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McFadden Farm Grading Phase I Project - Project Award Copyrighted September 4, 2018 City of Dubuque Action Items # 2. ITEM TITLE: McFadden Farm Grading Phase I Project- ProjectAward SUMMARY: City Manager to recommend award of the McFadden Farm Grading Phase I Project. Documentation will be distributed at the meeting due to the timing of the bid opening at 2:00 p.m., September 4, 2018. RESOLUTION Awarding Public Improvement Contract for the DICW - McFadden Farm Grading Phase I Project SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type McFadden Farm Grading Phase I - NNM Memo City Manager Memo McFadden Farm Gading Phase I - Award - Staff Memo Staff Memo McFadden Farm Grading PH I - Award Form Supporting Documentation Award Recommendation to City Supporting Documentation McFadden Farm Gading Phase I - Award Resolution Resolutions THE CITY OF Dubuque � D �J L E ulnr�oCmi ,�I ��l► Masterpiece on the Mississippi Z°°''Zo'Z 2013 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: DICW - McFadden Farm Grading Phase I DATE: September 4, 2018 On September 4, 2018, sealed bids were received for the McFadden Farm Grading Phase I Project. City Engineer Gus Psihoyos is recommending award to the low bidder, Peterson Contractors Inc. in the amount of$458,370. This is 4.58°k under the engineers estimate. I concur with the recommendation and respectfully request Mayor and City Council approval. �� Mic ael C. Van Milligen �� MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Rick Dickinson, Greater Dubuque Development Corporation President & CEO THE�ITY�F u u ue All-AmericaCit y � � r � r �s e �ece on e ississ� i 0 2007•2012•2013•2017 . . . . : �c ae . an � � en � ana er , . . . � us s� o os � n �neer . , . � c a en arm ra �n ase . _ � e em er . , . . . e encose reso u �on au or�zes e awar o e cons ruc �on con rac or e . — c a en arm ra �n ase . . . n u o e � u rc ase . acres o ro e rom c a en ro e �es , , . . . . , . . c a en arm . e c a en arm �s w� �n e � s curren �n us r�a ar . . . . . . a on avene e oa an �s a acen o ex�s �n eve o e �n us r�a ro e a . . . . . . . as � u � � �es ava� a e a � s er�me er. . . . . . . . . u u ue �s one o mu � e commun� �es un ercons� era �on a com an rev�ew�n . . oca �ons or a cor ora e ex ans�on. . . . . . . e com an wou e a s� n� �can user o � wa er an sewer serv�ces an rev�ous . . . . . . . � �nves men s �n e � wa er an sewer s s ems os� �on e � we o mee e . . . u � � nee s. se ec e e com an wou urc ase a rox�ma e acres rom e , . . . � o u u ue �n u u ue n us r�a en er es . , . . . . . n or er o s ren en u u ue s � or se ec �on an o rema�n a v�a e o �on rea er , . . . . . . u u ue eve o men or ora �on �s recommen �n an ex e � e an o e �n s� e . . . . . re ara �on on � ro er �n e u u ue n us r�a en er es as soon as oss� e. . . rea e r u u u e as a so a ree o u n o e es �m a e es� n , , . . . . . . cos s or e s� e. � ou nc� a roves e recommen a �ons a � or e s� e . , re ara �on wor cou e awar e as ear as e . . . . . . . . . . . wou no e recommen �n �s ex e � e s� e re ara �on �nves men � � no �n . . . . u u ue as a rea o o un� o a rac �s ro ec . u u ue �s no se ec e or . . . . . . . . e ro ec e es �ma e �nves men �n s� e re ara �on w� ma e e s� e , , . . more mar e a e or u u re o o u n� �es. DISCUSSION With the adoption of the FY2019 Capital Improvement Program Budget amendment, there will be funding in the amount of$632,000 for the development of the McFadden farm property from existing balances in the Urban Renewal District and the Greater Dubuque Development Corporation contribution. BID RESULTS The City of Dubuque received the following bids for the DICW — McFadden Farm Grading Phase I project, on September 4, 2018. Contractor Total Bid Peterson Contractors Inc. $ 458,370.00 CJ Moyna & Sons, Inc. $ 550,335.50 Connolly Construction Inc. $ 555,186.10 Steger Construction Inc. $ 708,078.90 Tschiggfrie Excavating Co. $ 798,801 .00 Peterson Contractors Inc. of Reinbeck, lowa, submitted low bid in the amount of $458,370.00. This amount is 4.58°k under the estimate of probable cost RECOMMENDATION I recommend that the contract for the DICW— McFadden Farm Grading Phase I project be awarded to Peterson Contractors