Signed Contract_Structural/Stability Analysis of Dubuque Levy and FloodwallMasterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Structural /Stability Analysis of the Dubuque Levee and Floodwall System,
Contract for Engineering Services
DATE: October 22, 2010
INTRODUCTION
MEMORANDUM
The purpose of this memo is to present a contract for review and approval CDM for a
detailed study, preparation of the necessary documentation, and submission of an
application for a Letter of Map Revision (LOMR) to revise flood hazard zones proposed
by the Federal Emergency Management Agency (FEMA) for the Bee Branch and North
Fork Catfish Creek watersheds.
BACKGROUND
On July 15, 2009, the City of Dubuque received the preliminary map and the Flood
Insurance Study Report as part of FEMA's Flood Map Modernization Program. The
program is designed to update on a nationwide basis the flood insurance rate maps of
member communities and counties in the National Flood Insurance Program (NFIP).
The City of Dubuque supports FEMA's nationwide effort to have accurate flood plain
maps. However, the Planning Services Department and the Engineering Department
are concerned with the inaccuracy of the methods utilized by FEMA to produce the
DFIRM proposed for Dubuque.
FEMA utilized cost - effective "approximate" methods to establish the new flood zones
proposed in the North End Neighborhood and the Washington neighborhood, in the
Keyway /Keymont/Keymeer area, along Kaufmann Avenue, along West 32nd Street,
and in the Kerper Boulevard industrial area. The citizens of Dubuque have made
significant investments in these areas. Designation of these areas as Zone A flood
hazard areas will place an additional financial burden on homeowners and businesses
in these areas and likely lead to disinvestment and blighted conditions.
FEMA has proposed a map that would significantly expand the number of properties in
the city designated as being in a regulated flood plain from 70 structures to over 1,700
structures.
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In March of 2010, the City Council authorized the release of an RFP for the engineering
analysis, preparation of documentation, and submittal of an application to FEMA for a
LOMR that would revise the flood hazard zones identified in preliminary DFIRM based
on the more detailed analysis.
On May 3, 2010 the City Council authorized the City Manager to negotiate and enter
into a contract with CDM to perform engineering analysis, prepare the necessary
documentation, and submit an application for a LOMR.
DISCUSSION
Assistant City Attorney Tim O'Brien and Civil Engineer Deron Muehring have reviewed
the attached agreement. The attached agreement reflects the input and modifications
requested by City staff.
RECOMMENDATION
recommend that the City execute the attached agreement for the structural /stability
analysis of the Dubuque levee and floodwall system.
BUDGET IMPACT
CDM's cost proposal is $48,918.00, which is slightly under the City's estimated cost of
$50,000. The work will be funded with Stormwater Management Funds.
ACTION TO BE TAKEN
respectfully request that you review and sign the attached agreement with CDM for a
detailed study, preparation of the necessary documentation, and submission of an
application for a LOMR to revise flood hazard zones proposed by the FEMA for the Bee
Branch and North Fork Catfish Creek watersheds.
Attach.
Prepared by Deron Muehring
cc: Barry Lindahl, City Attorney
Tim O'Brien, Assistant City Attorney
Jenny Larson, Budget Director
Laura Carstens, Planning Services Manager
Deron Muehring, Civil Engineer II
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
THIS IS AN AGREEMENT made as of , 2010 between the City of Dubuque,
Camp Dresser & McKee Inc. ( "ENGINEER ").
OWNER intends to engage ENGINEER to perform activities as detailed in Exhibit
Revision Study (the "Project ").
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the
performance or furnishing of services by ENGINEER with respect to the Project and the payment for those
services by OWNER as set forth below. Execution of this Agreement by ENGINEER and OWNER
constitutes OWNER's written authorization to ENGINEER to proceed on the date first above written with
the Services described in Article 1 below. This Agreement will become effective on the date first above
written.
ARTICLE 1 — SCOPE OF SERVICES
1.1 ENGINEER agrees to perform for OWNER services as described in Exhibit A (hereinafter referred
to as "Services ") in accordance with the requirements outlined in this Agreement.
ARTICLE 2 — TIMES FOR RENDERING SERVICES
2.1 The specific time period for the performance of ENGINEER's Services are set forth in Exhibit A.
2.2 If the specific periods of time for rendering services or specific dates by which services are to be
completed are changed through no fault of ENGINEER, the rates and amounts of compensation
provided for herein shall be subject to equitable adjustment. If OWNER has requested changes in the
scope, extent, or character of the Project, the time of performance and compensation for
ENGINEER's services shall be adjusted equitably.
2.3 If ENGINEER's services are delayed or suspended in whole or in part by OWNER for more than
three months through no fault of ENGINEER, ENGINEER shall be entitled to equitable adjustment
of rates and amounts of compensation provided for elsewhere in this Agreement to reflect, among
other things, reasonable costs incurred by ENGINEER in connection with such delay or suspension
and reactivation and the fact that the time for performance under this Agreement has been revised
ARTICLE 3 — OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER and shall
bear all costs incident thereto:
3.1 Pay the ENGINEER in accordance with the terms of this Agreement.
Owner and Engineer — 2/2008 (JPM version 10/8/10) 1
IA ( "OWNER ") and
B for Letter of Map
3.2 Designate in writing a person to act as OWNER's representative with respect to the services to be
performed or furnished by ENGINEER under this Agreement. Such person will have complete
authority to transmit instructions, receive information, interpret, and define OWNER's policies and
decisions with respect to ENGINEER's services for the Project.
3.3 Provide all criteria and full information as to OWNER's requirements for the Project, including, as
applicable to the Services, design objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and furnish copies of all design and construction
standards which OWNER will require to be included in the Drawings and Specifications.
3.4 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the
Project including previous reports and, as applicable to the Services, any other data relative to design
or construction of the Project, all of which ENGINEER shall be entitled to rely upon.
3.5 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or time of performance or furnishing of
ENGINEER's Services or any defect or non conformance in ENGINEER's Services or in the work
of any Contractor.
