Signed Contract_Fehr Graham for Creek Wood Park Development Copyrighted
January 16, 2018
City of Dubuque Consent Items # 22.
ITEM TITLE: Signed Contract(s)
SUMMARY: Fehr Graham Engineering & Environmental professional
services agreement related to the Creek Wood Park
design and construction management services.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Fehr Graham Agreement Supporting Documentation
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�NGINEERING&ENVIRONMENTAI.
AGREEMENT
FOR PROFESSIONAL SERVICES
Client Ms. Marie L. Ware
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
563.589.�42�`�
Description of Services:
City of Dubuque, lowa - Creek Wood Park Desi�n and Construction Mana�ement Services
Fehr Graham shall provide professional consulting services including design and construction management
phase for the new Creek Wood Park as noted in the project request for qualifications.
5.1 - Project Management �t Accounting
5.2 - Project Manager Deliverables
5.2.1 The Project Manager shall submit and updated electronic copy of the project schedule
on the first Tuesday of each month.
5.2.2 The Project Manager shall submit the project progress report on the first and third
Tuesday of each month. The summary shall be submitted electronically and be less than
a single page in length.
5.3 - Preliminary Design of Creek Wood Park
5.3.1 Meet with City representatives to review the concept plan for the proposed
improvements.
5.3.2 Create a base drawing from City provided topographic survey data.
5.3.3 Prepare 50% plans of the proposed Creek Wood Park development. The City will provide
the topographic survey of the site to the selected consultant. Survey the City currently
has only covers the original part of the park (labeled Lot 2.2 Timber Hyrst Place#2 in
Exhibit E) other than boundary survey.
5.3.4 Meet with City staff to review preliminary design.
5.3.5 Present preliminary design to the City Design Review team for review and comment. I
5.3.6 Make modifications requested; deliver preliminary design to City for distribution to other �',
interested parties on the project. ',
5.3.7 Devetop a construction cost estimate for the improvements.
5.3.8 Acquire all permits required for the project.
5.4- Neighborhood Meeting
5.4.1 Host a public input meeting for the neighborhood and with community invited to share
preliminary design and receive input.
5.4.2 Meet with City staff on input received.
5.5 - Final Design of Creek Wood Park
5.5.1 Complete the final bidding documents including 11x17." plans, construction
specifications, cost estimates. Supply an AutoCAD 20�3�formafi drawing of the
improvements to City of Dubuque Leisure Services.
5.5.2 Coordinate with any utilities involved on the project..
5.5.3 Plans shall be constructed using Statewide Urban Design Standards and plan format.
5.5.4 Deliver plans and specifications to City Leisure Services Department for distribution to
bidders.
1919 210th Street I Manchester, IA 52057 I p.563.927.2060 I f.563.927.3603 I www.fehr-graham.com
Insight. Experience. Results.
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5.6 - Perform Construction Management
5.6.1 Be present at the bid letting. Develop the bid tabulation form and provide a
recommendation on the award of the project.
5.6.2 Lead the pre-construction meeting with the contractor and city staff. Take minutes of
the meeting and disburse the minutes to all appropriate staff.
5.6.3 If needed, review all shop drawings required of the contractor. Stamp and approve shop
drawings.
5.6.4 Answer questions from the contractor during construction. Make site visits during
construction. Assume up to 3 site visits.
5.6.5 Process all payment requests for the project. Maintain the budget for the project.
Provide bi-weekly budget status updates to City of Dubuque Leisure Services.
5.6.6 Administer any change orders that may come up in the project. All change orders need
approval of City of Dubuque Leisure Services prior to executing the change order.
5.6.7 Mark-up an as-built plan of the project at the conclusion of construction.
5.6.8 Maintain atl records for the project. Provide a copy of all records to the Leisure Services �
Department.
5.7- Perform Construction Inspection
5.7.1 All construction inspection will be performed for the project. This includes gradation '
testing, concrete testing, roll testing of the sub-grade, casting beams or cylinders,
breaking beams or cylinders, maintaining a daily inspector diary, etc. if needed.
5.7.2 Supply all records to the City upon completion of the project.
5.8 - TASK 5 - Perform Construction Survey
5.8.1 Perform construction staking of the project. Assume that the project will be staked for
grading and final pavement placement.
5.9 - Project Coordination
5.9.1 Coordination with City Staff: The consultant will participate in multiple coordination
meetings with the City of Dubuque to review preliminary plans and finat plans. The
consultant should plan on a minimum of two (2) meetings for preliminary design and two
(2) meetings for final design.
Attached is our work breakdown structure.
COST: The fee for performing the above services is $18,500.
The attached General Conditions are incorporated into and made a part of this Agreement.
ACCEPTED AND AGREED T0:
I/we, the undersigned, authorize Fehr Graham to provide services as outlined above, and also agree that I/we
are familiar with and ACCEPT THE TERMS OF THE ATTACHED GENERAL CONDITIONS.