Inc of Reinbeck, lowa in the amount of $458,370.00. BUDGETIMPACT The summary of cost for the DICW— McFadden Farm Grading Phase I project is summarized as follows: Estimate Award Construction Contract $ 485,120.00 $458,370.00 Contingency 48,512.00 48,512.00 Engineering Design, Administration & Inspection 80,044.80 80,044.80 Total Project Cost $ 613.676.80 $ 586.926.80 2 FUNDING SOURCE The project funding summary is as follows: CIP No. FY Fund Description Fund Amount 3601056 2019 Dubuque Industrial Center West land sales $ 717,000.00 Total Project Funding S 717.000.00 The Phase 1 grading will be funded by Dubuque Industrial Center West land sales, and the Greater Dubuque Development Corporation. This money will be repaid if the company selects Dubuque and purchases the site. ACTION TO BE TAKEN I recommend that the City Council adopt the attached resolution awarding the construction contract for the DICW— McFadden Farm Grading Phase I project to Peterson Contractors Inc of Reinbeck, lowa in the amount of$458,370.00. Attachments Prepared by Todd Irwin cc: Jenny Larson, Budget Director Maurice Jones, Economic Development Director Todd Irwin, Engineering Technician 3 T"E"�'�F City of Dubuque, lowa DUB E Construction Contract Award Masterpiece on the Mississippi oate: 4-Sep-18 Project Name: McFadden Fartn Grading-Phase 1 Contracror Name: Peterson Contractors Inc. Atltlress BoxA Ciry,state,Zip Reinbeck,lA 50669-0155 ContractAwartlAmount: $458,370.00 ProjectCompletionDate: i6-Nov-18 NOE RNUMBERE DESCRIPTION q��T�T� UNIT UNITPRICE TOTALPRICE Division 1-General Provisions 1 1090-105-D Mobil¢ation 1 LS $ 25,000.00 $ 25,000.00 Sub Total $ 25,000.00 Division 2010-Earthwork,Subgratle,antl Subbase 2 2010-108-C-0 Clearing antl Grubbing C 1 LS $ 1,000.00 $ 1,000.00 3 2010-108-D-1 Topsoil,Sirip&Stockpile 10900 CV $ 1.60 $ 17,440.00 4 2010-108-D-1 Topsoil,Spreatl 1500 CV $ 2.40 $ 3,600.00 5 2010-108-E-0 Excavation,Class 10 135370 CV $ 220 $ 297,814.00 6 2010-108-E-0 Excavation,Class 12 100 CV $ 10.00 $ 1,000.00 7 2010-108-E-0 Excavation,Class 13 15800 CV $ 1.90 $ 3Q020.00 8 2010-108-I-0 Subbase,Coarse Aggregate Subbase-3"Breaker 675 TON $ 11.70 $ 7,897.50 Sub Total $ 358,771.50 Division 3010-Trench Excavation antl Bac�ll 9 3010-108-D-0 Betltling Material,1"Commercial Clean Stone 35 TON $ 37.00 $ 1,295.00 Sub Total $ 1,295.00 Division 4030-Pipe Culverts 10 4030-108-A-1 Pipe Culvert,Trenchetl,18"HDPE 120 LF $ 31.45 $ 3,774.00 Sub Total $ 3,774.00 Division 4040-Subtlrains antl Footing Drain Collectors 11 4040-108-A-0 Subtlrein,4"PertoretetlCPE 1900 LF $ 8.60 $ 16,340.00 Sub Total $ 16,340.00 IDOT Division 2528-Traffic Control 12 IDOT2528.04-A TreffcConirol 1 LS $ 1,000.00 $ 1,000.00 Sub Total $ 1,000.00 Division 9010-Seetling 13 9010-108-A-0 Conventional-Seetling,Fertilizing,antl Mulching,Type 2 2 AC $ 1,500.00 $ 3,000.00 14 9010-108-A-0 Conventional-Seetling,Fertilizing,antl Mulching,Type 5 16 AC $ 800.00 $ 12,800.00 Sub Total $ 15,800.00 Division 9040-Erosion antl Setliment Control 15 9040-108-A-2 SWPPPManaqement 1 LS $ 4,000.00 $ 4,000.00 16 9040-108-E-0 TemporeryRECP,Type1.0 360 SV $ 325 $ 1,170.00 17 9040-108-L-1 Setliment Basin,Outlet Siructure,12" 1 EA $ 4,310.00 $ 4,310.00 18 9040-108-L-1 Setliment Basin,Outlet Siructure,12" 1 EA $ 4,310.00 $ 4,310.00 19 9040-108-L-2 SetlimeniBasin,RemovalofSetliment 4 EA $ 2,985.00 $ 11,940.00 20 9040-108-D-1 FitlerSocks,12" 2,150 LF $ 425 $ 9,137.50 21 9040-108-T-1 Inlet Protection Device,Surtace Applietl 2 EA $ 100.00 $ 200.00 22 9040-108-T-2 Inlet Protection Device,Maintenance 2 EA $ 1.00 $ 2.00 23 9040-108-H-0 Temporery Earih Diversion Siructures,Type 3,18" 1,200 LF $ 1.10 $ 1,320.00 Sub Total $ 36,389.50 Total Bid $ 458,370.00 IIW, P. C. September 4, 2018 www.iiwengr.com ARCHITECTURE Gus Psihoyos CIVILENGINEERING Todd Irwin CONSTRUCTION SERVICES City of Dubuque Engineering ENVIRONMENTAL ENGINEERING 50 West 13'h Street LAND SURVEYING Dubuque, lowa 52001 MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING Re: CityofDubuque, �OWB TRANSPORTATIONENGINEERING McFadden Farm Grading Phase I IIW Project No.: 18142 Dennis F. Waugh, PEISE* Chatles A. Cate, PE** Dear Gus and Todd: cary o. sejkora, Pe ^� Michael A. Jansen, PEISE Bids for the McFadden Farm Grading Phase