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Professional Services Agreement-WHKS and Co. - Streetscape Improvements450 Central Avenue Dubuque,IA 52001-7024 Phone:319-582-5481WHKS&CO. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT,by and between City of Dubuque ,hereinafter referred to as the "Client"andWHKS&Co .,hereinafter referred to as 'WHKS",is made as follows: WHEREAS,the Client has a need for certain professional services relating to the project describedStreetscapeImprovementsatVariousDowntownLocations Planning and Design Services as : and, WHEREAS,WHKS proposes to furnish the professional services required by the Client for saidproject, NOW THEREFORE,the Client hereby agrees to retain and compensate WHKS to perform theprofessionalservicesinaccordancewiththetermsandconditionsofthisAgreementandtheattachedGeneralProvisions(Exhibit A).Certificates of Insurance are attached as a part ofExhibitA. Scope of Services WHKS shall perform the following described services for the Client: See Exhibit B Basis of Compensation For the services described above,the Client shall remunerate WHKS as follows: Not to Exceed Fee =$41,000 (See Exhibit C) Executed this day of .,2000./ City of Dubuque WHKS &CO. WHKS 450 Central Avenue Dubuque,IA 52001-7024Phone:319-582-5481&CO. EXHIBIT A RE:Dubuque,IA Streetscape Improvements at Various Downtown Locations Planning and Design Services WHKS &Co.General Provisions Certificate of Insurance for General Liability Certificate of Insurance for Professional Liability Page A-1 450 Central Avenue Dubuque,IA 52001-7024 Phone:319-582-5481WHKS&CO. GENERAL PROVISIONS FOR PROFESSIONAL SERVICES AGREEMENTS of defense)to the extent caused byWHKS'negligent acts,errors oromissionsintheperformanceofprofessionalservicesunderthisAgreementandthoseofitssubconsultantsoranyoneforwhomWHKSislegallyliable. The Client agrees,to the fullest extentpermittedbylaw,to indemnify andholdWHKSharmlessfromanydamage,liability or cost (includingreasonableattorneys'fees and costsofdefense)to the extent caused bytheClient's negligent acts,errors oromissionsandthoseofhisorhercontractors, consultants or anyone for whom theClientislegallyliable,and arising fromtheprojectthatisthesubjectofthisAgreement. 1.Scope of Services constitute a material breach of thisAgreementandshallbecauseforterminationbyWHKS. Payment of invoices is in no casesubjecttounilateraldiscountingorset-offs by the Client,and payment is dueregardlessofsuspensionorterminationofthisAgreementbyeitherparty. 8.Ownership of Records The Client and WHKS have agreed to a list of services WHKS will provide to the Client as listed on the Professional Services Agreement Form. 2.Governing Law The laws of the State of Iowa willgovernthevalidityofthisAgreement,its interpretation and performance.AnylitigationarisinginanywayfromthisAgreementshallbebroughtinthe courts of that State. All reports,plans,specifications ,fielddataandnotesandotherdocuments,including all documents on electronicmedia,prepared by WHKS asinstrumentsofserviceshallremainthepropertyofWHKS. The Client shall be permitted to retaincopies,including reproducible copies,of the plans and specifications forinformationandreferenceinconnectionwiththeClient's use of thecompletedproject.The plans andspecificationsshallnotbeusedbytheClientorbyothersonothersimilarprojectsexceptbyagreementinwritingbyWHKS. 9.Delivery of Electronic Files subcontractors3.Standard of Care or Services provided by WHKS underthisAgreementwillbeperformedinamannerconsistentwiththatdegreeofcareandskillordinarilyexercisedbymembersofthesameprofession currently practicing under similarcircumstancesandlocality. 