CLIENT: CONSULTANT:
Signature By ��� ��«���"
Name /V��CY10.e� C. �G.v�IM�llior.rn Name Ryan M. Wicks, PE
Title �, � Title Branch Manager
Date Accepted � Date Proposed December 18, 2017
18-015
1919 210th Street I Manchester, IA 52057 I p.563.927.2060 I f.563.927.3603 I www.fehr-graham.com
Insight. Experience. Results.
15. Standard of Care- Services performed by Consultant under this agreement will be conducted in a manner consistent with that level
of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other
representation expressed or implied, and no warranty or guarantee is included or intended in any report,opinion or document under
this agreement.
16. Liability Insurance-Consultant will maintain such liability insurance as is required by Insurance Schedule C.
17. Indemnification and Limitation of Liability- Client and Consultant each agree to indemnify and hold the other harmless, includin�
their respective officers, employees, agents, members, and representatives, from and against liability for all claims, costs, losses,
damages and expense, to the extent such claims, tosses, damages or expenses are caused by the indemnifying party's negligence.
The Client understands that for the compensation herein provided FEHR GRAHAM cannot expose itself to liabilifies disproportionate
to the nature and scope of FEHR GRAHAM's services or the compensation payable to it herein.FEHR GRAHAM is covered by professional
liabitity insurance with limits that FEHR GRAHAM considers reasonable. FEHR GRAHAM agrees to indemnify and save CLIENT harmless
for costs, losses, and damages to the extent they are caused by the negligent acts, errors, or omissions of FEHR GRAHAM in providing
professional services under this Agreement, to the amounts, limits, and conditions of such insurance. However, this limitation of
liability applies only to professional liability and does not apply to consultant's general liability. FEHR GRAHAM shall not be responsible
for any loss,damage or liability arising from any act or omission by CLIENT,its agents,staff,Customer,other consultants,independent
contractors, third parties or others working on the Project over which FEHR GRAHAM has no contractual supervision or control.
18. Allocation of Risk- Consultant and Client acknowled�e that, prior to the start of this Agreement, Consultant has not generated,
handled, stored, treated, transported, disposed of, or in any way whatsoever taken responsibility for any toxic substance or other
material found, identified, or as yet unknown at the Project premises. Consultant and Client further acknowledge and understand
that the evaluation, management, and other actions involving toxic or hazardous substances that may be undertaken as part of the
Services to be performed by Consultant,including subsurface excavation or samplin�,entails uncertainty and risk of injury or damage.
Consultant and Client further acknowledge and understand that Consultant has not been retained to serve as an insurer of the safety
of the Project to the Client, third parties, or the public.
Client acknowled�es that the discovery of certain conditions and/or taking of preventative measures.relative to these conditions may
result in a reduction of the property's value.Accordingly,Client waives any claim against Consultant and agrees to indemnify,defend,
and hold harmless Consultant and its subcontractors,consultants,agents,officers,directors,and employees from any claim or liability
for injury or loss allegedly arising from procedures associated with environmental site assessment(ESA)activities or the discovery of
actual or suspected hazardous materials or conditions.Client releases Consultant from any claim for damages resulting from or arising
out of any pre-existing environmental conditions at the site where the work is being performed which was not directly or indirectly
caused by and did not result from, in whole or in part, any act or omission of Consultant or subcontractor, their representatives,
agents, employees, and invitees.
If,while performing the Services set forth in any Scope of Services,pollutants are discovered that pose unanticipated or extraordinary
risks, it is hereby agreed that the Scope of Services, schedule, and costs w.ill be reconsidered and that this Agreement shall
immediately become subject to renegotiation or termination. Client further agrees that such discovery of unanticipated hazardous
risks may require Consultant to take immediate measures to protect health and safety or report such discovery as may be required
by law or regulation. Consultant shall promptly notify Client upon discovery of such risks. Client, however, hereby authorizes
Consuttant to take all measures Consultant believes necessary to protect Consultant and Client personnel and the public.Furthermore,
Client agrees to compensate Consultant for any additional costs associated with such measures.
19. REMOVED.
20. Termination-The obligation to provide further services under this Agreement may be terminated by either party upon seven(7)days �
written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault
of the terminating party. In the event of any termination, Consultant will be paid for all services rendered to the date of receipt of
written notice of termination,at Consultant's established chargeout rates,plus for all Reimbursable Expenses including a 15%markup.
21. Provision Severable-The unenforceability or invalidity of any provisions hereof shall not render any other provisions herein contained
unenforceable or invalid.
22. Governing Law and Choice of Venue-Client and Consultant agree that this Agreement will be governed by, construed, and enforced
in accordance with the laws of the State of lowa. If there is a lawsuit, Client and Consultant agree that the dispute shall be submitted
to the jurisdiction of the lowa District Court in and for Dubuque County, lowa.
