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East-West Corridor Capacity Improvements: Approve Professional Consultant Services ContractCity of Dubuque City Council Meeting Action Items # 2. Copyrighted December 20, 2021 ITEM TITLE: East-West Corridor Capacity Improvements: Approve Professional Consultant Services Contract - Preliminary Engineering Design and Environmental Clearance Phase SUMMARY: City Manager recommending approval of the Professional Consultant Services Contract with HDR, Inc. to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of the East-West Corridor Capacity Improvements along University Avenue at the intersections at Loras Boulevard, Asbury Road and Pennsylvania Avenue. RESOLUTION Approving Professional Services Consultant Contract with HDR, Inc. to complete the preliminary engineering design and environmental clearance phase to advance the development of East- West Corridor Capacity Improvements SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description East-West Corridor Capacity Improvements Professional Services Contract-MVM Memo Staff Memo Resolution Contract Type City Manager Memo Staff Memo Resolutions Supporting Documentation THE CITY OF Dubuque DUB TEE1. All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: East-West Corridor Capacity Improvements Approve Professional Consultant Services Contract Preliminary Engineering Design and Environmental Clearance Phase Iowa DOT Project No. STBG-SWAP-2100 (698)--SG-31 DATE: December 15, 2021 Assistant City Engineer Bob Schiesl recommends City Council approval of the Professional Consultant Services Contract with HDR, Inc. to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of the East-West Corridor Capacity Improvements along University Avenue at the intersections at Loras Boulevard, Asbury Road and Pennsylvania Avenue. The estimated professional services fee to complete the preliminary engineering design and environmental clearance phase is $1,042,055. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer THE COF DtUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer Dubuque *kmerlcm Ciq !�9N MTV 1 RN , I f:k AR. 2007*2012.2013 2017*2019 SUBJECT: East-West Corridor Capacity Improvements Approve Professional Consultant Services Contract Preliminary Engineering Design and Environmental Clearance Phase Iowa DOT Project No. STBG-SWAP-2100 (698)--SG-31 DATE: December 14, 2021 INTRODUCTION The purpose of this memorandum is to request Mayor and City Council concurrence and approval of the Professional Consultant Services Contract with HDR, Inc. of Omaha, Nebraska, to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of East-West Corridor Capacity Improvements along University Avenue at the intersections at Loras Boulevard, Asbury Road, and Pennsylvania Avenue. BACKGROUND The US Highway 20 corridor is the primary east -west route in the City of Dubuque and future traffic volume projections indicate US Highway 20 alone will not provide sufficient capacity for east -west travel in the City. Capacity along alternate east -west corridors will need to be improved to provide connectivity between the western growth areas and the downtown urban core. To advance this objective, the City completed the East-West Corridor Connectivity Study. The purpose of the study was to; analyze the east -west traffic flow in the City; identify corridor improvements or modifications to support growing traffic demands; and to consider transit needs, pedestrian needs, and sustainability. The four east -west corridors identified in the study area are: Asbury Road; Pennsylvania Avenue; University Avenue; and Loras Boulevard. The adopted East - West Corridor Connectivity Study report has acted as the City's Master Plan for both short-term and long-term capacity improvements or corridor modifications to support growing east -west traffic flow in the City. The study included recommended improvements supporting complete streets concepts, multi -modal transportation, vehicle, pedestrian, bicycle, and recreational improvements. The report included 32 proposed capacity improvement projects along the four corridors. Capacity improvements identified include a series of intersection realignments, intersection improvements, turn lane additions, add traffic signal interconnect and Intelligent Transportation System (ITS) improvements along each corridor. In August 2017, the City Council listed the East - West Corridor Capacity Improvement Implementation as a "Top - Priority" in its 2017-2019 Goals and Priorities and directed City staff to begin implementation plans for the recommendations contained in the East- West Corridor Connectivity Report. In an effort to advance this top priority, the City has already completed the following improvements: Project Year Cost Property Acquisition 2016 $ 853,300 Asbury -University Grandview - Delhi 2016 $ 827,000 Roundabout Loras - Grandview 2017 $ 370,300 Traffic Signals University - Grandview 2018 $1,200,000 Roundabout Total Improvements To -Date $3,250,300 pu�E past/'West Corridor Capacity Improvements W+-_L .......... , ,,..., :._:..... 5 Grandviewll- r,, Property Acquisition Traffic Signal Improvements Gornplstetl: 2016 Cc m plete d: 201? University. Liras, Asbury Pennsylvania Overlap Section E' '+ Proposed Roundabouts _ Preliminary Design! : Q,. Env ron rn erta l StL d y: 2020 �x< � r Gra Roundabavers:ty Roundabout �'°¢+f - Completed: 2018 . ? '- Grandvi.MDONIGrsoe77 Roundabcu. MEM". Gonpleted: 2016 UNIVERSITY - OVERLAP SECTION IMPROVEMENTS The section of University Avenue, from Pennsylvania Avenue to Loras Boulevard, referred to as the "Overlap Section" was recommended for converting the three intersections along University Avenue to roundabouts. In January 2019, the City began the process to de -federalize the East-West Corridor project by paying back the federal funds previously used for property acquisition. On August 19th, 2019, the City received the FHWA final closure acceptance for the defederalization of funds related to the East - West Corridor project. Now that the project defederalization is completed, in December 2020, the SWAP Funding Agreement was executed which will now allow the City to utilize both local City funding and SWAP funding to begin the preliminary engineering and environmental study phase for intersection capacity improvements along the University Avenue, Loras Boulevard to Pennsylvania Avenue "Overlap Section". With funds currently programmed in FY2022, the next steps in the design development process is to begin the preliminary engineering and environmental study phase for intersection capacity improvements along the University Avenue, Loras Boulevard to Pennsylvania Avenue "Overlap Section". The preliminary engineering phase is anticipated to take approximately 12 months to complete. Once the preliminary engineering and environmental study are completed, corridor impacts will be identified, and property acquisition could begin which is anticipated to take approximately 2 years to complete. Once property acquisition is completed within the Overlap Section, construction to convert the three intersections along University Avenue to roundabouts could take approximately 2-3 years to complete. CONSULTANT SELECTION COMMITTEE The Consultant Selection Committee for the Preliminary Engineering Design and Environmental Study Phase includes the following: • Gus Psihoyos, City Engineer • Wally Wernimont, Planning Services Manager • Robert Schiesl, Assistant City Engineer • Tony Breitbach, Purchasing Coordinator • Nate Steffen, Civil Engineer • Steve Fehsal, Parks Manager CONSULTANT SELECTION PROCESS Because the Professional Consultant Services contract to complete the preliminary engineering design phase will use SWAP funding, the RFP and consultant selection process is being performed in accordance with the Iowa Department of Transportation (Iowa DOT) consultant selection process. The consultant selection and ranking were based upon the overall strength of information provided in the Consultant's response proposal submitted, the Consultant's presentation and interviews, and the Consultant's demonstrated competence, experience, and qualifications. On September 20, 2021, the City issued solicitations for competitive proposals from qualified professional consulting engineering firms or project teams to determine interest and capabilities providing Professional Consultant Services that include preliminary engineering design and environmental study services for intersection capacity improvements along University Avenue from the intersections at Loras Boulevard, Asbury Road, and at Pennsylvania Avenue, in the City of Dubuque. On October 8, 2021, four (4) consultant response proposals were received and are listed as follows (in alphabetical order): • AECOM • Foth Infrastructure & Environment, LLC • HDR, Inc. • Snyder & Associates, Inc. The Consultant Selection Committee reviewed the proposals, conducted an initial screening, and selected AECOM, Foth and HDR to participate in virtual presentations and interviews on October 19t" and 201", 2021. Following the consultant interviews, the Consultant Selection Committee met to evaluate and rate each of the consultants. The Committee carefully deliberated each consultant's strengths and weaknesses. Although each of the consultants was uniquely qualified, the Selection Committee selected HDR, Inc. of Omaha, Nebraska as the first - ranked consultant. The selection ranking was based upon the overall strength of information provided in the Consultant's response proposal submitted, the Consultant's presentation and interviews, and the Consultant's demonstrated competence, experience, and qualifications. The final consultant selection evaluation and ranking form is attached and the recommended order of preference to initiate contract negotiations is as follows: • No. 1 - HDR, Inc. • No. 2 - AECOM • No. 3 - Foth Infrastructure & Environment, LLC On November 1, 2021, the Mayor and City Council concurred with the Consultant Selection Committee's recommendation in the selection of HDR, Inc. of Omaha, Nebraska, as the first -ranked Consultant and authorized the City Engineer to initiate contract negotiations for Professional Consultant Services to complete the preliminary engineering design and environmental clearance phase. DISCUSSION HDR, Inc. is a nationally recognized, full -service design consultant, with a strong emphasis in urban corridor transportation engineering solutions and innovative public involvement and engagement strategies. The Consultant Selection Committee felt the HDR comprehensive team members have direct experience that will cover all necessary aspects of the preliminary engineering design and environmental review and clearance phase, which will include the following: • Traffic Evaluations & Design • Roundabout Analysis & Design • Environmental Review • Strategic Communications / Public Engagement • Multimodal / Complete Streets • Innovative Survey • Federal -Aid Swap Funding Project Development Experience Additionally, the Consultant Selection Committee felt the HDR project team has the qualifications, experience and a good historical knowledge of the East-West Corridor University Overlap Section which will minimize the project team's transitional start-up time and allow the preliminary design phase to move forward efficiently and effectively. PROJECT TEAM To address and take on the unique challenges and specialized needs of the East-West Corridor University Overlap Section preliminary design phase, HDR assembled an in- depth, multidisciplinary project team with the capability, talent, qualifications, and experience to successfully complete the preliminary engineering design and environmental review and clearance phase. The HDR project team includes the following sub-consultant(s): HDR, Inc. - Lead Consultant • MSA Professional Services, Inc. • Iowa -Counts • Tallgrass Archaeology, LLC • Terracon A principal sub -consultant on the HDR team is MSA Professional Services, Inc. with local offices in the Dubuque area. MSA's experience includes work on hundreds of roundabout projects across the nation, including on -call review services for several State DOTs, including Iowa, Wisconsin, Georgia, Colorado, Texas, Arizona, Minnesota, and Maine. PROJECT MANAGER An important evaluation criteria was the qualifications and experience of the lead consultant's Project Manager. HDR has designated Senior Transportation Engineer, Mr. Chris Malmberg, P.E. to lead the project team. • 20+ years of professional experience in urban arterial / highway planning and design with impressive credentials as a proven Project Manager and a solid team leader. • Project Manager and lead roadway designer for the original East-West Connectivity Study. • Project Manager for the US Highway 20 - Swiss Valley interchange NEPA & Preliminary and Final Design. • Project Manager on the US Highway 20 - Northwest Arterial Intersection Study, currently underway. DEPUTY PROJECT MANAGER To assist HDR Project Manager, Chris Malmberg, MSA Transportation Team Leader, Ben Wilkinson, P.E., will lead the team as Deputy Project Manager. Mr. Wilkenson has focused his professional career on roundabout design, analysis, public education, and outreach. He has designed or reviewed more than 300 modern roundabouts, including complex interchanges, five -legged roundabouts, and three -lane roundabouts. 