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A. Y. McDonald Park Phase II Construction D~~~E ~c/k-~ MEMORANDUM May 31,2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: AY. McDonald Park, Phase II Construction The $200,000 federal trails grant that was received for construction of AY. McDonald Park requires very detailed supervision of construction and reporting to the Iowa Department of Transportation. To accomplish this, an engineering firm experienced in working on this type of project needs to be retained. Leisure Services Manager Gil Spence recommends City Council approval of the Professional Services Agreement with IIW Engineers to supervise construction and do the required reporting for the AY. McDonald Park Phase II Project at an estimated cost of $47,000. I concur with the recommendation and respectfully request Mayor and City Council approval. /flt/! ~{:~/}t1 .L Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager GiI D. Spence, Leisure Services Manager ) '" . ~. ; i5~~~E ~</k.~ MEMORANDUM May 30, 2006 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager SUBJECT: A.Y. McDonald Park, Phase II Construction INTRODUCTION The purpose of this memorandum is to request City Council approval of the Professional Services Agreement with IIW Engineers to supervise construction and do the required reporting to the Iowa Department of Transportation for the A.Y. McDonald Park Phase II Project. DISCUSSION The $200,000 federal trails grant that was received for construction of A.Y. McDonald Park requires very detailed supervision of construction and reporting to the Iowa Department of Transportation. To accomplish this, an engineering firm experienced in working on this type of project needs to be retained. Attached is a copy of the request for proposals that was mailed to IIW Engineers, WHKS and Company, and MSA Professional Services. These are the only local firms I believe are qualified to perform the work required by IDOT. MSA did not submit a proposal because they do not have staff with the certifications required by IDOT. The cost estimate from IIW is $47,000 and WHKS gave an amount not to exceed $56,026.80. WHKS has teamed with Terracon to submit their proposal. The source offunding for these inspection fees is the FY 2007 C.I.P. project for retaining walls ($50,000) that is from DRA distribution. Use of the retaining wall funds for this project was approved by the City Council at the May 1 st meeting when the project was awarded to Portzen Construction. continued CITY OF DUBUQUE, IOWA PROPOSAL FOR PROFESSIONAL SERVICES A. Y. McDonald Park, Phase II Construction May 12, 2006 The City of Dubuque is seeking a qualified firm to provide construction observation, material testing, and construction documentation and quantity measurements for the lOOT let HMA Trail Grant for the AY. McDonald Park, Phase II Construction Project, referred to as NRT-NT06(9) - 9G-31. Services would include verification of conformance with contract documents, project coordination, material testing and measurement to allow reimbursement by the Iowa Department of Transportation. The Iowa Department of Transportation requires a Licensed Professional Engineer to sign weekly working day reports, change orders, and other documentation. The construction contract has been identified as a 130 day working day contract with a late start of 5/22/06 and a 20 working day contract for site 02 with a late start date of 4/02/07. The contractor, Portzen Construction, anticipates providing certified plant inspection as a part of the concrete bid items, which means the selected firm will provide Certified Plant Monitoring. Portzen Construction indicates they believe the working days required will be closer to 80, plus the time to do planting, rather than the total of 150 working days indicated. The scope of services is to provide inspection sufficient to monitor construction activities that are to be in conformance with Iowa DOT requirements, not full time inspection. A more detailed scope of services is listed below. SCOPE OF SERVICES The following list of services will be provided by or under the direct personal supervision of a Professional Engineer licensed to practice in the State of Iowa. Services During Construction 1. General project management and coordination with contractor, designer, and City. Act as City representative. 2. Prepare documentation as required by the Iowa Department of Transportation for tracking of items incorporated into the project and measurement of such items. 3. Conduct preconstruction meeting, prepare and distribute meeting notes. 4. Identify and prepare documentation for Plan Quantity Agreement items. 5. Prepare daily reports. 6. Prepare weekly working day reports and distribute to contractor and DOT. 7. Inspection of contractor's bulletin board for required notices/posters. 8. Sheet pile driving inspection 9. Collect material certifications such as piping, stone tickets, etc. 10. Performing concrete testing and inspection for concrete (at least one test per day every day concrete is being placed.) Includes Concrete Plant Monitoring. 11. Inspection of railing installation, electrical installation, and water line installation. 12. Hot Mix Asphalt in place inspection and plant monitoring as required by the Iowa Department of Transportation. 13. Measure in place quantities and document in item record accounts in preparation for DOT audit. 14. Prepare payment requests (assumes one monthly, 8 total). 15. Prepare change orders in DOT format (assumes 2 total). 16. Perform internal pre-audit and project close out. 17. Host DOT audit and respond to questions, amend documentation as requested. OWNER'S RESPONSIBILITIES The owner shall do the following in a timely manner so as not to delay the services of the Engineer: 1. Designate a person to act as Owner's representative with respect to the services to be rendered under this agreement. Such person shall 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. 2. A full size set of contract documents. 3. Provide all criteria and full information as to the Owner's requirements for the project, including design and contract documents to allow verification of conformance with contract requirements. Includes providing any approved shop drawings. EXCLUSIONS FROM PROFESSIONAL SERVICES The following services are not included in this Proposal. The selected firm will provide proposals for these services if requested: 1. Permit application preparation for Notice of Intent for NPDES Coverage Application Form. 2. Engineering design efforts including but not limited to recalculation of quantities prior to placement. 3. Show drawing review. 4. Retaining wall design. Each firm submitting a proposal must also submit the following: . Prequalified with lOOT - submit lOOT listing . Staff needs to have the required lOOT material testing certifications to perform concrete testing, asphalt plant monitoring, and concrete plant monitoring. Submit copy of certifications. . Completed at least one successful lOOT audit of construction record keeping. . An estimate of the number of hours required for each task and the per hour rate for the person forming that task. . Any other costs that may be added to the fee. Administrative audit and change order approval will be done by Systems Planning in Ames. The fee will be charged for their time actually spent on the project. Your bid is the estimated amount required to complete the project. PROPOSAL SUBMISSION DEADLINE Your proposal should be submitted by 2:00 p.m. on Friday, May 19, 2006, to the address below: Gil D. Spence Leisure Services Department 2200 Bunker Hill Road Dubuque, Iowa 52001-3010 Steven Ulstad Architects is the project designer, a copy of plans are enclosed. If you have any questions, please call Gil Spence, 563-589-4263. " May 19,2006 Mr. Oil Spence City of Dubuque Leisure Services Department 2200 Bunker Hill Rd. Dubuque,IA 52001 Re: Proposal for Professional Services Waterworks Park, Phase 2 Construction IIW Project No: Proposal 06000 Dear Oil: IIW Engineers & Surveyors, P.e. appreciates the opportunity to submit this Proposal for professional services for the above-referenced project. lIW is a multi-discipline consulting firm that has provided professional services ranging from concept through construction on hundreds of projects. lIW is experienced in providing construction services to local municipalities to allow conformance with DOT funding requirements and reimbursement of enhancement funds. This Proposal has been divided into the following sections to describe the servIces proposed: PROJECT DESCRIPTION This project consists of providing construction observation, material testing, construction