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Contract Signed: 11th St. Retaining Wall . September 8, 2006 Gus Psihoyos City of Dubuque - Engineering Department 50 West 13th Street Dubuque,U\ 52001 Re: Proposal for Professional Services II th Street Retaining Wall Repair IIW Project No: 06146-00 (Proposal) Dear Gus: IIW Engineers & Surveyors, P.c. 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 for over 24 years. This Proposal has been divided into the following sections to describe the services proposed: PROJECT DESCRIPTION This project consists of repair of the walls on the II th Street stairway at the top access at Grove Terrace. The repair includes, but is not limited to the following items: I. Remove concrete and cracked stone wall along the north side up to near the west side of the north abutment ofthe stone arch. Replace this wall with natural stone. 2. Remove deteriorated courses from top of the south stone wall. Identify repair requirements for the remaining portion of wall. Replace top of wall with natural stone. 3. Replace existing cracked asphalt pavement with PC concrete pavement to redirect surface water away from access and into existing storm sewer structures. Concrete pavement will also seal the pavement surface and minimize infiltration of water and deicing salts to the stone arch and tie-rods. Paving system will include subsurface drains to intercept subsurface water in the uphill base stone to collect and convey directly to the storm sewer. 4. Place vehicular barrier around access that consists of a combination of large stone minimum 27" high curb structurally anchored into the PCC pavement with 42" high "hoop" type pedestrian guardrail at the top. 5. Desigu concrete step replacement as requested. 6. Evaluate stone arch structural capacity to determine if reinforcement is required and identify if any repairs are needed. 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. For the purposes of this proposal, we are assuming all phases of the project will be completed at this time. Our services would incorporate the following elements, based upon your desigu criteria: A. Base mapping: I. Preparation of base map based on survey point data provided by others. This data llW Eng neers & Dubuque, IA Surveyors, P.C. Hazel Green, WI INTEGRITY. EXPERTISE SOLUTIONS, ,~" , ---- , '\ j if '7 'l-r' Dennis F. Waugh, PE/SE Charles A Cate, PE Gary D. Sejkora, PE Michael A. Jansen, PE/SE Ronald A. Balmer, PE/SE John M. Tranmer, PLS Timothy J. Tranel, PE John F. Wandsnider, PE Julie P. NeebeL PE James P. Kaune, PE Thomas J. Oster, PLS Wray A. Childers, PLS Oeoffry T. Blandin, PE Mark C. Jobgen. PE Lauren N, Ray, PE Bradley J. Mootz, 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 www.iiwengr.com 11th Street Retaining Wall Repair September 8, 2006 Page 2 of 5 would include 3 dimensional location information and descriptors to define pavement, storm sewer, curbs, steps, sidewalks, walls, and all other data necessary to produce accurate detailed drawings. This would also include the location of any existing utilities and the adjacent roadway identifying storm sewer inlets, drainage patterns, driveways and adjacent sidewalks. B. Conceptual Design I. Prepare a conceptual site layout, in plan view, of the site locating the access and drainage patterns. This would include a conceptual cross section of the top of the wall to identify components of the vehicular barrier system. Submit conceptual layout to City for evaluation and approval. Incorporate comments to finalize design. Prepare Construction Plans: Prepare plans for construction of the approved conceptual design. This proposal is based on the following list of drawings: C I - Existing/demolition plan C2 - Site plan, misc. details C3 - Catch basin, curb, pavement, and sidewalk details S 1 - Wall elevation, sections, vehicle barrier, repair details S2 - Stair and railing sections and details Submit plans to the City for review and comment. Revise plans as required. Submit plans to the City for solicitation of bids and construction purposes. 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. Provide all criteria and full information as to the Owner's requirements for the project, including design objectives and constraints, performance requirements, and any budgetary limitations, and furnish copies of all design and construction standards which the Owner will require to be included. 3. Furnish to Engineer data prepared by or services of others including without limitation borings, probings, and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of :;amplc:;, materials, and equipment, as may be available. 4. Arrange for access to and make all provisions for the Engineer to enter upon public and private property as required for the Engineer to perform his services under this agreement. 5. Furnish approvals and permits as may be required from the Owner. 6. Furnish or direct Engineer to provide Extra Services as stipulated in this agreement or other services as required. 2. C. I. . . . . . 2. 3. EXCLUSIONS FROM PROFESSIONAL SERVICES The following services are not included in this Proposal. IIW can provide proposals for these services if requested: I. Field survey of the pavement, stairs, utilities, etc. to prepare topographic base map. 2. Attend public information meetings or make presentations other than stated in the Scope of Services. 