IIW, P.C. Professional Services Agreement_English Mill Pumping Station-Water Main Ext. Copyright 2014
City of Dubuque Consent Items # 20.
ITEM TITLE: IIW, P.C. for Engineering Design and Inspection Services
Professional Service Agreement
SUMMARY: City Manager recommending authorization to enter into an
agreement with IIW, P.C. to complete professional
engineering design services associated with the English
Mill Pump Station and Water Main Extension to the former
Central Iowa Water Association's Vernon Water and
Barrington Lakes water systems.
RESOLUTION Approving Professional Engineering Design
and Inspection Services Contract Between the city of
Dubuque and I IW, P.C. for the English Mill Road Pump
Station and Water Main Extension to Vernon Water System
and Barrington Lakes Project
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Contract Wth IIW for Water System Impro\ements- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Professional Services Agreement Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Water System Improvements
English Mill Pumping Station and Water Main Extension to Vernon and
Barrington Lakes SRF Project 2017
DATE: January 30, 2017
Water Department Manager Denise Ihrig recommends City Council authorization to
enter into an agreement with IIW, P.C. to complete professional engineering design
services associated with the English Mill Pump Station and Water Main Extension to the
former Central Iowa Water Association's Vernon Water and Barrington Lakes water
systems for a contract amount of$226,700.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
d1L-A^1
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Denise Ihrig, Water Department Manager
THE CITY OF Dubuque
kX
DUB E All-Awdca CRY
Masterpiece on the Mississippi 21107-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Denise Ihrig, Water Department Manager
SUBJECT: Water System Improvements
English Mill Pumping Station and Water Main Extension to Vernon and
Barrington Lakes SRF Project 2017
DATE: January 28, 2017
INTRODUCTION
The purpose of this memorandum is to request your review and authorization to enter into an
agreement with IIW, P.0 of Dubuque, Iowa to complete professional engineering design
services. The services are associated with the English Mill Pump Station and Water Main
Extension to the former Central Iowa Water Association's (CIWA) Vernon Water and Barrington
Lakes water systems. The City successfully requested from the Iowa DNR an extension to the
compliance date requirement for the Barrington Lakes and Vernon water systems to be
connected to an alternative water supply. As such, the completion date changed from
December 31, 2016 to December 31, 2017. The following information presents a proposal to
achieve the firm deadline.
BACKGROUND
The City entered into a contract with IIW in 2013 to perform professional engineering design and
construction engineering services for a water pumping station located on English Mill Road
along with the design of an associated 5,700 lineal feet of 12 inch diameter water main to serve
the area along English Mill Road to North Cascade Road. IIW completed these services along
with initiation of a geotechnical sub-surface evaluation at the pump site and along the water
main alignment. IIW assisted the City with preparing documents and specifications for submittal
to the Iowa DNR for construction permitting, which was granted in June 2014. The City also
requested IIW explore the option of extending water main through the English Ridge subdivision
and coordinate with the City and Developer to ensure the correct depth of bury of the water
main was established to connect to the pumping station. The 2013 agreement also included a
provision for final design and construction services for bidding and award of the project. The
total contract amount that was agreed to was $199,200.00
In July 2014, the City requested an amendment to the original 2013 scope of work. The City
requested IIW broaden the scope to include a revised termination location beyond North
Cascade Road along English Mill Road to Highway 20 at a higher location while still maintaining
a pumped discharged flow of 1,000 gallons per minute with an end of line pressure of 60 PSI.
The change in design parameters required IIW to incur additional design hours to revisit and re-
design pumps. Also, the City requested separate contract and bidding documents be prepared
for the pumping station and the water main installation. Dated July 16, 2014, Amendment No. 1
totaled $25,900. IIW fulfilled their obligation and the project was bid and scheduled for award to
X:\Users\Water_Plant_Administralion\Vernon Barrington 2016\SRF Loan Documents\Req for Dsgn Srvcs MVM Jan2017 CIWA.doc
Portzen Construction. The project was halted and not awarded at that time due to pending
litigation.
In 2016, following successful negotiations between CIWA and the City of Dubuque, the City
retained IIW to perform engineering services in preparation for obtaining favorable State
Revolving Fund (SRF) loan monies for the purchase of the Vernon and Barrington Lakes water
systems. In addition to the system purchases, the loan would also include, planning, design,
and construction of water system improvements to connect these areas to the City of Dubuque's
water supply. In October 2016, the City entered in a professional services contract with IIW in
the amount of$25,000 to complete a preliminary engineering report, an Iowa SRF Intended Use
Plan application, and contracted services for environmental assessment services thereby
greatly increasing the City's ability to obtain funds to complete design and construction of the
improvements in 2017.
DISCUSSION
Following submittal of the preliminary engineering report and the intended use plan to the Iowa
DNR's SRF department, it is necessary the City expedite the final design of the English Mill
Pumping Station and water main extensions to not only tie in the Vernon water system but also
the Barrington Lakes water system no later than December 31, 2017. To accomplish this task, I
am presenting a proposal from IIW to complete engineering design services on behalf of the
City.
IIW's December 2016 proposal acknowledges the English Mill Pump Station has already been
designed along with water main design to Highway 20, however the extension of water main
connecting the system to the Vernon water main and the additional length of mains along
Highway 20 to Barrington Lakes was not considered in the 2013/2014 design. As such, IIW is
proposing to re-evaluate the 2013 pumping station design incorporating the filling requirement of
the City's Vernon water tower and the ability of the system to pressurize both water systems in
Vernon and Barrington Lakes in the event the tower is taken out of service. The design fees for
this stage are $29,500.
IIW will also survey and prepare preliminary and final design plans and specifications for bidding
revised final water main length and alignment along English Mill Road and North Cascade Road
to the City's Vernon water system. IIW is also evaluating final main sizing in this area to ensure
adequate water volumes are available to service the area west along Highway 20. The total
length of mains increased from 5,700 lineal feet in the 2013 proposal to 11,000 lineal feet. The
design fees to complete this phase are $75,800.
Also new in the 2016 proposal, is the additional 4,100 lineal feet of water main data collection,
design and pressure reducing and sustaining valve station designs. The stations are necessary
to control and reduce water pressure as the City water supply is tied into the Barrington Lakes
system which is at a lower elevation as it reaches the lake. IIW will prepare all contract
documents to bid this portion of the project for $64,900.
1 am also requesting the City look to IIW for assistance through the bid and award phase of the
project to more efficiently respond to bidding questions from contractors. These efforts will be
coordinated to position the City so that it can meet the December 31, 2017 DNR permit
deadline.
IIW included a cost proposal for Construction Engineering services in the amount of$143,000.
Following bid and award, I am requesting construction engineering services be provided by both
IIW and City Engineering. IIW has included a price for shop drawing review and site inspection
for the pumping station in the amount of$40,400. Due to careful coordination of the pump order,
which can take up to 22 weeks, and the structural review for the pump station building, I am
recommending IIW review the shop drawings to ensure a seamless response to any questions
that may arise from vendors and contractors. The remaining construction engineering services
for the water main installation, including construction staking is estimated to be $103,000. This
work could be conducted by City engineering starting on or about July 1, 2017. Should this work
be conducted by City engineering it may be feasible to reduce the construction staking and
inspection fees to an estimated $70,000.
Should the City be in agreement to enter into a contract with IIW to fulfill the design and contract
document preparation, along with assisting the City through contract award in compliance with
SRF requirements, and provide construction engineering (staking and inspection) services for
the pumping station, the contract amount would be reduced to $226,700.00 from the originally
proposed $355,100.00 as submitted. The reduced contract amount would only be feasible
should City engineering have staff available, in the event staff is not available, IN has agreed to
hold their price for inspection services as shown in full for contract amendment at a later date.