documentation and quantity measurement for the Iowa DOT let HMA Trail and Landscaping for the Waterworks Park Phase 2 Construction, referred to as NR T- NT06(9)--90-31. Services would include verification of conformance with contract documents, project coordination, material testing and measurement to allow reimbursement by the Iowa Department of Transportation. The Iowa Department of Transportation requires a Licensed Professional Engineer to sign weekly working day reports, change orders, and other documentation. The construction contract has been identified as a 130 day working contract with a late start date of 5/22/06 and a 20 working day contract for site 02 with a late start date of 4/02/07. The contractor, Portzen Construction, anticipates providing certified plant inspection as a part of the concrete bid items, which means IIW will provide Certified Plant Monitoring. Portzen Construction indicates they believe the working days required will be closer to 80, plus the time to do planting, rather than the total of 150 working days indicated. The scope of services is to provide inspection sufficient to monitor construction activities that are to be in conformance with Iowa DOT requirements, not full time inspection. A more detailed scope of services follows. QUALIFICATIONS Prequalified with [DOT We are prequalified to provide engineering services in the following areas with the Iowa DOT: . Location Studies . Bicycle and Pedestrian Transportation Planning . Airport Design . Highway Design - Minor Facility IIW Engineers & Surveyors, P.C [)ubuqlH.:,I'\ Ihuel {jl'CCII, WI J.VJFGRrn r'XN.R/l.\/-,' \()fl,'J'/()VS ( '\ I~ rf \--~( 'l ( ) ) . / 't" Dennis I;, \Vaugh, PE/SF Charles A. Cate, PE Gary D. Scjkora. PE Michael A. Jansen, PE/SF Ronald A. Balmer, PE/SF John M. Tranmer, PLS Ti mothy 1. Tranel, PE John F. Wandsnidcr, PE Julie P. Necbcl, PE James P. Kaune, PE Thomas J. Oster, Pl.S Wray A Childers, PLS Geoffry 'f. Blandin. PE Mark C. Jobgen, PE Civil Engineering Structural Engineering Environmental Engineering Municipal Engineering Transportation Engineering Architectural Engineering Land Surveying Quality Control Testing Cicotcchnical Engineering 4]55 Pennsylvania Avenue Dubuque, Iowa 52002-262R (563) 556-2464 (563) 556-781 I fax www.iiwellgu:om 'Waterworks Park Phase 2 Construction Proposal for Construction Services Page 2 of6 . Culvert and Standard Bridge Design . Non-Standard Non-Steel Bridge Design . Traffic Operations Design, Rail Design . Highway Roadway Construction . Bridge Construction . Runway and Related Airport Construction . Railway Construction, Building Construction . Traffic Operations Studies . Land Surveying . Engineering Surveying . Hydraulic and Hydrologic Studies . Materials Testing . Bridge Inspection and Analysis . Regulated Material Investigation and Remediation Services . Sanitary Engineering Attached documentation shows verification of our pre-qualification in Bicycle and Pedestrian Transportation Planning, Highway Roadway Construction, Bridge Construction, and Materials Testing. Staffing and Certifications The Iowa DOT is currently sending out updated certification cards. Attached is a photocopy of Tim O'Brien's card showing his certifications, all of which have been renewed to expire in 12/31/2007. These certifications give Mr. O'Brien the qualifications to provide concrete testing as well as asphalt plant monitoring, and concrete plant monitoring. In addition Dan Schlueter, Mike Davis, and Todd Peckosh with our office have concrete testing certifications that allow the on site testing of the concrete. They are waiting for their certifications cards to be issued. According to the DOT their certification numbers are as follows: Mike - EC248, Todd - EC252 and Dan -ECI43. Complete at least one successful IDOT audit of construction record keeping Since joining IIW in 1998, Julie Neebel has completed construction management and record keeping through lOOT audit for E. Platt Street Trail in Maquoketa and W. Platt Street Trail in Maquoketa. She performed the construction follow-up of paperwork and certification collection to complete documentation and take the paperwork through audit for Peosta Street in Peosta, and Summit Street Trail in Maquoketa. Julie assisted the City of Dubuque with record keeping and conducted a pre-audit with City of Dubuque staff for Manson Road Bridge. Julie is currently involved in construction management in preparation for an lOOT audit of 6th Ave in DeWitt. In addition, IIW has provided the City of Dubuque services related to the material testing and paperwork associated with Iowa DOT funded jobs for Bell Street. Estimate of Number of Hours for each task and per hour rate for the person performing the task A spreadsheet is attached that shows tasks, staff type and anticipated personnel, and anticipated hours for each task. Providing project oversight will be Dennis Waugh, P.E., S.E. Project Manager will be Julie Neebel, P.E., she will be responsible for change orders, and review of payment requests, signing daily working reports and other documentation that requires a licensed engineer signature. Todd Peckosh, E.!., will provide assistance to Julie. Material testing will be conducted by one of the certified people listed above. A fourth year engineering intern (who will graduate from Platteville in December) will provide day to day inspection quantity inspection and measurement. Other costs added to the fee Hourly rates on the spreadsheet include miscellaneous expenses such as printing, telephone, postage, mileage, computer expenses, and supplies. These costs will not be mvoiced as reimbursable expenses. 'Waterworks Park Phase 2 Construction Proposal for Construction Services Page 3 of6 Costs of cylinder breaking for strength testing will be added to the fee, the cost per cylinder or beam is $15.00. Depending on what element the concrete is being used to construct will dictate the type of test (beam or cylinder) that is needed. The City would only be charged for the actual number of cylinders or beams tested. SCOPE OF SERVICES The following list of services will be provided by or under the direct personal supervision of a Professional Engineer licensed to practice in the State ofIowa. Services During Construction 1. General project management and coordination with contractor, designer, and City. Act as City representative. 2. Prepare documentation as required by the Iowa Department of Transportation for tracking of items incorporated into the project and measurement of such items. 3. Conduct preconstruction meeting, prepare and distribute meeting notes. 4. Identify and prepare documentation for Plan Quantity Agreement items. 5. Prepare daily reports. 6. Prepare weekly working day reports and distribute to contractor and DOT. 7. Inspection of contractor's bulletin board for required notices/posters. 8. Sheet pile driving inspection 9. Collect material certifications such as piping, stone tickets, etc. 10. Performing concrete testing and inspection for concrete (at least one test per day every day concrete is being placed.) Includes Concrete Plant Monitoring. 11. Inspection of railing installation, electrical installation, and water line installation. 12. Hot Mix Asphalt in place inspection and plant monitoring as required by the Iowa Department of Transportation. 13. Measure in place quantities and document in item record accounts in preparation for DOT audit. 14. Prepare payment requests (assumes one monthly, 8 total). IS. Prepare change orders in DOT format (assumes 2 total). 16. Perform internal pre-audit and project close out. 17. Host DOT audit and respond to questions, amend documentation as requested. OWNER'S RESPONSIBILITIES The Owner shall do the following in a timely manner so as not to delay the services of Engineer: 1. Designate a person to act as Owner's representative with respect to the services to be rendered under this agreement. Such person shall 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. 2. A full size set of contract documents. 3. Provide all criteria and full information as to the Owner's requirements for the project, including design and contract documents to allow verification of conformance with contract requirements. Includes providing any approved shop drawings. EXCLUSIONS FROM PROFESSIONAL SERVICES 'Waterworks Park Phase 2 Construction Proposal for Construction Services Page 4 of6 The following services are not included in this Proposal. IIW can provide proposals for these services if requested: I. Permit application preparation for Notice of Intent for NPDES Coverage Application Form. 2. Engineering design efforts including but not limited to recalculation of quantities prior to placement. 