4.Integration 7.Billing and Payment Provisions Invoices shall be submitted by WHKSmonthlyandaredueuponpresentationandshallbeconsideredPASTDUEifnotpaidwithinthirty(30)calendardaysoftheinvoicedate. If payment is not received by WHKSwithinthirty(30)calendar days of theinvoicedate,the Client shall pay asinterestanadditionalchargeofoneandone-quarter percent (1.25%)ofthePASTDUEamountpermonth.Payment thereafter shall first beappliedtoaccruedinterestandthentotheunpaidprincipal. In the event legal action is necessary to enforce the payment provisions ofthisAgreement,each party shall beentitledtocollectfromtheotheranyjudgmentorsettlementsumsdue,court costs,and expenses incurred inconnectiontherewith. This Agreement comprises the final and complete agreement between theClientandWHKS.It supersedes allpriorcommunications,representations,or agreements,whether oral or written,relating to the subject matter of this Agreement.Execution of this Agree- ment signifies that each party has readthedocumentthoroughly.Amend-ments to this Agreement shall not bebindingunlessmadeinwritingandsignedbyboththeClientandWHKS. 5.Guarantees and Warranties In accepting and utilizing any drawings,reports and data on any form of electronic media generated and provided by WHKS,the Client covenants and agrees that all such electronic files are instruments of service of WHKS,who shall be deemed the author,and who shall retain all rights under common and statutory laws,and other rights, including copyrights .The Client is aware that 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 WHKS and electronic files,the signed construction documents shall govern. WHKS shall not be required to signanydocuments,no matter by whom requested,that would result in WHKS having to guarantee or warrant theexistenceofconditionswhose existence WHKS cannot ascertain.The Client also agrees not to makeresolutionofanydisputewithWHKS or payment of any amount due toWHKSinanywaycontingentuponWHKSsigninganysuchguaranteeor warranty. If the Client fails to make paymentswithinsixty(60)days from the date ofaninvoiceorotherwiseisinbreachofthisAgreement,WHKS may suspendperformanceofservicesuponfive(5)calendar days'notice to the Client.WHKS shall have no liabilitywhatsoevertotheClientforanycostsordamagesasaresultofsuchsuspensioncausedbyanybreachofthisAgreementbytheClient. If the Client fails to make payment toWHKSinaccordancewiththepaymenttermsherein,this shall 6.Indemnification The Client and WHKS agree that the electronic files prepared by WHKS shall conform to the current CADD software in use by WHKS or to other mutually agreeable CADD specifica- tions defined in the Agreement.Any WHKS agrees,to the fullest extent permitted by law,to indemnify andholdtheClientharmlessfromanydamage,liability or cost (includingreasonableattorney's fees and costs c:/dept/o/wp/gen-prov.dbq approvals typically required by law forprojectssimilartotheoneforwhichWHKSservicesarebeingengaged.This assistance consists of completingandsubmittingformsastotheresultsofcertainworkincludedintheScopeofServices. changes to the CADD specifications by either the Client or WHKS are subject to review and acceptance by the other party.Additional efforts by WHKS made necessary by a change to the CADD specifications or other software shall be compensated for as Additional Services. agencies.WHKS and its personnelhavenoauthoritytoexerciseanycontroloveranyconstructioncontractororotherentityortheiremployeesinconnectionwiththeirworkoranyhealthorsafetyprecautions. 