I project were opened and read at 2:00 p.m. on Timothy J. Tranel, PE* September 4, 2018. Five (5) bids were received for this project. donn F. wandsnider, Pe Julie P. Neebel, PE James P. Kaune, PE After reviewing the bids, it was determined the low bid was submitted by Peterson Contractors, Inc. rnomas�. oster, P�s�^ of Reinbeck, lowa. The total of the Base Bid amount was $458,370.00. wray n cniiders, P�s�^ Geoffry T. Blandiq PE To the best of our knowiedge, Peterson Contractors, Inc. has the experience, workforce and Mark C. Jobgen, PE** equipment to propedy complete this contract. We recommend award of this project to Peterson Lauren N. Ray, PEISE Contractors, Inc. in the amount of$458,370.00. codyr. nustin, Pe^ Marc D. Rudeq PE The Base Bid estimated total cost for this ro ect was $480,395.00. The low bid of$458,370.00 is Mark R. Fassbinder,AIA* p � Michael A. Rudeq NCARBIAIA* $22,025.00 below the Engineer's estimate. Enc�. Heiminiak, PEisE� JeHrey J. Brandt, PLS Feel free to contact our offce if you have any questions. Thank you. craig�. ceiser, P�s David A. Leapaldt, AIA, CID* SIf1C0f01y, Nathan W. Miller, PE IIW, P.C. Damian D. Baumhover, NCARBIAIA NicholasA. Schneider, PE Chnstian J. Hendrie,AIA 7 _ ..y _/ �_-��_-� � Eldon M. Schneider, PE �- � Whitney A. Lougheed,AIA* Cody T. Austin, P.E., LEED AP Patrick R. Ready, PE Project Manager&Civil Engineer Nicholas M. Rettenberger,AIA ChnstopherA. Beckliq PE Coudney E. Wand, PE Jonathan H. Lutz, PE John M. Tranmer, PLS Andrew C. Busch, NCARBIAIA Marie P.Amundsoq PE Bryson E. Winsky, PE Jeri M. Vondera, PE Noah J. HofncMer, PE AndrewJ. Goedkeq PE Emily M. Cmwe, PE *LEED AP **Retired 4155 Pennsylvania Avenue, Dubuque, IA 52002-2628 � [P] 563.556.2464/800.556.4491 � [F] 563.556.7811 � � � . � . I I � RESOLUTION NO. 267-18 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DICW · MCFADDEN FARM GRADING PHASE I PROJECT Whereas, the City purchased 36.5 acres of property from McFadden properties, LLC (McFadden Farm). The McFadden farm is within the City's current industrial park, along Chavenelle Road, is adjacent to existing developed industrial property and has City utilities available at its perimeter; and Whereas, Dubuque is under consideration by a company reviewing locations for a corporate expansion; and Whereas, to strengthen Dubuque's bid for selection and to remain a viable option for the project, the Greater Dubuque Development Corporation and City staff are recommending an expedited plan to begin site preparation on City property in Dubuque Industrial Center West; and Whereas, sealed proposals have been submitted by contractors for the DICW- McFadden Farm Grading Phase I project, (the Project) pursuant to Resolution No. 239- 18 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 22nd day of August 2018; and Whereas, said sealed proposals were opened and read on the 4th day of September 2018 and it has been determined that Peterson Contractors Inc of Reinbeck, Iowa, submitted low bid in the amount of $458,370.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Peterson Contractors Inc and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 4"' day of September 20~ , i . . ~o~~i Attest: -·,./~ ~] ~~~ Kevjrf!S. Firnstafll, CMC, City Clerk eo)--71 AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DUBUQUE, IOWA AND IIW, P.C. FOR THE DUBUQUE INDUSTRIAL CENTER WEST PROJECT MCFADDEN IIW Project No. 18142 THIS AGREEMENT is made this 2nd day of November, 2018, by and between: City of Dubuque 50 West 13th Street Dubuque, IA 52001-4854 hereinafter referred to as the "Owner", and IIW, P.C. 4155 Pennsylvania Avenue Dubuque, Iowa 52002-2628 a professional corporation in Dubuque, Iowa, hereinafter referred to as the "Engineer". WHEREAS, the Owner wishes to expand the "Dubuque Industrial Center West" Industrial Park through the development of property known as Project McFadden Phase I & II Design. WHEREAS, the Owner desires to engage the Engineer to provide professional services required for preliminary design, preparing construction documents & permitting, and assistance with bidding & contract documents; 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: IIW, P.C. www.iiwengr.com ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING Dennis F. Waugh, PE/SE* Charles A. Cate, PE ** Gary D. Sejkora, PE ** Michael A. Jansen, PE/SE Timothy J. Tranel, PE* Julie P. Neebel, PE James P. Kaune, PE Thomas J. Oster, PLS ** Wray A. Childers, PLS ** Geoffry T. Blandin, PE Mark C. Jobgen, PE ** Lauren N. Ray, PE/SE Cody T. Austin, PE* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, NCARB/AIA* Eric J. Helminiak, PE/SE* Jeffrey J. Brandt, PLS Craig L. Geiser, PLS David A. Leapaldt, AIA, CID* Nathan W. Miller, PE Damian D. Baumhover, NCARB/AIA Nicholas A. Schneider, PE Christian J. Hendrie, AIA Eldon M. Schneider, PE Whitney A. Lougheed, AIA* Patrick R. Ready, PE Nicholas M. Rettenberger, AIA Christopher A. Becklin, PE Courtney E. Wand, PE Jonathan H. Lutz, PE John M. Tranmer, PLS Andrew C. Busch, NCARB/AIA Marie P. Amundson, PE Bryson E. Winsky, PE Jeri M. Vondera, PE Noah J. Hofrichter, PE Andrew J. Goedken, PE Emily M. Crowe, PE * LEED AP ** Retired ijw PART I - SCOPE OF SERVICES SECTION A— PRELIMINARY DESIGN (Phase 1) The scope of professional services for this 3 week, intensive effort is to take the Conceptual Design completed to date and advance the design using an expedited process. This process will include concentrated design sessions with stakeholders to gather, discuss, and make decisions as quickly as possible based on the hard requirements of the schedule. 1. Project administration including correspondence, discipline coordination, and time management to facilitate communication, manage the budget, and comply with the schedule. These responsibilities are founded in identifying the project success factors to deliver an exceptional client experience. 2. Compile readily available existing site data including topographic survey, boundary information, geotechnical explorations, environmental studies, and wetland delineations. The information will be used as the basis for preliminary design, and establish a base plan for document preparation. Some of this effort was included in the Conceptual Design prepared to date associated with the pursuit of the prospect. 3. Establish design criteria for this initial development by considering potential development of adjacent properties using a master planning approach, coupled with evaluating scenarios for the current City owned parcels. The intent is to identify scenarios for this site and adjacent sites to inform design parameters and capitalize on shared benefits, 4. Preliminary design of earthwork, storm water management, traffic access & circulation, and utility routing based on an assumed building & site program development, as well as assumed future build -out. The design will consider the full development grading of the initial 20 acres + 20 acres expansion will consider the topography and geology of the entire site, previously referred to as Project Pappy. A future street & utility corridor can be preserved along the west boundary allowing connection to Pennsylvania Avenue. Storm water management will likely be necessary in the SE corner so we allocated space for a likely temporary sediment basin / permanent detention basin. In the recent past, allocating space for an expansion to the west of Unison Solutions was considered. Revising the grading in the SE corner may still allow an expansion. 5. Regulatory coordination to confirm permitting requirements, including preparing exhibits and corresponding with regulatory agencies. SECTION B — CONSTRUCTION DOCUMENTS AND PERMITTING (Phase I) The scope of professional services for this 1 week, intensive effort is to take the Conceptual Design to the Construction Documents using an expedited process. This process will include concentrated meetings with stakeholders to gather, discuss, and make decisions as quickly as possible to meet the schedule requirements. 1. Project management, including schedule management, budget management, team coordination, and project correspondence. 2. Provide the following for a single bidding contract: a. Plans, details, notes and schedules. b. Quantity take -off and project cost estimate for use in initiation of bidding at council meeting. c. Delivery to the City of the SUDAS Project workbook. 3. Prepare submittal to the Owner for review according to PUD requirements, City zoning and building code ordinances. 