3.6 Bear all costs incident to compliance with the requirements of this Article 3.
ARTICLE 4 — PAYMENTS TO ENGINEER FOR SERVICES
4.1 Methods of Payment for Services of ENGINEER.
4.1.1 OWNER shall pay ENGINEER for Services performed or furnished under this Agreement
or as described in Exhibit A. The amount of any excise, VAT, or gross receipts tax that may
be imposed shall be added to the compensation shown in Exhibit A.
4.1.2 Invoices for Services will be prepared in accordance with ENGINEER' s standard invoicing
practices and will be submitted to OWNER by ENGINEER at least monthly. Invoices are
due and payable on receipt.
4.1.3 If OWNER fails to make any payment due ENGINEER for services and expenses within
thirty days after receipt of ENGINEER's invoice therefor, the amounts due ENGINEER
will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted
by law, if less) from said thirtieth day; and, in addition, ENGINEER may, after giving
seven days' written notice to OWNER, suspend services under this Agreement until
ENGINEER has been paid in full all amounts due for services, expenses and charges.
Payments will be credited first to interest and then to principal. In the event of a disputed or
contested billing, only that portion so contested may be withheld from payment, and the
undisputed portion will be paid.
OWNER agrees to pay ENGINEER all costs of collection including but not limited to reasonable
attorneys' fees, collection fees and court costs incurred by ENGINEER to collect properly due
payments.
ARTICLE 5 — GENERAL CONDITIONS
5.1 Standard of Care
The standard of care for all professional engineering and related services performed or furnished by
ENGINEER under this Agreement will be the care and skill ordinarily used by members of
ENGINEER's profession practicing under similar conditions at the same time and in the same
locality.
5.2 Opinions of Probable Construction Cost
ENGINEER's opinions of probable Construction Cost, as applicable to the Services, provided for
herein are to be made on the basis of ENGINEER's experience and qualifications and represent
ENGINEER's best judgment as an experienced and qualified professional engineer generally
familiar with the construction industry. However, since ENGINEER has no control over the cost of
labor, materials, equipment, or services furnished by others, or over the Contractor's methods of
Owner and Engineer — 5/2010 (JPM version 10/8/10) 2
determining prices, or over competitive bidding or market conditions, or when the Project will be
constructed ENGINEER cannot and does not guarantee that proposals, bids, or actual Construction
Cost will not vary from opinions of probable Construction Cost prepared by ENGINEER. If
OWNER wishes greater assurance as to probable Construction Cost, OWNER shall employ an
independent cost estimator.
5.3 Termination
The obligation to provide further services under this Agreement may be terminated by either party
upon thirty days' written notice in the event of substantial failure by the other party to perform in
accordance with the terms thereof through no fault of the terminating party. In the event of any
termination, ENGINEER will be paid for all services rendered and reimbursable expenses incurred
to the date of termination and, in addition, all reimbursable expenses directly attributable to
termination.
5.4 Use of Documents
5.4.1 All Documents are instruments of service in respect to this Project, and ENGINEER shall
retain an ownership and property interest therein (including the copyright and the right of
reuse at the discretion of the ENGINEER) whether or not the Project is completed.
5.4.2 OWNER may rely upon that data or information set forth on paper (also known as hard
copies) that the OWNER receives from the ENGINEER by mail, hand delivery, or
facsimile, are the items that the ENGINEER intended to send. Files in electronic media
format of text, data, graphics, or other types that are furnished by the ENGINEER to the
OWNER are furnished only for convenience, not reliance by the OWNER. Any conclusion
or information obtained or derived from such electronic files will be at the OWNER's sole
risk. In all cases, the original hard copy of the documents takes precedence over the
electronic files.
5.4.3 Because data stored in electronic media format can deteriorate or be modified inadvertently
or otherwise without authorization of the data's creator, the OWNER agrees that it will
perform acceptance tests or procedures within 60 days, after which the OWNER shall be
deemed to have accepted the data thus transferred. Any transmittal errors detected within
the 60 -day acceptance period will be corrected by the ENGINEER.
5.4.4 When transferring documents in electronic media format, the ENGINEER makes no
representations as to long -term compatibility, usability, or readability of such documents
resulting from the use of software application packages, operating systems, or computer
hardware differing from those used by the ENGINEER.
5.4.5 OWNER may make and retain copies of documents for information and reference in
connection with use on the Project by OWNER. ENGINEER grants OWNER a license to
use the Documents on the Project, extensions of the Project, and other projects of OWNER,
subject to the following limitations: (1) OWNER acknowledges that such Documents are
not intended or represented to be suitable for use on the Project unless completed by
ENGINEER, or for use or reuse by OWNER or others on extensions of the Project or on
any other project without written verification or adaptation by ENGINEER; (2) any such
use or reuse, or any modification of the Documents, without written verification,
completion, or adaptation by ENGINEER, as appropriate for the specific purpose intended,
will be at OWNER's sole risk and without liability or legal exposure to ENGINEER or to
ENGINEER's Consultants; (3) OWNER shall indemnify and hold harmless ENGINEER
and ENGINEER's Consultants from all claims, damages, losses, and expenses, including
attorneys' fees, arising out of or resulting from any use, reuse, or modification without
written verification, completion, or adaptation by ENGINEER; (4) such limited license to
Owner and Engineer — 5/2010 (JPM version 10/8/10) 3
OWNER shall not create any rights in third parties.
5.4.6 If ENGINEER at OWNER' s request verifies or adapts the Documents for extensions of the
Project or for any other project, then OWNER shall compensate ENGINEER at rates or in
an amount to be agreed upon by OWNER and ENGINEER.
5.5 Controlling Law
This Agreement is to be govemed by the law of the State of Iowa.
5.6 Mutual Waiver of Consequential Damages
Notwithstanding any other provision of this Agreement to the contrary, neither party including their
officers, agents, servants and employees shall be liable to the other for lost profits or any special,
indirect, incidental, or consequential damages in any way arising out of this Agreement however
caused under a claim of any type or nature based on any theory of liability (including, but not limited
to: contract, tort, or warranty) even if the possibility of such damages has been communicated.