IIW is cognizant of the City's firm deadline with the DNR to connect Barrington Lakes and the
Vernon Water systems to the City's water supply. As such, time is of the essence. IIW, having
dutifully completed the English Mill pumping station and water main extension preliminary and
final design in 2013/2014 bringing the project to bid and award, are the strongest candidate for
continuing the design to save the City extensive preliminary design expenses that would be
incurred by another consulting firm.
As illustrated above, IIW has worked closely with the City and the Iowa DNR to ensure all
deadlines were met. This is due in part not only to their commitment to working for and in the
community as a local professional engineering firm, but also to their commitment to the project
since 2013. IIW's previous work provides them with the greatest understanding of the needs of
this project and the complicated nature of the City's pressure zones and the introduction of a
new pressures zone as a result of the recently acquired Vernon 300,000 gallon water tower. IIW
has assured the City it is ready to move swiftly to complete the necessary documentation
required to design, bid and award to meeting the strict December 31, 2017 Iowa DNR deadline.
BUDGET AND SCHEDULE
The English Mill Pump Station and Water Main Improvements Intended Use Plan as submitted
to the Iowa DNR SRF program in December 2016 included engineering planning and design
fees to be reimbursed via a DNR SRF Planning and Design Loan at 0% interest for up to 3
years. The Intended Use Plan reflects planning and design engineering fees of$355,100. The
attached proposal from IIW reflects these total design fees, however, should City engineering be
selected to assist with inspection of the water main, the IIW agreement would be reduced to
$226,700.00.
IIW is prepared to meet the following tentative schedule to meet the December 31, 2017 DNR
Permit deadline:
• Construction Permitting Submitted to IDNR, IDOT, County, and City: February 201h, 2017
• Initiate Bidding Process with City: February 201h, 2017
• Bid Letting(s): March 10th, 2017
• Bid Opening(s): April 611, 2017
• Contract Award: April 17th, 2017
• Notice to Proceed: May 22"d, 2017
• Construction Completed: December 111, 2017
REQUESTED ACTION
I respectfully request your review and authorization to enter into an agreement with IIW, P.0 of
Dubuque, Iowa to complete professional engineering design services associated with the
English Mill Pump Station and Water Main Extension to the former Central Iowa Water
Association's (CIWA) Vernon Water and Barrington Lakes water systems for a contract amount
of$226,700.00, with confirmation of construction engineering services from City engineering.
cc: Jenny Larson, Budget Director
Alexis Steger, Budget Analyst
Jean Nachtman, Finance Director
Gus Psihoyos, City Engineer
RESOLUTION NO. 37-17
RESOLUTION APPROVING PROFESSIONAL ENGINEERING DESIGN AND
INSPECTION SERVICES CONTRACT BETWEEN THE CITY OF DUBUQUE AND IIW,
P.C. FOR THE ENGLISH MILL ROAD PUMP STATION AND WATER MAIN
EXTENSION TO VERNON WATER SYSTEM AND BARRINGTON LAKES PROJECT
Whereas, the City of Dubuque is proceeding with the connection of the Vernon
and Barrington Lakes Water System to the City of Dubuque water; and
Whereas, the Agreement authorizes IIW, P.C. to provide engineering design and
inspection services for the English Mill Road pump station and water main extension to
Vernon Water System and Barrington Lakes Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That said Agreement between City of Dubuque and IIW, P.C. to
provide professional engineering design and inspection services for the English Mill
Road pump station and water main extension to Vernon Water System and Barrington
Lakes Project is hereby approved.
Section 2. That the City Manager is hereby authorized and directed to execute
two copies of said Agreement between City of Dubuque and IIW, P.C. to provide
professional engineering design and inspection services for the English Mill Road pump
station and water main extension to Vernon Water System and Barrington Lakes
Project.
Passed, approved and adopted this 6th day of February, 20, 7.
Attest:
Trish L. Gleason, Assistant City Clerk
Roy D. Buol, Mayor
IIW, P. C.
www.liwengr.com
AGREEMENT FOR ENGINEERING SERVICES
BARCHITECTURE
BETWEEN THE
CIVIL ENGINEERING
CITY OF DUBUQUE, IOWA CONSTRUCTION SERVICES
AND ENVIRONMENTAL ENGINEERING
IIW, P.C. LAND SURVEYING
FOR MUNICIPAL ENGINEERING
STRUCTURAL ENGINEERING
WATER SYSTEM IMPROVEMENTS TRANSPORTATION ENGINEERING
ENGLISH MILL ROAD PUMPING FACILITY AND WATER MAIN EXTENSION 2017
(IIW PROJECT NO. 13221)
Dennis F.Waugh,PEISE*
THIS AGREEMENT is made this 6�'�L day of 1�6 C6`7 yw ,2016,by Charles A.Cate,PE**
and between the City of Dubuque, Iowa, hereinafter referred to as the"Owner", and IIW, P.C., a Gary D.Sejkora,PE **
professional corporation in Dubuque, Iowa, hereinafter referred to as the"Engineer". Michael A.Jansen,PE/SE
Timothy J.Tranel,PE
John F.Wandsnider,PE
WHEREAS,the Owner desires to complete design and construction of a new waterworks Julie P.Neebel,PE
pumping facility at Lot 88 of the English Ridge Subdivision-Phase III.The improvements at the James R Kaune,PE
pumping facility site will include the pumping facilitybuilding, process piping,booster pumps,future Thomas J.Oster,PLS**
Wray A.Childers,PLS
accommodations for chemical feed equipment, electrical equipment,standby generator,site work Geoffry T.Blandin,PE
and connection water main to the existing City of Dubuque distribution system.The Owner also Mark C.Jobgen,PE**
intends to includes constructing several water main extensions including 5,600 LF of 12-inch DIP Lauren N.Ray,PE/SE
and PVC water main from the proposed pumping facility in a southerly direction within the right-of- Cody T.Austin,PE*
way of English Mill Road to the intersection of English Mill and North Cascade Roads and extend Marc D.Ruden,PE
approximately 800 LF along the south side of North Cascade Road. Included in the Owner's Mark elR.Fassbinder,AIA* *
pp Y 9 Michael A.Ruden,NCARBIAIA
intensions is to construct 5,300 LF of 12-inch PVC water main along North Cascade Road from Craig J.Elskamp,AIA
English Mill Road to State Highway 20. Eric J.Helminiak,PEISE*
Jeffrey J,Brandt,PLS
Craig Geiser,PLS
Pending negotiations between the City and Barrington Lakes Subdivision,the City plans to Adam J.
Moris,PE
construct 4,100 LF of water main along Highway 20 from the Vernon Township water distribution David A.Leapaldt,AIA,CID*
system to the Barrington Lakes Subdivision water distribution system including the construction of Nathan W.Miller,PE
two pressure reducing and pressure sustaining stations which has been included in Section F of Damian D.Baumhover,NCARBIAIA
Nicholas A.Schneider,PE
the Contract. Christian J.Hendrie,AIA
Eldon M.Schneider,PE
This proposal is based on the premise that the English Mill Road Pumping Facility has been Whitney A.Lougheed,AIA*
previously designed and with this project will require modifications to pumping facility to Jessica L.Olson,NCARBIAIA*
accommodate recent changes in operations.The water main along English Mill Road from the Patrick R.Ready,PE
facility to North Cascade Road and extending 800 LF along North Cascade Road has Nicholas M.A.