16.Additional Services12.Suspension of Services If the project is suspended for morethanthirty(30)calendar days in theaggregate,WHKS shall becompensatedforservicesperformedandchargesincurredpriortoreceiptofnoticetosuspendand,uponresumption,an equitable adjustment infeestoaccommodatetheresultingdemobilizationandremobilizationcosts.In addition,there shall be anequitableadjustmentintheprojectschedulebasedonthedelaycausedbythesuspension.If the project issuspendedformorethanninety(90)calendar days in the aggregate,WHKS may,at its option,terminatethisAgreementupongivingnoticeinwritingtotheClient. 13.Termination The electronic files provided by WHKS to the Client are submitted for an acceptance period of 60 days.Any defects the Client discovers during this period will be reported to WHKS and will be corrected as part of the Scope of Services.Correction of defects detected and reported after the acceptance compensated for as Additional Services. Services which are requested by theClientorarerequiredaspartoftheProject,but are not included in theScopeofServices,are consideredAdditionalServices. WHKS will notify the Client in writing when Additional Services will be needed.WHKS will not perform Additional Services which will result in additional cost to the Client without documented verbal or written authority of the Client. period will be The Client agrees not to reuse the electronic files,in whole or in part,for any purpose or project other than the project that is the subject of this Agreement.The Client agrees not to transfer the electronic files to others without the prior written consent of WHKS.In addition,the Client agrees, to the fullest extent permitted by law, to indemnify and hold WHKS harmless from any damage,liability or cost, including reasonable attorney’s fees and costs of defense,arising from any changes made by anyone other than WHKS or from any reuse of the electronic files without the prior written consent of WHKS. 17.Dispute Resolution In an effort to resolve any conflicts thatariseduringthedesignorconstructionoftheprojectorfollowingthecompletionoftheproject,the ClientandWHKSagreethatalldisputesbetweenthemarisingoutoforrelatingtothisAgreementshallbesubmittedtononbindingmediationunlessthepartiesmutuallyagreeotherwise. 18.Third Party Beneficiaries Either the Client or WHKS mayterminatethisAgreementatanytimewithorwithoutcauseupongivingtheotherpartyseven(7)calendar dayspriorwrittennotice.The Client shallwithinthirty(30)calendar days ofterminationpayWHKSforallservicesrenderedandallcostsincurreduptothedateoftermination,in accordancewiththecompensationprovisionsoftheAgreement. 14 .Unauthorized Changes Nothing contained in this AgreementshallcreateacontractualrelationshipwithoracauseofactioninfavorofathirdpartyagainsteithertheClientorWHKS.WHKS'services under thisAgreementarebeingperformedsolelyfortheClient's benefit,and no otherentityshallhaveanyclaimagainstWHKSbecauseofthisAgreementortheperformanceornonperformanceofserviceshereunder. Under no circumstance shall delivery of the electronic files for use by the Client be deemed a sale by WHKS and WHKS makes no warranties, either merchantability and fitness for any particular purpose.In no event shall WHKS be liable for any loss of profit or any consequential damages. In the event the Client,the Client’scontractorsorsubcontractorsoranyoneforwhomtheClientislegallyliablemakesorpermitstobemadeanychangestoanyreports,plans,specifications or other contractdocumentspreparedbyWHKSwithoutobtainingWHKS’prior writtenconsent,the Client shall assume fullresponsibilityfortheresultsofsuchchanges.Therefore,the Client agreestowaiveanyclaimagainstWHKSandtoreleaseWHKSfromanyliabilityarisingdirectlyorindirectlyfromsuchchanges. 15 Jobsite Safety or implied,ofexpress 19 Extension of Protection The Client agrees to extend any and allliabilitylimitationsandindemnificationsprovidedbytheClienttoWHKSofficersandemployees. 