3. Shop drawing review. 4. Retaining wall design. COMPENSATION IIW proposes to complete the services described as Services During Construction, based on hourly rates for an estimated amount of $47,000.00 including the cost of breaking an estimated 120 cylinders or beams. The project will be charged for the time actually spent on the project. PROJECT SCHEDULE It is anticipated that the contractor will begin operations on or before May 22, 2006. Construction close out is not anticipated to occur until June I, 2007. GENERAL TERMS AND CONDITIONS General Terms and Conditions are a part of this Proposal. Please do not hesitate to call if you have any questions. Respectfully, IIW ENGINEERS & SURVEYORS, P.c. ~~ Project Manager If the terms of this contract are acceptable, please sign below and return one copy to our office. Thank you. u" 1. -- i" r .L Date Enclosures The following General Terms and Conditions shall apply to the attached Agreement for Professional Services between IIW Engineers & Surveyors, P.C., herein referred to as the Consultant, and the Client identified in the attached Agreement. GENERAL TERMS AND CONDITIONS The Client shall provide all criteria and full information with regard to his or her requirements for the Project, and shall designate a person to act with authority on his or her behalf with respect to all aspects of the Project. This shall include, but not be limited to, review and approval of design issues in the schematic design phase, design development phase, and contract documents phase. These approvals shall include an authorization to proceed to the next phase. , Iv aterworks Park Phase 2 Construction Proposal for Construction Services Page 5 of6 Services beyond those outlined in the proposal may be required or be required as a result of unforeseen circumstances. The Consultant under terms mutually agreed upon by the Client and the Consultant may provide these services. For the scope of services agreed upon, the Client agrees to pay the Consultant the compensation as stated. Invoices for the Consultant's services shall be submitted, at the Consultant's option, either upon completion of any phase of service or on a monthly basis. Invoices shall be payable when rendered and shall be considered past due if not paid within 30 days after the invoice date. A service charge will be charged at the rate of 1.5% (18% true annual rate) per month or the maximum allowed by law on the then outstanding balance of Past Due accounts. In the event any portion of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. The Consultant shall secure and endeavor to maintain professional liability insurance, commercial general liability insurance, and automobile liability insurance to protect the Consultant from claims for negligence, bodily injury, death, or property damage which may arise out of the performance of the Consultant's services under this Agreement, and from claims under the Worker's Compensation Acts. The Consultant shall, if requested in writing, issue a certificate confirming such insurance to the Client. The Client and the Consultant each agree to indemnify and hold the other harmless, and their respective officers, employees, agents, and representatives, from and against any and all claims, damages, losses and expenses (including reasonable attorney's fees) to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of Client and Consultant, they shall be borne by each party in proportion to its negligence. In recognition of the relative risks, rewards and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by the law, the Consultant's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses rising out of this Agreement, from any cause or causes, shall not exceed the amount of the Consultant's fee or other amount agreed upon. Such causes include, but are not limited to, the Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. The Client and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association effective as of the date of this agreement. All documents including calculations, computer files, drawings, and specifications prepared by the Consultant pursuant to this Agreement are instruments of professional service intended for the one time use in construction of this project. They are and shall remain the property of the Consultant. Any re-use without written approval or adaptation by the Consultant shall be at the Client's sole risk and the Client agrees to indemnify and hold the Consultant harmless from all claims, damages, and expenses, including attorney's fees, arising out of such reuse of documents by the Client and by others acting through the Client. Copies of documents that may be relied upon by the Client are limited to the printed copies (also known as hard copies) that are signed or sealed by the Consultant. Files in electronic media format or text, data, graphic, or of other types that are furnished by the Consultant to the Client are only for convenience of the Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, the Consultant makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the Consultant at the beginning of this project. The delivery of electronic information to Contractors is for the benefit of the Owner for whom the design services have been performed. Nothing in the transfer should be construed to provide any right of the Contractor to rely on the information provided or that the use of the electronic information implies the review and approval by the Design Professional of the information. Electronic information is drawings, data, modeled data, or computational models. It is our professional opinion that this electronic information provides design information current as of the date of its release. Any use of this information is at the sole risk and liability of the user who is also responsible for updating the information to reflect any changes in the design following the preparation date of this information. The transfer ofclectronic information is subject to the approval of the Design Professional. Depending upon the type of information requested, and the format, a fee may be required for acquisition of the data, payable to the Design Professional. Contractors are required to submit a request in writing to the Design Professional indicating the type and format of the information requested. The Design Professional will make a reasonable effort to determine whether or not the information can be provided as requested, and the fee for providing the information. If this Agreement provides for any construction phase services by the Consultant, it is understood that the Contractor, not the Consultant, its agents, employees, or sub-consultants, is responsible for the construction of the project, and that the Consultant is not responsible for the acts or omissions of any contractor, subcontractor, or material supplier; for safety precautions, programs, or enforcement; or for construction means, methods, techniques, sequences, and procedures employed by the Contractor. . VI aterworks Park Phase 2 Construction Proposal for Construction Services Page 6 of6 When included in the Consultant's scope of st':fvices, opinions of probable construction cost are prepared on the basis of the Consultant's experience and qualifications and represent the Consultant's judgment as a professional generally familiar with the industry. However. since the Consultant has no control over the cost of labor, materials, equipment. or services furnished by others; over contractor's methods of determining prices, or over competitive bidding or market conditions, the Consultant cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from the Consultant's opinions of probable construction cost. The Client and the Consultant each binds himself or herself, partners, successors, executors, administrators, asslgns, and legal representative to the other party of this Agreement and to the partners, successors, executors, administrators, assigns, and legal representative of such other party in respect to all covenants, agreements, and obligations of this Agreement. Neither the Client nor the Consultant shall assign, sublet or transfer any rights under or interest in (including but without limitations, monies that may be due or monies that are due) this Agreement, without the written consent of the other, except as stated in the paragraph above, and except to the extent that 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 assigner from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Consultant from employing such independent consultants, associates, and sub-contractors, as he or she may deem appropriate to assist in the performance of services hereunder. It is acknowledged by both parties