4. Progress meeting with the Owner to verify the construction documents and request authorization to proceed with regulatory permitting that will include: a. Prepare notice of storm water discharge and publish in onenewspaper. b. Prepare Storm Water Pollution Prevention Plan. c. Prepare "Notice of Intent for NPDES Coverage". 2 Deliverables: 1) Construction documents, construction workbook submitted to the City for approval; 2) Final plans with City approval for letting; 3) Engineer's Opinion of Cost. SECTION C — BIDDING AND AWARD (Phase I and II) 1. Project management, including schedule management, budget management, team coordination, and project correspondence. 2. It is our understanding the City will create contract and bidding documents, notice and bid request, information for bidders, bid forms, bid bond forms, contractor's certification forms, agreement forms, performance and payment bonds, general contract conditions, supplemental general contract conditions, special contract provisions, and special instructions to the contractor. 3. Respond to questions from contractors during bidding. Attend bid opening, tabulate and evaluate bids received. Deliverables: 1) Bid tabulation with written recommendation of award. SECTION D — PRELIMINARY DESIGN (Phase II) 1. Project administration including correspondence, discipline coordination, and time management to facilitate communication, manage the budget, and comply with the schedule. These responsibilities are founded in identifying the project success factors to deliver an exceptional client experience. 2. Compile readily available existing site data including topographic survey (as -constructed Phase I improvements merged with existing topo survey of remainder of 40 acre site), boundary information, geotechnical explorations, environmental studies, and wetland delineations. The information will be used as the basis for preliminary design, and establish a base plan for document preparation. 3. Establish design criteria by considering potential development of adjacent properties using a master planning approach, coupled with evaluating scenarios for the current City owned parcels. The intent is to identify scenarios for this site and adjacent sites to inform design parameters and capitalize on shared benefits. 4. Preliminary design of earthwork, storm water management, traffic access & circulation, and utility routing based on an assumed building & site program development, as well as assumed future build -out. The design will consider the full development Grading of the initial 20 acres + 20 acres expansion will consider the topography and geology of the entire site, previously referred to as Project Pappy. A future street & utility corridor can be preserved along the west boundary allowing connection to Pennsylvania Avenue. 5. Regulatory coordination to confirm permitting requirements, including preparing exhibits and corresponding with regulatory agencies. SECTION E — CONSTRUCTION DOCUMENTS AND PERMITTING (Phase II) 1. Project management, including schedule management, budget management, team coordination, and project correspondence. 2. Provide the following for a single bidding contract: a. Plans, details, notes and schedules. b. Quantity take -off and project cost estimate for use in initiation of bidding at council meeting. c. Delivery to the City of the SUDAS Project workbook. 3 Prepare submittal to the Owner for review according to PUD requirements, City zoning and building code ordinances. 4. Progress meeting with the Owner to verify the construction documents and request authorization to proceed with regulatory permitting that will include: a. Prepare notice of storm water discharge and publish in one newspaper. b. Prepare Storm Water Pollution Prevention Plan. c. Prepare "Notice of Intent for NPDES Coverage". 