0 Served as Assistant Project Manager for the Grandview / Delhi roundabout, the City of Dubuque's first modern roundabout. • Served as Assistant Project Manager for the Grandview / University roundabout. • Assisted City staff in developing Dubuque's roundabout project delivery and public engagement process. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS HDR has committed to achieving the 2.5% Disadvantaged Business Enterprise (DBE) goal for the Project as established in Title 49, Code of Federal Regulations (CFR), part 26. The project team DBE firm and the estimated percent of involvement are as follows: • Tallgrass Archaeology, LLC (2.5% of project cost) PROJECT SCHEDULE The anticipated remaining schedule for the East-West Corridor Capacity Improvements Consultant scope of services, fee proposal negotiations and contract approval are as follows: • RFP's Released to Consultants • Consultant Response Proposals Due • Selection Committee Review • Consultant(s) Invited to Interview • Consultant Presentations / Interviews • Recommendation to City Council • Consultant - Notification September 20, 2021 October 8, 2021 October 14, 2021 October 15, 2021 October 19 - 20, 2021 November 1, 2021 November 2, 2021 • Negotiate Scope of Services / Fees Nov 3 - Dec 10, 2021 • City Council Approve Contract December 20, 2021 • Consultant - Notice to Proceed January 3, 2022 ✓ Completed ✓ Completed ✓ Completed ✓ Completed ✓ Completed ✓ Completed ✓ Completed ✓ Completed Upon execution of the Professional Consultant Services Contract with HDR, Inc., the anticipated project schedule to advance the development of East-West Corridor Capacity Improvements along University Avenue at the intersections at Loras Boulevard, Asbury Road, and Pennsylvania Avenue is as follows: • Kick off Meeting • Develop Communication Plan • Corridor Topographic Survey • Traffic Study/Environmental Studies • Public Meeting #1 • Alternatives Development & Screening • Public Meeting #2 • Draft 30% Design Plan Submittal • Draft 65% Design Plan Submittal • Final 65% Design Plan Submittal • Public Meeting #3 • Property Acquisition Plats January 19, 2022 January 31, 2022 March, 2022 March, 2022 April 7, 2022 May, 2022 June 16, 2022 August 24, 2022 December 7, 2022 January, 2023 January, 2023 February, 2023 RECOMMENDATION Based upon the developed consultant scope of work and the negotiated fee for services, I recommend the Mayor and City Council concur and approve the Professional Consultant Services Contract with HDR, Inc., to complete the preliminary engineering design and environmental clearance phase. BUDGETIMPACT The estimated professional services fee to complete the preliminary engineering design and environmental clearance phase is summarized as follows: Description Amount HDR - Professional Services Contract $ 1,042,055 Project Cost $ 1,042,055 The anticipated project funding summary is as follows: CIP Funding Source Amount 2501039 City - DMATS STBG SWAP Funds $ 842,055 3001039 City - Local Funds 200,000 Project Funding $ 1,042,055 ACTION TO BE TAKEN I respectfully request Mayor and City Council approval of the attached resolution authorizing the City Manager to execute the Professional Consultant Services Contract with HDR, Inc., to complete the preliminary engineering design and environmental clearance phase to advance the development of East-West Corridor Capacity Improvements along University Avenue at the intersections at Loras Boulevard, Asbury Road, and Pennsylvania Avenue. cc: Jenny Larson, Director of Finance and Budget Wally Wernimont, Planning Services Manager Tony Breitbach, Purchasing Coordinator Nate Steffen, Civil Engineer Steve Fehsal, Parks Manager Kent Ellis, Iowa DOT F:\PROJECTS\EAST-WEST CORRIDOR STUDY\2021 Consultant PE NEPA RFP Prepared by Robert Schiesl City of Dubuque Engineering 50 W 131h St Dubuque IA 52001 (563) 589 4270 Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 130 St. Dubuque, IA 52001 (563) 589-4100 RESOLUTION NO. 446-21 RESOLUTION APPROVING PROFESSIONAL SERVICES CONSULTANT CONTRACT WITH HDR, INC. TO COMPLETE THE PRELIMINARY ENGINEERING DESIGN AND ENVIRONMENTAL CLEARANCE PHASE TO ADVANCE THE DEVELOPMENT OF EAST -WEST CORRIDOR CAPACITY IMPROVEMENTS Whereas, the City Council listed the East - West Corridor Capacity Improvement Implementation as a "Top -Priority" in its 2017-2019 Goals and Priorities; and Whereas, the City Council has directed City staff to begin implementation plans for the recommendations contained in the East-West Corridor Connectivity Report; and Whereas, in accordance with the Iowa Department of Transportation consultant selection process, the City solicitated competitive proposals from qualified consulting engineering firms to determine interest and capabilities to perform preliminary engineering design and environmental clearance phase; and Whereas, the Mayor and City Council concurred with the Consultant Selection Committee's recommendation in the selection of HDR, Inc. of Omaha, Nebraska, as the first -ranked Consultant and authorized the City Engineer to initiate contract negotiations for Professional Consultant Services to complete the preliminary engineering design and environmental clearance phase; and Whereas, the City in collaboration with HDR, Inc., developed a consultant scope of work and a negotiated fee for services in the amount of $ 1,042,055 for Professional Consultant Services to complete the preliminary engineering design and environmental clearance phase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That said Professional Services Consultant Contract with HDR, Inc. to complete preliminary engineering design and the environmental clearance phase for East-West Corridor Capacity Improvements is hereby approved. Section 2. The City Manager is authorized and directed to execute the Professional Services Consultant Contract with HDR, Inc. Passed, approved and adopted this 20th day of December, 021. Attest: Roy D. ol, Mayor 4� w 642�k Adrienne N. Breitfelder, City Clerk Page 1 of 37 Contract No. Owner Project No. CIP 2501039 / 3001039 Iowa DOT Project No. STBG-SWAP-2100 (698)--SG-31 Funding Agreement No. 6-19-STBG-SWAP-039 Agreement for Professional Services Federal-aid Non-participating East-West Corridor Capacity Improvements This AGREEMENT, made as of the date of the last party’s signature below, is by and BETWEEN the City of Dubuque, the Owner, located at: City Hall, 50 W 13th St Dubuque, IA 52001 Phone: (563) 589-4270 and HDR Engineering, Inc., the Consultant, located at: 1917 S 67th Street Omaha, NE 68106 Phone: (402) 399-1000 For the following Project: East-West Corridor Capacity Improvements, Preliminary Engineer Design and Environmental Clearance Phase. The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA) (when applicable), U.S. Department of Transportation (when applicable). The Owner desires to employ the Consultant to provide Professional Engineering Services that include Final Engineering Design to assist with the development and completion of the Project. The Consultant is willing to perform these services in accordance with the terms of this Agreement. Page 2 of 37 TABLE OF CONTENTS Article Number And Description 1 Initial Information 1.1 Project Parameters 1.2 Financial Parameters 1.3 Project Team 1.4 Time Parameters 1.5 Minimum Qualification Standards 2 Entire Agreement, Required Guidance and Applicable Law 2.1 Entire Agreement of the Parties 2.2 Required Guidance 2.3 Applicable Law 3 Form of Compensation 3.1 Method of Reimbursement for the Consultant 3.2 Subconsultant’s Responsibilities for Reimbursement 4 Terms and Conditions 4.1 Ownership of Engineering Documents 4.2 Subconsultant Contract Provisions and Flow Down 4.3 Consultant's Endorsement on Plans 4.4 Progress Meetings 4.5 Additional Documents 4.6 Revision of Work Product 4.7 Extra Work 4.8 Extension of Time 4.9 Responsibility for Claims and Liability 4.10 Current and Former Agency Employees (Conflicts of Interest) 4.11 Suspension of Work 4.12 Termination of Agreement 4.13 Right to Set-off 4.14 Assignment or Transfer 4.15 Access to Records 4.16 Iowa DOT and FHWA Participation 4.17 Nondiscrimination Requirements 4.18 Compliance with Title 49, Code of Federal Regulations, Part 26 4.19 Severability Attachment A - Scope of Services Attachment B - Specifications Attachment C - Fees and Payments Attachment C-1 – Cost Analysis Worksheet Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters Attachment E - Certification of Consultant Attachment F - Certification of Owner Attachment G - Sample Invoice Form Attachment H - Consultant Fee Proposal Attachment I - Subconsultant Scope and Budget Page 3 of 37 ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Project Parameters The objective or use is:  Update the previous study with current traffic volumes  Confirm preferred alternative through alternatives analysis process  Environmental studies and documentation  Field Surveys (Topo/Geotech)  Preliminary design through 65% plans for the preferred alternative  Right-of-Way Design  Strategic Communications 1.2 Financial Parameters 1.2.1 Amount of the Owner's budget for the Total Professional Services Agreement compensation is: $1,040,619 1.2.3 Amount of the Owner's budget for the Consultant's compensation is: $602,700 (HDR Engineering, Inc.) 1.2.3 Amount of the Consultant's budget for the subconsultants' compensation is: $437,919 (MSA, Terracon, Tallgrass) 1.3 Project Team 1.3.1 The Owner's Designated Representative, identified as the Contract Administrator is: Robert D. Schiesl, P.E., Assistant City Engineer The Contract Administrator is the authorized representative, acting as liaison officer for the Owner for purpose of coordinating and administering the work under the Agreement. The work under this Agreement shall at all times be subject to the general supervision and direction of the Contract Administrator and shall be subject to the Contract Administrator's approval. 1.3.2 The Consultant's Designated Representative is: Chris Malmberg, P.E. 1.3.3 The subconsultants retained at the Consultant's expense are identified in the following table: Subconsultant Amount Authorized Maximum Amount Payable Method of Payment MSA $393,536 $393,536 Cost Plus Fixed Fee Terracon $24,600 $24,600 Specific Rate of Compensation Tallgrass $19,783 $19,783 Specific Rate of Compensation 1.4 Time Parameters 1.4.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 1.4.2 Milestones for completion of the work under this Agreement as follows: 1. Notice to proceed: January 19, 2022. 2. 65% Plans, Draft ROW Tracts / Legals shall be completed and in a form acceptable to the Owner on or before March 1, 2022. 3. Completion of all work under this agreement shall be on or before September 1, 2023, unless extended by written approval of the Contract Administrator or adjusted by supplemental agreement. 1.4.3 The Consultant shall not begin final design activities until after the Owner has been notified by the Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the Owner will provide the Consultant notice to proceed with final design activities. Page 4 of 37 notice, the Owner will provide the Consultant notice to proceed with final design activities. 1.5 Minimum Qualification Standards (MQS) 1.5.1 The Consultant and their subconsultants are required to meet the Minimum Qualifications Standards (MQS) requirements of specified work categories as defined in the Iowa DOT’s Policy and Procedure Manual (PPM), Policy No. 300.04, at the time of contract execution, and for the duration of the contract. 1.5.2 All services within this agreement shall be performed by the Consultant or subconsultant who meets the MQS of the specified work categories as defined Iowa DOT PPM 300.04. If no work category exists for a particular service, normal methods of acceptance shall be used, such as experience, typical licensure, certification or registration, or seals of approval by others. 