that the Consultant's scope of services does not include any services related to the presence at the site of asbestos, PCB's, petroleum, hazardous waste, or radioactive materials. The Client acknowledges that the Consultant is performing professional services for the Client and the Consultant is not and shall not be required to become an "arranger", "operator", "generator", or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA). The Client may terminate this Agreement with seven days (7) prior written notice to the Consultant for convenience or cause. The Consultant may terminate this Agreement for cause with seven (7) days prior written notice to the Client. The Client is obligated to pay for all services rendered up to the date the Consultant receives the written notice of intent to terminate. Failure of the Client to make payments when due shall be cause for suspension of services or ultimately termination, unless and until the Consultant has been paid in all full amounts due for services, expenses, and other related charges. This Agreement supersedes all terms and conditions contained on a purchase order typically procuring products. It is understood by both parties upon execution of this agreement that if a purchase order is issued, it is for accounting purposes only. Purchase order terms and conditions are void and are not a part of our agreement. .' . ~.,---,:, * ~~Iowa Department onranSIrOrtatlon ..... This is to certify ,that. TIMOTHY O'BRIEN Highway Division AGG1-12131105 AG$2-12131/05 PCC1-12131105 has successfully met the PCC2-12131105 testing requirements and is PCC3- recognized as a ACC1-12131105 Certified Technician EC144 ACC2- /1 /J'. Prof- ~ Prestress- gpc30377 I_l- ~, " E , z u .!l!, ~ 0- . . ..0 , ! ' 1 1 , 8 811 i8 8 ~ ~ g ~- - N-,"-: N , 0; ~ ~o .... on......... '~ ~ _-'=" I o 0 0 01 "" 0 co _0, N ~ . o ~ , 8 8 ~,8 8 ~ ~. ~!~. ~ '<"'- .... N- ........ ............ o 0 en 0 0 N ril N f;:j :IS I~ o 0 0 0 co N ;e ~ o . 00 ;e ;e !~ o 0 ",I N "" d' o . 81 8 ~.I ~- ~ ~ 8888 O!r- 13!~ N N n!~! ; ~+ 10 :ili gl~ ;; ~, , ~ 1 , o ~ , , ! o 0 ~ cO :- , , 8; f!i '~ ~I I ., ~' I o ,~ 10 ,- I't .. jW u, '=j ~I 2i .' t; c o o o ~ ~ . N '0 . ~ M . ,~ I ~ . . 1l .. " , '" ! , I -, , , -, ----- -r- ;~ 8 ,I: o.ri ,,~ o~ ~ 8 ". i.~ ~~ L~ c::l :g,1 ~ 8 QI~ - ~ OIl:.... .,?jU . N 8 ~M~ , 0: ~ .. c , . :c;:: u" (1)0 ~ 8 sa 000 :l': N ~ M 8 ' h i-lji N 8 0 0 off}"" 15 0 t;C1C; . .. E . 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E ~ -g ~ ~:::ll~i] 51 d .3 :; ~I'e E '" 5 ,;:; i:3 '-" 0. E = ';:; a':::l ~."O '" ~~:~I!]~] E .5;'; ~ <JJ -g .,<;::: ....... one.. E. ~ '(li5 o ,C c >.. '" <1.>' '" 6 ~ --I8.!-5 E'd- ;::: 0. 1:: ~ 0.> c; 0 a:; <( ~; d d !:: 0 ~~ ;j fr fr t; == ::c:: ::: 5.: 5. '5 .E o -" ..[owa DOT Consultant Utilization: Prequalification for Iowa DOT Work Page I of2 16.'~=~ Highway Roadway Construction NAME ADDRESS CITY STATE ZIP EXPIRES Ament, Inc. 5825 Dry Creek Lane NE Cedar Rapids IA 52402 12/31/06 Anderson.Bogert Engineers & 4001 River Ridge Dr. N.E. Cedar Rapids IA 52402 12/31/06 Surveyors, Inc. Batheja & Associates 4822 Dodge Street Omaha NE 68132 12/31/06 Brain Engineering, Inc. 1540 Midland Court NE Cedar Rapids IA 52402 12/31/07 Buesing & Associate, Inc. 1212 Locust Street Dubuque IA 52001 12/31/07 Calhoun-Burns and Associates, Inc. 1801 Fuller Road West Des Moines IA 50265- 12/31/07 65859 0859 Clapsaddle-Garber Associates, Inc. 16 East Main Street Marshalltown la 50158 12/31/06 P.O. Box 754 Crawford Engineering & Surveying, 205 Second Avenue N,E. Independence IA 50644 12/31/06 Inc. P.O. Box 793 DeWild Grant Reckert and Associates 4425 Singing Hills Blvd., Suite 300 Sioux City IA 51106 12/31/07 Company Earth Tech, Inc. 501 Sycamore Street, Suite 222 Waterloo IA 50704 12/31/06 P.O. Box 1497 Engineering Alliance, Inc, 8191 Birchwood Court Johnston IA 50131 12/31/06 Suite E Erdman Engineering, p,c. 708 Commerce Drive Decorah IA 52101 12/31/06 P.O. Box 246 French-Reneker-Associates, Inc. 1501 South Main Fairfield IA 52556 12/31/06 POBox 135 Gibbs Engineering and Surveying 105 West Main Street Manchester IA 52057 12/31/07 PO Box 295 Hanson Professsional Services Inc. 1525 S. Sixth St. Springfield IL 62703- 12/31/07 2886 Hart-Frederick Consultants P.c. 510 E. 5tate Street, PO BOX 560 Tiffin IA 52340 12/31/07 HDR Engineering, Inc. 8404 Indian Hills Drive Omaha NE 68114 12/31/07 HGM Associates Inc 640 Fifth Avenue Council Bluffs la 51502- 12/31/06 919 0919 HNTB Corporation 715 Kirk Drive Kansas City MO 64105 12/31/07 Howard R. Green Company 8710 EARHART LANE SW CEDAR RAPIOS IA 52404 12/31/06 IIW Engineers &. Surveyors, P.C. 4155 Pennsylvania Avenue Dubuque 1A 52002 - 12/31/06 2628 Infrastructure Engineering Inc. 33 West Monroe, Suite 1540 Chicago IL 60603- 12/31/06 5332 Jacobs Civil Inc. 1200 Valley West Drive, Suite 206- West Des Moines IA 50266 12/31/07 13 JEO Consulting Group, Inc. 724 Simon Ave. Carroll IA 51401 12/31/07 JFSCO Engineering, P.c. 608 2nd Street Red Oak IA 51566 12/31/06 P.O. Box 449 Kirkham, Michael, and Associates, 11021 Aurora Avenue Urbandale IA 50322 12/31/07 Ine. Klingner & Associates, P.C./Smith 610 North 4th St, Suite 100 Burlington IA 52601 12/31/06 Engineering KRUSE, CATE & NELSON, P.c. 1801 Highway Blvd Spencer IA 51301 12/31/07 Kuehl & Payer, Ltd. 1725 N Lake Ave Storm Lake IA 50588 12/31/06 https:llsecure.spindustry . com/i do tl aspl securc/preq uall consul t. asp 'ICate gory I D=221 5/1912006 .Iowa DOT Consultant Utilization: Prequalification for Iowa DOT Work Page I of2 , 'I;~ h)Wa~=l ... Of Transpo. tatIOn . Consultant Utilization ~ ~ Bridge Construction NAME ADDRESS CITY STATE ZIP EXPIRES Ament, Inc. 5825 Dry Creek Lane NE Cedar Rapids IA 52402 12(31(06 Anderson-Bogert Engineers & 4001 River Ridge Dr. N.E. Cedar Rapids IA 52402 12(31(06 Surveyors, loc. Batheja & Associates 4822 Dodge Street Omaha NE 68132 12(31(06 Brain Engineering, Inc. 1540 Midland Court NE Cedar Rapids IA 52402 12(31(07 Buesing & Associate, Inc. 1212 Locust Street Dubuque IA 52001 12(31(07 Calhoun-Burns and Associates, Inc. 1801 Fuller Road West Des Moines IA 50265- 12(31(07 65859 0859 Clapsaddle-Garber Associates, Inc. 16 East Main Street Marshalltown Ia 50158 12(31(06 P.O. Box 754 Crawford Engineering & Surveying, 205 Second Avenue N.E. Independence IA 50644 12(31(06 Inc. P.O. Box 793 Earth Tech, Inc. 501 Sycamore Street, Suite 222 Waterloo IA 50704 12(31(06 P.O. Box 1497 Erdman Engineering, P.c. 708 Commerce Drive Decorah IA 52101 12(31(06 P.O. Box 246 French-Reneker-Associates, Inc. 1501 South Main Fairfield IA 52556 12(31(06 POBox 135 Hanson Professsional Services Inc. 1525 5. Sixth 5t. Springfield IL 62703- 12(31(07 2886 Hart-Frederick Consultants P.c. 510 E. State 5treet, PO BOX 560 Tiffin IA 52340 12(31(07 HDR Engineering, Inc. 8404 Indian Hills Drive Omaha NE 68114 12(31(07 HGM Associates Inc 640 Fifth Avenue Council Bluffs Ia 51502- 12(31(06 919 0919 HNTB Corporation 715 Kirk Drive Kansas City MO 64105 12(31(07 Howard R. Green Company 8710 EARHART LANE 5W CEDAR RAPID5 IA 52404 12(31(06 IIW Engineers & Surveyors, P.C. 4155 Pennsylvania Avenue Dubuque IA 52002- 12(31(06 2628 Infrastructure Engineering Inc. 33 West Monroe, Suite 1540 Chicago IL 60603- 12(31(06 5332 Jacobs Civil Inc. 1200 Valley West Drive, Suite 206- West Des Moines IA 50266 12(31(07 13 JEO Consulting Group, Inc. 724 Simon Ave. Carroll IA 51401 12(31(07 JFSCO Engineering, P.c. 608 2nd Street Red Oak IA 51566 12(31/06 P.O. Box 449 Kirkham, Michael, and Associates, 11021 Aurora Avenue Urbandale IA 50322 12(31(07 Inc. Klingner & Associates, P.C./Smith 610 North 4th St, Suite 100 Burlington IA 52601 12(31(06 Engineering KTA- TATaR. INC. 115 Technology Drive Pittsburgh PA 15275 12(31(07 Kuehl & Payer, Ltd. 1725 N Lake Ave Storm Lake IA 50588 12(31(06 POBox 458 McClure Engineering Associates, Inc. 4700 Kennedy Drive East Moline IL 61244 12(31(07 MER Engineering 109 Regency West Court Fort Dodge IA 50501 12(31(06 Michael Baker Jr., Inc. 801 West Adams Street, Suite 600 Chicago IL 60607 12(31(06 Missman, Stanley & Associates, P.c. 2415 18th Street, STE 203 Bettendorf IA 52722 12(31(06 https://secure.spindustry . com/idotl aspl sec ure/preq ual/ consul t. asp ?Category I D=222 5/19/2006 ..Iowa DOT Consultant Utilization: Prequalification for Iowa DOT Work Page I of I .' le~~==J Consultant Utilization ~ ~ Materials Testing NAME ADDRESS CITY STATE ZIP EXPIRES Allender Butzke Engineers Jne. 3660 109th Street Urbandale IA 50322 12/31/06 Crawford Engineering & Surveying, 205 Second Avenue N.E. Independence IA 50644 12/31/06 Ine. P.O. Box 793 Geotechnical Services, Ine. 2853 99th Street Des Moines IA 50322- 12/31/06 3858 HWS Consulting Group Inc. 10844 Old Mill Road, Suite 1 Omaha NE 68154 12/31/07 