Becklin, r,AIA
pumping Y 9 g Christopher A.Becklin,PE
been previously designed and will require minimal modifications to incorporate into the proposed Courtney E.Wand,PE
project. George Kyiamah,PE
WHEREAS,the Owner desires to engage the Engineer for engineering and surveying services *LEED AP
in connection with project design including preparation of drawings and specifications,and in **Retired
connection with administration and observation of project construction.
WHEREAS,the accomplishment of the hereinafter described work and services is authorized
by execution of this agreement between the Owner and the Engineer.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
41.95 e s Ivana Avenue Dubu ue IA 52002-2628 ♦ T1 563.556.24641800.556.4491 ♦ IF1 563.556.7811
A. SURVEYORS.
PART I-SCOPE OF SERVICES
A. PRELIMINARY DESIGN SERVICES:
The Engineer agrees to perform the following services during preliminary design:
TASK 1 —Deliverable: Meet with City Staff for project kick-off meeting.
1.1 Meet with representatives of the City as necessary or desired to discuss the objectives of the project and review
available data and information.
English Mill Road Pumping Facility
TASK 2—Deliverable: Perform and complete topographic survey of the English Mill Pumping Facility Site.
2.1 Perform a topographic survey of the proposed English Mill Pumping Facility Site to determine the existing
elevations since grading operations have occurred since the previous site design.
TASK 3—Deliverable: Preliminary plan layout for the modifications to the process piping and pump layout.
3.1 Review applicable information and as constructed drawings and make design calculations,determinations,
judgments for the layout of the process piping and pumps.
3.2 Evaluate equipment and construction material alternatives.
3.3 Design and layout proposed process piping, booster pumps,and site design features.
3.4 Prepare preliminary drawings showing process piping, booster pump to the City Water Department for review and
comment.
3.5 Prepare a preliminary statement of Engineer's opinion of the probable construction cost for the English Mill
Pumping Facility upon the preliminary submittal to the City so that the costs associated with the English Mill
Pumping Facility are identified.
TASK 4—Deliverable: Initiate construction permitting process.
4.1 This portion of the project has been previously permitted. Coordination with the IDNR will be required to receive an
active construction permit.
4.2 A plan submission to the City of Dubuque Building Services Department will also be required for this project.
English Mill Road Water Main Extension
TASK 5—Deliverable: Preliminary plan layout for the modifications to the water main.
5.1 Review applicable information and as constructed drawings and make design calculations,determinations,
judgments for the layout of the water main.
5.2 Design and layout proposed water main.
5.3 Prepare preliminary drawings showing water main to the City Water Department for review and comment.
2
5.4 Prepare a preliminary statement of the Engineer's opinion of the probable construction cost for the project based
upon the preliminary submittal to the City so that the costs of the various components of the project are identified.
TASK 6— Deliverable: Initiate construction permitting process.
6.1 This portion of the project has been previously permitted by the IDNR. Coordination with the IDNR will be required
to receive an active construction permit. This portion of the project has been previously permitted by the County-
coordination with the County will be required to receive an active construction permit.
6.2 Complete the Iowa Department of Natural Resources NPDES Storm Water Discharge General Permit#2(Iowa
DNR)forms, Erosion Control permit application from the City of Dubuque and Erosion Control Permit from the
County. Submit to the permitting agencies with appropriate justification and documentation for the water system
improvements as soon as the Water Department provides concurrence with the planned improvements to expedite
permit approval.
North Cascade Road Water Main Extension
TASK 7—Deliverable: Perform and complete topographic and preliminary legal surveys.
7.1 Perform a topographic survey of the proposed water main route. Determine the location of improvements relative
to approximate street right-of-way.
TASK 8—Deliverable: Preliminary plan layout for water main extension.
8.1 Determine the location of existing utilities from available records and site locations provided by the City and utility
companies.
8.2 Meet with the City and the Iowa Department of Transportation(IDOT)to discuss the project and the future IDOT
plans for the area near Highway 20.
8.3 Review available information and make design calculations,determinations, and judgments for the layout of the
water main.
8.4 Evaluate equipment and construction material alternatives.
8.5 Design and layout proposed water main.
8.6 Prepare preliminary drawings showing water main to the Water Department for review and comment.
8.7 Prepare a preliminary statement of the Engineer's opinion of probable construction cost for the project based upon
the preliminary submittal to the City so that the costs of the various components of the project are identified.
TASK 9—Deliverable: Initiate construction permitting process.
9.1 Complete Iowa Department of Natural Resources Water Supply Section construction permit application forms,
Dubuque County Utility Accommodation permit application forms, NPDES Storm Water Discharge General Permit
#2(Iowa DNR)forms, Erosion Control permit application from the City of Dubuque and the Erosion Control permit
application from the County and submit to the permitting agencies with appropriate justification and documentation
for the water system improvements as soon as the Water Department provides concurrence with the planned
improvements to expedite permit approval.
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Entire Project
TASK 10—Deliverable: Preliminary Design Meeting.
10.1 Meet with the City Water Department staff after their preliminary review to field questions and receive comments
and suggestions.
B. FINAL DESIGN SERVICES:
The Engineer agrees to perform the following services during final design:
English Mill Road Pumping Facility
TASK 11 —Deliverable: Final plans,specifications and bid documents, main construction project final cost estimate.
11.1 Incorporate comments and suggestions from the preliminary review meeting with the City Water Department and
prepare final drawings showing water main, process piping, booster pumps, site design features,and pumping
facility building.
11.2 Prepare technical specifications for water main, process piping, booster pumps,site design features, and pumping
facility building.
11.3 Prepare the form of contract and bidding documents, bid form, bid bond form, improvement contract, performance,
payment and maintenance bond, general contract conditions, supplemental general contract conditions,special
contract provisions,and special instructions to the Contractors, using City approved forms as applicable.All
contract documents should be reviewed by the Owner's legal counsel and by the funding agency or grant
administration organization if applicable.
11.4 Prepare a final statement of the Engineer's opinion of the construction cost for the project based upon the
completed design. It should be noted that construction cost estimates are no more than estimates reflecting the
Engineer's best judgment of 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.
11.5 Submit and provide copies as needed of the final plans,specifications, contract and bidding documents for the use
of the Owner to make final review of and for initiating the public bidding process with the City Council.
11.6 Attend meetings or conferences with the Owner as necessary or desirable, and at the project site or the office of
the Owner to:
a. Review and discuss project details with the Owner.
b. Review detailed drawings and specifications with the Owner.
c. Review contract and bidding documents with the Owner and/or the Owner's attorney.
English Mill Road Water Main Extension
TASK 12—Deliverable: Final plans,specifications and bid documents, main construction project final cost estimate.
12.1 Incorporate comments and suggestions from the preliminary review meeting with the City Water Department and
prepare final drawings showing water main, process piping,booster pumps,site design features, and pumping
facility building.
4
12.2 Prepare technical specifications for water main, process piping, booster pumps,site design features, and pumping
facility building.
12.3 Prepare the form of contract and bidding documents, bid form, bid bond form, improvement contract, performance,
payment and maintenance bond,general contract conditions, supplemental general contract conditions,special
contract provisions,and special instructions to the Contractors, using City approved forms as applicable.All
contract documents should be reviewed by the Owner's legal counsel and by the funding agency or grant
administration organization if applicable.
12.4 Prepare a final statement of the Engineer's opinion of the construction cost for the project based upon the
completed design. It should be noted that construction cost estimates are no more than estimates reflecting the
Engineer's best judgment of 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.
12.5 Submit and provide copies as needed of the final plans,specifications,contract and bidding documents for the use
of the Owner to make final review of and for initiating the public bidding process with the City Council.