20 Timeliness of Performance 10.Changed Conditions The Client shall rely on the judgment of WHKS as to the continued adequacy of this agreement in light of occurrences or discoveries that were not originally contemplated by or known to WHKS.Should WHKS call for contract renegotiation,WHKS shall identify the changed conditions necessitating renegotiation and WHKS and the Client shall promptly and in good faith enter into renegotiation of this Agreement.If terms cannot be agreed to,the parties agree that either party has the absolute right to terminate this Agreement. WHKS will perform the servicesdescribedintheScopeofServiceswithdueandreasonablediligenceconsistentwithsoundprofessionalpractices. Neither the professional activities ofWHKSnorthepresenceofWHKSoritsemployeesandsubconsultantsataconstructionsite,shall relieve theGeneralContractorandanyotherentityoftheirobligations,duties andresponsibilitiesincluding,but notlimitedto,construction means,methods ,sequence,techniques orproceduresnecessaryforperforming,superintending or coordinating allportionsoftheconstructionworkinaccordancewiththecontractdocumentsandanyhealthorsafetyprecautionsrequiredbyanyregulatory 21 .Delays WHKS is not responsible for delays caused by factors beyond WHKS'reasonable control,including but not limited to delays because of strikes,lockouts,work slowdowns orstoppages,accidents,acts of God,failure of any governmental or otherregulatoryauthoritytoactinatimelymanner,failure of the Client to furnishtimelyinformationorapproveor 11.Permits and Approvals WHKS shall assist the Client inapplyingforthosepermitsand c:/dept/o/wp/gen-prov.dbq disapprove of WHKS'services or workproductpromptly,or delays caused byfaultyperformancebytheClientorbycontractorsofanylevel.When suchdelaysbeyondWHKS'reasonablecontroloccur,the Client agrees WHKSisnotresponsiblefordamages,norshallWHKSbedeemedtobeindefaultofthisAgreementduringsuchperiodofdelay. 22 Right to Retain Subconsultants WHKS may use the services ofsubconsultantsatWHKS'expensewhen,in the sole opinion of WHKS,itisappropriateandcustomarytodoso.Such persons and entities include,butarenotlimitedto,aerial mappingspecialists,geotechnical consultantsandtestinglaboratories.WHKS'useofotherconsultantsforadditionalservicesshallnotbeunreasonablyrestrictedbytheclientprovidedWHKSnotifiestheClientinadvance. 23.Assignment Neither party to this Agreement shalltransfer,sublet or assign any rightsunderorinterestinthisAgreement (including but not limited to moniesthataredueormoniesthatmaybedue)without the prior written consentoftheotherparty. 24 Severability and Survival Any provision of this Agreement laterheldtobeunenforceableforanyreasonsshallbedeemedvoid,and allremainingprovisionsshallcontinueinfullforceandeffect. 25.Hazardous Materials It is acknowledged by both parties thatWHKS'Scope of Services does notincludeanyservicesrelatedtoasbestosorhazardousortoxicmaterials.In the event WHKS or anyotherpartyencountersasbestosorhazardousortoxicmaterialsatthejobsite,or should it become known inanywaythatsuchmaterialsmaybepresentatthejobsiteoranyadjacentareasthatmayaffecttheperformanceofWHKSservices,WHKS may,at itsoptionandwithoutliabilityforconsequentialoranyotherdamages,suspend performance of services ontheprojectuntiltheClientretainsappropriatespecialistconsultants(s)orcontractor(s)to identify,abate and/orremovetheasbestosorhazardousortoxicmaterials,and warrant that thejobsiteisinfullcompliancewithapplicablelawsandregulations. Revised 5/24/96 Revised 3/10/98 c:/dept/o/wp/gen-prov.dbq DATE (MM/DD/YY) 03 /29 /00AttOKIftCERTIFICATEOFLIABILITYINSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND'OR Al TFR THF COVFRAGF AFFORDFD RY THF POI ICIFS RFI OW PRODUCER Edwards -Brandt and Associates 2007 4 th St.SW r-..