3. Preparation of any plats such as: easement plats, vacation of easements, or plats of survey. 4. Construction Staking. This may be provided either under a separate proposal or by the contractor. 11th Street Retaining Wall Repair September 8, 2006 Page 3 of5 5. Construction Contract Documents. This include front end contract forms, general and special conditions, or technical specifications. Relevant brief specifications would be shown on drawings. 6. Construction Administration. This would include solicitation of bids from contractors, preparation, and administration of contracts, preparation of partial or final pay requests, and certification of substantial completion of the project. 7. Construction Inspection and Material Testing. This would include, but not be limited to, moisture and density control for grading, observation of utility installation, concrete testing for pavements, curb and gutters, and buildings. 8. Reinforcement of stone arch. 9. Provide cost estimate as required for bidding of construction documents. COMPENSATION IIW proposes to complete the services described above at an hourly rate for a estimated maximum fee as follows: Item A. - Base Drawing Development - Estimated fee of$I,200.00. Item B - Conceptual Design - Estimated fee of $3,800.00. Item C - Construction Plans - Estimated fee of $4,600.00. It shall be the obligation of the Engineer to notify the Owner when the total charges exceed 80% of fees specified under Compensation. Services will continue until project completion as deemed appropriate by the Engineer unless the Owner directs the Engineer to cease services at the time of the 80% fee notification. If the Owner does not instruct the Engineer to stop services the project estimated fee may be exceeded. PROJECT SCHEDULE It is anticipated that the Conceptual Plan can be submitted to the City for review within 20 working days of the receipt of a signed Proposal. Construction documents can be prepared for bid letting within 20 working days of the receipt of an approval final conceptual design. GENERAL TERMS AND CONDITIONS General Terms and Conditions are a part of this Proposal. In addition to the conditions listed below, the City of Dubuque shall be owners of all documents including calculations, computer files, drawings, and specifications prepared by the Consultant for use in construction of this Project. Insurance provisions are on file wit!: the City of Dubuque meeting the City of Dubuque Insurance Schedule C requirements. A copy of the certificate of insurance will be provided upon request. This Proposal is effective until October 1,2006 and may be subject to changes thereafter. If the services and fees defined in this Proposal are acceptable, please review the attached General Terms and Conditions, and return one signed copy of the Proposal to our office. Respectfully, g~EE::.JURVEYORS' P.C. Dennis Waugh, P.E.,: ~/ Vice President ;;t.' --. ~:fr Project Manager P opo~nclUding General Te~%d0:;iti~ is h~reb{accePted. Authorized Signature Printed Name and Title Date 11th Street Retaining Wall Repair September 8, 2006 Page 4 of5 THE FOLLOWING GENERAL TERMS AND CONDITIONS SHALL APPLY TO TIlE 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 infonnation 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. 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 hannless, 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 an 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 b-:- deemed in default of this Agreement to the extent that anv dela~' or faHure in !..l}e perfo1'!!lan..e of ~ts 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. An 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 1 t th Street Retaining Wall Repair September 8, 2006 Page 5 of5 . 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. 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 of probable 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 ofintent to terminate. Failure of the Client to make payments when due shall be cause for suspension of services or ultimately terminatiotl, unlt"'5s and until the ConsultlUlt ha.;;: l)een pairt 11' 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. II th Street Retaining Wall Repair Proposal Photos September 8, 2006 Top of II Street stair access at Grove Terrace View of stair access looking west Drainage conditions around the top of the stairway access 11 th Street Retaining Wall Repair Proposal Photos September 8, 2006 Portion of north wall that is concrete in deteriorating condition Portion of north wall that is cracked stone in deteriorating condition Close up oflower potion of the north wall near the west end of the north arch abutment 11 th Street Retaining Wall Repair Proposal Photos Se tember 8, 2006 Portion of south wall Deteriorating base of railing Severely deteriorated condition of a post base. I I th Street Retaining Wall Repair Proposal Photos Se tember 8, 2006 Arch tie-rod end - typical of all tie rod-ends. Typical hoop railing. In the proposed design, the top course of rock would be above the top of the curb on the pavement side, and the second course of rock would cover the concrete curb on the wall side. The top course of rock would be structurally pinned to the second course and the concrete curb to provide the vehicular barrier.