3 Deliverables: 1) Construction documents, construction workbook submitted to the City for approval; 2) Final plans with City approval for letting; 3) Engineer's Opinion of Cost. SECTION EX EXTRA SERVICES Services other than those listed under A, B, C, D and E, Part I, may be required of the Engineer by the Owner. The Owner shall advise and/or authorize the Engineer to perform extra services. All services not specifically listed under A, B, C, D and E are classified as extra services. The extra services offered by the Engineer include, but are not limited to, the following: 1. Services resulting from significant changes in the general scope, extent or character of the project or its design including, but not limited to, changes in size, schedule, complexity, character of construction or method of financing. This includes Owner requested changes to previously approved deliverables. 2. Services resulting from revising previously accepted studies, reports, design documents or contract documents when revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of studies, reports or documents, or are due to any other causes beyond the Engineer's control. This includes Owner requested changes to previously approved deliverables. 3. Phase I or II construction administration, construction observation, and material testing. 4. Final platting. 5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses. 6. Services necessitated by out-of-town travel required of the Engineer other than visits to the project site or the offices of the Owner. 7. Assistance in connection with bid protests, rebidding or renegotiating (subsequent to any initial negotiation at the time of contract award) contracts for construction, materials, equipment or services, unless directly resulting from errors and omissions by the Engineer. 8. Negotiations with property owners related to preparation of plats and descriptions or related services needed for the transfer of interests in real property and acquiring easements. 9. Preparing to serve or serving as a consultant or witness for the Owner in any litigation, arbitration, condemnation, or other legal or administrative proceedings involving the project. 10. Additional services resulting from the project involving separate construction contracts, separate equipment contracts or separate building trades unless proposed by the Engineer. 11. Additional or extended services during construction made necessary by and not reasonably discoverable by the Engineer such as: a. Work damaged by fire or other cause during construction. b. A significant amount of defective or neglected work of the Contractor. c. Prolongation of the construction contract time of any construction contract. d. Acceleration of the work schedule involving services beyond normal working hours. e. Default of any contractor or subcontractor on the construction contract. 12. Preparation of additional permits, including but not limited to, an individual permit and associated wetland mitigation plan. 4 PART II - OWNER'S RESPONSIBILITIES The Owner shall do the following in a timely manner so as not to delay the services of Engineer: 1. Designate a person to act as Owner's representative with respect to the services to be rendered under this agreement. The Owner's representative shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to the Engineer's services for the project. 2. Work with the Engineer to establish the Owner's criteria and requirements. Criteria shall include design objectives, design and construction constraints, capacity and performance requirements, flexibility and expandability requirements and budgetary limitations. 3. Furnish copies of all design and construction standards that the Owner requires in the drawings and specifications. 4. Place at the Engineer's disposal all available design or construction related reports, data and information. 5. Furnish to the Engineer without limitation: a. Borings, probing and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment prepared by others. b. Appropriate professional interpretations of the foregoing; c. Environmental assessment and impact statements; d. Property, boundary, easement, right-of-way, topographic and utility surveys; e. Property descriptions; f. Zoning, deed and other land use restriction 6. Coordinate with the Engineer for access for the Engineer to enter upon public and private property as required for the Engineer to perform services under this agreement. 7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Engineer. Obtain advice of an attorney, insurance counselor and other consultants, as the Owner deems appropriate for examination. Render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Engineer. 