IlW Engineers & Surveyors, P.C. 4155 Pennsylvania Avenue Dubuque IA 52002- 12/31/06 2628 Kleinfelder, Inc. 9312 G Court Omaha NE 68127 12/31/07 Maxim Technologies 2213 LaPorte Road Waterloo IA 50702 12/31/07 Missman, Stanley & Associates, P.c. 2415 18th Street, 5TE 203 Bettendorf IA 52722 12/31/06 Olsson Associates 600 Fourth Street, Suite 333 Sioux City IA 51102 12/31/07 PO Box 6000 Schlotfeldt Engineering, Inc. 1440 Second Street Webster City IA 50595 12/31/06 220 Shive-Hattery I Inc. 201 Third Ave. SE, Ste. 500 Cedar Rapids IA 52406- 12/31/06 1803 1803 TEAM Services, Inc. 333-H SW 9th Street Des Moines IA 50309 12/31/07 Terracon Consultants, Inc. 600 SW 7th Street, Suite M Des Moines IA 50309 12/31/07 NAME ADDRESS CITY STATE ZIP EXPIRES I This, and the following pages, are maintained by the Consultant Coordinator, Jason Holst. He is located in the Iowa DOT I Central Complex at 800 Lincoln Way, Ames, Iowa, 50010. Contact references: Telephone number: (515) 239-1571, Fax number: (515) 239-1873, E-mail Jason.Holst@dot.iowa.gov https:llsecure.spindustry.com/idot/asp/secure/preq ual/ consul 1. asp 'JCategory 10= 324 5/19/2006 . Iowa DOT Consultant Utilization: Prequalitication for Iowa DOT Work Page I of2 .. le~:=l Bicycle and Pedestrian Transportation Planning NAME ADDRESS CITY STATE ZIP EXPIRES Ament, Inc. 5825 Dry Creek Lane NE Cedar Rapids IA 52402 12/31/06 Anderson-Bogert Engineers & 4001 River Ridge Dr. N.E. Cedar Rapids IA 52402 12/31/06 Surveyors, Inc. Clapsaddle-Garber Associates, Inc. 16 East Main Street Marshalltown Ia 50158 12/31/06 P.O. Box 754 Dunbar/Jones PLC 104 SW 4th Street Des Moines IA 50309- 12/31/06 4746 Earth Tech, Inc. 501 Sycamore Street, Suite 222 Waterloo IA 50704 12/31/06 P.O. Box 1497 Flenker Land Architecture 29476 240th Avenue Long Grove IA 52756 12/31/06 Consultants Foth & Van Dyke and Associates, 2737 S. Ridge Road Green Bay WI 54307- 12/31/06 Inc. P.O. Box 19012 9012 Gibbs Engineering and Surveying 105 West Main Street Manchester IA 52057 12/31/07 PO Box 295 Hanson Professsional Services Inc. 1525 S. Sixth St. Springfield IL 62703- 12/31/07 2886 HDR Engineering, Inc. 8404 Indian Hills Drive Omaha NE 68114 12/31/07 HNTB Corporation 715 Kirk Drive Kansas City MO 64105 12/31/07 IIW Engineers & Surveyors, P.C. 4155 Pennsylvania Avenue Dubuque IA 52002 - 12/31/06 2628 Jacobs Civil Inc. 1200 Valley West Drive, Suite 206- West Des Moines IA 50266 12/31/07 13 JEO Consulting Group, Inc. 724 Simon Ave. Carroll IA 51401 12/31/07 Kirkham, Michael, and Associates, 11021 Aurora Avenue Urbandale IA 50322 12/31/07 Inc. McClure Engineering Associates, Inc. 4700 Kennedy Drive East Moline IL 61244 12/31/07 Mead & Hunt, Inc. 6501 Watts Road Madison WI 53719 12/31/06 MSA Professional Services, Inc. 1605 Associates Drive, Suite 102 Dubuque IA 52002 12/31/06 Parsons Brinckerhoff Quade & 230 West Monroe Street, Suite 900 Chicago IL 60606- 12/31/07 Douglas, Inc. 4701 Raymond Professional Group, Inc. 1222 East 37th Street Davenport IA 52807 12/31/06 RDG Planning & Design 301 Grand Des Moines IA 50309 12/31/07 Shive-Hattery, Inc. 201 Third Ave. SE, Ste. 500 Cedar Rapids IA 52406- 12/31/06 1803 1803 Shoemaker Consulting Engineers 160 Holiday Road Coralville IA 52241 12/31/07 Snyder & Associates, Inc. 2727 SW Snyder Blvd Ankeny IA 50023 12/31/07 P.O. Box 1159 The Schemmer Associates Inc. 928 Valley View Drive, Suite 12 Council Bluffs IA 51503- 12/31/07 5288 WHKS & Co. 1412 6th Street SW Mason City IA 50402- 12/31/06 P.O. Box 1467 1467 Wilbur Smith Associates 235 SW Noel Street Lee Summit MO 64063- 12/31/06 2242 NAME ADDRESS CITY STATE ZIP EXPIRES https:llsecure.spindustry.comlidot/asp/seeure/preq uall consult .asp ?Category ID= 161 5/19/2006 . May 19, 2006 Mr. Gil Spence City of Dubuque Leisure Services Department 2200 Bunker Hill Rd. Dubuque,IA 52001 Re: Proposal for Professional Services Waterworks Park, Phase 2 Construction IIW Project No: Proposal 06000 Dear Gil: IIW Engineers & Surveyors, P.e. appreciates the opportunity to submit this Proposal for professional services for the above-referenced project. IIW is a multi-discipline consulting firm that has provided professional services ranging from concept through construction on hundreds of projects. IIW is experienced in providing construction services to local municipalities to allow conformance with DOT funding requirements and reimbursement of enhancement funds. This Proposal has been divided into the following sections to describe the services proposed: PROJECT DESCRIPTION This project consists of providing construction observation, material testing, construction documentation and quantity measurement for the Iowa DOT let HMA Trail and Landscaping for the Waterworks Park Phase 2 Construction, referred to as NR T- NT06(9}--9G-31. Services would include verification of conformance with contract documents, project coordination, material testing and measurement to allow reimbursement by the Iowa Department of Transportation. The Iowa Department of Transportation requires a Licensed Professional Engineer to sign weekly working day reports, change orders, and other documentation. The construction contract has been identified as a 130 day working contract with a late start date of 5/22/06 and a 20 working day contract for site 02 with a late start date of 4/02/07. The contractor, Portzen Construction, anticipates providing certified plant inspection as a part of the concrete bid items, which means IIW will provide Certified Plant Monitoring. Portzen Construction indicates they believe the working days required will be closer to 80, plus the time to do planting, rather than the total of 150 working days indicated. The scope of services is to provide inspection sufficient to monitor construction activities that are to be in conformance with Iowa DOT requirements, not full time inspection. A more detailed scope of services follows. QUALIFICATIONS Prequalified with IDOT Weare prequalified to provide engineering services in the following areas with the Iowa DOT: . Location Studies . Bicycle and Pedestrian Transportation Planning . Airport Design . Highway Design - Minor Facility IIW Engineers & Surveyors. P C Dubuque, L\ Ha/.el (irccn, vVl !/I/lFGR/f r 1~-.\PFRflS'F, sou ino:v>, ,..-'2 ~ '-~'\ ~r' \ (\--ntzJ-- ... \ ' , I '( I '7 \ '1J/ Dennis F. Waugh, PElSE Charles A. Cate, PE Crary D. Sejkora. PE Michael A. Jansen, PE/SE Ronald A. Balmer, PE/SE John M. Tranmer, PLS rimothy J. Trancl, PE John F. Wandsnidcr, PE Julie P. Neebel, PE James P. Kaune, PE Thomas J. Oster, PLS Wray A. Childers, PLS GcotTry T. Blandin. PE Mark C. Jobgen, PE Civil Engineering Structural Engineering Environmental Engineering Municipal Engineering Transportation Engineering Architectural Engineering Land Surveying Quality Control Testing Geotechnical Engineering 4155 Pennsylvania Avenue Dubuque, Iowa 52002-2628 (563) 556-2464 (563) 556-7811 fax w\'i\v,ii\'iel1gr.com , Waterworks Park Phase 2 Construction Proposal for Construction Services Page 2 of6 . Culvert and Standard Bridge Design . Non-Standard Non-Steel Bridge Design . Traffic Operations Design, Rail Design . Highway Roadway Construction . Bridge Construction . Runway and Related Airport Construction . Railway Construction, Building Construction . Traffic Operations Studies . Land Surveying . Engineering Surveying . Hydraulic and Hydrologic Studies . Materials Testing . Bridge Inspection and Analysis . Regulated Material Investigation and Remediation Services . Sanitary Engineering Attached documentation shows verification of our pre-qualification in Bicycle and Pedestrian Transportation Planning, Highway Roadway Construction, Bridge Construction, and Materials Testing. Staffing and Certifications The Iowa DOT is currently sending out updated certification cards. Attached is a photocopy of Tim O'Brien's card showing his certifications, all of which have been renewed to expire in 12/31/2007. These certifications give Mr. O'Brien the qualifications to provide concrete testing as well as asphalt plant monitoring, and concrete plant monitoring, In addition Dan Schlueter, Mike Davis, and Todd Peckosh with our office have concrete testing certifications that allow the on site testing of the concrete. They are waiting for their certifications cards to be issued. According to the DOT their certification numbers are as follows: Mike - EC248, Todd - EC252 and Dan -ECI43. Complete at least one successful [DOT audit of construction record keeping Since joining IIW in 1998, Julie Neebel has completed construction management and record keeping through lOOT audit for E. Platt Street Trail in Maquoketa and W. Platt Street Trail in Maquoketa. She performed the construction follow-up of paperwork and certification collection