AGG S A ' EXCESSNMBRELtA LIA&LITY H RR S 1, OOO, OOO X OCCUR ~ CLAgdS MADE AGGREGATE f 1, 000 , D00 f OEOUCTIBLE ~~/ f X RETENTION f 0 y A WORKERS COMPt7iSAT10N AND ' ~~ X TORYSIAa1~5 ER EMPLOYERS LMBII.tTY ANY PROPR~'TORIPARTNEPoE)CECUTAIE ~~ E.L EACH ACCa}ENT f 100,000 OFFK:ERfA~MBER EXClUpEO'+ H ~ EL DtSE/45E-EA EMPLOYEE f ZOO,OOO Y~ ~~undm SPECIAL PROVISIONS below E L. DISEASE • POLICY LIMIT f 500, 000 A oTMER professional $1,000,OQO Liability Ol.SCRIPTION OF OPERATIONSf1.OCAT10N8lYEiBCi.EEIEXCLUSK)NS ApOED BY ENDORSEIAENTfSPEGAt PROVISIONS The City of Dubuque is an additional insured on general liability policies including ongoing i coaplatad operatioas coverage aquivalant to ISO CG 2020 0704 i CG 2037 0704. General Liability policy i• primary loon-contributing. Form CG 2504 0397 ^Dasignated Locations" general liability aggregate lim3.t is included. Governmental immunities endorsement is included. City of Dubuque 50 west 13th Street Dubuque, IA 52001 $NOIriA ANY OF THE ABOVE pESCweED POLICiHS BE CAtiCELLEO BEFORE THE EXWRAROM DATE THEREOF, THE ISSUING INSURER Mftt BNDEAVE?R TQ MAIL 3O DAYS WAiT'TEN NOTICE Tp IRE CERTIFlCATE HOLDER NAM® TO THE LEFT, BUT FAAAIRE TO DO BO SHALL R1P08E NO OBLIGATION OR LU181LITY OF ANY Kph UPON THE AU1XOiaZEp fLEPRESENTATIVE acoRD zs tzoolros~ IN3025(DroBlDS A1A5 VMP Mort98Ge SGArt+WI6 1190 fiX)DI32T-0545 Page 20 of 30 ®ACORD CORPORATION 1988 Page l d 2 IMPORTANT If the certifixate 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 certificate does not confer rights to the certificate holder in lieu of sudt endorsement(s). DISCLAIMER The Certificate 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. C~ e SP ~f~ i~nas ACORD 2ti (2001108) tNS025 Coiae~ off AMS reDe z or z Page 21 of 30 POLICY NUMBER: COMMERCIAL GENERAL. LIABILITY CG 25 04 03 9T THIS ENDORSEMENT CHANGES THE POLtCY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIt?N{S} GENERAL AGGREGATE LIMIT This endorsement modes 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 wil! be shown in the Declarations as applicable to this endorsement.) A. For alt sums which the insured becomes legs#ly obligated to pay as damages caused by `occur- rences' under COVERAGE A (SECTION I), and for all medical expenses caused by accdents under COVERAGE C (SECTION I'), which can be attributed only to operations at a s#ngle 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 Gaims 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 offer designated "location` shown in the Schedule above. 4. The limits shown in the Declarations far Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown 'sn the Declarations, such limits will be subject to the applicable Designated Location Generai Aggregate Limit. B. 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- 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- nated Locatlnn general Aggregate limit. CG 25 t>4 03 97 Page 1 of 2 Page 22 of 30 CG 25 t)4 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-Gompeeted Operations Ag- gregate Limit, and not red~e the General Ag- gregate Limit nor the Designated Location Gen- era! Aggregate Limit. D. For the purposes of this endorsement, the DsfI- 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 (SEGTION ill) not otherwise modified by this endorsement shall continue to apply as stipulated. Gopyright, Insurance Services Office, Inc., 1998 Page 2 of 2 CG 25 04 t?3 97 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY . CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANtZAT10N 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, includjng 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 wired to com lets 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 ?. I he acts or omissions of those acting on your behalf; CG 20 10 07 04 in the performance of your ongoing operations for the additional insureds} at the tocation(s} desig- nated above. S. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply #o "bodily injury" or °N~uNciiy ifo~~~oye" 4'~v11'n'iil+~ bft6~: Page 1 of 2 Page 24 of 30 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) W be perforated by or on behalfi of the additiona} insured{s) at the IocaUon of the covered operations has been compCeted; 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 parson or orgarriza6an other than another contractor or subcontractor engaged in performing operations for a princa 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 O ISO Properties, Inc., 2004 Ct3 20 10 O7 04 Page 25 of 30 CITY OF DUBUQUE, IOWA GOVERNMENTA[_ 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 far 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 1of1 January 2008 Page 26 of 30 THIS PAGE IS INTENTIONALLY BLANK Bee Branch Historic District Mitigation Plan TFtE CtTX OF Dus ~ Bee Branch Historic District Mitigation Plan Masterpiece on tF:e Mississippi Consultant Services Request for Proposal Appendix D City of Dubuque Contract Terms and Conditions Page 27 of 30 THIS PAGE IS INTENTIONALLY BLANK Bee Branch Historic District Mitigation Plan TERMS AND CONDITIONS The following clauses shall be included in the final signed contract: 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 change 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 Cify 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 Insurance Schedule. 