-y.^INSURERS AFFORDING COVERAGEIA50401MasonCity Cincinnati InsuranceINSUREDINSURERA INSURER BWHKS&Co. PO Box 1467 INSURER C INSURER DIA504021467MasonCity INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POI ICIFS ACGRFGATF J IMlIS^OWLUulfCHAVE^EELL^EDUCED-^Y-BAlD-CLAiMS. POLICY NUMBER POLICY EFFECTIVEDATF(MM /nn/YV)POLICYDATF EXPIRATION(MM/nnA'Y)INSR LIMITSTYPEOFINSURANCEITR 1,000,000EACHOCCURRENCE$A GENERAL LIABILITY CPP 0677560 07/01/0007/01 /99 500,000XFIREDAMAGE(Any one fire)$COMMERCIAL GENERAL LIABILITY OCCURs 10,000MEDEXP(Any one person)$CLAIMS MADE 1,000,000PERSONAL&ADV INJURY $ GENERAL AGGREGATE S 2 ,000,000PRODUCTS-COMP/OP AGGGEN’L AGGREGATE LIMIT APPLIES PER:$n PRO*LOCPOLICYJECT A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident)CPP 0677560 07/01/0007/01/99 750,000$ ANY AUTO ALL OWNED AUTOS BODILY INJURY(Per person)$ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident)$ NON-OWNED AUTOS PROPERTY DAMAGE(Per accident)$ AUTO ONLY -EA ACCIDENTGARAGELIABILITY $ EA ACCANYAUTO SOTHERTHANAUTOONLY:$AGG 3,000,000EACHOCCURRENCEEXCESSLIABILITY X OCCUR A $07/01/99 07/01/02CCC4401391 AGGREGATECLAIMSMADE $ $ DEDUCTIBLE $ RETENTION $$ WC STATU-TDRY I IMITS 13S:WORKERS COMPENSATION AND EMPLOYERS’LIABILITY WC 1908531 -01 07/01/99 07/01/00A 100,000E.L.EACH ACCIOENT 5 500,000E.L.DISEASE -EA EMPLOYEE S 100,000E.L.DISEASE -POLICY LIMIT s OTHER DESCRIPTION OF OPERATIONSA-OCATIONSWEHICLESBCCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS STREETSCAPE IMPROVEMENTS AT VARIOUS DOWNTOWN LOCATIONSPROJECT: THE FOLLOWING CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED ADDITIONAL INSURED;INSURER LETTER:CANOE!I ATIONCERTIFICATEHOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT rAtttfflg’TO -PO-SO SHALL DATE THEREOF,THE ISSUING INSURER WIHr-ENBeAVOR TO MAILCITYOFDUBUQUE ATTN:MICHAEL A.KOCH,P.E. 50 W .13TH STREET DUBUQUE UPON IHE INSURER.ITS AGENTS OfT ((^f7S)\\^feEMTAMVES. VY-y jj y jAjfrHORIZED REPRESENTATIVE IA 52001-4864 ACORD 25-S (7/97)©ACORD CORPORATION 1988 626 AOOmi.CERTIFICATE OF INSURANCE DATE (MM/DO /YY ) M ATT^f 0PROOUCERC.James Cutler/Suzan K .Blake ,CISRHolmesMurphy&Associates 230 2 nd Street S .E .,#212 P.O.Box 2429 Cedar Rapids ,IA 52406 r’TITIAIHIS CERTIFICATE IS ISSUED AS A^'tlxvONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND ORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW. COMPANIES AFFORDING COVERAGE / Security Ins .Co.of HartfordCOMPANYA INSURED COMPANYBWHKS&Co. Attn : 450 Central Avenue Dubuque ,IA 52001 -7024 Sarah Saylor COMPANYC COMPANYD COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATEMAYBEISSUEDORMAYPERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMSEXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATIONDATE(MM/DD/YY)DATE (MM/DD/YY ) CO TYPE OF INSURANCE POLICY NUMBER LIMITSLTR GENERAL LIABILITY GENERAL AGGREGATE _$ PRODUCTS-COMP/OP AGG $__ PERSONAL &ADV INJURY $ EACH OCCURRENCE FIRE DAMAGE (Any one fire)_$ EXP (Any one person)$ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR i OWNER'S &CONT PROT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT SANYAUTO ALL OWNED AUTOS BODILY INJURY (Per person)$SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident)SNON-OWNED AUTOS PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY:ANY AUTO EACH ACCIDENT $ AGGREGATE $EXCESS LIABILITY EACH OCCURRENCE SUMBRELLAFORMAGGREGATESOTHERTHANUMBRELLAFORMSWORKERSCOMPENSATIONANDEMPLOYERS'LIABILITY STATUTORY LIMITSi! EACH ACCIDENT STHEPROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: INCL DISEASE -POLICY LIMIT $ DISEASE -EACH EMPLOYEE $ 5/29/98 5/29 /00 $1,000 ,000 /per claim ;(two year policy )$2,000 ,000 /aggregate .The limit of insurance shown may be depleted by payment of loss or expenses related to other projects due to claims madeagainsttheinsuredduringthedescribedpolicyperiod. DESCRIPTION OF OPERAT10NS/LOCATIONS/VEHICLES/SPECIAL ITEMS Re:streetscape improvements at various downtown locations . EXCL A “M'bfessionalLiability* PL 513337 -01DEX513337-01k CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE A80VE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL City of Dubuque Attn : Public Works Director 50 West 13 th Street Dubuque,IA 52001 -4864 MAIL30DAYSWRITTENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHELEFT, Michael Koch AUTHCflZED REPRESENTATIVE 5+V’©ACORD CORPORATION 1993 i—*ACORD 25-S (3/93) 450 Central Avenue Dubuque,IA 52001-7024 Phone:319-582-5481WHKS&CO. EXHIBIT B RE:Dubuque,IA Streetscape Improvements at Various Downtown Locations Planning and Design Services SCOPE OF SERVICES to City of Dubuque The overall work program is broken down into the following three phases: Phase One:Streetscape Concept and Design Development Phase Two:Final Design,Plans and Specifications,and Estimate ofAnticipatedConstructionCosts(Future) Construction Services (Optional)Phase Three: PHASE ONE:Concept and Design Development This phase will focus on evaluating existing conditions and defining the issues that need to beaddressed. The project will include: 5)The Washington Park area,including: d)The sidewalk around Washington Park e)6th Street from Bluff Street to Locust Street,including the Locust Street intersectionf)7th Street from Bluff Street to Locust Street including the Locust Street intersection6)A transitional sidewalk concept,and future possible locations7)The north sidewalk of 5th Street,from 5,h to Iowa,including the Main Street intersection8)The half block on 6th Street,from Main Street east to the alley TASK 101:PROJECT INITIATION Initially,more detailed information needs to be accumulated. 1.Detailed design survey that will include utility locations,building and street elevations,dimensions,building edge and entrances,along with other existing features along MainStreetandtheTownClockPlazaarea. Page B-1 450 Central Avenue Dubuque,IA 52001-7024 Phone:319-582-5481 WHKS &CO. Visit with City Staff and owner participants to begin the process and outline concerns,desires,constraints and opportunities. 2. TASK 102:CONCEPTUAL PLAN ALTERNATIVES The project area of 6th Street,from Main Street east,will be reviewed to determineproblemswithexistingconditionsandconceptswillbeprovidedtofinishprovideacompletedstreetscapeonthenorthsideoftheCIGNAbuilding. 1 . Fifth Street,from Iowa Street to Main Street,will be reviewed for improvements that arecoordinatedwiththesouthsideoftheCIGNAbuilding,parking ramp improvements ,and the 5th Street /Main Street intersection for better pedestrian movement and streetamenities. 2 . Washington Park,and 6th Street,7th Street from Locust to Bluff,will be reviewed to forintersectionandsidewalkimprovements.Possible future connections of sidewalksalongBluff,Iowa and other downtown locations will be reviewed and concepts for thetypicaltransitionalsidewalkwillbedeveloped. TASK 103:PRESENT PLAN ALTERNATIVES 3. Meet with the City Staff and owner participants to review the exhibits and plans,with afocusonselectingapreferredapproach,understanding there is to be a continuance ofaunifiedplanfortheoverallstreetscape.The alternative plans will also addresspreliminaryestimatesofanticipatedconstructioncoststofacilitateamenitychoicesandotherprojectdetails. 