to complete documentation and take the paperwork through audit for Peosta Street in Peosta, and Summit Street Trail in Maquoketa. Julie assisted the City of Dubuque with record keeping and conducted a pre-audit with City of Dubuque staff for Manson Road Bridge. Julie is currently involved in construction management in preparation for an lOOT audit of 6th Ave in DeWitt. In addition, IIW has provided the City of Dubuque services related to the material testing and paperwork associated with Iowa DOT funded jobs for Bell Street. Estimate of Number of Hours for each task and per hour rate for the person performing the task A spreadsheet is attached that shows tasks, staff type and anticipated personnel, and anticipated hours for each task. Providing project oversight will be Dennis Waugh, P.E., S.E. Project Manager will be Julie Neebel, P.E., she will be responsible for change orders, and review of payment requests, signing daily working reports and other documentation that requires a licensed engineer signature. Todd Peckosh, E.I., will provide assistance to Julie. Material testing will be conducted by one of the certified people listed above. A fourth year engineering intern (who will graduate from Platteville in December) will provide day to day inspection quantity inspection and measurement. Other costs added to the fee Hourly rates on the spreadsheet include miscellaneous expenses such as printing, telephone, postage, mileage, computer expenses, and supplies. These costs will not be invoiced as reimbursable expenses. , Waterworks Park Phase 2 Construction Proposal for Construction Services Page 3 of6 Costs of cylinder breaking for strength testing will be added to the fee, the cost per cylinder or beam is $15,00, Depending on what element the concrete is being used to construct will dictate the type of test (beam or cylinder) that is needed, The City would only be charged for the actual number of cylinders or beams tested. SCOPE OF SERVICES The following list of services will be provided by or under the direct personal supervision of a Professional Engineer licensed to practice in the State ofIowa. Services During Construction 1. General project management and coordination with contractor, designer, and City. Act as City representative. 2. Prepare documentation as required by the Iowa Department of Transportation for tracking of items incorporated into the project and measurement of such items. 3, Conduct preconstruction meeting, prepare and distribute meeting notes. 4. Identify and prepare documentation for Plan Quantity Agreement items. 5. Prepare daily reports, 6. Prepare weekly working day reports and distribute to contractor and DOT, 7. Inspection of contractor's bulletin board for required notices/posters. 8. Sheet pile driving inspection 9. Collect material certifications such as piping, stone tickets, etc. 10. Performing concrete testing and inspection for concrete (at least one test per day every day concrete is being placed,) Includes Concrete Plant Monitoring, II. Inspection of railing installation, electrical installation, and water line installation. 12. Hot Mix Asphalt in place inspection and plant monitoring as required by the Iowa Department of Transportation. 13. Measure in place quantities and document in item record accounts in preparation for DOT audit. 14. Prepare payment requests (assumes one monthly, 8 total). 15, Prepare change orders in DOT format (assumes 2 total). 16. Perform internal pre-audit and project close out. 17. Host DOT audit and respond to questions, amend documentation as requested. OWNER'S RESPONSIBILITIES The Owner shall do the following in a timely manner so as not to delay the services of Engineer: I. Designate a person to act as Owner's representative with respect to the services to be rendered under this agreement. Such person shall 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. 2, A full size set of contract documents, 3. Provide all criteria and full information as to the Owner's requirements for the project, including design and contract documents to allow verification of conformance with contract requirements, Includes providing any approved shop drawings. EXCLUSIONS FROM PROFESSIONAL SERVICES , Waterworks Park Phase 2 Construction Proposal for Construction Services Page 4 of6 The following services are not included in this Proposal. IIW can provide proposals for these services if requested: I. Permit application preparation for Notice of Intent for NPDES Coverage Application Form. 2. Engineering design efforts including but not limited to recalculation of quantities prior to placement. 3. Shop drawing review. 4. Retaining wall design. COMPENSATION IIW proposes to complete the services described as Services During Construction, based on hourly rates for an estimated amount of $47,000,00 including the cost of breaking an estimated 120 cylinders or beams. The project will be charged for the time actually spent on the project. PROJECT SCHEDULE It is anticipated that the contractor will begin operations on or before May 22, 2006. Construction close out is not anticipated to occur until June 1,2007. GENERAL TERMS AND CONDITIONS General Terms and Conditions are a part of this Proposal. Please do not hesitate to call if you have any questions. Respectfully, IIW ENGINEERS & SURVEYORS, P.c. c:1::~ Project Manager If the terms of this contract are acceptable, please sign below and return one copy to our office. Thank you. CJ [J r ~_t, LeiEi'}fj ~ il ~ Y_.t'_~L~_nt. Date Enclosures The following General Terms and Conditions shall apply to the attached Agreement for Professional Services between IIW Engineers & Surveyors, P.C., herein referred to as the Consultant, and the Client identified in the attached Agreement. GENERAL TERMS AND CONDITIONS The Client shall provide all criteria and full information with regard to his or her requirements for the Project, and shall designate a person to act with authority on his or her behalf with respect to all aspects of the Project. This shall include, but not be limited to, review and approval of design issues in the schematic design phase, design development phase, and contract documents phase. These approvals shall include an authorization to proceed to the next phase. , Waterworks Park Phase 2 Construction Proposal for Construction Services Page 5 of6 Services beyond those outlined in the proposal may be required or be required as a result of unforeseen circumstances. The Consultant under terms mutually agreed upon by the Client and the Consultant may provide these services. For the scope of services agreed upon, the Client agrees to pay the Consultant the compensation as stated. Invoices for the Consultant's services shall be submitted, at the Consultant's option, either upon completion of any phase of service or on a monthly basis. Invoices shall be payable when rendered and shall be considered past due if not paid within 30 days after the invoice date. A service charge will be charged at the rate of 1.5% (18% true annual rate) per month or the maximum allowed by law on the then outstanding balance of Past Due accounts. In the event any portion of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. The Consultant shall secure and endeavor to maintain professional liability insurance, commercial general liability insurance, and automobile liability insurance to protect the Consultant from claims for negligence, bodily injury, death, or property damage which may arise out of the performance of the Consultant's services under this Agreement, and from claims under the Worker's Compensation Acts. The Consultant shall, if requested in writing, issue a certificate confirming such insurance to the Client. The Client and the Consultant each agree to indemnify and hold the other harmless, and their respective officers, employees, agents, and representatives, from and against any and all claims, damages, losses and expenses (including reasonable attorney's fees) to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of Client and Consultant, they shall be borne by each party in proportion to its negligence. In recognition of the relative risks, rewards and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by the law, the Consultant's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses rising out of this Agreement, from any cause or causes, shall not exceed the amount of the Consultant's fee or other amount agreed upon. Such causes include, but are not limited to, the Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. The Client and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association effective as of the date of this agreement. All documents including calculations, computer files, drawings, and