8. Furnish approvals and permits as may be required from the Owner and pay permit or approval fees of other governmental authorities having jurisdiction over the project. 9. Provide legal, accounting, and insurance counseling services as may be required for the project. 10. Give prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of the Engineer's services, or any defect or nonconformance in the work of any Contractor. 11. Direct the Engineer to provide Extra Services as desired and as stipulated in Section EX of Part I of this agreement. 12. Pay all costs incidental to obtaining permits from applicable agencies, and bids or proposals from contractors and/or suppliers; and all costs incidental to compliance with the requirements of Part II. 5 PART III - COMPENSATION The following Scope of Services shall be hourly with a not to exceed fee of $103,100.00 (one hundred and three thousand, one hundred dollars and zero cents): Section A — Preliminary Design (Phase I) Section B — Construction Documents and Permitting (Phase I) Section C — Bidding and Award (Phase I and II) Section D - Preliminary Design (Phase II) Section E — Construction Documents and Permitting (Phase II) Extra Services as defined in Section EX of Part 1, or other extra services, shall be based either on the time required at the Engineer's normal hourly rates, or on a lump sum fee. The lump sum fee is to be established and approved by the Owner and the Engineer prior to performing defined extra services. PART IV - SCHEDULE The actual and anticipated schedule milestones are as follows: Phase I — Preliminary Design, Construction Documents & Permitting August 16, 2018 Phase I — Bidding & Award September 4, 2018 Phase II — Preliminary Design January 2019 Phase II — Construction Documents & Permitting March 2019 Phase II - Bidding & Award April 2019 PART V - TERMS AND CONDITIONS 1. CONSULTANT'S ENDORSEMENT ON PLANS The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer, or licensed professional architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 2. CHANGE IN SCOPE OF SERVICES No changes in scope shall be permitted during this project without the prior written agreement of both parties and the WBS being updated. 3. SUBSTITUTION OF PROJECT TEAM MEMBERS The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project may be changed if those personnel leave the Consultant. These personnel may also be changed for other reasons however, in either case, the City retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express, prior written permission of the City of Dubuque. 4. INSURANCE Consultant shall at all times during the performance of this Agreement provide insurance as required by the attached City of Dubuque Insurance Schedule C. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to, attorneys' fees arising out of or resulting from performance of the Contractor, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or. destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Consultant, Consultant's subcontractor, or anyone directly or indirectly employed by Consultant or Consultant subcontractor or anyone for whose acts Consultant or Consultant's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 6. ERRORS AND OMISSIONS In the event that the work product prepared by the Consultant is found to be in error and revision or reworking the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the City, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. 7. OWNERSHIP OF ENGINEERING DOCUMENTS All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City and shall be delivered to the Project Manager upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitations of their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the City's sole risk and without liability or legal exposure to the Consultant. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in the contract. Any change to these specifications by either the City or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. 