1.5.3 In addition to the foregoing requirements of Sections 1.5.1 and 1.5.2, in providing Services under this Agreement, the Consultant shall perform in a manner consistent with that degree of professional care and skill ordinarily exercised by members of the same professional discipline currently practicing under similar circumstances at the same time and in the same or similar locality. ARTICLE 2 ENTIRE AGREEMENT, REQUIRED GUIDANCE, AND APPLICABLE LAW 2.1 Entire Agreement of the Parties. This Agreement, including its attachments, represents the entire and integrated agreement between the Owner and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Consultant. This Agreement comprises the documents listed as attachments in the Table of Contents. The work to be performed by the Consultant under this Agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver the scope of services provided in Attachment A. 2.2 Required Guidance. All services shall be in conformity with the Specifications outlined in Attachment B, the Iowa Department of Transportation Federal-aid Project Development Guide, Instructional Memorandums to Local Public Agencies (I.M.s), and other standards, guides or policies referenced therein. In addition, applicable sections of the U.S. Department of Transportation Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications and estimates. 2.3 Applicable Law. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in the Dubuque County District Court of Iowa, Dubuque, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the Owner. The Consultant shall comply with all Federal, State and local laws and ordinances applicable to the work performed under this Agreement. ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement for the Consultant. 3.1.1 Compensation for the Consultant shall be computed in accordance with one of the following compensation methods, as defined in Attachment C: .1 [X] Cost Plus Fixed Fee - Attachment C .2 [ ] Lump Sum - Attachment C .3 [ ] Specific Rate of Compensation - Attachment C .4 [ ] Unit Price - Attachment C .5 [ ] Fixed Overhead Rate - Attachment C 3.1.2 When applicable, compensation for the subconsultant(s) shall be computed in accordance with one of the payment methods listed in section 3.1.1. Refer to section 1.3.3 for identification of the method Page 5 of 37 of payment utilized in the subconsultant(s) contract. The compensation method utilized for each subconsultant shall be defined within the subconsultant contract to the Consultant. 3.2 Subconsultant’s Responsibilities for Reimbursement. The Consultant shall require the subconsultants (if applicable) to notify them if they at any time determine that their costs will exceed their estimated actual costs. The Consultant shall not allow the subconsultants to exceed their estimated actual costs without prior written approval of the Contract Administrator. The prime Consultant is cautioned that cost under-runs associated with any subconsultant's contract are not available for use by the prime Consultant or other subconsultant unless the Contract Administrator, Iowa DOT, and FHWA (when applicable) have given prior written approval. ARTICLE 4 TERMS AND CONDITIONS 4.1 Ownership of Engineering Documents 4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the Owner and shall be delivered to the Contract Administrator upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitation on their future use by the Owner, 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 Owner's sole risk and without liability or legal exposure to the Consultant. 4.1.2 The Owner 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 Owner upon completion of the services and payment in full of all moneys due to the Consultant. 4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment B. Any change to these specifications by either the Owner 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. 4.1.4 The Owner 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. 4.1.5 The Owner 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. 4.2 Subconsultant Contract Provisions and Flow Down 4.2.1 All provisions of this Agreement between the Owner and Consultant shall also apply to all subconsultants hired by the Consultant to perform work pursuant to this Agreement. It is the Consultant’s responsibility to ensure all contracts between Consultant and its subconsultants contain all provisions required of Consultant in this Agreement. The only recognized exception to this requirement is under provision 3.1.2 when the subconsultant has a different method of reimbursement than the Consultant. 4.2.2 The Consultant may not restrict communications between the Owner and any of the subconsultants. The Consultant will encourage open communication among the Owner, the Consultant and the subconsultants. 4.3 Consultant's Endorsement on Plans. The Consultant and its subconsultants shall endorse and certify the completed project deliverables prepared under this Agreement, and shall affix thereto the seal of a professional engineer or architect (as applicable), licensed to practice in the State of Iowa, in accordance with the current Code of Iowa and Iowa Administrative Code. Page 6 of 37 4.4 Progress Meetings. From time to time as the work progresses, conferences will be held at mutually convenient locations at the request of the Contract Administrator to discuss details of the design and progress of the work. The Consultant shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the Contract Administrator, to enable the Contract Administrator to pass judgment on the features and progress of the work. 4.5 Additional Documents. At the request of the Contract Administrator, the Consultant shall furnish sufficient documents, or other data, in such detail as may be required for the purpose of review. 4.6 Revision of Work Product 4.6.1 Drafts of work products shall be reviewed by the Consultant for quality control and then be submitted to the Contract Administrator by the Consultant for review and comment. The comments received from the Contract Administrator and the reviewing agencies shall be incorporated by the Consultant prior to submission of the final work product by the Consultant. Work products revised in accordance with review comments shall constitute "satisfactorily completed and accepted work.” Requests for changes on work products by the Contract Administrator shall be in writing. In the event there are no comments from the Contract Administrator or reviewing agencies to be incorporated by the Consultant into the final work product, the Contract Administrator shall immediately notify the Consultant, in writing, that the work product shall constitute "satisfactorily completed and accepted work.” 4.6.2 In the event that the work product prepared by the Consultant is found to be in error and revision or reworking of the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the Owner, 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 to the project schedule. The above and foregoing is not to be construed as a limitation of the Owner's right to seek recovery of damages for negligence on the part of the Consultant herein. 4.6.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed and accepted work product or parts thereof revised, the Consultant shall make such revisions if requested and directed by the Contract Administrator in writing. This work will be paid for as provided in Article 4.7. 4.7 Extra Work. If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this Agreement, and constitutes "Extra Work,” it shall promptly notify the Contract Administrator in writing to that effect. In the event that the Contract Administrator determines that such work does constitute "Extra Work", the Consultant shall promptly develop a scope and budget for the extra work and submit it to the Contract Administrator. The Owner will provide extra compensation to the Consultant upon the basis of actual costs plus a fixed fee amount, or at a negotiated lump sum. The Consultant shall not proceed with “Extra Work” without prior written approval from the Owner and concurrence from the Iowa DOT. Prior to receipt of a fully executed Supplemental Agreement and written Notice to Proceed, any cost incurred that exceeds individual task costs, or estimated actual cost, or the maximum amount payable is at the Consultant’s risk. The Owner has the right, at its discretion, to disallow those costs. However, the Owner shall have benefit of the service rendered. 4.8 Extension of Time. The time for completion of each phase of this Agreement shall not be extended because of any delay attributed to the Consultant, but may be extended by the Contract Administrator in the event of a delay attributed solely to the Owner or the Contract Administrator, or because of unavoidable delays beyond the reasonable control of the Consultant. 4.9 Responsibility For Claims And Liability 4.9.1 The Consultant agrees to defend, indemnify, and hold the Owner, the State of Iowa, the Iowa DOT, their agents, employees, representatives, assigns and successors harmless for any and all liabilities, costs, demands, losses, claims, damages, expenses, or attorneys' fees, including any stipulated damages or penalties, which may be suffered by the Owner as the result of, arising out of, or related to, the negligence, negligent errors or omissions, gross negligence, willfully wrongful misconduct, or breach of any covenant or warranty in this Agreement of or by the Consultant or any of its employees, agents, directors, officers, subcontractors or subconsultants, in connection with this Agreement. Page 7 of 37 4.9.2 The Consultant shall obtain and keep in force insurance coverage for professional liability (errors and omissions) with a minimum limit of $1,000,000 per claim and in the aggregate, and all such other insurance required by law. Proof of Consultant’s insurance for professional liability coverage and all such other insurance required by law will be provided to the Owner at the time the contract is executed and upon each insurance coverage renewal. 4.10 Current and Former Agency Employees (Conflicts of Interest) The Consultant shall not engage the services of any current employee of the Owner or the Iowa DOT unless it obtains the approval of the Owner or the Iowa DOT, as applicable, and it does not create a conflict of interest under the provisions of Iowa Code section 68B.2A. The Consultant shall not engage the services of a former employee of the Owner or the Iowa DOT, as applicable, unless it conforms to the two-year ban outlined in Iowa Code section 68B.7. Similarly, the Consultant shall not engage the services of current or former FHWA employee without prior written consent of the FHWA, and the relationship meets the same requirements for State and local agency employees set forth in the above- referenced Iowa Code sections and the applicable Federal laws, regulations, and policies. 4.11 Suspension of Work under this Agreement 4.11.1 The right is reserved by the Owner to suspend the work being performed pursuant to this Agreement at any time. The Contract Administrator may affect such suspension by giving the Consultant written notice, and it will be effective as of the date established in the suspension notice. Payment for the Consultant's satisfactorily performed services will be made by the Owner to the date of such suspension, in accordance with the applicable provisions in Article 4.12.2 or Article 4.12.3 below. 4.11.2 Should the Owner wish to reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days' written notice within a period of one year after such suspension, unless this period is extended by written consent of the Consultant. 4.11.3 In the event the Owner suspends the work being performed pursuant to this Agreement the Consultant with approval from the Contract Administrator, has the option, after 180 days to terminate the contract. 4.12 Termination of Agreement 4.12.1 The right is reserved by the Owner to terminate this Agreement at any time and for any reason upon not less than ten (10) days written notice to the Consultant. 4.12.2 In the event the Agreement is terminated by the Owner without fault on the part of the Consultant, the Consultant shall be paid for the reasonable and necessary work performed or services rendered and delivered up to the effective date or time of termination. The value of the work performed and services rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Contract Administrator and to the Consultant. The Consultant shall be paid a portion of the fixed fee, plus actual costs, as identified in Attachment C. Actual costs to be reimbursed shall be determined by audit of such costs to the date established by the Contract Administrator in the termination notice, except that actual costs to be reimbursed shall not exceed the Maximum Amount Payable. 4.12.3 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the Consultant shall be paid only for work satisfactorily performed and delivered to the Contract Administrator up to the date established by the termination notice. After audit of the Consultant's actual costs to the date established by the Contract Administrator in the termination notice and after determination by the Contract Administrator of the amount of work satisfactorily performed, the Contract Administrator shall determine the amount to be paid to the Consultant. 4.12.4 This Agreement will be considered completed when the scope of the project has progressed sufficiently to make it clear that construction can be completed without further revisions in that work, or if the Consultant is released prior to such time by written notice from the Contract Administrator. 