specifications prepared by the Consultant pursuant to this Agreement are instruments of professional service intended for the one time use in construction of this project. They are and shall remain the property of the Consultant. Any re-use without written approval or adaptation by the Consultant shall be at the Client's sole risk and the Client agrees to indemnify and hold the Consultant harmless from all claims, damages, and expenses, including attorney's fees, arising out of such reuse of documents by the Client and by others acting through the Client. Copies of documents that may be relied upon by the Client are limited to the printed copies (also known as hard copies) that are signed or sealed by the Consultant. Files in electronic media format or text, data, graphic, or of other types that are furnished by the Consultant to the Client are only for convenience of the Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, the Consultant makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the Consultant at the beginning of this project. The delivery of electronic information to Contractors is for the benefit of the Owner for whom the design services have been performed. Nothing in the transfer should be construed to provide any right of the Contractor to rely on the information provided or that the use of the electronic information implies the review and approval by the Design Professional of the information. Electronic information is drawings, data, modeled data, or computational models. It is our professional opinion that this electronic information provides design information current as of the date of its release. Any use of this information is at the sole risk and liability of the user who is also responsible for updating the information to reflect any changes in the design following the preparation date of this information. The transfer of electronic information is subject to the approval of the Design Professional. Depending upon the type of information requested, and the format, a fee may be required for acquisition of the data, payable to the Design Professional. Contractors are required to submit a request in writing to the Design Professional indicating the type and format of the information requested. The Design Professional will make a reasonable effort to determine whether or not the information can be provided as requested, and the fee for providing the information. If this Agreement provides for any construction phase services by the Consultant, it is understood that the Contractor, not the Consultant, its agents, employees, or sub-consultants, is responsible for the construction of the project, and that the Consultant is not responsible for the acts or omissions of any contractor, subcontractor, or material supplier; for safety precautions, programs, or enforcement; or for construction means, methods, techniques, sequences, and procedures employed by the Contractor . Waterworks Park Phase 2 Construction Proposal for Construction Services Page6of6 When included in the Consultant's scope of services, opinions of probable construction cost are prepared on the basis of the Consultant's experience and qualifications and represent the Consultant's judgment as a professional generally familiar with the industry. However, since the Consultant has no control over the cost of labor, materials, equipment, or services furnished by others; over contractor's methods of determining prices, or over competitive bidding or market conditions, the Consultant cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from the Consultant's opinions ofprohable construction cost. The Client and the Consultant each binds himself or herself, partners, successors, executors, administrators, assigns, and legal representative to the other party of this Agreement and to the partners, successors, executors, administrators, assigns, and legal representative of such other party in respect to all covenants, agreements, and obligations of this Agreement. Neither the Client nor the Consultant shall assign, sublet or transfer any rights under or interest in (including but without limitations, monies that may be due or monies that are due) this Agreement, without the written consent of the other, except as stated in the paragraph above, and except to the extent that 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 assigner from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Consultant from employing such independent consultants, associates, and sub-contractors, as he or she may deem appropriate to assist in the performance of services hereunder. It is acknowledged by both parties that the Consultant's scope of services does not include any services related to the presence at the site of asbestos, PCB's, petroleum, hazardous waste, or radioactive materials. The Client acknowledges that the Consultant is performing professional services for the Client and the Consultant is not and shall not be required to become an "arranger", "operator", "generator", or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA). The Client may terminate this Agreement with seven days (7) prior written notice to the Consultant for convenience or cause. The Consultant may terminate this Agreement for cause with seven (7) days prior written notice to the Client. The Client is obligated to pay for all services rendered up to the date the Consultant receives the written notice of intent to terminate. Failure of the Client to make payments when due shall be cause for suspension of services or ultimately termination, unless and until the Consultant has been paid in all full amounts due for services, expenses, and other related charges. This Agreement supersedes all terms and conditions contained on a purchase order typically procuring products. It is understood by both parties upon execution of this agreement that if a purchase order is issued, it is for accounting purposes only. Purchase order terms and conditions are void and are not a part of our agreement. ,/;-;..-.,..,-, -"'_'._..--',~"-_._.',..i . ~owa DepartmentOflF3~oi1 ..... This is to certify that TJMOTHY O'BRtEN Highway Division AGG1-12131105 AG(;2-12J31185 PCe1-12131105 has successfuUy met the PCC2-12131105 testing requirements and is PCC3- recognized as a ACC1-12131J05 Certified Technician EC144 ACC2- /1 /") _ Prof. ~ p-~- '1 gpc30377 c o t; 2 " c ' o ' o ~ N ---L _~: 5. ~ I' g ~ d: -g ~ ~ lV j ~ n... &-g '" .!1 _...5I<1l :5 '- to ::I"""'.;::; H~'~l~:~b ~:;;(jHIL ;;; ~I' i III I II I , ' . I 1 ! , I ----;---i , ~I E , ZI ~i.. .- . 0- .. "-" , I ~I~I ~,~ 'c,';:;: o 0 . . . . ~!~ 0'0 .~i.~' 0..0.. : 1 1- r8 8 8 " 0 ~ ~ ~'" 8 8 U - '" ~. ~il~ ....; r-- 0 ....' '<t '" :.-'!",- 81888 ~I~I g ~ N' N .,.:: , , , ....,....1...... ...:.......1... 1---~ -~ O'ODOO~OOOr-- ~:;';;;~cOio~oSl , 8 ~18: 8 ~ $.! ~I ~ N "":,"': r-: "".":' o 0,0 '!J gj ~ , --. . --t- r-- ~-I-1- --- i o 0 '" g ~ 000 s:i co ..; o 0 . " _ N , o. l<;l; i q: ~, .' 1 , o 0 ~ . i 8 8 . o ~ 0; ;0 " ~! "'O! c c:, ;~ ~. 0' . f i ~I I~! I~! I g: o U, ,@ 1 I I.... I I " I ' :j , ~ ~ ~ . 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I --l---tT t !I~ 11- , I II I"~ ~ o E c<S - ,ME E E-' .::.: ~ 0 <8 ~ 0' Cl 01':::: ~ <l.l a~E~8] 0: t 8. ~I a -- ~ 15 u E -01 ~ HIHI!I "l s 8., ~ t: ~ 5 o 11.> 0 1l.l > -0 ] ~I~ g;g ;; fr ~ '@ gf ~ _~ l5..:: 0.;;: U ~, ~.g, ~ ii ~ 2 "I;.t 0 ~ 8 ~ 5. ~ ~ u ~ jL~:fr~~ ;d ..0:: I ~ i ::: 0;; u 8 . N 8 -gM~ , "" , .' $; u < , . ~:g <nO , . M 8 {; N . ~ ~ ~.~ 0 t~!~ ~ u a. M 8 0 0 Cii if III ~ ~ ~ ~ . ~ . z 0; c ~ -. u' :g B o ~ " o o '" -. c o ~ E HI~ I illl! I. C),t: 1::' r~'~ ~, eEl::' Ed' 0.... tJ s:: - ,,~.~ g g 2-: 5 e g, 2 t!: ~ ~-olt\ ~I " ~U' ~ 10<=: ->< Cl. ;>-,1 i{l iili ~: e 'a I t-('),P-.'P.