7 The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 8. SUBLETTING, ASSIGNMENT OR TRANSFER Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Engineer and approved by the City. 9. COMPENSATION All billings to the City by the Engineer are due and payable upon the receipt by the City of the statement. Billings for which compensation has not been made within thirty (30) days of the statement date shall be assessed an interest fee of eighteen percent (18%) per annum on the unpaid balance commencing on the thirty-first day after the billing date. No deduction shall be made from the Engineer's compensation on account of penalty, liquidated damages, or other amount withheld from payments to the Contractor(s). 10. TERMINATION Either party may terminate this Agreement for anyreason, with or without cause, upon 14 days written notice. Upon termination of this Agreement, full payment shall be made to the Consultant for services and expenses up to the date of the notice of termination. 11, MEDIATION Owner and Consultant desire to resolve any disputes or areas of disagreement involving the subject matter of this Agreement by a mechanism that facilitates resolution of disputes by negotiation rather than by litigation. Owner and Consultant also acknowledge that issues and problems may arise after execution of this Agreement which were not anticipated or are not resolved by specific provisions in this Agreement. Accordingly, both Owner and Consultant will endeavor to settle all controversies, claims, counterclaims, disputes, and other matters in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect, unless Owner and Consultant mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Neither demand for mediation nor any term of this Dispute Resolution clause shall prevent the filing of a legal action where failing to do so may bar the action because of the applicable statute of limitations. If despite the good faith efforts of Owner and Consultant any controversy, claim, counterclaim, dispute, or other matter is not resolved through negotiation or mediation, Owner and Consultant agree and consent that such matter may be resolved through legal action in any state or federal court having jurisdiction. 8 PART VI - 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 CITY OF DUBUQUE, IOWA Day of D/- , 201 Michael Van Millig'-n, City Manager Executed by the Engineer this Day ofa, 20 jb IIW, P.C. ikhael A. Jansen, P.E., S.E., President & CEO Attachment: City of Dubuque Insurance Schedule J. The Dubuque Industrial Center West Project McFadden 9 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J 1. I 14-1 • shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Finance Director. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project # or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the ill Ilkc! Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to certificate of insurance. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Finance Director and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. Page 1 of 4 Schedule J Professional Services November 2017 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) Exhibit I COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the standard ISO commercial general liability form CG 0001, or business owners form BP 0002, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project (s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2026. 6) Policy shall include Waiver of Right to Recover from Others endorsement. AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Coverage B Statutory—State of Iowa Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Nonelection of Workers' Compensation or Employers' Liability Coverage under Iowa Code sec. 87.22 _ yes _ form attached Page 2 of 4 Schedule J Professional Services November 2017 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) D) UMBRELLA/EXCESS LIABILITY $1,000,000 Umbrella/excess liability coverage must be at least following form with the underlying policies included herein. E) PROFESSIONAL LIABILITY $1,000,000 Provide evidence of coverage for 5 years after completion of project. CYBER LIABILITY yes X no $1,000,000 Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 3 of 4 Schedule J Professional Services November 2017 City of Dubuque Insurance Requirements for Professional Services PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule J Professional Services November 2017