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 Contract, 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 & 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 Page 28 of 30 to be constructed as a limitation of the Cify'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 restriction or limitations on 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 Cify'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 Cify may reuse or make modifications to the electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse thereof. 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. Page 29 of 30 THE C1TX OF r. T T_R ,~ V ~.J Bee Branch Historic District Mitigation Plan Masterpiece on the Mississippi Consultant Services Request for Proposal Appendix E Project Data -Enclosed CD has the following documents: The Architecture and Historical Resources of Dubuque, Iowa, 1837-1955: Phase I Historical and Architectural Survey Report, January 15, 2002 The Architecture and Historical Resources of Dubuque, Iowa, 1837-1955: Phase II Historical and Architectural Survey Report, January 15, 2002 The Architecture and Historical Resources of Dubuque, Iowa, 1837-1955: Phase III Historical and Architectural Survey Report, June 19, 2003 The Architecture and Historical Resources of Dubuque, Iowa, 1837-1955: Post Phase III Version, June 24, 2003 Site Inventory Form, State Historical Society of Iowa, Site Inventory No. 31-03371, East 22nd Street and Washington Street Historic District Site Inventory Form, State Historical Society of Iowa, Site Inventory No. 31-03479, Rhomberg and Kniest Street District Exhibit A, Architectural/Historical Significance -Study Area Exhibit B, Architectural/Historical Significance -Affected Structures Bee Branch Creek Alignment Study Report (includes preliminary design elements) City of Dubuque Work Breakdown Structure (WBS) Page 30 of 30 THIS PAGE IS INTENTIONALLY BLANK Bee Branch Historic District Mitigation Plan Exhibit A Architectural/Historical Significance -Study Area ~ ~ MERZ `f \..1 • . I . ~~. ~Q~~ ~ ~ ~ ~ ~ ~p`o , Q, •• ,r ~ ~, ~ ~ ~ ~ ~ _. ; , a s Eo~s~" 1 ~; • ;~ ~ ~ , ,t N± 4 ~ ~ + r Kam, 1 ~ ~ ~ ,- \\ * `'. +yir 'j ~ ~ w ~I ~~ ~ ~~* w1 a ,,: e , ~, ~ ~ , , s «. r ; ; J.- ~ ~ ~ i/ ~ ~ ~ ~ ~- ', ~ I~ ~~~ ,~ • ' r r ~ 1' ~~~ • ~ ~ ~- ~~ + ,~"; ~ ~ ~ r ,, ~~`~, ~, ~. • ~~ Q~~ ~ -°'`g° ~ ~~ '~ ,`ss' ,,~ ~~ • ~ ~.. ~, ,~• ~ i~ ~a f ~~ ~ ~. ~ ~~ ~, '~ '. -~ ,~, 18~N , -.. S j g ~ =- ~ ~ 4 ~ ~. h t K ' ~~-~ tl S~ ~~ ~- .~1~;~,~~ ,~ ` ~"' '~~ e~ ;'! Legend ~` ~ `" } ~.t ~- -~.~~ ~~ ~ ~ ~~ ~% ~ Bee Branch Creek Boundary ~'Y, #\ l--y' -Iowa Site Inventory Properties '~~~j`~'~~ ~~; ~%',,.-' e ~ Rhomberg and Kniest District ~% ~- ~, 4 ~s ~ East 22nd ~ Washington Street Historic District ~ ~~~ ~ ~ O Architectural/Historic Survey/Evaluation Boundary -Phase I ~~.~ '' 0 Architectural/Historic Survey/Evaluation Boundary -Phase II 1 ~~ ;'~ ~ Architectural/Historic Survey/Evaluation Boundary -Phase III Exhibit B Architectural/Historical Significance -Affected Structures ~ ¢p` _,,- C, ~,l i - -- I1 ~ \ ti yy L ~ + ' _ "~ ~ ~+s ~ - _ - - ~ 1 c _,~ (~ I ~, ~RLTHAUSER < '-~ r = z ., r _ n ~; ~- ti , _. ~ ,~<a ~ _~ - - - __ ,_ 3 i __ ~ - c.. ~ j.- ~; `~ T; - ~°-aas C_ a ~ ~ ,~ ° r~~~' ,, 1 .may i '~ s \ ~ ` ~, ~ ~ , ~ , ,+..- t_~ ~ c 1, ~~~.~~ }"^` ~ 1 _ . , -~ ~ a ..,~. ~ _ , ~~ .. ~ t ~U r L- ~ 1 _ 4~' - ( - "~ i r - '~/ -o ,' ~ _ _ ~ Legend _ , ,~z ~; _ ,~ ~~ ; ~' ~, ~„ , ~, ,' ~ ~ ~' Bee Branch Creek Boundary h° . ` ,r ~ Rhomberg and Kniest District '°~ ~ East 22nd & Washington Street Historic District 4 ~ ~ 1 - -. ~~ ~ ~, ~ - - ~ - Bee Branch Properties -., ~ ~~ C ~ ~ ,% ArchitecturallHistorical Significance }` ~ ' ~ ~- - ~ No ,~K ~_. V ~... -Yes ~, , _, ti ...,y ~ l ~_ ~ , e. ,~, ~_ _.' ,~ . t. fl ~ - - `"' 1 ~... r ~ -- - .. _~ ---' ~; t~~`"~ - ti ~ ~ c - - ^1 ^~ ~ /- 2 --,5 ~ ~ o ~ ""ti ~ ~..., ~n S ,Vf^' ~/ ~. ~ Q ~I sa,~ - oN ~ ~ a~ue~i~iu6is ~e~iao~siH/lean~~a~iy~ad sai}~adoad y~uea8 aa8 ~oi~~sia oiao~siH ~aaa~g uo~6uiyseM'8 puZZ ~s~3 0 ~oi~~sid ~saiu~{ pue 6~aquaoy~ ,i tiepuno8 ~aaa~ youea8 aa8 ~ ~'~` ,y pua~a~ , ~o~ ~~ 8 ]!q!yx~