-oI . Iowa DOT Consultant Utilization: Prequalification for Iowa DOT Work Page I of2 1:..... IOwa Department ~Of TransportatIOn Bicycle and Pedestrian Transportation Planning NAME ADDRESS CITY STATE ZIP EXPIRES Ament, Inc. 5825 Dry Creek Lane NE Cedar Rapids IA 52402 12/31/06 Anderson-Bogert Engineers & 4001 River Ridge Dr. N.E. Cedar Rapids IA 52402 12/31/06 Surveyors, Inc. Clapsaddle-Garber Associates, Inc. 16 East Main Street Marshalltown Ia 50158 12/31/06 P.O. Box 754 Dunbar/Jones PLC 104 SW 4th Street Des Moines IA 50309- 12/31/06 4746 Earth Tech, Inc. 501 Sycamore Street, Suite 222 Waterloo IA 50704 12/31/06 P.O. Box 1497 Flenker land Architecture 29476 240th Avenue Long Grove IA 52756 12/31/06 Consultants Foth & Van Dyke and Associates, 2737 S. Ridge Road Green Bay WI 54307 - 12/31/06 Inc. P.O. Box 19012 9012 Gibbs Engineering and Surveying 105 West Main Street Manchester IA 52057 12/31/07 PO Box 295 Hanson Professsional Services Inc. 1525 S. Sixth St. Springfield Il 62703- 12/31/07 2886 HDR Engineering, Inc. 8404 Indian Hills Drive Omaha NE 68114 12/31/07 HNTB Corporation 715 Kirk Drive Kansas City MO 64105 12/31/07 IIW Engineers & Surveyors, P.C. 4155 Pennsylvania Avenue Dubuque IA 52002- 12/31/06 2628 Jacobs Civil Ine. 1200 Valley West Drive, Suite 206~ West Des Moines IA 50266 12/31/07 13 JEO Consulting Group, Inc. 724 Simon Ave. Carroll IA 51401 12/31/07 Kirkham, Michael, and Associates, 11021 Aurora Avenue Urbandale IA 50322 12/31/07 Inc. McClure Engineering Associates, Inc. 4700 Kennedy Drive East Moline Il 61244 12/31/07 Mead & Hunt, Inc. 6501 Watts Road Madison WI 53719 12/31/06 MSA Professional Services, Inc. 1605 Associates Drive, Suite 102 Dubuque IA 52002 12/31/06 Parsons Brinckerhoff Quade & 230 West Monroe Street, Suite 900 Chicago Il 60606- 12/31/07 Douglas, Inc. 4701 Raymond Professional Group, Inc. 1222 East 37th Street Davenport IA 52807 12/31/06 RDG Planning & Design 301 Grand Des Moines IA 50309 12/31/07 Shive~Hattery, Inc. 201 Third Ave. SE, Ste. 500 Cedar Rapids IA 52406- 12/31/06 1803 1803 Shoemaker Consulting Engineers 160 Holiday Road Coralville IA 52241 12/31/07 Snyder & Associates, Inc. 2727 SW Snyder Blvd Ankeny IA 50023 12/31/07 P.O. Box 1159 The Schemmer Associates Ine. 928 Valley View Drive, Suite 12 Council Bluffs IA 51503- 12/31/07 5288 WHKS & Co. 1412 6th Street SW Mason City IA 50402- 12/31/06 P.O. Box 1467 1467 Wilbur Smith Associates 235 SW Noel Street Lee Summit MO 64063- 12/31/06 2242 NAME ADDRESS CITY STATE ZIP EXPIRES https:/ /secure.spindustry .com/idot/asp/secure/preqllallconSlllt.asp ?Catcgory ID= 161 5119/2006 . Iowa DOT Consultant Utilization: Prequalification for Iowa DOT Work Page I of 1 I.a,' Iowa Department "'Of Transportation ~ Materials Testing NAME ADDRESS CITY STATE ZIP EXPIRES Allender Butzke Engineers Inc. 3660 109th Street UrbandaJe IA 50322 12/31/06 Crawford Engineering & Surveying, 205 Second Avenue N.E. Independence IA 50644 12/31/06 Inc. P.O. Box 793 Geotechnical Services, Inc. 2853 99th Street Des Moines IA 50322- 12/31/06 3858 HWS Consulting Group Inc. 10844 Old Mill Road, Suite 1 Oma ha NE 681S4 12/31/07 IIW Engineers & Surveyors, P.c. 4155 Pennsylvania Avenue Dubuque IA 52002- 12/31/06 2628 Kleinfelder, Inc. 9312 G Court Omaha NE 68127 12/31/07 Maxim Technologies 2213 LaPorte Road Waterloo IA 50702 12/31/07 Missman, Stanley & Associates, P.C. 2415 18th Street, STE 203 Bettendorf IA 52722 12/31/06 Olsson Associates 600 Fourth Street, Suite 333 Sioux City IA 51102 12/31/07 PO Box 6000 SchJotfeJdt Engineering, Inc, 1440 Second Street Webster City IA 50595 12/31/06 220 Shive-Hattery I Inc. 201 Third Ave. SE, Ste. 500 Cedar Rapids IA 52406- 12/31/06 1803 1803 TEAM Services, Inc. 333-H SW 9th Street Des Moines IA 50309 12/31/07 Terracon Consultants, Inc. 600 SW 7th Street, Suite M Des Moines IA 50309 12/31/07 NAME ADDRESS CITY STATE ZIP EXPIRES II This, and the following pages, are maintained by the Consultant Coordinator, Jason Holst. He is located in the Iowa DOT I Central Complex at 800 Lincoln Way, Ames, Iowa, 50010. Contact references: Telephone number: (515) 239-1571, Fax number: (515) 239-1873, E-mail Jason.Holst@dot.iowa.gov h ttps:/ / secure. s pindustry . com/idot/ asp/ secure/preq ual/ consult. asp ?Cate goryID= 324 5/19/2006 , . Iowa DOT Consultant Utilization: Prequalification for Iowa DOT Work Page I of2 16):,v;~=l Bridge Construction NAME ADDRESS CITY STATE ZIP EXPIRES Ament, Inc. 5825 Dry Creek Lane NE Cedar Rapids IA 52402 12/31/06 Anderson-Bogert Engineers & 4001 River Ridge Dr. N.E. Cedar Rapids IA 52402 12/31/06 Surveyors, Inc. Batheja & Associates 4822 Dodge Street Omaha NE 68132 12/31/06 Brain Engineering, Inc. 1540 Midland Court NE Cedar Rapids IA 52402 12/31/07 Buesing & Associate, Inc. 1212 Locust Street Du buq ue IA 52001 12/31/07 Calhoun-Burns and Associates, Inc. 1801 Fuller Road West Des Moines IA 50265- 12/31/07 65859 0859 Clapsaddle-Garber Associates, Inc. 16 East Main Street Marshalltown Ia 50158 12/31/06 P.O. Box 754 Crawford Engineering & Surveying, 205 Second Avenue N.E. Independence IA 50644 12/31/06 Inc. P.O. Box 793 Earth Tech, Inc. 501 Sycamore Street, Suite 222 Waterloo IA 50704 12/31/06 P.O. Box 1497 Erdman Engineering, P.c. 708 Commerce Drive Decorah IA 52101 12/31/06 P.O. Box 246 French-Reneker-Associates, Inc. 1501 South Main Fairfield IA 52556 12/31/06 POBox 135 Hanson Professsionaf Services Inc. 1525 S. Sixth St. Springfield IL 62703- 12/31/07 2886 Hart-Frederick Consultants P.c. 510 E. State Street. PO BOX 560 Tiffin IA 52340 12/31/07 HDR Engineering, Inc. 8404 Indian Hills Drive Omaha NE 68114 12/31/07 HGM Associates Inc 640 Fifth Avenue Council Bluffs Ia 51502- 12/31/06 919 0919 HNTB Corporation 715 Kirk Drive Kansas City MO 64105 12/31/07 Howard R. Green Company 8710 EARHART LANE SW CEDAR RAPIDS IA 52404 12/31/06 IIW Engineers & Surveyors, P.c. 4155 Pennsylvania Avenue Dubuque IA 52002- 12/31/06 2628 Infrastructure Engineering Inc. 33 West Monroe, Suite 1540 Chicago lL 60603- 12/31/06 5332 Jacobs Civil Inc. 1200 Valley West Drive, Suite 206- West Des Moines IA 50266 12/31/07 13 JEO Consulting Group, Inc. 724 Simon Ave. Carroll IA 51401 12/31/07 JFSCO Engineering, P.C. 608 2nd Street Red Oak IA 51566 12/31/06 P.O. Box 449 Kirkham, Michael, and Associates, 11021 Aurora Avenue Urbandale IA 50322 12/31/07 Inc. Klingner & Associates, P.C.jSmith 610 North 4th St, Suite 100 Burlington IA 52601 12/31/06 Engineering KTA-TATOR.INC. 115 Technology Drive Pittsburgh PA 15275 12/31/07 Kuehl & Payer, Ltd. 1725 N Lake Ave Storm Lake IA 50588 12/31/06 POBox 458 McClure Engineering Associates, Inc. 4700 Kennedy Drive East Moline lL 61244 12/31/07 MER Engineering 109 Regency West Court Fort Dodge IA 50501 12/31/06 Michael Baker Jr., Inc. 801 West Adams Street, Suite 600 Chicago IL 60607 12/31/06 Missman, Stanley & Associates, P.c. 2415 18th Street, STE 203 Bettendorf IA 52722 12/31/06 h UpS:/ 1 secure. spindustry. co m/i do t/ aspl secure/preq uall consult .asp?C ate gory I D~222 5/19/2006 . . Iowa DOT Consultant Utilization: PrequaIification for Iowa DOT Work Page I of2 1;...,. IoWa Department ~Of Transportatlon Highway Roadway Construction NAME ADDRESS CITY STATE ZIP EXPIRES Ament, Inc. 5825 Dry Creek Lane NE Cedar Rapids IA 52402 12/31/06 Anderson-Bogert Engineers & 4001 River Ridge Dr. N.E. Cedar Rapids IA 52402 12/31/06 Surveyors, Inc. Batheja & Associates 4822 Dodge Street Omaha NE 68132 12/31/06 Brain Engineering, Inc. 1540 Midland Court NE Cedar Rapids IA 52402 12/31/07 Buesing & Associate, Inc. 1212 Locust Street Dubuque IA 52001 12/31/07 Calhoun-Burns and Associates, Ine. 1801 Fuller Road West Des Moines IA 50265- 12/31/07 65859 0859 Clapsaddle-Garber Associates, Inc. 16 East Main Street Marshalltown la 50158 12/31/06 P.O. Box 754 Crawford Engineering & Surveying, 205 Second Avenue N,E, Independence IA 50644 12/31/06 Inc. P.O. Box 793 DeWild Grant Reckert and Associates 4425 Singing Hills Blvd., Suite 300 Sioux City IA 51106 12/31/07 Company Earth Tech, Inc. 501 Sycamore Street, Suite 222 Waterloo IA 50704 12/31/06 P.O. Box 1497 Engineering Alliance, Inc. 8191 Birchwood Court Johnston IA 50131 12/31/06 Suite E Erdman Engineering, P.c. 708 Commerce Drive Decorah IA 52101 12/31/06 P.O. Box 246 French-Reneker-Associates, Inc. 1501 South Main Fairfield IA 52556 12/31/06 POBox 135 Gibbs Engineering and Surveying 105 West Main Street Manchester IA 52057 12/31/07 PO Box 295 Hanson Professsional Services lnc. 1525 5. Sixth St. Springfield IL 62703- 12/31/07 2886 Hart-Frederick Consultants P.c. 510 E. State Street, PO BOX 560 Tiffin IA 52340 12/31/07 HDR Engineering, Inc. 8404 Indian Hilts Drive Omaha NE 68114 12/31/07 HGM Associates Inc 640 Fifth Avenue Council Bluffs Ia 51502- 12/31/06 919 0919 HNTB Corporation 715 Kirk Drive Kansas City MO 64105 12/31/07 Howard R. Green Company 8710 EARHART LANE 5W CEOAR RAPIDS IA 52404 12/31/06 I1W Engineers & Surveyors, P.C. 4155 Pennsylvania Avenue Dubuque IA 52002- 12/31/06 2628 Infrastructure Engineering Inc. 33 West Monroe, Suite 1540 Chicago IL 60603- 12/31/06 5332 Jacobs Civil Inc. 1200 Valley West Drive, Suite 206- West Des Moines IA 50266 12/31/07 13 JEO Consulting Group, Inc. 724 Simon Ave. Carroll IA 51401 12/31/07 JFSCO Engineering, P.c. 608 2nd Street Red Oak IA 51566 12/31/06 P.O. Box 449 Kirkham, Michael, and Associates, 11021 Aurora Avenue Urbandale IA 50322 12/31/07 Inc. Klingner & Associates, P.C./Smith 610 North 4th St, Suite 100 Burlington IA 52601 12/31/06 Engineering KRUSE. CATE & NELSON. P.c. 1801 Highway Blvd Spencer IA 51301 12/31/07 Kuehl & Payer, Ltd. 1725 N Lake Ave Storm Lake IA 50588 12/31/06 https://secure.spindustry . co m/i dot! asp/ sec ure/preq uall consult. asp "Category ID=221 5/19/2006