5.7 Limitation of Liability
In no event shall ENGINEER' s total liability to OWNER and/or any of the OWNER's officers,
employees, agents, contractors or subcontractors for any and all injuries, claims, losses, expenses or
damages whatsoever arising out of or in any way related to this agreement from cause or causes,
including, but not limited to, ENGINEER's wrongful act, omission, negligence, errors, strict
liability, breach of contract, breach of warranty, express or implied, exceed $100,000.
5.8 Successors and Assigns
5.8.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors,
administrators and legal representatives of OWNER and ENGINEER (and to the extent
permitted by paragraph 5.8.2 the assigns of OWNER and ENGINEER) are hereby bound to
the other party to this Agreement and to the partners, successors, executors, administrators
and legal representatives (and said assigns) of such other party, in respect of all covenants,
agreements and obligations of this Agreement.
5.8.2. Neither OWNER nor ENGINEER may assign, sublet or transfer any rights under or interest
(including, but without limitation, moneys that may become due or moneys that are due) in
this Agreement without the written consent of the other, except to the extent that any
assignment, subletting or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement.
5.8.3. Unless expressly provided otherwise in this Agreement:
5.8.3.1. Nothing in this Agreement shall be construed to create, impose or give rise to any
duty owed by ENGINEER to any Contractor, Subcontractor, Supplier, other
person or entity, or to any surety for or employee of any of them, or give any
rights in or benefits under this Agreement to anyone other than OWNER and
ENGINEER.
5.8.3.2. All duties and responsibilities undertaken pursuant to this Agreement will be for
the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit
of any other party.
5.9 Notices
Any notice required under this Agreement will be in writing, addressed to the appropriate party at
Owner and Engineer — 5/2010 (JPM version 10/8/10) 4
the address which appears on the signature page to this Agreement (as modified in writing from time
to time by such party) and given personally, by registered or certified mail, return receipt requested,
by facsimile, or by a nationally recognized overnight courier service. All notices shall be effective
upon the date of receipt.
5.10 Severability
Any provision or part of the Agreement held to be void or unenforceable under any law or regulation
shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
5.11 Changed Conditions
If concealed or unknown conditions that affect the performance of the Services are encountered,
which conditions are not ordinarily found to exist or which differ materially from those generally
recognized as inherent in the Services of the character provided for under this Agreement or which
could not have reasonably been anticipated, notice by the observing party shall be given promptly to
the other party and, if possible, before conditions are disturbed. Upon claim by the ENGINEER, the
payment and schedule shall be equitably adjusted for such concealed or unknown condition by
change order or amendment to reflect additions that result from such concealed, changed, or
unknown conditions.
5.12 Environmental Site Conditions
It is acknowledged by both parties that ENGINEER's scope of services does not include any
services related to Constituents of Concern, as defined in Article 6. If ENGINEER or any other party
encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other
professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern
as defined in Article 6, then ENGINEER may, at its option and without liability for consequential or
any other damages, suspend performance of services on the portion of the Project affected thereby
until OWNER: (1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as
appropriate, abate, remediate, or remove the Constituents of Concern, and (2) warrants that the Site
is in full compliance with applicable Laws and Regulations.
If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance
of ENGINEER's services under this Agreement, then the ENGINEER shall have the option of (1)
accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2)
terminating this Agreement for cause on 30 days' notice.
OWNER acknowledges that ENGINEER is performing professional services for OWNER and that
ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or
"transporter" of hazardous substances, so defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or
near the Site in connection with ENGINEER's activities under this Agreement.
5.13 Insurance
ENGINEER shall procure and maintain insurance for protection from claims under workers'
compensation acts, claims for damages because of bodily injury including personal injury, sickness
or disease or death of any and all employees or of any person other than such employees, and from
claims or damages because of injury to or destruction of property. ENGINEER shall procure and
maintain the insurance as outlined in the attached Insurance Schedule C.
5.14 Discovery
ENGINEER shall be entitled to compensation on a time and materials basis when responding to all
Owner and Engineer — 5/2010 (JPM version 10/8/10) 5
requests for discovery relating to this Project and to extent that ENGINEER is not a party to the
lawsuit.
5.15 Nondiscrimination and Affirmative Action
In connection with its performance under this Agreement, ENGINEER shall not discriminate against
any employee or applicant for employment because of race, color, creed, religion, age, sex, marital
status, sexual orientation or affectional preference, national origin, ancestry, citizenship, physical or
mental handicap or because he or she is a disabled veteran or veteran of the Vietnam era.
ENGINEER shall take affirmative action to ensure that qualified applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, age,
sex, marital status, sexual orientation or affectional preference, national origin, ancestry, citizenship,
physical or mental handicap or because he or she is a disabled veteran or veteran of the Vietnam era.
Such actions shall include recruiting and hiring, selection for training, promotion, fixing rates or
other compensation, benefits, transfers and layoff or termination.
5.16 Force Majeure
Any delays in or failure of performance by ENGINEER shall not constitute a default under this
Agreement if such delays or failures of performance are caused by occurrences beyond the
reasonable control of ENGINEER including but not limited to: acts of God or the public enemy;
expropriation or confiscation; compliance with any order of any governmental authority; changes in
law; act of war, rebellion, terrorism or sabotage or damage resulting therefrom; fires, floods,
explosions, accidents, riots; strikes or other concerted acts of workmen, whether direct or indirect;
delays in permitting; OWNER's failure to provide data in OWNER's possession or provide
necessary comments in connection with any required reports prepared by ENGINEER, or any other
causes which are beyond the reasonable control of ENGINEER. ENGINEER's scheduled
completion date shall be adjusted to account for any force majeure delay and ENGINEER shall be
reimbursed by OWNER for all costs incurred in connection with or arising from a force majeure
event, including but not limited to those costs incurred in the exercise of reasonable diligence to
avoid or mitigate a force majeure event.
5.17 Waiver
Non - enforcement of any provision by either party shall not constitute a waiver of that provision, nor
shall it affect the enforceability of that provision or of the remainder of this Agreement.
5.18 Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
5.19 Subcontractors
ENGINEER may utilize such ENGINEER's Subcontractors as ENGINEER deems necessary to
assist in the performance of its Services.