4.13 Right to Set-off. In the event that the Consultant owes the Owner any sum under the terms of this Page 8 of 37 Contract, the Owner may set off the sum owed to the Owner against any sum owed by the Owner to the Consultant under any other contract or matter in the Owner's sole discretion, unless otherwise required by law. The Consultant agrees that this provision constitutes proper and timely notice of the Owner’s intent to utilize any right of set-off. 4.14 Assignment or Transfer. The Consultant is prohibited from assigning or transferring all or a part of its interest in this Agreement, unless written consent is obtained from the Contract Administrator and concurrence is received from the Iowa DOT and FHWA, if applicable. 4.15 Access to Records. The Consultant is to maintain all books, documents, papers, accounting records and other evidence pertaining to this Agreement and to make such materials available at their respective offices at all reasonable times during the agreement period, and for three years from the date of final closure of the Federal-aid project with FHWA, for inspection and audit by the Owner, the Iowa DOT, the FHWA, or any authorized representatives of the Federal Government; and copies thereof shall be furnished, if requested. 4.16 Iowa DOT and FHWA Participation. The work under this Agreement is contingent upon and subject to the approval of the Iowa DOT and FHWA, when applicable. The Iowa DOT and FHWA shall have the right to participate in the conferences between the Consultant and the Owner, and to participate in the review or examination of the work in progress as well as any final deliverable. 4.17 Nondiscrimination Requirements. 4.17.1 During the performance of this Agreement, the Consultant agrees to comply with the regulations of the U.S. Department of Transportation, contained in Title 49, Code of Federal Regulations, Part 21, and the Code of Iowa, Chapter 216. The Consultant will not discriminate on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in its employment practices, in the selection and retention of subconsultants, and in its procurement of materials and leases of equipment. 4.17.2 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligation under this contract and the regulations relative to nondiscrimination on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability. 4.17.3 In the event of the Consultant’s noncompliance with the nondiscrimination provisions of this Agreement, the Owner shall impose such contract sanctions as it, the Iowa DOT, or the FHWA (when applicable) may determine to be appropriate, including, but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies, or the Agreement is otherwise suspended or terminated. 4.17.4 The Consultant shall comply with the following provisions of Appendix A of the U.S. DOT Standard Assurances: During the performance of this contract, the Consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "Consultant") agrees as follows: 1. Compliance with Regulations: The Consultant shall comply with the Regulations relative to non- discrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discriminati on prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. Page 9 of 37 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner, the Iowa Department of Transportation or Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information the Consultant shall so certify to the Owner, the Iowa Department of Transportation or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it, the Iowa Department of Transportation or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Consultant under the contract until the Consultant complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Owner, the Iowa Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: provided, however, that, in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Owner or the Iowa Department of Transportation to enter into such litigation to protect the interests of the Owner or the Iowa Department of Transportation; and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 4.18 Compliance with Title 49, Code of Federal Regulations, Part 26 4.18.1 The Consultant agrees to ensure that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard the Consultant and all of its subconsultants shall take all necessary and reasonable steps in compliance with the Iowa DOT DBE Program to ensure disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. 4.18.2 The Consultant shall pay its subconsultants for satisfactory performance of their work no later than 30 days from receipt of each payment it receives from the Owner for such work. If the Owner holds retainage from the Consultant, the Consultant may also withhold retainage from its subconsultant(s). If retainage is withheld from a subconsultant, full payment of such retainage shall be made within 30 days after the subconsultant’s work is satisfactorily completed. 4.18.3 Upon notification to the Consultant of its failure to carry out the requirements of this Article, the Owner, the Iowa DOT, or the FHWA (when applicable) may impose sanctions which may include termination of the Agreement or other measures that may affect the ability of the Consultant to obtain future U.S. DOT financial assistance. The Consultant is hereby advised that failure to fully comply with the requirements of this Article shall constitute a breach of contract and may result in termination of this Agreement by the Owner or such remedy as the Owner, Iowa DOT or the FHWA (when applicable) deems appropriate, which may include , but is not limited to : 1. withholding monthly progress payments ; 2 . assessing sanctions ; 3 . liquidated damages. 4.19 Severability. If any section , provision or part of this Agreement shall be adjudged invalid dr unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section , provision , or part thereof not adjudged invalid or unconstitutional. 4 .20 Disputes. In the event that it shall become necessary for either party to institute legal proceedings against the other party for recovery of any amounts due and owing under this Agreement , it is expressly agreed that the prevailing party in any such action shall be entitled to recover from the non-prevailing party all costs related to such collection , including reasonable attorney fees . The provisions of this paragraph shall survive termination of this Agreement. IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by the i r proper officials thereunto duly authorized as of the dates below. HDR ENGINEERING, INC. Matthew B. Tandi Senior Vice president CITY OF DUBUQUE By ~ Brad M . Cavanagh Mayor ATTEST: By : ~ f/, g,_wf/& IOWA DEPARTMENT OF TRANSPORTATION By : _______________ _ Kent L. Ell is Local Systems Field Engineer Date: 01/13/2022 ---------- Date : __ 0_1 /_1_3/_2_0_22 ____ _ Date : ___ 1-_1_8_-2_0_2_2 __ _ Date: 1-18-2022 ---------- Date: ___ 1_-_1_9_-2_0_2_2 __ _ The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for authorization of Federal SWAP funds . Page 10 of 37 Page 11 of 37 ATTACHMENT A Scope of Services The scope of services is based on the following project limits and assumed construction program: I. INTRODUCTION The City of Dubuque, Iowa (City) has requested a scope of services that include preliminary engineering design and environmental studies for intersection capacity improvements along University Avenue from Loras Boulevard, to Pennsylvania Avenue. The goal of the project is to provide additional capacity along alternate east-west corridors to US 20. This project will build upon the work the City has already completed. A scoping call was held on November 11, 2021 to review the bullet scope in preparation of the full scope of services. At the scoping call it was determined to include the intersection of University and Delhi Street intersection into the project limits. The goals of this projects are as follows: Update the previous study with current traffic volumes Confirm preferred alternative through alternatives analysis process Environmental studies and documentation Field Surveys (Topo/Geotech) Preliminary design through 65% plans for the preferred alternative Right-of-Way Design Strategic Communications This proposal will include two Disadvantaged Business Enterprise (DBE) to support project scope and include the following: Tallgrass Archaeology, LLC - Phase I Intensive Cultural Resources Investigation Iowa-Counts – Traffic Counts II. DESCRIPTION OF WORK TASKS The details of the tasks are described as follows: 1. Project Management and Coordination 1.1. Project Management. This task includes activities to initiate and monitor project schedules, consultant correspondence, workload assignments and internal cost controls throughout the project. Includes effort to prepare and process invoices and prepare monthly progress reports over a 12-month schedule. Includes project setup and final project closeout. 1.2. Correspondence. Regular project correspondence with the City via phone, email and online meetings not included in Task 1.3 are included in this task. 1.3. Project Meetings. This task includes monthly progress meetings with the city. Assumes HDR and MSA to participate with 6 meetings in person and 6 meetings via online/virtual format. Kick-off Meeting, 30% and 65% review meetings will be included in the progress meeting and be in-person. In-person meetings will include up to two (2) HDR staff and up to two (2) MSA staff and up to two (2) additional HDR staff via virtual format. Page 12 of 37 1.4. Team Meetings. Bi-weekly team meetings with up to three (3) HDR staff and two (2) MSA staff to participate in online/virtual format. 1.5. Quality Control. Perform QA/QC checks prior to all official submittals. Prepare a quality management plan (including subs) describing the anticipated reviews, review schedule, and reviewers. Reviews include alternatives development, 30% preliminary plans, 65% preliminary plans and traffic reports. 2. Preliminary Field Work (Data Collection. 2.1. Topographic Survey. Contact One Call to coordinate field marking of public and private utilities in the project corridor. Set ground control points in the field. Perform aerial survey with drone mounted technology. Drone flight will produce an orthomosaic aerial photo, point cloud data and a digital elevation model. Limits of the topographic survey will be as follows: University Ave from the N. Grandview Ave intersection on the east to the Gillam St intersection on the west, Pennsylvania Ave from the University Ave intersection on the south to the Cherry St intersection on the north, Asbury Road from the University Ave intersection on the south to the Green St intersection on the north. One hundred foot (100’) down each connecting roadway and alley will be included in the topographic limits. Investigate utility structures to obtain field measured invert elevations, penetrating pipe information and assessment of condition. Utility structures will be dipped and supplemental field survey completed where necessary to develop detail CAD basemap. 2.2. Boundary Survey. Research recorded survey documentation for survey area defined in 2.1 and field locate lot pins to map Right-of-Way and parcel information. Deliverable: Electronic submittal of the topographic and boundary survey in AutoCAD Civil3D format. 3. Environmental Review. The environmental review process will be used to evaluate the three alternatives and document impacts for the preferred alternative to support the letting process. 