12.6 Attend meetings or conferences with the Owner as necessary or desirable, and at the project site or the office of
the Owner to:
a. Review and discuss project details with the Owner.
b. Review detailed drawings and specifications with the Owner.
c. Review contract and bidding documents with the Owner and/or the Owner's attorney.
North Cascade Road Water Main Extension
TASK 13—Deliverable: Final plans,specifications and bid documents, main construction prosect final cost estimate.
13.1 Incorporate comments and suggestions from the preliminary review meeting with the City Water Department and
prepare final drawings showing water main, process piping, booster pumps,site design features, and pumping
facility building.
13.2 Prepare technical specifications for water main, process piping, booster pumps,site design features, and pumping
facility building.
13.3 Prepare the form of contract and bidding documents, bid form, bid bond form, improvement contract, performance,
payment and maintenance bond,general contract conditions,supplemental general contract conditions,special
contract provisions, and special instructions to the Contractors, using City approved forms as applicable.All
contract documents should be reviewed by the Owner's legal counsel and by the funding agency or grant
administration organization if applicable.
13.4 Prepare a final statement of the Engineer's opinion of the construction cost for the project based upon the
completed design. It should be noted that construction cost estimates are no more than estimates reflecting the
Engineer's best judgment of 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.
13.5 Submit and provide copies as needed of the final plans,specifications,contract and bidding documents for the use
of the Owner to make final review of and for initiating the public bidding process with the City Council.
5
13.6 Attend meetings or conferences with the Owner as necessary or desirable, and at the project site or the office of
the Owner to:
a. Review and discuss project details with the Owner.
b. Review detailed drawings and specifications with the Owner.
c. Review contract and bidding documents with the Owner and/or the Owner's attorney.
C. BIDDING AND CONTRACT AWARD SERVICES:
Two contracts will be prepared for the aforementioned work. One contract for the English Mill Road Pumping Facility and
one contract for the English Mill Road and North Cascade Road Water Main Extensions. This scope is based on each of
the projects being out to bid simultaneously. When the projects are ready for bidding,for each project the Engineer shall:
TASK 14—Deliverable: Initiate public bidding process with City, conduct bid letting,evaluate bids, recommend award
and provide contract documents.
14.1 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,equipment and material suppliers and other interested parties. Iowa law requires the Owner to
pay for copies of documents provided to interested parties. Plans and specifications will be printed and
distributed by Tri-State Blueprint in Dubuque. Tri-State Blueprint will invoice the Owner for the costs
associated with printing, binding, packaging, and postage/shipping if mailed/shipped,or all plans and
specifications.
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. Attending bid openings.
14.2 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.
14.3 Analyze bids and make recommendations to the Owner for award of contract(s)within ten(10)days after the
receipt of bids.
14.4 Prepare and provide copies, as required,of contract documents including noticed of award, improvement contract,
performance, payment and maintenance bond for Owner and Contractor use and execution,for each construction
contract.
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D. CONSTRUCTION BASIC SERVICES:
When the project is ready for construction the, the Engineer shall:
TASK 15—Deliverables: Construction meetinq minutes,submittals, contract documentation, payment requests proiect
certification,construction record drawings.
15.1 Conduct preconstruction meeting with Owner and Contractors. Compose and distribute minutes to attendees.
15.2 Provide construction staking for use by the Contractor. The staking shall consist of the placement of stakes, as
determined necessary by the Engineer,to indicate the horizontal location of water main and sanitary sewer.
15.3 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. The extent and limitations of the duties, responsibilities
and authority of the Engineer as assigned in the construction contract conditions shall not be modified without the
Engineer's written consent; all of the Owner's instructions to the Contractor(s)shall be issued through the Engineer
who shall have authority to act on behalf of the Owner to the extent provided in the construction contract conditions
except as otherwise provided in writing.
15.4 Review submittals,certifications, brochures, catalog data, and samples,the results of tests and inspections and
other data which the 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.
15.5 Issue all instructions of the Owner to the Contractor(s) and prepare routine change orders as required. The
Engineer may, as the Owner's representative, require special inspection or testing of the work and shall act as
initial interpreter of the terms and conditions of the Contract Documents and judge of the performance thereunder
by the parties thereto and shall render opinions on all claims of the Owner and the Contractor(s) relating to the
execution and progress of the work and all other matters and questions related thereto.
15.6 Based on on-site observations by the inspector,the Engineer will review of the Contractor's applications for
payment and supporting documentation. 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 that the quality of work is in accordance with the Contract Documents;subject to an evaluation of the
work as a functioning project upon substantial completion,to the results of any subsequent tests called for in the
Contract Documents,to minor deviations from the contract documents correctable prior to completion and to any
qualifications stated in his approval. By approving an application for payment,the Engineer shall not be deemed to
have represented that 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.
15.7 Conduct an inspection to determine if the project is substantially complete and a final inspection to determine if the
project has been completed in accordance with the Contract Documents and if each Contractor has fulfilled all of
his obligations thereunder so that the Engineer may approve, in writing,final payment to each Contractor.
15.8 The Engineer will not be responsible for the acts or omissions of any contractor, any subcontractor,or any of the
Contractor's or subcontractor's agents or employees or any other person performing any of the work under the
construction contract.
15.9 Attend meetings or conferences with the Owner at the Engineer's office,the project site or the office of the Owner
as required by the project or as desired by the Owner or Engineer.
15.10 Prepare for the Owner one set of reproducible construction record drawings for the buried pipe portion of the
project,showing those significant changes made during the construction process based on observations,
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construction notes, inspection reports and other date furnished to the Engineer by the Contractor or the Resident
Project Representative.
15.11 Provide interpretation of the drawings and specifications.
E. CONSTRUCTION OBSERVATION SERVICES:
In accordance with construction progress,the Engineer shall provide a qualified Resident Project Representative(RPR),
with assistants and other field staff,to observe performance of the.work of the Contractor.
TASK 16—Deliverable: Construction observation reports, material testing reports.
16.1 The RPR shall be an employee of the Engineer and.may be the project engineer(Professional Engineer III,
Technician II, or a Technician IV), The RPR would make periodic visits to the site as deemed necessary, as part of
resident services during construction.
16.2 The RPR shall make on-site observations of the progress and quality of the various aspects of the work of the
Contractor and field checks of materials and equipment. The purpose of the on-site observations shall be to
endeavor to determine, in general, if such work is proceeding in accordance with the contract documents,to
endeavor to provide further protection for.the Owner against defects and deficiencies and to determine if the
integrity of the design concept as reflected in the contract documents has been implemented and preserved by the
Contractor(s). However,the Engineer/RPR shall not,during such visits or as a result of such observations of the
work of the Contractor(s), supervise, direct or have control over such work nor shall the Engineer/RPR have
authority over or responsibility for the means, methods,techniques,sequences or procedures of construction
selected by the Contractor(s),for safety precautions and programs incident to the work of the Contractor(s)or for
failure of the Contractor(s)to comply with laws, rules, regulations,ordinances,codes, or orders applicable to
Contractor(s)furnishing and performing work. Accordingly, Engineer can neither guarantee the performance of the
construction contracts by Contractor(s) nor assume responsibility for the Contractor's failure to furnish and perform
the work in accordance with the contract documents.
16.3 Based on the on-site observations,the RPR shall endeavor to periodically inform the Owner's representative of the
progress of the work.
16.4 During on-site observations and as part thereof,the RPR shall disapprove of or reject Contractor's work while it is
in progress if RPR believes that such work will not produce a completed project that conforms generally to the
contract documents or that will prejudice the integrity of the design concept of the project as reflected in the
contract documents.