5.20 Coordination with Other Documents
It is the intention of the parties that if the ENGINEER's Services include design then the Standard
General Conditions will be used as the General Conditions for the Project and that all amendments
thereof and supplements thereto will be generally consistent therewith. Except as otherwise defined
herein, the terms which have an initial capital letter in this Agreement and are defined in the
Standard General Conditions will be used in this Agreement as defined in the Standard General
Conditions. The term "defective" will be used in this Agreement as defined in the Standard General
Conditions.
5.21 Purchase Order
Owner and Engineer — 5/2010 (JPM version 10/8/10) 6
Notwithstanding anything to the contrary contained in any purchase order or in this Agreement, any
purchase order issued by OWNER to ENGINEER shall be only for accounting purposes for
OWNER and the pre - printed terms and conditions contained on any such purchase order are not
incorporated herein, shall not apply to this Agreement, and shall be void for the purposes of the
Services performed by ENGINEER under this Agreement.
5.22 Dispute Resolution
In the event of any dispute between the parties arising out of or in connection with the contract or the
services or work contemplated herein; the parties agree to first make a good faith effort to resolve
the dispute informally. Negotiations shall take place between the designated principals of each party.
If the parties are unable to resolve the dispute through negotiation within 45 days, then either party
may give written notice within 10 days thereafter that it elects to proceed with non - binding
mediation pursuant to the commercial mediation rules of the American Arbitration Association. In
the event that mediation is not invoked by the parties or that the mediation is unsuccessful in
resolving the dispute, then either party may submit the controversy to a court of competent
jurisdiction. The foregoing is a condition precedent to the filing of any action other than an action for
injunctive relief or if a Statute of Limitations may expire.
Each party shall be responsible for its own costs and expenses including attorneys' fees and court
costs incurred in the course of any dispute, mediation, or legal proceeding. The fees of the mediator
and any filing fees shall be shared equally by the parties.
ARTICLE 6 — DEFINITIONS
6.1 Whenever used in this Agreement the following terms have the meanings indicated which are
applicable to both the singular and the plural.
6.1.1 Services
The services to be performed for or furnished to OWNER by ENGINEER described in this
Agreement.
6.1.2 Agreement
This Agreement between OWNER and ENGINEER for Professional Services including
those exhibits listed in Article 7.
6.1.3 Constituent of Concern
Any substance, product, waste, or other material of any nature whatsoever (including, but
not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes
listed, regulated, or addressed pursuant to [a] the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. § §9601 et seq, ( "CERCLA ")1 [b] the Hazardous
Materials Transportation Act, 49 U.S.C. § §1801 et seq.; [c] the Resource Conservation and
Recovery Act, 42 U.S.C. § §6901 et seq. ( "RCRA "); [d] the Toxic Substances Control Act,
15 U.S.C. § §2601 et seq.; [e] the Clean Water Act, 33 U.S.C. §v1251 et seq.; [f] the Clean
Air Act, 42 U.S.C. § §7401 et seq.; and [g] any other federal, state, or local statute, law,
rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or
imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous
waste, substance, or material.
6.1.4 Construction Cost —
• This provision is applicable for projects where ENGINEER provides Design, Bidding and/or Construction Phase Services.
Owner and Engineer — 5/2010 (JPM version 10/8/10) 7
The total cost to OWNER of those portions of the entire Project designed or specified by
ENGINEER. Construction Cost does not include ENGINEER's compensation and
expenses, the cost of land, rights -of -way, or compensation for or damages to properties, or
OWNER's legal, accounting, insurance counseling or auditing services, or interest and
financing charges incurred in connection with the Project or the cost of other services to be
provided by others to OWNER pursuant to Article 3. Construction Cost is one of the items
comprising Total Project Costs.
6.1.5 Documents
As applicable to the Services, the data, reports, drawings, specifications, record drawings
and other deliverables, whether in printed or electronic media format, provided or furnished
by ENGINEER to OWNER pursuant to the terms of this Agreement.
6.1.6 Contractor - •
The person or entity with whom OWNER enters into a written agreement covering
construction work to be performed or furnished with respect to the Project.
6.1.7 ENGINEER's Subcontractor.
A person or entity having a contract with ENGINEER to perform or furnish Services as
ENGINEER's independent professional subcontractor engaged directly on the Project.
6.1.8 Reimbursable Expenses.
The expenses incurred directly in connection with the performance or furnishing of
Services for the Project for which OWNER shall pay ENGINEER as indicated in Exhibit
A.
6.1.9 Resident Project Representative - •
The authorized representative of ENGINEER who will be assigned to assist ENGINEER at
the site during the Construction Phase. The Resident Project Representative will be
ENGINEER's agent or employee and under ENGINEER's supervision. As used herein, the
term Resident Project Representative includes any assistants of Resident Project
Representative agreed to by OWNER. The duties and responsibilities of the Resident
Project Representative are set forth in Exhibit B, "Duties, Responsibilities and Limitations
of Authority of Resident Project Representative" ( "Exhibit B ").
6.1.10 Standard General Conditions - •
The Standard General Conditions of the Construction Contract (No. Not Applicable) of the
Engineers Joint Contract Documents Committee.
6.1.11 Total Project Costs -
The sum of the Construction Cost, allowances for contingencies, the total costs of design
professional and related services provided by ENGINEER and (on the basis of information
furnished by OWNER) allowances for such other items as charges of all other professionals
and consultants, for the cost of land and rights -of -way, for compensation for or damages to
properties, for interest and financing charges and for other services to be provided by others
to OWNER under Article 3.
ARTICLE 7 — EXHIBITS AND SPECIAL PROVISIONS
• This provision is applicable for projects where ENGINEER provides Design, Bidding and/or Construction Phase Services.
Owner and Engineer — 5/2010 (JPM version 10/8/10) 8
7.1 This Agreement is subject to the provisions of the following Exhibits which are attached to and
made a part of the Agreement:
Exhibit A - Engineer's Services, Owner's Responsibilities, Time of Performance, Method of
Payment, and Special Provisions.
Exhibit B - CDM's scope of project work, fee and schedule.