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GENERAL CONDITIONS TO AGREEMENT FOR PROFESSIONAL SERVICES
1. The Client requests the professional services of Fehr Graham hereinafter called"The Consultant"as described herein.
2. The Consultant agrees to furnish and perform the professional service described in this Agreement in accordance with accepted
professional standards. Consultant agrees to provide said services in a timely manner, provided, however, that Consultant shall not
be responsible for delays in completing said services that cannot reasonably be foreseen on date hereof or for delays which are caused
by factors beyond his control or delays resulting from the actions or inaction of any governmental agency. Consultant makes no
warranty,expressed or implied, as to his findings, recommendations, plans and specifications or professional advice except that they
were made or prepared in accordance with the generally accepted engineering practices.
3. It is agreed that the professional services described in the Agreement shall be performed for Client's account and that Client will be
billed monthly for said services.A 1�/2%per month service charge will be incurred by Client for any payment due herein and not paid
within 30 days of such billing which is equal to an ANNUAL PERCENTAGE RATE OF 18%. Partial payments will be first credited to the
accrued service charges and then to the principal.
4. The Client and the Consultant each binds himself, his partners,successors,executors,and assigns to the other party to this agreement
and to the partners, successor, executors, and assigns of such other party in respect to this a�reement.
5. The Client shall be responsible for payment of all costs and expenses incurred by the Consultant for his account, induding any such
monies that the Consultant may advance for Client's account for purposes consistent with this Agreement.
6. The Consultant reserves the right to withdraw this Agreement if not accepted within 30 days.
7. REMOVED.
8. The Consultant shall present, for the consideration of the Client, engineering and technical alternatives, based upon its knowledge
and experience in accordance with accepted professional standards,with selection of alternatives and final decisions as requested by !
the client to be the sole responsibility of the Client. �I
9. Construction Phase Activities (When applicable) - In connection with observations of the work of the Contractor(s) while it is in
progress the Consultant shall make visits to the site at intervals appropriate to the various stages of construction as the Consultant
deems necessary in Agreement to observe as an experienced and qualified desi�n professional the progress and quality of the various ',
. aspects of the Contractor(s)'s work. Based on information obtained during such visits and on such observation, the Consultant shall
endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and the Consultant shall
keep the Client informed of the progress of the work.
The purpose of the Consultant's visits to the site will be to enable the Consultant to better carry out the duties and responsibilities
assigned to and undertaken by the Consultant during the Construction Phase, and, in addition, by exercise of the Consultant's efforts
as an experienced and qualified design professional,to provide for the Client a greater degree of confidence that the completed work
of the Contractor(s)will,conform generally to the Contract Documents and that the integrity of the design concept as reflected in the
Contract Documents has been implemented and preserved by the Contractor(s). The Consultant shall not, during such visits or as a
result of such observations of Contractor(s)'work in progress, supervise, direct or have control over Contractor(s)' work nor shall the
Consultant have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction
, selected by Contractor(s),for safety precautions and programs incident to the work of Contractor(s)or for any failure of Contractor(s)
to comply with laws, rules, regulations, ordinances, codes, or orders applicable to Contractors(s) furnishing and performing their
work.Accordingly, the Consultant can neither guarantee the performance of the construction contracts by Contractor(s) nor assume
responsibility for Contractor(s)' failure to furnish and perform their work in accordance with the Contract Documents.
10. Estimates of Fees-When fees are on a time and material basis the estimated costs required to complete the services to be performed
are made on the basis of the Consultant's experience, qualifications, and professional judgment, but are not guaranteed. If the costs
appear likely to exceed the estimate in excess of ZO%, the Consultant will notify the Client before proceeding. If the Client does not
object to the additional costs within seven(7)days of notification, the increased costs shall be deemed approved by the Client.
11. The Consultant is responsible for the safety on site of his own employees. This provision shall not be construed to relieve the Client
or the Contractor(s)from their responsibility for maintainin�a safe work site. Neither the professional services of the Consultant, nor
the presence of his employees or subcontractors shall be construed to imply that the Consultant has any responsibility for any activities
on site performed by personnel other than the Consultant's employees or subcontracto'rs.
12. Original survey data, field notes, maps, computations, studies, reports, drawings, specifications and other documents generated by
the Consultant are instruments of service and shall remain the property of the Consultant.The Consultant shall provide copies to the
Client of all documents specified in the Description of Services.
Any documents generated by the Consultant are for the exclusive use of the Client and any use by third parties or use beyond the
intended purpose of the document shall be at the sole risk of the Client. To the fullest extent permitted by law, the Client shall
indemnify, defend and hold harmless the Consultant for any loss or damage arising out of the unauthorized use of such documents.
13. REMOVED.
14. If a Client's Purchase Order form or acknowledgment or similar form is issued to identify the agreement, authorize work, open
accounts for invoicing, provide notices, or document change orders, the preprinted terms and condition of said Purchase Order shall
be superseded by the terms hereof.
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