3.1. Desktop Review. HDR will acquire the most recent environmental shapefiles for the project and update the preliminary geographic information system (GIS) dataset that was developed during the proposal phase of this project. The latest files will be acquired from the U.S. Fish and Wildlife Service (USFWS), U.S. Geological Survey, Federal Emergency Management Agency (FEMA), City of Dubuque, Iowa Department of Natural Resources (Iowa DNR), and other applicable sources. The dataset will include the most recent high-resolution aerial photography available. Environmental constraints, potentially including the following, will be identified and considered during concept refinement: Wetlands and other waters of the U.S. Floodplains Groundwater wells Parks, trails, and other recreational resources Properties listed or eligible for listing on the National Register of Historic Places (NRHP) Leaking underground storage tank sites and other contaminated sites An environmental constraints map will be developed to assist in the refinement of design concepts. Deliverable: Environmental Constraints Map Page 13 of 37 3.2. Threatened and Endangered Species. HDR will conduct a desktop threatened and endangered (T&E) species habitat survey within the project area. This would include running the USFWS Planning and Consultation (IPaC) tool to generate a Federal species list and potential habitat and pulling the state species list for Dubuque County from Iowa DNR Natural Areas Inventory database. Utilizing data generated, a technical memorandum and Iowa DOT Form 760005 (Determination of Effect for Threatened and Endangered Species) will be completed and provided to Iowa DOT for approval. A field review would be conducted for confirmation of the Determination of Effect in spring 2022 when a wetland determination (see Task 3.5) would be conducted. The memo and form would be updated if any unanticipated change in the conclusions were warranted. Deliverables: Iowa DOT Form 760005 and T&E technical memorandum 3.3. Cultural Resources. A Phase I Intensive Cultural Resources Investigation will be performed by a subconsultant (Tallgrass Archaeology, LLC), and include both archaeological and historic architectural survey and evaluation. See separate scope and assumptions from the cultural resources subconsultant. The investigation results will be documented in separate archaeological and historic architectural reports, and provided to Iowa DOT for their review and approval, and submittal to Iowa’s State Historic Preservation Office (SHPO). Properties identified for full acquisition will be evaluated for listing on or eligible for listing on the National Register of Historic Places (NRHP), noting potential impacts by the project. If impacts to historic properties can’t be avoided, per Iowa DOT guidance, the City, Consultants, and Iowa DOT would coordinate an agreement with SHPO to develop mitigations for the unavoidable impacts. Development of an agreement and implementation of the agreed upon mitigations would be outside the scope of this effort, but could be added as supplemental services. Deliverables: Archaeological report and historic architectural report 3.4. Regulated Materials. HDR will conduct a desktop regulated materials records search, expanding on a preliminary review conducted during the proposal phase of this project. An ASTM E1527-13 radius will be applied to the regulated material search and sites will be evaluated in accordance with Chapter 41 of the Office of Location and Environment (OLE) Manual (August 2009), using Iowa DOT’s most recent risk characterization guidelines. Desktop resources to be used for the evaluation include the Iowa Department of Natural Resources Contaminated Sites and Iowa Facility Explorer Websites. A reconnaissance field review from existing ROW is anticipated for regulated materials sites. No environmental sampling is proposed. Results of the desktop and field regulated materials analysis will be documented in a regulated materials technical memorandum and provided to Iowa DOT. If the desktop and field reviews result in a recommendation for further investigations, including ASTM documentation in support of property acquisitions, that effort could be addressed under supplemental services. The regulated materials review will identify the potential for hazardous materials associated with demolition of properties to be acquired, but the effort does not include specific determinations by property. No access to individual properties for survey or sampling for hazardous materials is assumed to occur. Deliverable: Regulated materials technical memorandum 3.5. Waters of the US. No Clean Water Act Section 404 permit is anticipated based on the urban environment and no waters of the US (WOUS) present in the area based on a preliminary Page 14 of 37 desktop reivew. A field review to confirm no wetlands or other WOUS would be conducted in conjunction with the T&E habitat review. The results would be documented in a memorandum and provided to Iowa DOT. If a Section 404 permit would be needed, it would be a Nationwide Permit and could be added to the contract as supplemental services. Deliverable: Wetlands and other waters of the US technical memorandum 3.6. FAA Notice. The Dubuque Regional Airport is approximately 6 miles south-southwest from the project area, and has a north-south trending primary runway. HDR will review the project for Federal Aviation Administration (FAA) notice of construction using the notice criteria tool, and document the results in a memorandum, identifying if notice for construction is required. If a notice is required, development of the notice could be performed as a supplemental service. Deliverable: FAA notice technical memorandum 3.7. Traffic Noise. A traffic noise review will be performed and consist of considerations of current and future speed limits, alignment, and proposed relocations. No noise monitoring or running of the FHWA Traffic Noise Model is anticipated. The review will be a qualitative, semi- quantitative analysis of the change in traffic noise, and documented by a brief memorandum. Results will be used to respond to traffic noise concerns that might be identified during public involvement efforts. Deliverable: Traffic noise technical memorandum 3.8. Low-income, Minority, and Vulnerable Populations. Perform an analysis of low-income, minority, and vulnerable populations in the project area using the most recently available Census information and compare the proportions of those populations to proportions at the City and County levels. The results will be documented in a memorandum, determining if a low- income, minority, and/or vulnerable population is prevalent in the project area. This will aid the City in determining if special assistance might be warranted for relocated property owners or tenants under the State of Iowa Code Chapters 6B and 316 with implementing rules in 761 Iowa Administrative Code, Chapter 111. Deliverable: Low-income, minority, and vulnerable population memorandum 3.9. Permit Review. Identify any required environmental permits and approvals and document the review in a memorandum. Effort to obtain permits (such as a NPDES Construction Stormwater Permit for grading an acre or more of ground) if required, will be completed in final design. Deliverable: Permit review memorandum 4. Geotechnical Investigation 4.1. Review of Existing Geotechnical Data. Consultant will review available existing geotechnical information including previous boring logs and laboratory test results. 4.2. Site visit. Consultant will visit the site to observe site conditions and boring locations regarding site access prior to drilling. Assumes one (1) HDR person attending. 4.3. Coordination of sub-consultant for drilling. Consultant will provide the drilling sub-consultant (Terracon Consultants, Inc.) with coordinates for the locations of the borings before the drilling work. The sub-consultant will Page 15 of 37 provide full time supervision and field observation during drilling and sampling to gather data for geotechnical analysis and design. Drilling sub-consultant shall be responsible for drilling and logging soil borings, sampling, in-situ testing and laboratory testing under the direction of the Consultant. The drilling sub- consultant shall also be responsible for recording the water level readings during and after drilling, including delayed water levels in borings where groundwater is encountered. No groundwater monitoring wells are proposed for this work. The sub-consultant will prepare the final boring logs. The sub-consultant services will also include obtaining necessary authorization and permits to execute the drilling program, contacting Iowa One Call for utility locate services, obtaining verbal permission for access from landowners and businesses, providing traffic control during drilling operations if needed, and backfilling borings in accordance with state and local requirements. 4.4. Review of field boring logs and assignment of laboratory testing. Consultant will review the preliminary results of the drilling and sampling program as it proceeds and will modify the program to gather additional data, as necessary. Consultant will assign and coordinate laboratory testing program. 4.5. Review of final boring logs and laboratory test data. Consultant will review the final versions of the geotechnical data from the sub-consultant. 4.6. Development of soil profiles and soil design parameters for analyses. Consultant will prepare soil profiles and soil design parameters for use in the evaluation of subsurface conditions and in the design of the proposed roadway. 4.7. Preparation of Preliminary Geotechnical Report for 65% Design. Consultant will prepare a Geotechnical Report summarizing results of the field exploration and laboratory testing programs, roadway subgrade and pavement section determinations, analyses and recommendations for the construction of roadways and retaining walls. Consultant will provide a quality review check of document. Deliverable: Geotechnical Report (Draft for City of Dubuque review and Final) 5. Traffic Analysis 5.1. Data Collection. Gather historical traffic counts at study intersections from Iowa DOT online portal. Collect new 12-hour traffic counts at up to twelve (12) intersections within the study area. Counts will include counts for trucks, pedestrians and bicycles. Trafffic counts will be collected by vendor Iowa-Counts. Collect crash data from Iowa Crash Analysis Tool (ICAT) for 2015-2020 (crash data for 2015-2019 will be primary data used for crash analysis; data from 2020, likely impacted by COVID, will be reviewed for additional safety concerns). Gather StreetLight origin-destination data using Iowa DOT’s subscription. Collect existing signal timings from the City. 5.2. Traffic Volume Development. Develop existing AM and PM turning movement volumes. Coordinate with Dubuque Metropolitan Area Transportation Study (DMATS) for latest travel demand model runs. Develop year 2045 AM and PM peak hour turning movement volumes using existing counts and DMATS travel demand model output. Develop opening year AM and PM peak hour turning movement volumes. 5.3. Safety Evaluation. Perform evaluation of 2015-2019 crashes to identify locations with high crash severity and crash patterns. Review crashes from 2020 to identify additional safety concerns. Use the Highway Safety Manual and Crash Modification Factor Clearinghouse to predict crash reduction with initial alternatives treatments. Perform predictive crash modeling with Interactive Highway Safety Design Model (IHSDM) for up to two (2) refined alternatives. Page 16 of 37 5.4. Alternatives Analysis. Complete Synchro, SIDRA, or ARCADY year 2045 AM and PM peak hour analysis of initial intersection geometry and traffic control improvement strategies to screen solutions and refine alternatives. Evaluate up to two (2) alternatives with Synchro, SIDRA or ARCADY for year 2045 AM and PM peak hours. Complete proof-of-concept (uncalibrated) Vissim microsimulation for year 2045 AM and PM peak hours of up to two (2) refined alternatives to evaluate multimodal interaction and identify a preferred alternative. Evaluate a single preferred alternative with Synchro, SIDRA or ARCADY for opening year AM and PM peak hours. Complete proof-of-concept (uncalibrated) Vissim microsimulation for opening year AM and PM peak hours of a single preferred alternative. 5.5. Traffic Documentation. Document traffic analysis methods, results and recommendations in a report. A draft of the report will be submitted for review and comment. A final version of the report will be submitted after addressing one (1) round of comments. Deliverables: Draft and final traffic report 6. Conceptual Roadway Design 10% Project limits for design will include University Avenue from Loras Boulevard, Asbury Road, Pennsylvania Avenue and Delhi Street. 6.1. Design Criteria. Establish project design criteria for the proposed improvements. Criteria will establish design speeds and controlling features such as: horizontal and vertical alignments; design vehicle; lane widths; sidewalk widths; bike lane widths; and sidewalk dimensions. The design criteria will also document geometric criteria used to develop the roundabout layout. SUDAS design manual will be utilized. 6.2. Confirm Typical Section. With the design criteria prepare graphical representation of the design criteria for the typical section to show, lane widths, sidewalk widths, median widths, bike lane widths and sidewalk dimensions. Develop up to three (3) typical section alternatives which meet project goals. Evaluate and compare right-of-way impacts, environmental impacts, retaining wall requirements, utility relocation requirements and constructability of each alternative. The graphical representation of the preferred typical section will be developed to support public engagement. 6.3. Complete Streets Review. Identify multi-modal accommodations to be present within the project area. Task includes reviewing and documenting existing use of the corridor. Multi- modal accommodations will be included in the typical section development and used to discuss with the City. 6.4. Initial Alternatives. This task includes developing a range of alternatives for corridor evaluation. Up to three (3) alternatives will be developed. The roundabout and signalized intersections alternatives from the original study will be updated to meet current design criteria and traffic analysis. One additional alternative is anticipated to be included. Task includes conceptual level horizontal, vertical alignments and templating/model developed for feasibility and comparison between alternatives. Includes development of 11x17 aerial based exhibits of each alternative. 