This Agreement (consisting of Pages 1 to 9 inclusive), and the Exhibits identified above constitute
the entire agreement between OWNER and ENGINEER and supersede all prior written or oral
understandings. This Agreement may only be amended, supplemented, modified, or canceled by a
duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date
first above written.
OWNER: ENGINEER:
By: Michael C. Van Milligen
Title: City Manager
Date:
Address for giving notices:
City of Dubuque Engineerig
50 West 13 Street
Dubuque, IA 52001
Owner and Engineer — 5/2010 (JPM version 10/8/10)
By: Daniel H. Lau
Title: Vice President
Date: for 14,1 k,o
9
Address for giving notices:
Camp Dresser & McKee Inc.
330 East Kilbourn Avenue, Suite 1219
Milwaukee, WI 53202
TASK
NO.
STUDY PROJECT TASKS
PROJECT
MANAGER
QA /QC
(Technical
Advisor)
SENIOR
PROJECT
ENGINEER
GIS/
DRAFTING
ADMIN
Outside
Professional -
WHKS. Co
EXPENSES
TASK TOTAL
1.0
DATA COLLECTION, REVIEW OF EXISTING MODELS and DEVELOP FIELD SURVEY PLAN
_
_
$15,334.00 _
KickoffMeetin_ Work Plan
8
8
Data Collection & Review
1
2
4
Review of Existin_ Models (HEC -HMS, HEC -RAS & XP -SWMM
Prepare Report Section On The Review of Existing Models
2
1
8
8
4
4
Pre .are Field Survey Plan
2
4
4
Conduct Field Survey
$7,600.00
Review of Field Survey Data
1
4
4
2.0
DEVELOP HYDROLOGY AND HYDRAULIC MODELS
$20,286.00
Update ZONE A portion of North Fork Catfish Creek HEC -HMS model
U. date ZONE A portion of Bee Branch IBC -HMS model
2
2
2
2
20
20
4
4
Verify/U.date ZONE A Portion of North Fork Catfish Creek HEC -RAS Model
2
8
Verify/Update ZONE A Portion of Bee Branch XP -SWMM Model
2
2
16
Develop HEC -RAS Models for W.32nd Street and Kaufmann Avenue Basins
2
2
2
30 _
8
4
Validate HEC -RAS and XP -SWMM Hydraulic Models
Run Hydraulic Models for 100 Year Storm To Establish BFEs
8
Pre 'are Re.ort Section On Development of H &H Models and Results
2
2
24
8
8
3.0
FLOODPLAIN WORKMAPS
$5,190.00
Develop Preliminary Workmaps
Meeting to Review Preliminary Workmaps
2
4
2
4
8
32
4.0
PREPARE and SUBMIT LOMR APPLICATION
$5,442.00
Develop LOMB Package
4
8
24
8
8
5.0
COORDINATION WITH FEMA
$1,266.00
Technical Coordination With FEMA
2
8
TOTAL
32
29
212
76
20
$7,600.00
$1,400.00
$48,918.00
Project Budget
CAMP, DRESSER & MCKEE
City of Dubuque April 15.2010
North Fork Catfish & Bee Branch LOMR Studies
INSURANCE SCHEDULE C
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE
CITY OF DUBUQUE
1. All policies of insurance required hereunder shall be with an insurer authorized to do
business in Iowa. All insurers shall have a rating of A better in the current A.M. Best
Rating Guide.
2. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice
of cancellation to the City of Dubuque, except for a ten (10) day notice for non-
payment, if cancellation is prior to the expiration date.
3. shall furnish a signed Certificate of Insurance to the City of
Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates
shall include copies of the following endorsements:
a) Commercial General Liability policy is primary and non - contributing.
b) Commercial General Liability additional insured endorsement.
c) Governmental Immunities Endorsement.
, shall upon request, provide Certificates of Insurance for all
subcontractors and sub -sub contractors who perform work or services pursuant to
the provisions of this contract. Said certificates shall meet the insurance
requirements as required of
4. Each certificate shall be submitted to the contracting department of the City of
Dubuque.
5. Failure to provide minimum coverage shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this agreement.
6. Contractor shall be required to carry the following minimum coverage /limits or
greater if required by law or other legal agreement:
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products - Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
1 of 2 January 2008
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE
CITY OF DUBUQUE
This coverage shall be written on an occurrence form, not claims made form. All
deviations or exclusions from the standard ISO commercial general liability form CG
0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97
'Designated Location (s) General Aggregate Limit' shall be included.
Governmental Immunity endorsement identical or equivalent to form attached.
Additional Insured Requirement:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and /or authorities and
their board members, employees and volunteers shall be named as an additional
insured on General Liability including 'ongoing operations "•coverage equivalent
to ISO CG 20 10 07 04.
b) Automobile $1.000.000 combined single limit.
c) WORKERS COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
Each Accident $ 100,000
Each Employee Disease $ 100,000
Policy Limit Disease $ 500,000
d) PROFESSIONAL LIABILITY $1,000,000
e) UMBRELLA/EXCESS LIABILITY *
*Coverage and/or limit of liability to be determined on a case -by -case basis by
Finance Director.