16.5 The RPR is Engineer's agent at the site and will act as directed by and under the supervision of the Engineer, and
will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall,
in general, be with the Engineer and Contractor keeping the Owner advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and approval of the Contractor. RPR shall
generally communicate with the Owner with the knowledge of and under the direction of the Engineer.
16.6 The duties and responsibilities of the Resident Project Representative as applicable to this project shall be as
follows:
a. Determine Contractor's progress relative to his schedule and the required completion date. Keep the
Engineer advised of the project status.
b. Determine quantities of work completed, and inventory amount of materials stored on site for the purposes of
periodic payments.
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c. Attend meetings with Contractor, such as preconstruction conference,and job site conferences. Maintain a
record of job-site meetings attended.
d. Serve as Engineer's liaison with the Contractor,working principally through contractor's superintendent and
assist in understanding the intent of the contract documents. Assist the Engineer in serving as the Owner's
liaison with the Contractor when the Contractor's operation affects the Owner's on-site operations.
e. Assist in obtaining additional details and information from the Owner at the job site for proper execution of the
work,when required.
f. Examine submittals reviewed by Engineer. Receive samples that are furnished at the site by Contractor and
notify Engineer of availability of samples for examination. Advise Engineer and Contractor of commencement
of any work requiring a submittal or sample if the submittal has not been reviewed by the Engineer.
g. Conduct periodic on-site observations of the work in progress to assist Engineer in determining if the work is in
general proceeding in accordance with the contract documents. Report to the Engineer whenever the
Resident Project Representative believes that any work is unsatisfactory,faulty,defective or does not conform
to the Contract Documents, or does not meet the requirements of any inspections,test or approval required to
be made;and advise the Engineer when he believes the work should be corrected or rejected or should be
uncovered for observation or requires special testing inspection or approval. Verify that tests are conducted
as required by the contract documents and in the presence of the required personnel and the Contractor
maintains adequate records thereof; and observe, record and report to the Engineer appropriate details
relative to the test procedures.
h. Report to Engineer when clarifications and interpretations of the contract documents are needed and transmit
to Contractor clarifications and interpretations as issued by Engineer.
L Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report with
RPR's recommendations to Engineer. Transmit to Contractor decisions as issued by Engineer.
j. Review correspondence, reports of job conferences,submittals and samples, reproductions of original
contract documents including all work directive changes, addenda,change orders,field orders, additional
drawings issued subsequent to the execution of the contract, Engineer's clarifications and interpretations of
the contract documents, progress reports and other project related documents.
k. Maintain a diary or log book of periodic visits, recording RPR hours related to job,weather conditions, data
relative to questions or work directive changes,change orders or changed conditions,daily activities,
decisions,observations in general, and specific procedures. Record names,addresses and telephone
numbers of all Contractors,subcontractors and major suppliers of material. Furnish copies of diary/log book
to Engineer and Owner if requested.
I. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the
work. Report immediately to Engineer and Owner upon the occurrence of any accident and record details of
any accident in diary/log book if observed.
m. During the course of the work,verify that certificates, maintenance and operation manuals and other data
required to be assembled and furnished by the Contractor are applicable to the items actually installed and in
accordance with the contract documents and have this material delivered to the Engineer for review and
forwarding to the Owner.
n. Before the Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed
items requiring completion or correction. Conduct final inspection in the company of Engineer, Owner and
Contractor and prepare a final list of items to be completed or corrected. Observe that all items on final
checklist have been completed or corrected and make recommendations to Engineer concerning acceptance.
16.7 The limitations of authority shall be such that the Resident Project Representative:
a. Shall not authorize any deviation from the contract documents or substitution of materials unless authorized by
the Engineer(project engineer).
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b. Shall not exceed limitations of Engineer's authority as set forth in the contract documents.
c. Shall not undertake any of the responsibilities of Contractor,subcontractors or Contractor's superintendent.
d. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods,
techniques, sequences or procedures of construction unless such advice or directions are specifically required
by the contract documents.
e. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in
connection with the work.
f. Shall not authorize Owner to occupy the project in whole or in part.
16.8 The Resident Project Representative shall provide or arrange for on-site density testing and/or material testing as
required for the project as determined necessary by the Engineer.
F. HIGHWAY 20 WATER MAIN
Preliminary Design Services
The Engineer agrees to perform the following services during preliminary design:
Task 17-Deliverable: Perform and complete topographic and preliminary legal surveys.
17.1 Perform a topographic survey of the proposed water main route. Determine the location of improvements relative
to approximate street right-of-way.
Task 18—Deliverable: Complete geotechnical subsurface evaluations.
18.1 Conduct exploratory borings at 500 feet intervals along the route of the 12 inch water main extension to determine
the depth of bedrock.
Task 19—Deliverable: Preliminary plan layout for water main extension.
19.1 Determine the location of existing utilities from available records and site locations and site locations provided by
the City and utility companies.
19.2 Meet with the City and the Iowa Department of Transportation(IDOT)to discuss the project and the future IDOT
plans for the area near the North Cascade Road intersection with Highway 20.
19.3 Review available information and make design calculations,determinations,judgments for the layout of the water
main and the pressure reducing/pressure sustaining stations.
19.4 Evaluate equipment and construction material alternatives.
19.5 Design and layout proposed water main.
19.6 Prepare preliminary drawings showing water main to the Water Department for review and comment.
19.7 Prepare a preliminary statement of the Engineer's opinion of probable construction cost for the project based upon
the preliminary submittal to the City so that the costs of the various components of the project are identified.
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Task 20—Deliverable: Initiate construction permitting process.
20.1 Complete Iowa Department of Natural Resources Water Supply Section construction permit application forms,
Dubuque County Utility Accommodation permit application forms, NPDES Storm Water Discharge General Permit
#2(Iowa DNR)forms, Erosion Control permit application from the City of Dubuque and the Erosion Control permit
application from the County and submit to the permitting agencies with appropriate justification and documentation
for the water system improvements as soon as the Water Department provides concurrence with the planned
improvements to expedite permit approval.
Final Design Services
The Engineer agrees to perform the following services during final design:
Task 21 —Deliverable: Final plans, specifications and bid documents, main construction project final cost estimate
21.1 Incorporate comments and suggestions from the preliminary review meeting with the City Water Department and
prepare final drawings showing water main, process piping, booster pumps, site design features, and pumping
facility building.
21.2 Prepare technical specifications for water main, process piping, booster pumps,site design features,and pumping
facility building.
21.3 Prepare the form of contract and bidding documents, bid form, bid bond form, improvement contract, performance,
payment and maintenance bond, general contract conditions,supplemental general contract conditions,special
contract provisions, and special instructions to the Contractors, using City approved forms as applicable.All
contract documents should be reviewed by the Owner's legal counsel and by the funding agency or grant
administration organization if applicable.
21.4 Prepare a final statement of the Engineer's opinion of the construction cost for the project based upon the
completed design. It should be noted that construction cost estimates are no more than estimates reflecting the
Engineer's best judgment of 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.
21.5 Submit and provide copies as needed of the final plans,specifications,contract and bidding documents for the use
of the Owner to make final review of and for initiating the public bidding process with the City Council,
21.6 Attend meetings or conferences with the Owner as necessary or desirable, and at the project site or the office of
the Owner to:
a. Review and discuss project details with the Owner.
b. Review detailed drawings and specifications with the Owner.
c. Review contract and bidding documents with the Owner and/or the Owner's attorney.
Bidding and Contract Award
The Engineer agrees to perform the following services during final design:
Task 22—Deliverable: Initiate public biddinq process with City,conduct bid letting evaluate bids recommend award and
provide contract documents.