6.5. Alternatives Evaluation. Develop evaluation matrix for comparison of each alternative. 6.6. Documentation. Prepare and document the initial alternatives development as an addendum to the original East/West Connectivity Study. Deliverable: Design Criteria, typical section figures, updated location study document. 7. Preliminary Roadway Design 30% Prepare 30% Submittal for the study area and preferred alternative identified in Task 6. For purposes of scope and fee development, the roundabout alternative was assumed. Page 17 of 37 7.1. Title Sheet, Typical Sections. Development of the following sheets: Title – shall include project number, PIN, map showing project location, and design data. Typical Sections – shall include typical sections for University Avenue, adjacent sideroads and other miscellaneous sections/details. 7.2. Horizontal and Vertical Geometrics. Update horizontal and vertical alignments developed during conceptual roadway design for the preferred alignment. This task includes effort to develop horizontal alignment sheets. 7.3. Roundabout Geometrics. Update roundabout geometrics developed during conceptual roadway design. The design will be developed to the extent necessary to identify major impacts, e.g. property and access. Further optimization of the roundabout geometrics will occur for the 65% design after review and comment. This task includes effort to develop plan view geometric sheets and roundabout performance check package for IowaDOT review. 7.4. Mainline, Sideroad Plan and Profile Sheets. Develop plan and profile sheets for University Avenue and adjacent sideroads. 7.5. Modeling/Cross Sections. Develop preliminary Corridor Model with cross sections developed at 25 ft. intervals. Additional intervals as necessary to accurately depict the lay of the land, to analyze utility impacts/drainage requirements and to compute earthwork quantities 7.6. Constructability Review. This task includes developing construction phasing criteria, and use of this criteria to develop a high level constructability review to identify locations of closures, temporary paving and detours. Task includes scroll plot review to show a feasible construction phasing approach. 7.7. Assemble and Plotting of 30% Submittal. Assemble and plot the 30% Plan Submittal as described in the following table. Scale notes full size sheets, plan deliverables will be plotted at half size (11” X 17”) and staging concepts will be plotted on 36”x96” scrolls. Task assumes documenting the 30% comments on a marked up plan set with comments in green pen. All plan set deliverables will consist of PDF files submitted to the City. Table 7.7: Estimated Plan Sheets Sheet Series Sheet Scale Total Sheets A Title, Location Map - 2 B Typical Sections - 6 D Legend for D&E Sheets * - 1 D Mainline Plan and Profile * 1”=20’ 10 E Sideroad Plan & Profile * 1”=20’ 10 G Survey Control Sheets - 3 G Alignment Geometry - 2 J Staging Typical Sections * - 2 Cross Sections W Mainline Cross Sections 1”=10’ 30 X Sideroad Cross Sections 1”=10’ 10 Total Plans 36 Total Cross Sections 40 Total Sheets 76 * Denotes Color Plan Sheet Deliverables: 30% plan set in PDF format. 8. Preliminary Roadway Design 65% Page 18 of 37 Prepare 65% Right-of-Way Plans Submittal. For purposes of scoping the roundabout alternative was assumed for scope and fee development. 8.1. Title Sheet, Typical Sections. Update title sheet and typical sections for 65% design plans. Incorporate comments from 30%. Add typical sections required for construction staging activities. 8.2. Horizontal and Vertical Geometrics. Make revisions per 30% comments. Update for 65% design submittal to incorporate additional design detail per drainage and construction staging input. Task includes confirming driveway profiles and incorporating details into the plans. 8.3. Roundabout Geometrics. Make revisions and optimize the roundabout horizontal geometrics based on 30% comments. Update geometric sheets and roundabout performance check package as necessary. 8.4. Mainline, Sideroad Plan and Profile Sheets. Make revisions per 30% comments. Update for 65% design submittal to incorporate additional design detail and limits of construction. 8.5. Geometric Sheets. Develop construction geometric and staking sheets. 8.6. Modeling/Cross Sections. Make revisions per 30% comments. Update model to add additional deign detail to confirm limits of construction. Task include updating cross section sheets and earthwork quantities. 8.7. Erosion Control. This task includes effort to design and draft erosion control measures for the project. Develop erosion control plans to identify areas that impact right-of-way. Task includes development of the draft SWPPP. 8.8. Sidewalk details/ADA Ramp Sheets. Develop sidewalk details and ADA Ramp sheets. Task includes layout plan and tabulations sheets. 8.9. Signing Sheets. Prepare preliminary signing sheets for the corridor. This is necessary as it is anticipated that overhead signs will be necessary for the multilane roundabouts. Overhead structures may have utility and right-of-way impacts. Tabulation sheets will be completed in final design and not included in this submittal. 8.10. Wall Sheets. Develop retaining wall plan and profile sheets. 8.11. Removals. Develop removal sheets with notes and tabs detailing removal items. 8.12. Constructability Review. Make revisions per 30% comments. Task includes updating temporary traffic control and staging scrolls including staging notes. Task includes developing off-site detour plan sheets. 8.13. Right-of-Way Plan Submittal. Assemble and plot the 65% Plan Submittal as described in the following table. Scale notes full size sheets, plan deliverables will be plotted at half size (11” X 17”). Task assumes documenting the 65% comments on a marked up plan set with comments in green pen. All plan set deliverables will consist of PDF files submitted to the City. Table 8.12: Estimated Plan Sheets Sheet Series Sheet Scale Total Sheets A Title, Location Map - 2 B Typical Sections - 6 D Legend for D&E Sheets * - 1 D Mainline Plan and Profile * 1”=20’ 10 E Sideroad Plan & Profile * 1”=20’ 10 G Survey Control Sheets - 3 G Alignment Geometry - 2 Page 19 of 37 H ROW Sheets 1”=20’ 10 J Staging Typical Sections * - 2 J Staging Temporary Traffic Control and Staging 1”=40’ 18 L Geometrics 1”=20’ 10 M Storm Sewer 1’=20’ 10 M Sanitary Sewer 1’=20’ 10 M Water 1’=20’ 10 N Signing Sheets 1’=20’ 10 R Erosion Control 1’=20’ 10 P Lighting 1”=20’ 10 S Sidewalk Details/ADA Ramp Sheets 1’=10’ 10 U Removals 1’=20’ 10 U Retaining Wall / Detail Sheets 1’=20’ 2 U Communications (Public) 1”=20’ 10 Cross Sections W Mainline Cross Sections 1”=10’ 30 X Sideroad Cross Sections 1”=10’ 10 Total Plans 166 Total Cross Sections 40 Total Sheets 206 * Denotes Color Plan Sheet 8.14. Revisions to 65% plans. Revise plans per comments from 65% review. Assemble and plot updated 65% plans and submit to the City. 8.15. Draft Submittal to Iowa DOT LPA. Task includes submitting and coordinating with Iowa DOT a check set for review prior to final plan submittal. Any comments will be addressed during final design. Deliverables: Draft and final 65% plan set in PDF format. Preliminary design CAD filles to be provided in AutoCAD Civile3D format. 9. Drainage Design 9.1. Existing Conditions and Preliminary Alternatives Analysis. Evaluate existing drainage conditions within the project limits. For preliminary assessment purposes it is assumed that there will be approximately six (6) subwatersheds evaluated, only one of which is currently believed to be served by storm sewer (the system discharging towards Avoca Street. Discuss with City staff desirable approaches to stormwater modeling (i.e., following SUDAS or other protocols) and determine peak outflows under design event conditions (up to five (5) single- event scenarios) at each subwatershed outlet. It is assumed that the entire project corridor will drain via curb-and-gutter with storm inlets placed in logical positions at/near intersections and as may be necessary to prevent excess flooding of driving lanes during peak design storm conditions. As a result, it is also anticipated that new storm sewer systems will need to be installed to serve the project corridor that will need to be extended downstream to connect to existing systems outside the corridor. Assess the capacity of existing storm sewer systems and provide an assessment of options for connections to these new systems. Anticipating that existing systems will be insufficient to accept additional flow and/or unable to accommodate desired drainage service levels, evaluate the volume of stormwater detention required to limit peak flows from design event conditions to existing system capacity. Note that because the project corridor is located essentially at the top of the watershed and assessment of downstream systems could potentially greatly expand the study area, the Page 20 of 37 assessment of existing system capacity will be limited to a local watershed assessment and a determination of the upstream-most existing pipe segment capacity assuming full-flow capacity with no surcharging and no backwater conditions. Present the findings of the preliminary alternatives analysis in a short technical memo anticipated to be no more than three (3) pages long, not including maps or calculations. 9.2. 65% Design Proposed Conditions. Upon receiving direction from the City regarding the preferred drainage design alternative, complete drainage design calculations for the location and number of storm sewer inlets and the alignment and sizing of storm sewer pipes. System capacity will be as directed by the City in consideration for desired design standards and potential limitations to downstream system capacity. If construction of stormwater detention, either as a surface pond, or as underground storage via oversized pipes, the sizing of such structures will be included in the proposed conditions design. 10. Private Utility Coordination. 10.1. Coordination. Inform Utility companies (gas, electric and communications) of the project scope and timeline. Attend six (6) monthly City of Dubuque Utility Coordination meetings to communicate with Utility companies. Note utility locations as provided by Utility companies and/or locates on the project plans. Provide 30% and 65% plans to Utility companies for review. 10.2. Design. Obtain preferred relocation information from the Utility companies, after 30% review based on project impacts to the existing utilities and incorporate the provided plan locations, elevations and easement widths into the 65% project plans . 11. Public Utility Preliminary Design. 11.1. Sanitary Sewer. Obtain available televising data or other condition data from City of Dubuque Engineering Department. Coordinate with Engineering Department to determine need for replacement or rehabilitation of sanitary sewer structures, main or laterals. Develop plan sheets detailing sanitary sewer related work in the project area. 11.2. Water Main. Coordinate with City of Dubuque Water Department to determine preferred location for relocated water main, hydrants and water services. Water Department to provide main sizing criteria based on previously completed water system modeling. Incorporate construction and material considerations as required to mitigate impact of known soil contamination in the project area on the water main and appurtenances.Develop plan sheets detailing water related work in the project area. 11.3. Communications. Coordinate with City of Dubuque Traffic Department to determine preferred location relocated communication duct(s), fiber connections and camera locations. Traffic Department to provide material, sizing and installation criteria based on previous experiences throughout the City. Develop plan sheets detailing communications related work in the project area. 11.4. Lighting. Pole locations and conduit will be provided throughout the corridor and reviewed with City staff. Pole locations will be based on design teams experience with intersection lighting and spacing based on City experience. No photometric analysis is included. Further details beyond pole locations and conduit location is not included and will be completed during final design. 12. Quantities and Cost Estimates 12.1. Prepare opinion of probable cost for 10%. Develop “order of magnitude” quantity estimates for each initial alternative, up to three (3). Due to the conceptual nature of the alternatives quantities for pavement and earthwork will be estimated. Other items will be estimated by factors based on historical information. Cost estimates will be prepared using historical bid tab information for unit prices. Page 21 of 37 12.2. Prepare opinion of probable costs 30%. Opinion of probable cost will be developed from quantity estimates, costs will be prepared using historical bid tab information. 