Completion Checklist
INSURANCE SCHEDULE C (Continued)
❑ Certificate of Liability Insurance (2 pages)
❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages)
❑ Additional Insured CG 20 10 07 04
0 Governmental Immunities Endorsement
2 of 2 January 2008
ACOR CERTIFICATE OF LIABILITY INSURANCE 1
DATE(MNIDDIYYYY)
12/7/2007
PRODUCER (563)123 -4567
Insurance Agency
Street Address
•
City
FAx (563) 987 -6543
ST Zip Code
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NQT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC S
INSURED
Company
Street
Ci ty
St Zip Code
INSURER A: Insurance Company
GENERAL UABIUTY
INSURER B:
INSURER C:
EACH OCCURRENCE
INSURER O:
INSURERE:
X
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
SHOULD ANY OP THE ABOVE DESCRIBED POLICIES 45 CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR 70 MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
THE POUCIES 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 VNTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POL CIES DESCRIBED HEREIN (3 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOVIM MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADD'
INBRD
TYPE OF INSURANCE
POLICY NUMBER
POUGY EFFECTIVE
DATE (MMIDDNY)
POL EXPIRATION
DA.EIMM/DD/YYI
OMITS
GENERAL UABIUTY
EACH OCCURRENCE
S 1,000,000
X
COMMERCIAL GENERAL LIABILITY
PR�EMIISES(TQE.oc�auan„)
$ 50,000
A
X
1 CLAIMS MADE X OCCUR
MED EXP (Any one person)
S 5,000
PERSONAL a ADV INJURY
S 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GENT. AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP/OP AGO
5 1,000,000
— I POLICY 1715 1 SECT I 1 LOC
AUTOMOBILE UABIUTY
COMBINED SINGLE LIMIT
1,000,000
X
ANY AUTO
(Es accldenl)
1
A
—
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Pepe)
_
_
HIRED AUTOS
BODILY INJURY
NON -OWNED AUTOS
(PradonD
_
PROPERTY DAMAGE
S
(P4reoGtle U)
GARAGE LUIBILTTY
AUTO ONLY -EA ACCIDENT
5
ANY AUTO
i
OTHER THAN EA ACC
$
'
AUTO ONLY: AGG
S
A
EXCESS/UMSRELLA LIABILITY
EACH OCCURRENCE
S 1,000,000
OCCUR CLAIMS SIAM
AGGREGATE
$ 1,000,000
QQ 11
S
S
DEDUCTIBLE
RETENTION S 0
.(�
. .s 1 8.
I �
0
S
A
WORKERS COMPENSATION AND
EMPLOYERS' UABIUTY
C i
C/
V //te •
e. 1 T �
yyC gTp ) OER 7H.
X I TORY LI S t I
E.L EACH ACCIDENT
5 100,000
ANY PROPRIETORIPARTNERIEXECUTNE
+Jf'
E.1 DISEASE - 3* EMPLOYEE
$ 100,000
OFFICER/MEMBER EXCLUDEDT
j
N yea, deser*a uncle/
SPECIAL PROVISIONS below
EL. DISEASE - POLICY LIMIT
$ 500,000
A
OTHER Professional
$1,000,000
Liability
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES /EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
The City of Dubuque is an additional insured on general liability policies including ongoing 5 completed operations
coverage equivalent to ISO CG 2010 0704 i CG 2037 0704. General
Liability
limit
policy is primary 6 non - contributing. Form
CG 2504 0397 °Designated Locations^ general liability aggregate
is included. Governmental immunities endorsement
is included.
COVERAGES
ACORO 25 (2001106)
INS025 (0/06)06 AMS
CANCELLATION
VMP Mortgage Solutions, Inc. (500)3270545
Page 24 of 33
o ACORD CORPORATION 1988
Page 1 of 2
ACORD 25 (2001108)
NS026lotoel.00 AMS
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in Ileu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder In IIeu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
Pape2012
Page 25 of 33
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED LOCATION(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
COMMERCIAL GENERAL LIABILITY
CG 25 04 03 97
Designated Location(s):
ANY AND ALL COVERED LOCATIONS
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under COVERAGE A (SECTION 1), and
for all medical expenses caused by accidents
under COVERAGE C (SECTION 1), which can be
attributed only to operations at a single desig-
nated "location" shown in the Schedule above:
1. A separate Designated Location General
Aggregate Umit applies to each designated
"location ", and that limit is equal to the
amount of the General Aggregate Limit
shown in the Declarations.
2. The Designated Location General Aggregate
Limit is the most we will pay for the sum of all
damages under COVERAGE A, except dam-
ages because of "bodily injury" or "property
damage" included in the "products- completed
operations hazard ", and for medical expenses
under COVERAGE C regardless of the num-
ber of:
a. Insureds;
b. Claims made or " suits* brought; or
c. Persons or organizations making claims or
bringing "suits ".
3. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the Designated Loca-
tion General Aggregate Limit for that desig-
nated "location'. Such payments shall not re-
duce the General Aggregate Limit shown In
the Declarations nor shall they reduce any
other Designated Location General Aggre-
gate Limit for any other designated 'location"
shown In the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Fire Damage and Medical Ex-
pense continue to apply. However, instead of
being subject to the General Aggregate Umit
shown in the Declarations, such limits will be
subject to the applicable Designated Location
General Aggregate Limit.
B. For all sums which the Insured becomes legally
obligated to pay as damages caused by 'occur-
rences" under COVERAGE A (SECTION I), and
for all medical expenses caused by accidents
under COVERAGE C (SECTION I), which can-
not be attributed only to operations at a single
designated "location" shown in the Schedule
above:
1. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products- Completed Operations Aggregate
Limit, whichever Is applicable; and
2. Such payments shall not reduce any Desig-
nated Location General Aggregate Limit.
CG 25 04 03 97 Page 1 of 2
Page 26 of 33
CG 25 04 03 97
C. When coverage for liability arising out of the
"products - completed operations hazard" is pro-
vided, any payments for damages because of
"bodily Injury" or "property damage" Included in
the "products - completed operations hazard" will
reduce the Products - Completed Operations Ag-
gregate Limit, and not reduce the General Ag-
gregate Limit nor the Designated Location Gen-
eral Aggregate Limit.
D. For the purposes of this endorsement, the Defi-
nitions Section is amended by the addition of
the following definition:
Page 2 of 2
Copyright, Insurance Services Office, Inc., 1996
"Location" means premises involving the same or
connecting Tots, or premises whose connection is
interrupted only by a street, roadway, waterway
or right -of -way of a railroad.
E. The provisions of Limits Of Insurance (SECTION
III) not otherwise modified by this endorsement
shall continue to apply as stipulated.
Page 27 of 33
CG25040397
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and
states that the purchase of this policy and the including of the City of Dubuque, lowa
as an Additional Insured does not waive any of the defenses of governmental
immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4
as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance
shall cover only those claims not subject to the defense of governmental immunity
under the Code of Iowa Section 670.4 as it now exists and as it may be amended
from time to time. Those claims not subject to Code of lowa Section 670.4 shall be
covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible
for asserting any defense of governmental immunity, and may do so at any time and
shall do so upon the timely written request of the insurance carrier.