22.1 Assist the Owner in obtaining construction bids by:
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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,equipment and material suppliers and other interested parties. Iowa law requires the Owner to
pay for copies of documents provided to interested parties. Plans and specifications will be printed and
distributed by Tri-State Blueprint in Dubuque.Tri-State Blueprint will invoice the Owner for the costs
associated with printing, binding, packaging, and postage/shipping if mailed/shipped,or all plans and
specifications.
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. Attending bid openings.
22.2 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.
22.3 Analyze bids and make recommendations to the Owner for award of contract(s)within ten(10)days after the
receipt of bids.
22.4 Prepare and provide copies, as required, of contract documents including noticed of award, improvement contract,
performance, payment and maintenance bond for Owner and Contractor use and execution,for each construction
contract.
Construction Basic Services
When the project is ready for construction,the Engineer shall:
Task 23—Deliverables:Construction meeting minutes,submittals,contract documentation, payment requests, project
certification, construction record drawings.
23.1 Conduct preconstruction meeting with Owner and Contractors. Compose and distribute minutes to attendees.
23.2 Provide construction staking for use by the Contractor. The staking shall consist of the placement of stakes, as
determined necessary by the Engineer,to indicate the horizontal location of water main and sanitary sewer.
23.3 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. The extent and limitations of the duties, responsibilities
and authority of the Engineer as assigned in the construction contract conditions shall not be modified without the
Engineer's written consent; all of the Owner's instructions to the Contractor(s)shall be issued through the Engineer
who shall have authority to act on behalf of the Owner to the extent provided in the construction contract conditions
except as otherwise provided in writing.
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23.4 Review submittals,certifications, brochures, catalog data, and samples,the results of tests and inspections and
other data which the 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.
23.5 Issue all instructions of the Owner to the Contractor(s) and prepare routine change orders as required. The
Engineer may,as the Owner's representative, require special inspection or testing of the work and shall act as
initial interpreter of the terms and conditions of the Contract Documents and judge of the performance thereunder
by the parties thereto and shall render opinions on all claims of the Owner and the Contractor(s) relating to the
execution and progress of the work and all other matters and questions related thereto.
23.6 Based on on-site observations by the inspector,the Engineer will review of the Contractor's applications for
payment and supporting documentation. 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 that the quality of work is in accordance with the Contract Documents;subject to an evaluation of the
work as a functioning project upon substantial completion,to the results of any subsequent tests called for in the
Contract Documents,to minor deviations from the contract documents correctable prior to completion and to any
qualifications stated in his approval. By approving an application for payment,the Engineer shall not be deemed to
have represented that 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.
23.7 Conduct an inspection to determine if the project is substantially complete and a final inspection to determine if the
project has been completed in accordance with the Contract Documents and if each Contractor has fulfilled all of
his obligations thereunder so that the Engineer may approve, in writing,final payment to each Contractor.
23.8 The Engineer will not be responsible for the acts or omissions of any contractor, any subcontractor,or any of the
Contractor's or subcontractor's agents or employees or any other person performing any of the work under the
construction contract.
23.9 Attend meetings or conferences with the Owner at the Engineer's office,the project site or the office of the Owner
as required by the project or as desired by the Owner or Engineer.
23.10 Prepare for the Owner one set of reproducible construction record drawings for the buried pipe portion of the
project,showing those significant changes made during the construction process based on observations,
construction notes, inspection reports and other date furnished to the Engineer by the Contractor or the Resident
Project Representative.
23.11 Provide interpretation of the drawings and specifications.
Construction Observation Services:
In accordance with construction progress,the Engineer shall provide a qualified Resident Project Representative(RPR),
with assistants and other field staff,to observe performance of the work of the Contractor.
Task 24—Deliverable: Construction observation reports, material testing reports.
24.1 The RPR shall be an employee of the Engineer and may be the project engineer(professional engineer III,
Technician II,or a technician IV). The RPR would make periodic visits to the site as deemed necessary, as part of
resident services during construction.
24.2 The RPR shall make on-site observations of the progress and quality of the various aspects of the work of the
Contractor and field checks of materials and equipment. The purpose of the on-site observations shall be to
endeavor to determine, in general, if such work is proceeding in accordance with the contract documents,to
13
endeavor to provide further protection for the Owner against defects and deficiencies and to determine if the
integrity of the design concept as reflected in the contract documents has been implemented and preserved by the
Contractor(s). However,the Engineer/RPR shall not,during such visits or as a result of such observations of the
work of the Contractor(s),supervise, direct or have control over such work nor shall the Engineer/RPR have
authority over or responsibility for the means, methods,techniques,sequences or procedures of construction
selected by the Contractor(s),for safety precautions and programs incident to the work of the Contractor(s)or for
failure of the Contractor(s)to comply with laws, rules, regulations, ordinances,codes,or orders applicable to
Contractor(s)furnishing and performing work. Accordingly, Engineer can neither guarantee the performance of the
construction contracts by Contractor(s) nor assume responsibility for the Contractor's failure to furnish and perform
the work in accordance with the contract documents.
24.3 Based on the on-site observations,the RPR shall endeavor to periodically inform the Owner's representative of the
.progress of the work.
24.4 During on-site observations and as part thereof,the RPR shall disapprove of or reject Contractor's work while it is
in progress if RPR believes that such work will not produce a completed project that conforms generally to the
contract documents or that will prejudice the integrity of the design concept of the project as reflected in the
contract documents.
24.5 The RPR is Engineer's agent at the site and will act as directed by and under the supervision of the Engineer, and
will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall,
in general, be with the Engineer and Contractor keeping the Owner advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and approval of the Contractor. RPR shall
generally communicate with the Owner with the knowledge of and under the direction of the Engineer.
24.6 The duties and responsibilities of the Resident Project Representative as applicable to this project shall be as
follows:
a. Determine Contractor's progress relative to his schedule and the required completion date. Keep the
Engineer advised of the project status.
b. Determine quantities of work completed,and inventory amount of materials stored on site for the purposes of
periodic payments.
c. Attend meetings with Contractor,such as preconstruction conference, and job site conferences. Maintain a
record of job-site meetings attended.
d. Serve as Engineer's liaison with the Contractor,working principally through contractor's superintendent and
assist in understanding the intent of the contract documents. Assist the Engineer in serving as the Owner's
liaison with the Contractor when the Contractor's operation affects the Owner's on-site operations.
e. Assist in obtaining additional details and information from the Owner at the job site for proper execution of the
work, when required.
f. Examine submittals reviewed by Engineer. Receive samples that are furnished at the site by Contractor and
notify Engineer of availability of samples for examination. Advise Engineer and Contractor of commencement
of any work requiring a submittal or sample if the submittal has not been reviewed by the Engineer.
g. Conduct periodic on-site observations of the work in progress to assist Engineer in determining if the work is in
general proceeding in accordance with the contract documents. Report to the Engineer whenever the
Resident Project Representative believes that any work is unsatisfactory,faulty,defective or does not conform
to the Contract Documents,or does not meet the requirements of any inspections,test or approval required to
be made; and advise the Engineer when he believes the work should be corrected or rejected or should be
uncovered for observation or requires special testing inspection or approval. Verify that tests are conducted
as required by the contract documents and in the presence of the required personnel and the Contractor
14
maintains adequate records thereof; and observe, record and report to the Engineer appropriate details
relative to the test procedures.
h. Report to Engineer when clarifications and interpretations of the contract documents are needed and transmit
to Contractor clarifications and interpretations as issued by Engineer.
L Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report with
RPR's recommendations to Engineer. Transmit to Contractor decisions as issued by Engineer.
j. Review correspondence, reports of job conferences,submittals and samples, reproductions of original
contract documents including all work directive changes,addenda,change orders,field orders, additional
drawings issued subsequent to the execution of the contract, Engineer's clarifications and interpretations of
the contract documents, progress reports and other project related documents.
k. Maintain a diary or log book of periodic visits, recording RPR hours related to job,weather conditions, data
relative to questions or work directive changes,change orders or changed conditions, daily activities,
decisions,observations in general, and specific procedures. Record names,addresses and telephone
numbers of all Contractors,subcontractors and major suppliers of material. Furnish copies of diary/log book
to Engineer and Owner if requested.
I. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the
work. Report immediately to Engineer and Owner upon the occurrence of any accident and record details of
any accident in diary/log book if observed.
m. During the course of the work, verify that certificates, maintenance and operation manuals and other data
required to be assembled and furnished by the Contractor are applicable to the items actually installed and in
accordance with the contract documents and have this material delivered to the Engineer for review and
forwarding to the Owner.
n. Before the Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed
items requiring completion or correction. Conduct final inspection in the company of Engineer, Owner and
Contractor and prepare a final list of items to be completed or corrected. Observe that all items on final
checklist have been completed or corrected and make recommendations to Engineer concerning acceptance.
24.7 The limitations of authority shall be such that the Resident Project Representative:
a. Shall not authorize any deviation from the contract documents or substitution of materials unless authorized by
the Engineer(project engineer).
b. Shall not exceed limitations of Engineer's authority as set forth in the contract documents.
c. Shall not undertake any of the responsibilities of Contractor,subcontractors or Contractor's superintendent.
d. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods,
techniques,sequences or procedures of construction unless such advice or directions are specifically required
by the contract documents.
e. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in
connection with the work.
f. Shall not authorize Owner to occupy the project in whole or in part.
24.8 The Resident Project Representative shall provide or arrange for on-site density testing and/or material testing as
required for the project as determined necessary by the Engineer.
G. EXTRA SERVICES:
Services other than those listed under A, B, C, D, E and F of Part I may be required of the Engineer by the Owner. The
Owner shall advise and/or authorize the Engineer to perform extra services. All services not specifically listed under A, B
15
C, D, E and F of Part I are classified as extra services. The extra services offered by the Engineer include, but are not
limited to,the following:
1. Preparation of applications and supporting documents for private or governmental grants, loans or advances in
connection with the project; preparation or review of environmental assessments and impact statements; review and
evaluation of the effect on the design requirements of the project of any such statements or documents prepared by
others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental
impact of the project.
2. Services resulting from significant changes in the general scope, extent or character of the project or its design
including, but not limited to, changes in size,complexity, Owner's schedule, character of construction or method of
financing;and revising previously accepted studies, reports,design documents or contract documents when such
revisions are required by changes in laws, rules, regulations,ordinances,codes or orders enacted subsequent to the
preparation of such studies, reports or documents,or are due to any other causes beyond Engineer's control.
3. Preparing documents for alternate bids as requested by the Owner, unless suggested by Engineer.
4. Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and
overhead expenses; providing value engineering during the course of design;the preparation of feasibility studies,
cash flow and economic evaluations, rate schedules and appraisals; and assistance in obtaining financing for the
project.
5. Services necessitated by out-of-town travel required of the Engineer other than visits to the project site or the offices
of the Owner.
6. Assistance in connection with bid protests, rebidding or renegotiating (subsequent to any initial negotiation at the time
of contract award)contracts for construction, materials,or services.
7. Providing any type of land/property surveys, research, preparation of plats and descriptions or related services
needed for the transfer of interests in real property and acquiring easements.
8. Preparing to serve or serving as a consultant or witness for Owner in any litigation,arbitration,condemnation,or
other legal or administrative proceedings involving the project.
9. Additional services resulting from the project involving separate construction contracts,different building trades, or
separate equipment contracts.
10. Preparation of operating, maintenance and staffing manuals.
11. Additional or extended services during construction made necessary by and not reasonably discoverable by the
Engineer:
a. Work damaged by fire or other cause during construction.
b. A significant amount of defective or neglected work of the Contractor.
c. Prolongation of the construction contract time of any construction contract.
d. Acceleration of the work schedule involving services beyond normal working hours.
e. Default of any contractor or subcontractor on the construction contract.
12. Resubmittal of applications and data and documents required by regulatory agencies for site approval and permits.
13. Performing a hydraulic analysis of the City distribution system with the increased demands on the system due to the
proposed water main extensions and pumping facility construction.
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PART 11.OWNER'S RESPONSIBILITIES
The Owner's responsibilities shall include:
1. Provide all criteria and full information as to the Owner's requirements for the project, including design objectives and
constraints, performance requirements, and any budgetary limitations, and furnish copies of all design and construction
standards which the Owner will require to be included in the drawings and specifications.
2. Assist the Engineer by placing at Engineer's disposal all available information pertinent to the project including previous
reports and any other data relative to planning, design,construction and financing of the project; aerial photographs, utility
maps, plat maps,etc.
3. Furnish to the Engineer, as required for performance of the Engineer's services, information and data prepared by or
services of others as may be available, including without limitation,core borings, subsurface probings;subsurface
explorations, hydrographic surveys, laboratory tests; inspections of samples, materials and equipment; appropriate
professional interpretations of all the foregoing;property, boundary, easement, right-of-way,topographic and utility
surveys; property descriptions,zoning,deed and other land use restrictions; and other special data or consultations not
covered under Part I of this agreement;all of which the Engineer may rely upon in performing his services.
4. Arrange for access to and make all provisions for the Engineer to enter upon public and private property as required for
the Engineer to perform his services under this agreement.
5. Examine all studies, reports,sketches, estimates, letters, drawings, proposals and other documents presented by the
Engineer. Obtain advice of an attorney, insurance counselor and other consultants as the Owner deems appropriate for
such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the
services of the Engineer.
6. Provide such legal,accounting,financial, auditing, and insurance counseling services as may be required for the project,
as may be desired by the Owner, and as may reasonably be requested by the Engineer and any Contractor.
7. Designate a person to act as the Owner's representative with respect to the work to be performed under this Agreement.
Such person shall have complete authority to transmit instructions, receive information, interpret and define the Owner's
policies and decisions with respect to the services covered by this Agreement.
8. Furnish approvals and permits from all governmental authorities having jurisdiction over the project and such approvals
and consents from others as may be necessary for the completion of the project.
9. Pay for all costs incidental to obtaining bids or proposals from contractors and suppliers.
10. Give prompt notice to the Engineer whenever the Owner observes or otherwise becomes aware of any development that
affects the scope or timing of the Engineer's services,or any defect in the work of the Contractor.
11. Authorize the Engineer to provide extra services as desired or required as stipulated in Section D, Part I of this agreement
or any other services as required.
12. Bear all costs incidental to compliance with the requirements of this Part II.
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PART III-COMPENSATION
The Owner shall compensate the Engineer for Part I services rendered as follows:
Section A—Preliminary Design Services
Compensation for Section A—Preliminary Design Services for the English Mill Pumping Facility shall be a lump sum of Eleven
Thousand Eight Hundred Dollars and Zero Cents($11,800.00). Partial payments shall coincide with actual work completed.
Compensation for Section A—Preliminary Design Services for the English Mill Road Water Main Extension shall be a lump
sum of Eight Thousand Five Hundred Dollars and Zero Cents($8,500.00). Partial payments shall coincide with actual work
completed.
Compensation for Section A—Preliminary Design Services for the North Cascade Road Water Main Extension shall be a lump
sum of Forty-Three Thousand Five Hundred Dollars and Zero Cents($43,500.00). Partial payments shall coincide with actual
work completed.