12.3. Prepare opinion of probable costs 65%. Opinion of probable cost will be developed from quantity estimates, costs will be prepared using historical bid tab information. Deliverables: Opinion of probable cost spreadsheet at 10%, 30%, and 65% 13. Right-of-Way Design 13.1. Right-of-Way Design. Task includes developing the easements (temporary and permanent) and fee title acquisitions required to construct the project. It is estimated up to 50 plats associated with this project. 13.2. Right-of-Way Plans. Develop the right-of-way plans sheets to be included in the plan set. The sheets will include existing property lines and all proposed right-of-way ownerships, easements and acquisitions will be tabulated and shown on the sheets. 13.3. Tract Maps and Legal Descriptions: Prepare tract maps and legal descriptions. Separate exhibits will be prepared for the Fee Title Acquisitions, Permanent Easement Acquisitions and Temporary Construction Easements as needed for each tract. Up to 50 plat maps and 50 legal descriptions shall be prepared and submitted to the City. Deliverables: Right-of-Way Plans, Tract Maps and Legal Descriptions 14. Strategic Communications 14.1. Field Work Notifications. Field work notifications will be provided in advance of activities occurring within private right-of-way, including survey, environmental studies, geotechnical investigations or other services. Notifications will provide an overview of work to be done, timing, what can be expected and contact information. Task includes drafting and mailing the field work notifications. It is assumed that 300 property owners from the project area property owner GIS database will receive a field work notification in the form of a one-page letter. 14.2. Communications Plan. The communications plan will guide all public and stakeholder outreach and information. Develop a draft plan to the City for concurrence. The draft plan will include the following elements: Defined roles and responsibilities Stakeholder database Project area property owner GIS database Media plan Social media plan Key talking points Defined communications tools and tactics for stakeholder and public meetings, as defined in the sections below. Comment and contact response protocol Communications schedule 14.3. Project Identity & Website 14.3.1. Project Identity. Develop up to three options for a project visual identify. Options will be provided electronically to the City for review and concurrence. The final project identity will include a two-page brand guide to be used for all public-facing materials, including project name, color palette, font specification and Word and PowerPoint template documents. 14.3.2. Website. Develop a project website content and supporting graphics. Content will include a project overview and background section, map, schedule, upcoming public meetings and associated materials, frequently asked questions, an online comment form, Page 22 of 37 and an interactive mapping tool. The City will host the website on their existing website. HDR will provide content in a Word document and supporting graphics will be provided in a .png format. It is anticipated that there will one initial content document and six additional content updates throughout the life of the project. 14.4. Stakeholder Meetings 14.4.1.Stakeholder Workshop. Task includes coordination with the City to host one stakeholder workshop of up to 1.5 hours to kick-off the project with key stakeholders and present preliminary alternatives. It is anticipated that the stakeholder workshop will be hosted in-person, prior to the first public meeting on the same day. Invitees will be composed of the stakeholder database and key property/business owners. Draft and send an invitation via email and letter to all stakeholders. Meeting materials will include a PowerPoint presentation, handout (same as public meeting handout), and scroll map. Collateral materials will include nametags, sign-in sheets, and up to 50 comment forms. Three (3) HDR staff and two (2) MSA staff will staff the stakeholder meeting. 14.4.2.One-on-One Meetings. MSA will coordinate up to 15 one-on-one meetings with interested stakeholders or property owners, as needed or requested. Follow up phone calls or email with the interested stakeholders or property owners will be coordinated by MSA as needed. It is assumed that a representative from the City and one MSA representative will be in attendance at each one-on-one meeting. The MSA representative will provide meeting minutes to be recorded in the comment and contact database. 14.5. Public Meetings 14.5.1. The HDR and MSA team will plan for, develop materials for, and staff three in-person and online public meetings: Meeting #1: Project Kick-Off / Preliminary Alternatives Meeting #2: Preferred Alternative Meeting #3: Right-of-Way Design 14.5.2. Draft and design outreach for public meetings, each including a legal notice, press release, up to 400 postcards, social media posts, and email notification. We will be responsible for launching the legal notice, postcards and email notification. The City will be responsible for launching the press release and social media posts. 14.5.3. Draft, design and print meeting materials for the in-person public meetings, each including up to 200 handouts, 10 display boards, and three scroll maps. Collateral materials will include nametags, sign-in sheets and up to 200 comment forms. Up to three (3) HDR representatives and two (2) MSA representatives will staff the public meetings. 14.5.4. Draft and launch a self-guided online meeting that is similar in content as each in-person public meeting. Develop a custom website that will display meeting information and gather meaningful input from the public virtually. The website will be developed with HTML, CSS, and JavaScript, and will not be developed as a content management system (CMS). HDR assumes the online meeting domain will be purchased by HDR. And will use Hover to register any domains associated with this contract unless otherwise directed by the City. The City agrees to Hover's terms of service. If the client requests to own the domain, the client will point the A Record of domain or subdomain at HDR's server. HDR assumes the online meeting will be hosted on HDR's VPS through Veerotech. Hosted web files and databases will be subject to Veerotech's Terms of Service. If the client requests to host the meeting files within their server environment, HDR will submit the web files as a zipped folder. Any future website changes after the transfer will either need to be made by the client, or HDR will need to change and re-send individuals files for upload. If the client requests to host the online meeting and there is a database created as part of the Page 23 of 37 online meeting requirements, the client will verify before development that the database technology can be implemented within their server environment. If a custom online meeting design is used to create the online meeting, the design mockup will act as a blueprint and modifications to layout or functionality after mockup approval may result in a scope amendment. Assume creating new GIS data is not included in this scope unless included explicitly in the scope. HDR cannot guarantee 100% uptime of any third party services used, such as external email services, Google services, Esri services, or external content that is framed into the site. HDR's website will support IE9+, Chrome, and Safari. 14.6. City Council Work Session Updates. One (1) HDR and one (1) MSA representative will attend up to two (2) in-person City Council Work Sessions to provide key updates for the project. Task includes developing a PowerPoint presentation for each work session. Assumes work session will be tied to an existing progress meeting. 14.7. Visualization 14.7.1. Isometric views of up to 3 alternatives at 10% Concept design. Includes fly through video of the alternatives and more detailed isometric “still” pictures of the intersections. Traffic is not included in these visualizations. 14.7.2. 30% Design update on Preferred 14.7.3. 65% Design update on Preferred 14.8. Educational Events. HDR will support up to two educational events to educate the community about multilane roundabouts. It is anticipated that one event will be hosted at a school/University and one event will be hosted through an existing community event. Task includes preparing materials for the events, including a fact sheet, up to two boards, and an educational activity. Up to two MSA representatives and the City will staff the events. 14.9. Comment and Contact Database. HDR will use Zoho as a database to track comments, responses, outreach and events throughout the life of the project. HDR and MSA will assist in drafting responses to comments and questions, the City will be responsible for sending responses. All data stored in Zoho is subject to Zoho's terms and conditions. VI.PROPOSED SCHEDULE Notice to Proceed Jan 3, 2022 Kick Off Meeting (Dubuque) Jan 19, 2022 Communications Plan Jan 31, 2022 Survey Mar 15, 2022 Traffic Study/Environmental Studies Mar 29, 2022 Public Meeting #1 April 7, 2020 Alternatives Development & Evaluation May 5, 2022 Alternatives Screening/Study Documentation May 31, 2022 Public Meeting #2 June 16, 2022 Draft 30% Design Plans Submittal/Meeting Aug 24, 2022 Draft 65% Design Plan Submittal/Meeting Dec 7, 2022 City Comments on 65% Plans Dec 21, 2022 Finalize 65% Plans Jan 13, 2023 Draft ROW Tracts/Legals Mar 1, 2023 Page 24 of 37 ATTACHMENT B Specifications This project will be completed in accordance with the design procedures of the Iowa DOT, SUDAS, utility, and OWNER’S current design standards as they relate to the proposed improvements on this project Page 25 of 37 ATTACHMENT C (referenced from 3.1) Cost Plus Fixed Fee 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensation of all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees in the amount of the Consultant's actual cost plus applicable fixed fee amount. The Consultant’s actual costs shall include payments to any subconsultants. The estimated actual costs and fixed fee are shown below and are itemized in Attachment C-1. Subconsultant costs are not available for use by the prime Consultant or other subconsultants. A contingency amount has been established for NEPA services only to provide for actual costs that exceed those estimated. Estimated Actual Costs (Prime only) $ 541,307 Fixed Fee (Prime only) $ 61,393 Contingency (Prime only) $ None Total Prime Consultant Costs $ 602,700 MSA $ 393,536 Terracon $ 24,600 Tallgrass $ 19,783 Total Subconsultant Costs $ 437,919 Maximum Amount Payable $ 1,040,618 The nature of engineering services is such that actual costs are not completely determinate. Therefore, the Consultant shall establish a procedure for comparing the actual costs incurred during the performance of the work to the estimated actual costs listed above. The procedure will itemize prime consultant and subconsultant costs in association with each scoped task. The purpose is to monitor these two elements and thus provide for early identification of any potential for the actual costs exceeding the estimated actual costs. The procedure shall be used in a way that will allow enough lead time to execute the paragraphs below without interrupting the work schedule. Therefore once the accrued labor costs for a scoped task reach 85% of the estimated value for the prime or subconsultant, then the Consultant shall notify the Owner in writing. It is possible that the Consultant's costs for the scoped tasks may need to exceed those shown in Attachment C1. The Consultant’s and subconsultants’ costs for scoped tasks shall not be exceeded without prior written authorization from the Contract Administrator and concurrence from the Iowa DOT. Costs for scoped tasks that exceed estimated costs, if approved by the Contract Administrator, may be compensated via Supplemental Agreement, Work Order, Amendment, or Contingency as detailed in the paragraphs below. If the Consultant exceeds the estimated costs for scoped tasks for any reason (other than that covered in Section 3.1.1.2) before the Contract Administrator is notified in writing, the Owner will have the right, at its discretion, to deny compensation for that amount. The fixed fee amount will not be changed unless there is a substantial reduction or increase in scope, character, or complexity of the services covered by this Agreement or the time schedule is changed by the Owner. The adjustment to fixed fee will consider both cumulative and aggregate changes in scope, character, or complexity of the services. Any change in the fixed fee amount will be made by a Supplemental Agreement, Work Order, or Amendment. If a contingency amount has been established and at any time during the work the Consultant determines that its actual costs will exceed the estimated actual costs, thus necessitating the use of a contingency amount, it will promptly so notify the Contract Administrator in writing and describe what costs are causing the overrun and the reason. The Consultant shall not exceed the estimated actual costs without the prior written approval of the Contract Administrator and concurrence of the Iowa DOT. The Owner or Iowa DOT may audit the Consultant's cost records prior to authorizing the use of a contingency amount. The maximum amount payable will not be changed except for a change in the scope. Changes due to an overhead adjustment are identified in Section 3.1.1.2. If at any time it is determined that a maximum amount payable will be or has been exceeded, the Consultant shall immediately so notify the Contract Page 26 of 37 Administrator in writing. The maximum amount payable shall be changed by a Supplemental Agreement, Work Order, or Amendment or this Agreement will be terminated as identified in Article 4.12.3. The Owner may audit the Consultant's cost records prior to making a decision whether or not to increase the maximum amount payable. 