4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this
policy and the insurance carrier shall not deny any of the rights and benefits
accruing to the City of Dubuque, Iowa under this policy for reasons of governmental
immunity unless and until a court of competent jurisdiction has ruled in favor of the
defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.
SPECIMEN
1 of 1 January 2008
Page 30 of 33
EXHIBIT B
SCOPE OF WORK, FEE and CITY RESPONSIBILITIES
CDM's Scope of Work:
The proposed scope of work is divided into the following tasks:
Task 1 - Data Collection, Review of Existing Models and Develop Field Survey Plan
Task 2 - Develop Hydrology and Hydraulic Models
Task 3 - Floodplain Workmaps
Task 4 - Preparation and Submission of LOMR Application
Task 5 - Coordination with FEMA
Task 1— Data Collection, Review of Existing Models and Develop Field Survey
Plan
Meet with the City's engineering staff at the beginning of the project to collect the available
data and also to interpret the source and background of the data.
Review the existing H &H models for ZONE A portions of both the North Fork Catfish Creek
(NFCC) and Bee Branch (BB) watersheds and determine if the models are compliant with the
FEMA guidelines (FEMA Guidelines and Specifications, Appendix C, Riverine Analysis and
Mapping). Based on the review, develop a field survey plan, which will be developed
consistent with the FEMA guidelines. The survey will be conducted by WHKS & Co. with
guidance from CDM. The survey will include 5 natural cross sections, 4 hydraulic structures
(including transition cross sections), and elevation verification points on adjacent detention
storage facilities. Our survey level of effort assumes that the benchmarks used in the field
survey meet NGS accuracy standards as per FEMA guidelines based on previous work done
by WHKS in the area.
Task Deliverables:
• Draft report section for the LOMR H &H report summarizing the findings from review
of the existing H &H models and available data
• Field survey as specified
Task 2 — Develop Hydrology and Hydraulic Models
Modify the existing NFCC and BB models to develop the hydrologic analysis for those areas
within the ZONE A floodplain, as shown on the Preliminary DFIRMs.
North Fork Catfish Creek ZONE A
Update the existing HEC -HMS model for the NFCC ZONE A based on the current conditions.
The major updates could include adjustments of sub -basin boundaries based on the latest
Page 2
topographic data and the incorporation of the NW Arterial Detention Basin (record drawings
to be provided by the City), and potential runoff curve number modifications to represent
current land use. This information will be updated to the extent necessary to predict
representative flood hazards within the portions of the watersheds delineated in ZONE A.
Update the NFCC model to reflect the NW Arterial Detention Basin so that the full benefits of
the basin can be quantified and reflected in the revised flood maps. CDM assumes that the
City will provide contract plans and the stage storage relationship for the NW Arterial
detention basin. We have assumed that the updated HMS model can be adjusted to match
flows in the adjacent detailed study reach on Catfish Creek which will be a FEMA review
requirement.
Bee Branch ZONE A
Update the existing HEC -HMS model for the BB ZONE A based on - the current conditions.
The major updates will include potential modifications to the sub -basin delineations,
incorporation of the Carter Road, 32nd Street and 16th Street Basins and any required land use
modifications.
Hydraulic Models
Develop hydraulic models of the NFCC and BB for the portions delineated as ZONE A on the
Preliminary DFIRMs. We have assumed steady -state HEC -RAS on Catfish and the upper
reach of the Bee Branch, and unsteady SWMM on the lower reach of Bee Branch and
Kaufmann.
North Fork Catfish Creek ZONE A
Update and revise the existing HEC -RAS model for NFCC to reflect collected survey,
construction plans, and as -built information. The revision will be performed so that the
completed model complies with FEMA standards and requirements. At the downstream end
of the model, utilize the 100 -year water surface elevation from the effective study as the
downstream boundary condition.
Bee Branch ZONE A
Update the existing XP -SWMM model for the storm sewer and downstream portion of BB
ZONE A based on the findings from Task 1. Develop new HEC -RAS model for the open
channel system upstream of the 32nd Street Detention Basin based on field survey data to
obtain channel cross sections and hydraulic structure geometry in this reach. Extend the Bee
Branch SWMM model to include Kauffman Avenue and incorporate final flows from the
HMS model. Cross sections will be obtained to represent overland flow paths along
Kaufmann based on field survey and topographic data. The overbank portion of the cross
sections will be developed using the recent topographic data provided from the City.
Establish Base Flood Elevations (BFEs)
Validate the hydraulic models with the available high water mark and historic flood data
from the City. After the validation, the hydraulic models will be run for the 100 -year storm to
establish BFEs. The BFEs will then be used for developing the 1- percent annual chance
floodplain boundaries for the portions of NFCC and BB watersheds.
Page 3
Review the hydrological and hydraulic updates and revisions to the models, the completed
models, and the validation process and results.
Task Deliverables:
• Draft report section on the development of H &H models and results from the
hydraulic model runs
Task 3 — Floodplain Workmaps
Prepare one percent annual chance floodplain boundaries for the study areas of NFCC and BB
watersheds. Review our final delineation to verify that the delineation is represenative and
acceptable to FEMA.
Prepare a property owner notification letter that the City will send to all affected property
owners where the floodplain has changed as per FEMA regulations. This will include all
owners within the revised ZONE AE floodplain, since establishing the BFEs requires
notification. The City will be responsible for mailing all letters via certified return receipt, per
FEMA LOMR requirements, and providing copies of these return receipts to CDM.
Task Deliverables:
• Preliminary workmaps of 1- percent annual chance floodplain boundaries
• Meeting with the City's engineering staff to review the results of the hydraulic models
and the preliminary 1- percent annual chance floodplain boundaries prior to beginning
• Preparation of the LOMR notification letters and application
Task 4 — Preparation and Submission of LOMR Application
Prepare and review Letter of Map Revision applications in accordance with MT -2 form
instructions. For this task, the following items will be prepared and submitted to FEMA:
• Completed MT -2 forms for the flooding sources seeking a LOMR. The three forms
include the Community Concurrence Form, the H &H Form, and the New Structures
Form.
• City of Dubuque concurrence of LOMR application.