1. 2.Meet with the City Council in a work session to review the alternative plans andpreliminaryestimatesofanticipatedconstructioncosts. Compile comments from all meetings and determine directions for the selectedalternatives. 3. TASK 104:PREPARE FINAL DESIGN SCOPE OF WORK AND FEES Confirm with the City the final construction scope,construction costs,and receive theauthorizationtopreparetheconstructionplansanddocuments.Develop additionalfeesandscopeofworkforthefinaldesignoftheprojectelectricalsystemimprovements. 1. Page B-2 450 Central Avenue Dubuque,IA 52001-7024 Phone:319-582-5481WHKS&CO. PHASE TWO:FINAL DESIGN,PLANS AND SPECIFICATIONS,AND ESTIMATE OFANTICIPATEDCONSTRUCTIONCOSTS(Future) TASK 201:Final budget and schedule is confirmed with the City.Begin final design and thedevelopmentoffinalplansandcontinueuntilthedesignandplansareapproximately50percentcomplete. TASK 202:The Design Team meets with the City Staff and owner participants to review 50%completion of the design of construction plans.Comments are summarized and technicaladjustmentsaremade.The design and plans are further developed to approximately 90 percentcompletion. TASK 203:The Design Team presents 90%completion of plan set with City Staff and ownerparticipants,so that technical comments can be addressed,as needed.Plans,specifications,and theestimateofanticipatedconstructioncostsarecompleted. TASK 204:A completed original plan set,specifications,contract documents and the estimate ofanticipatedconstructioncostsaredeliveredtotheCityofDubuque.The Design Team assists theCityofDubuqueduringbiddingandletting. PHASE THREE -CONSTRUCTION SERVICES The City of Dubuque may request construction Services by the Design Team.The work associatedwiththistaskisnotincludedbutmaybeaddedtothiscontractbysupplementalagreement. ASSUMPTIONS AND LIMITATIONS 1)The conceptual design will be based on Main Street as a pedestrian mall.2)Structural engineering analysis and design tasks are not included but may be provided as ExtraService,if required after Phase 1. 3)Final electrical system design is not included but will be provided during Phase 2.The scope ofworkandfeesforthisworkwillbenegotiatedduringthelaterpartofPhase1. CITY OF DUBUQUE RESPONSIBILITIES 1 .Existing traffic signal plans for intersections,including phasing,timing,and interconnectinformation. Provide meeting accommodations for all project meetings .All work related to assessments to property owners for project improvements.Project newsletters and newspaper notices.Available database of stakeholders and public names,address,phone numbers for sendinginvitationstoprojectmeetings.Provide City letterhead stationary and envelopes as needed.All work required for advertising,copying and distributing plans and specifications,letting,andawardingtheconstructionproject. 2 . 3. 4. 5. 6. Page B-3 450 Central Avenue Dubuque,IA 52001-7024 Phone:319-582-5481 WHKS &CO. PROJECT SCHEDULE Phase 1 Contract approval April 3,2000AfternoonMeetingwithCityStaffWeekofApril 10,2000 Day after City Staff meetingMorningMeetingwithCityStaffandBusinesses Meeting on Concepts with City Staff and Businesses Week of May 1,2000WorkSessionwiththeCityCouncilMay8,2000Phase2Contractapproval(Future)May 15 ,2000ConstructionPlansavailableforletting(Future)July 17 ,2000ContractAward(Future)August 21,2000 Page B-4 450 Central Avenue Dubuque,IA 52001-7024 Phone:319-582-5481WHKS&CO. EXHIBIT C RE:Dubuque,IA Streetscape Improvements at Various Downtown LocationsPlanningandDesignServices Project Fees WHKS &Co.DSU Gilmor &Doyle Total PHASE ONE TOTALS $13,000 $28,000 $0 $41 ,000 Page C-1