3.1.1.2 Reimbursable Costs. Reimbursable costs are the actual costs incurred by the Consultant which are attributable to the specific work covered by this Agreement and allowable under the provisions of the Code of Federal Regulations (CFR), Title 48, Federal Acquisition Regulations Systems, Subchapter E., Part 30 (when applicable), and Part 31, Section 31.105 and Subpart 31.2. In addition to Title 48 requirements, for meals to be eligible for reimbursement, an overnight stay will be required. The Title 48 requirements include the following: 1. Salaries of the employees for time directly chargeable to work covered by the Agreement, and salaries of principals for time they are productively engaged in work necessary to fulfill the terms of the Agreement. 2. Direct non-salary costs incurred in fulfilling the terms of this Agreement. The Consultant will be required to submit a detailed listing of direct non-salary costs incurred and certify that such costs are not included in overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges and materials and supplies. 3.The indirect costs (salary related expenses and general overhead costs) to the extent that they are properly allowable to the work covered by this Agreement. The Consultant has submitted to the Owner the following indirect costs as percentages of direct salary costs to be used provisionally for progress payments for work accomplished during the Consultant's current fiscal year: Combined overhead costs are 200.2% of direct salary costs. The overhead rates will be adjusted based on the information provided by Iowa DOT through a preaudit conducted by Iowa DOT for final design contract. Use of updated overhead percentage rates shall be requested by the Consultant after the close of each fiscal year and the updated overhead rate shall be used to update previous year invoices and subsequent years as a provisional rate for invoicing in order to more accurately reflect the cost of work during the previous and subsequent years. Any actual fiscal year or fiscal year's audited or unaudited indirect costs rates known by the Consultant shall be used in computing the final invoice statement. All unverified overhead rates shall have a schedule of computation supporting the proposed rate attached to the final bill. Prior to final payment for work completed under this Agreement all indirect cost rates shall be audited and adjusted to actual rates through the most recently completed fiscal year during which the work was actually accomplished. In the event that the work is completed in the current fiscal year, audited indirect cost rates for the most recently completed fiscal year may be applied also to work accomplished in the current fiscal year. If these new rates cause the actual costs to be exceeded, the contingency amount will be used. 3.1.1.3 Premium Overtime Pay. Premium overtime pay (pay over normal hourly pay) will not be allowed without written authorization from the Contract Administrator. If allowed, premium overtime pay shall not exceed 2 percent of the total direct salary cost without written authorization from the Contract Administrator. 3.1.1.4 Payments. Monthly payments shall be made based on the work completed and substantiated by monthly progress reports. The report shall indicate the direct and indirect costs associated with the work completed during the month. The Contract Administrator will check such progress reports and payment will be made for the direct non-salary costs and salary and indirect costs during said month, plus a portion of the fixed fee. Fixed fee will be calculated and progressively invoiced based on actual costs incurred for the current billing cycle. Each invoice shall be accompanied with a monthly progress report which details the tasks invoiced, estimated tasks to be billed on the next invoice, and any other contract tracking information. Invoices shall clearly identify the beginning and ending dates of the prime's and subconsultant's billing cycles. All direct and indirect costs incurred during the billing cycle shall be invoiced. Costs incurred from Page 27 of 37 prior billing cycles and previously not billed, will not be allowed for reimbursement unless approved by the Contract Administrator. Upon delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and amounts earned. Payment of 100% of the total cost claimed, inclusive of retainage, if applicable, will be made upon receipt and review of such claim. Final audit will determine correctness of all invoiced costs and final payment will be based upon this audit. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 28 of 37 ATTACHMENT C-1 Cost Analysis Worksheet Contract ______________, Federal-aid Non-participating Project Number: STBG-SWAP-2100(698)—SG-31 I. Direct Labor Cost (Prime Only) Category Rate/Hour Hours Amount Project Manager $78.43 426 $33,411.18 Controller $50.79 24 $1,218.96 Sr. Engineer/Sr. Env Scientist $79.34 135 $10,710.90 Engineer III/Env Scientist III $67.26 333 $22,397.58 Engineer II/Env Scientist II $59.97 396 $23,748.12 Engineer I/Env Scientist I $48.23 534 $25,754.82 Designer/Strat Communications $37.52 2442 $91,623.84 Payroll total $____208,865.40 II. Combined Overhead (COH) (Prime Only) IIA. Indirect Cost Factor: (147.06% X I) $307,157.46 IIB. FCCM Factor: (.2536% X I) $529.68 Combined Overhead and FCCM Total $____307,687.14_____ III. Direct Project Expenses (Prime Only) QUANT UNIT UNIT COST TOTAL COST General Photocopies 200 Sheets $0.12 $24.00 B&W Plots 11x17 750 Sheets $0.12 $90.00 Color 11x17 750 Sheets $0.28 $210.00 Handouts 800 Sheets $1.80 $1,440.00 Display boards 30x40 30 Boards $85.00 $2,550.00 Scroll Plots 36x120 9 Scroll Plots $60.00 $540.00 Postcards 1200 Postcards $1.80 $2,160.00 Postage 1500 Postage $0.58 $870.00 Legal Notices 3 Notices $500.00 $1,500.00 Online meeting domain/hosting 2 Domain/Hosting $100.00 $200.00 Zoho 2 Database Years $960.00 $1,920.00 Education Booth 1 Booth $500.00 $500.00 Rental Car/Fuel 20 Days $100.00 $2,000.00 Meals 22 Each $25.00 $550.00 Hotel Stay 22 Overnights $100.00 $2,200.00 Vendor Iowa Counts 1 Lump Sum $8,000.00 $8,000.00 Total Direct Project Expenses $___24,754_______ IV. Estimated Actual Costs (EAC) (Prime Only) (I + II + III) $__541,306.54 Page 29 of 37 (Rounded) V. Fixed Fee (Prime Only) (12.0% X (I + IIA)) $_61,393________ (Rounded) VI. Contingency (Prime Only)0% X (I + II + III) $____0__________ (Rounded) VII. Subconsultant Expenses MSA $393,536 Terracon $24,600 Tallgrass $19,783 Total Subcontractor Costs $__437,919 ___ (Rounded) VIII. Cost Plus Fixed Fee Agreement Total (IV + V + VI + VII) $___1,040,618__ (Maximum Amount Payable) (Rounded) Page 30 of 37 ATTACHMENT D CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies avail able to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5.The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transa ction," "participant," "person" "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the definitions and coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this cove red transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions . 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9.Nothing contained in the foregoing shall be construed to require establishment of a system of record s in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Page 31 of 37 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State Antitrust statutes or commission of embezzlem ent, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b ) of this certification; and (d) Have not within a three-year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. State of Nebraska Douglas County I, Matthew B. Tondl, Senior Vice President of the HDR Engineering, Inc. Company, being duly sworn (or under penalty of perjury under the laws of the United States and the State of Iowa) do hereby certify that the above Statements are true and correct. (Signature) Subscribed and sworn to this day of , . (month) (year) Page 32 of 37 ATTACHMENT E CERTIFICATION OF CONSULTANT I hereby certify that I, Matthew B. Tondl, am the Senior Vice President and duly authorized representative of the firm of HDR Engineering, Inc., whose address is 1917 S 67th Street, Omaha, NE 68106, and that neither the above firm nor I has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant) to solicit or secure this contract, (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal-aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. Signature Date Page 33 of 37 ATTACHMENT F CERTIFICATION OF OWNER I hereby certify that I, Ron D. Buol, am the Mayor and the duly authorized representative of the Owner, and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Page 34 of 37 ATTACHMENT G Page 1 Consultant Name Consultant Address Consultant Address Cost Plus Fixed Fee Progressive Invoice Date Invoice No. Owner Project No. Invoice Period Covered County Consultant Job No. Owner Project Description Owner Contract No. Contract Estimate Cumulative To Date Current Period Labor Dollars Overhead Overhead Adjustments Direct Expenses Mileage Per Diem CADD Estimated Actual Costs [Prime Only] (See Note 1) Subconsultants (including authorized contingency) Name Name Name Estimated Actual Costs [Total Subconsultant Costs] Total Estimated Actual Costs [Prime + Total Subconsultant Costs] Fixed Fee (See Note 2) Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours Note 1: Do not include Subconsultant Expenses. Include Direct Labor, Overhead, and Direct Expenses for Prime Consultant only. Note 2: Fixed fee shall be proportionate to the amount of actual costs invoiced compared to the actual costs estimated. Page 35 of 37 ATTACHMENT G Page 2 Consultant Name Consultant Address Consultant Address Cost Plus Fixed Fee Final Invoice Date Invoice No. Owner Project No. Invoice Period Covered County Consultant Job No. Owner Project Description Owner Contract No. Contract Estimate Cumulative To Date Current Period Labor Dollars (2001) Labor Dollars (2000) Labor Dollars (1999) Overhead (2001) Overhead (2000) Overhead (1999) Direct Expenses Mileage Per Diem CADD Estimated Actual Costs [Prime Only] Subconsultants (including authorized contingency) Name Name Name Estimated Actual Costs [Total Subconsultant Costs] Total Estimated Actual Costs [Prime + Total Subconsultant Costs] Fixed Fee Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours (2001) Labor Hours (2000) Labor Hours (1999) Page 36 of 37 ATTACHMENT G Page 3 Cost Plus Fixed Fee Final Invoice Instructions •Employee Labor Hours and Dollars: A final cumulative job cost report that shows a breakdown of labor by fiscal year, employee name, employee labor hours and employee labor rate is required. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. •Overhead Rates: Overhead rates and labor dollars to which the overhead rates are applied should match the fiscal year in which the costs are incurred. Overhead rates applied to labor should be audit verified when available. When not available, proposed FAR adjusted rates for the fiscal year in which the labor is incurred should be used. •Direct Expenses: A final cumulative job cost report that shows a breakdown of direct expenses by spec ific item (mileage, CADD, per diem, etc….) by fiscal year is required. Direct expense items charged should identify the number of units (miles, hours, prints, copies, feet, etc….) and the rate applied by fiscal year. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. •Subconsultant: Final invoice requirements for subconsultants with cost plus fixed fee contracts are the same as the requirements for the prime consultant. It is the prime consultant’s responsibility to assure such an invoice is acquired and attached to the prime’s final invoice. Page 37 of 37 ATTACHMENT H Consultant Fee Proposal See attached spreadsheet.