• Report describing scope of study, H &H technical memorandum and all supporting
data used in the analysis (i.e. survey data and structure plans). In addition, this report
will discuss the schedule of the LOMR review and approval as compared to the
Preliminary DFIRMs becoming effective. CDM would recommend that the LOMR be
reviewed and approved per the goal of becoming effective the day after the DFIRMs
become effective.
• Hydrologic and hydraulic models representing existing conditions of the NFCC and
the BB for the area of revision as described in Task 2 in digital and paper format.
Page 4
• Workmaps representing the 1- percent annual chance floodplain boundary for the area
of revision overlaid with topographic contours and effective floodplain boundaries.
All modeled cross sections and roads will be included on the workmap for easy
reference to the hydraulic model. Per FEMA requirements, this workmap will include
the topographic contours used in the analysis and mapping, modeled cross sections,
model nodes and links, channel reaches, stormwater facilities, and roadway crossings.
In addition, the workmap will include both the effective and preliminary floodplain
boundaries, and tie -ins to each for the revised floodplain boundaries. Although the
intent of the LOMR is to revise the preliminary floodplain boundaries, the DFIRMs
will not yet be effective when the LOMR is submitted. Therefore, showing both
boundaries will reduce comments by FEMA. CDM will not revise the limits of the
Zone X area protected by the Mississippi River levee, but will show this boundary on
the topographic workmap for informational and tie -in purposes.
• Drainage area maps for including sub - catchments as modeled in HEC -HMS model.
• Annotated DFIRM at the scale of the Preliminary, showing revised and preliminary
floodplain boundaries, and how these boudaries tie together.
Compile two reports, one for each watershed, including all information listed above, as well
as copies of the notification letters, and submit these to the City for acquiring all local
signatures on the MT -2 forms. Once all the signatures have been received, and once all signed
return receipts have been collected, CDM would submit the final LOMR application to FEMA
for review and approval. It is standard for FEMA to initiate the review prior to receiving all
the return receipts from the property owner notification; however, the LOMR will not be
approved until this step of the process has been completed.
Task Deliverables:
• A LOMR package including MT -2 forms, H &H technical memorandum, maps of 1-
percent annual chance floodplain boundaries, annotated FIRM and all supporting data
used for H &H analysis.
Task 5 — Coordination with FEMA
Coordinate with FEMA's LOMC reviewer for timely determination of the LOMR application.
Establish contact with the FEMA reviewer to open a line of communication and to determine
if any additional information or clarifications are required.
Project Fee:
For the work associated with the described above scope of work, City of Dubuque agrees to
pay CDM on a time and materials basis at a not -to- exceed fee of $48,918.
City Responsibilities:
The City will provide the following:
1. City benchmark data.
Page 5
2. As built construction plans, stage storage relationships and available H &H models for
detention facilities in the two study reach watersheds.
3. Available topographic and GIS information.
4. Previous H &H models for the NBCC and BB reaches /watersheds.
5. Distribution of property owner notification letters on floodplain changes.
EXHIBIT A
TO AGREEMENTBETWEEN
OWNER AND ENGINEER
STUDY AND REPORT
This is an exhibit attached to and made a part of the Agreement dated , 2010 between the City of
Dubuque, IA (OWNER) and Camp Dresser & McKee Inc. (ENGINEER) for professional services.
1.0 ENGINEER'S SERVICES
1.1 Study and Report Phase
Upon this Agreement becoming effective, ENGINEER shall:
1.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and
review available data.
1.1.2 Advise OWNER as to the necessity of OWNER'S providing or obtaining from others
data or services which are not part of ENGINEER's SERVICES, and assist OWNER in
obtaining such data and services.
1.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to
approve the portions of the Project specified by ENGINEER with whom consultation is
to be undertaken in connection with the project.
1.1.4 Conduct appropriate hydrologic and hydraulic analyses for the Project.
1.1.5 Provide a summary of the results.
1.1.6 Furnish the Report to and review it with OWNER.
1.1.7 Revise the Report in response to OWNER's comments, as appropriate, and furnish final
copies of the Report in the number set forth herein.
1.1.8 Submit the Report within the stipulated period indicated herein.
1.1.9 ENGINEER's Services under the Study and Report Phase will be considered complete at
the earlier of (1) the date when the Report has been accepted by OWNER or (2) thirty
days after the date when such Report is delivered to OWNER for final acceptance, plus in
each case such additional time as may be considered reasonable for obtaining approval of
governmental authorities having jurisdiction to review the portions of the Project
specified by ENGINEER, if such approval is to be obtained during the Study and Report
Phase.
The duties and responsibilities of ENGINEER during the Study and Report Phase as set forth in
this paragraph 1.1 are amended and supplemented as follows:
See Exhibit B — Scope of Work.
2.0 OWNER'S RESPONSIBILITIES
2.1 Furnish to ENGINEER, as requested by ENGINEER for performance of Services as required by the
Contract Documents, the available data and information required for completion of the Project.
Exhibit A Study & Report Professional Services Page 1
OWNER shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of
all reports, data, and other information furnished pursuant to this paragraph. ENGINEER may use such
reports, data, and information in performing or furnishing services under this Agreement.
2.2 Provide access to and make all provisions for ENGINEER to enter upon public and private property as
required for ENGINEER to perform services under this Agreement.
2.3 Bear all costs incident to compliance with the requirements of the OWNER's Responsibilities.
The OWNER's responsibilities as set forth in this paragraph 2.0 are amended and supplemented as
follows:
Data and information shall be provided by OWNER as requested in Scope of Work (Exhibit B).
3.0 TIME PERIOD FOR PERFORMANCE
The time periods for the performance of ENGINEER's Services as set forth in Article 2 of said
Agreement are as follows:
No schedule has been established for the project.
4.0 METHOD OF PAYMENT
The method of payment for Services rendered by ENGINEER shall be as set forth below:
OWNER shall be billed on a time and materials basis with a not -to- exceed fee of $48,918.
5.0 SPECIAL PROVISIONS
The following special provisions and/or other considerations or requirements are applicable to their
Agreement:
Not applicable.
Exhibit A Study & Report Professional Services Page 2