Section B—Final Desiqn Services
Compensation for Section B—Final Design Services for the English Mill Pumping Facility shall be a lump sum of Seventeen
Thousand Seven Hundred Dollars and Zero Cents($17,700.00). Partial payments shall coincide with actual work completed.
Compensation for Section B—Final Design Services for the English Mill Road Water Main Extension shall be a lump sum of
Seven Thousand Five Hundred Dollars and Zero Cents($7,500.00). Partial payments shall coincide with actual work
completed.
Compensation for Section B—Final Design Services for the North Cascade Road Water Main Extension shall be a lump sum
of Sixteen Thousand Three Hundred Dollars and Zero Cents($16,300.00). Partial payments shall coincide with actual work
completed.
Section C—Bidding and Contract Award
Compensation for Section C—Bidding and Contract Award shall be a lump sum of Ten Thousand Five Hundred Dollars and
Zero Cents($10,500.00). Partial payments shall coincide with actual work completed.
Section D—Construction Basic Services
Compensation for Section D—Construction Basic Services for the English Mill.Pumping Facility shall be a lump sum of
Fourteen Thousand Nine Hundred Dollars and Zero Cents($14,900.00). Partial payments shall coincide with actual work
completed.
Compensation for Section D—Construction Basic Services for the English Mill Road Water Main Extension shall be a lump
sum of Fourteen Thousand Four Hundred Dollars and Zero Cents($14,400.00). Partial payments shall coincide with actual
work completed.
Compensation for Section D—Construction Basic Services for the North Cascade Road Water Main Extension shall be a lump
sum of Twelve Thousand One Hundred Dollars and Zero Cents($12,100.00). Partial payments shall coincide with actual work
completed.
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Section E—Construction Observation Services
Compensation for Section E—Construction Observation Services for the English Mill Pumping Facility shall be based on the
time required at the rates indicated on the Schedule of Rates. The estimated fee for construction observation services is
Twenty-Five Thousand Five Hundred Dollars and Zero Cents($25,500.00) based on full-time underground and part-time
building and site construction inspection. Partial payments shall coincide with actual work completed.
Compensation for Section E—Construction Observation Services for the English Mill Road Water Main Extension shall be
based on the time required at the rates indicated on the Schedule of Rates.The estimated fee for construction observation
services is Eighteen Thousand Nine Hundred Dollars and Zero Cents($18,900.00) based on full-time underground inspection.
Partial payments shall coincide with actual work completed.
Compensation for Section E—Construction Observation Services for the North Cascade Road Water Main Extension shall be
based on the time required at the rates indicated on the Schedule of Rates.The estimated fee for construction observation
services is Eighteen Thousand Eight Hundred Dollars and Zero Cents($18,800.00) based on full-time underground
inspection. Partial payments shall coincide with actual work completed.
Section F—Highway 20 Water Main Extension
Compensation for Section F—Preliminary Design for the Highway 20 Water Main Extension shall be a lump sum of Forty-
Seven Thousand Two Hundred Dollars and Zero Cents($47,200.00). Partial payments shall coincide the actual work
completed.
Compensation for Section F—Final Design for the Highway 20 Water Main Extension shall be a lump sum of Seventeen
Thousand Seven Hundred Dollars and Zero Cents($17,700.00). Partial payments shall coincide with actual work completed.
Compensation for Section F—Bidding and Contract Award for the Highway 20 Water Main Extension shall be a lump sum of
Six Thousand Dollars and Zero Cents($6,000.00). Partial payments shall coincide with actual work completed.
Compensation for Section F—Construction Basic for the Highway 20 Water Main Extension shall be a lump sum of Thirteen
Thousand Five Hundred Dollars and Zero Cents($13,500.00). Partial payments shall coincide with actual work completed.
Compensation for Section F—Construction Observation for the Highway 20 Water Main Extension shall be based on the time
required at the rates indicated on the Schedule of Rates. The estimated fee for construction observation services is Twenty-
Five Thousand Three Hundred Dollars and Zero Cents($25,300.00). Partial payments shall coincide with actual work
completed.
Section G—Extra Services
Compensation for Extra Services as defined in Section G of Part I,or other extra services shall be based on the time required
or on a lump sum fee. The lump sum fee is to be established and approved by the Owner and the Engineer prior to performing
defined extra services.
The standard hourly rates shall be adjusted on an annual basis to reflect equitable changes to various cost components on
December 31St of each year. An amendment to the agreement with the adjusted hourly rates shall be prepared.
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PART IV—TERMS AND CONDITIONS
The following General Terms and Conditions shall apply to this Agreement for Professional Services between IIW, P.C.,
herein referred to as the Consultant, and the Client identified as the City of Dubuque, Iowa,
General Terms and Conditions
For City of Dubuque Agreements
The Client shall provide all criteria and full information with regard 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 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. Consultant shall at
all times during the performance of this Agreement provide insurance as required by the City of Dubuque Insurance Schedule C
with a Certificate of Insurance on file with the City.
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 are caused by the joint or concurrent negligence of
Client and Consultant, they shall be borne by each party in proportion to its negligence.
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.
The Consultant and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting
party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its
use on the Project. If the Owner and Consultant intend to transmit Instruments of Service or any other information or
documentation in digital form,they shall endeavor to establish necessary protocols governing such transmissions.
The Consultant and the Consultant's sub-consultants shall be deemed the authors and owners of their respective Instruments
of Service, including the Drawings and Specifications, and shall retain all common law,statutory and other reserved rights,
including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar
purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the
Consultant and the Consultant's subconsultants.
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Upon execution of this Agreement,the Consultant grants to the Owner a nonexclusive license to use the Consultant's
Instruments of Service solely and exclusively for purposes of constructing, using, maintaining,altering and adding to the Project,
provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this
Agreement.The Consultant shall obtain similar nonexclusive licenses from the Consultant's sub-consultants consistent with this
Agreement.The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-
subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors,to reproduce
applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the
Project. If the Consultant rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this
Section 7.3 shall terminate.
In the event the Owner uses the Instruments of Service without retaining author of the Instruments of Service,the Owner
releases the Consultant and sub-consultant(s)from all claims and causes of action arising from such uses. The Owner,to the
extent permitted by law,further agrees to indemnify and hold harmless the Consultant and its sub-consultants from all costs
and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the
extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms
of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4.
Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this
Agreement.The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to
another party without the prior written agreement of the Consultant.Any unauthorized use of the Instruments of Service shall be
at the Owner's sole risk and without liability to the Consultant and the Consultant's sub-consultants.
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 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,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 are 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
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cannot and does not guarantee 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 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 charges.
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 are not a part of our agreement.
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PART V-APPROVAL
IN WITNESS WHEREOF,the parties hereto have made and executed this agreement in duplicate counterparts, each of which
shall be considered as an original by their duly authorized officers as of the date below indicated:
EXECUTED BY THE OWNER THIS DAY OF
CITY OF DUBUQUE, IOWA
MICHAEL C.VAN MILLIGEN
CITY MANAGER
EXECUTED BY THE ENGINEER THIS ® `� DAY OF DECEMBER, 2016
IIW, P.C.
PATRI K R. READY, P.E.
DIRECTOR OF ENGINEERING OPERATIONS
WITNESS:
MARC D. RUDEN, P.E.
PROJECT ENGINEER
CITY OF DUBUQUE, IOWA
WATER SYSTEM IMPROVEMENTS
ENGLISH MILL ROAD PUMPING FACILITY AND WATER MAIN EXTENSION 2017
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