Signed Contract_Veenstra & Kimm, Inc. Change Order for W&RRC Wellhead RehabilitationMWH®
BUILDING A BETTER WORLD
August 20, 2013
Mr. Steve Sampson Brown
Project Manager
Engineering Department
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
RE: Change Order for RBCA Site Investigation and Wellhead Rehabilitation Activities
City of Dubuque Water Pollution Control Plant
LUST No. 9LTP01 UST Registration No. 198607145
Dear Mr. Sampson Brown:
MWH Americas, Inc. (MWH) appreciates the opportunity to submit this change order to finalize
the Risk -Based Corrective Action (RBCA) investigation; complete rehabilitation of the existing
wellheads, continue free product recovery and reporting through the end of 2013, and continue
performing associated activities for the City of Dubuque, Iowa (City) related to the former
petroleum product underground storage tank (UST) at the City's water pollution control plant
(WPCP) site. Activities included in this change order are intended to satisfy the Iowa
Department of Natural Resources (IDNR) requirements, as outlined in their February 4, 2011
and December 7, 2012 letters. MWH understands the site was classified No Action Required
(NAR) for purposes of the RBCA investigation, but free product recovery and reporting activities
must continue. The proposed activities are outlined below.
Task 1 — Fieldwork
Additional fieldwork activities were completed in March 2013 requiring additional subcontractor
drilling involvement as follows: soil gas wells SG -1 and SG -2 were installed to a depth of
20 feet and 16 feet below grade, respectively; and groundwater monitoring wells MW -7 and
MW -8 were installed to a depth of 47 feet and 55 feet below grade, respectively. Soil samples
in all four wells were screened with a photoionization detector (PID), with soil samples collected
and submitted for laboratory analysis from MW -7 and MW -8. Initial and confirmation soil gas
samples were collected and submitted for laboratory analysis from SG -1 and SG -2. Costs are
included in this change order to pay for the subcontractor charges associated with installation of
these additional wells.
With completion of the final grade and paving in the area of the digester units and administration
building, six existing soil gas and groundwater monitoring wells need to be located under the
asphalt paving, their top of casing (TOC) elevations raised to just below the final grade, and new
well vaults installed so they are accessible for future monthly free product recovery activities.
Costs are included in this change order for the drilling subcontractor to raise the TOC elevations
so the wells are accessible. MWH will supervise the well TOC activities.
11153 Aurora Avenue
Des Moines, IA 50322 -7904
TEL 515 253 0830
FAX 515 253 9592
www.mwhglobal.com
Mr. Steve Sampson Brown
Page 2 August 20, 2013
Task 2 — Project Management
This subtask includes associated project management time for project administration;
communication with City representatives, subcontractors, MWH staff, and IDNR staff; and
associated activities.
ESTIMATED COSTS
The tasks will be completed on a time - and - materials basis in accordance with the attached
Consulting Services Agreement (CSA). The estimated cost to complete the tasks identified
above is approximately $14,463, as indicated below:
MWH Services Subcontractors
Task — Description and Expenses (Driller) Total
1 — Fieldwork $ 1,843 $11,520 $13,363
2 — Project Management $ 1,100 $ 1,100
Subtotal $ 2,943 $11,520 $14,463
Project Total $14,463
If you concur with the proposed scope of services and associated budget, please sign both
copies of the "Consulting Services Agreement," as well as both copies of this change order;
returning one copy of each document to us as our authorization to proceed. If you have
questions or comments, please feel free to contact. If you have any questions please contact
Randy Kroneman or me at 515 - 253 -0830.
Sincerely,
Brian C. Broderick, P.E.
Vice President
/srs:rjk:vas
Attachments
ACCEPTED BY: DATE: /0/2 01
For the City of Dubuque
P: \Word Processing \CITY OF DUBUQUE \PRO- 08 -13- Environmental Consulting Services \CO- 08- 2013_Brown_Subs & Well Rehab (City of
Dubuque).docx
MINH®
MWH CONTRACT No.
CONSULTING SERVICES AGREEMENT [Hourly Rate] (HAZ)
This agreement ( "Agreement "), with an effective date of August 20, 2013, is by and between City of Dubuque ( "CLIENT ")
and MWH Americas, Inc. ( "CONSULTANT ").
In consideration of the mutual covenants and promises contained herein, the parties agree as follows:
1 SCOPE OF SERVICES
1.1 The services to be performed by CONSULTANT for CLIENT under this Agreement ( "Services ") are set out in
Attachment A (Scope of Services), incorporated herein by reference. The Services are to be performed in support of the
project identified in Attachment A ( "Project ").
2 COMPENSATION
2.1 CLIENT shall pay to CONSULTANT, as compensation for the Services ( "Compensation "), at the rates set forth
in CONSULTANT's rate schedule ( "Rate Schedule "), Attachment B, incorporated herein by reference.
2.2 CLIENT will pay CONSULTANT additional compensation for labor and expenses incurred by CONSULTANT in
responding to or and assisting with any audit required by CLIENT, or any federal, state and local government agencies.
The basis of payment will be the CONSULTANT's normal commercial rate for such services unless otherwise defined by
an amendment to this Agreement.
3. INVOICING AND PAYMENT
3.1 CONSULTANT shall submit its standard monthly invoice describing the Services performed and expenses
incurred during the preceding month. CLIENT shall make payment of all undisputed portions of such invoice and provide
written justification for the withholding of any disputed portions to CONSULTANT within thirty (30) calendar days from the
date of CONSULTANT's monthly invoice.
3.2 Payment of all Compensation due CONSULTANT pursuant to this Agreement shall be a condition precedent to
CLIENT's use or reliance upon any of CONSULTANT's professional services or work products furnished under this
Agreement.
3.3 In the event payment for the Services has not been made within 60 calendar days from the date of the invoice,
CONSULTANT may, after giving 7 calendar days written notice and without penalty or liability of any nature, and without
waiving any claim against CLIENT, suspend all or any part of the Services. In order to defray carrying charges resulting
from delayed payments, simple interest at the rate of 1.5% per month (18% per annum), not to exceed the maximum rate
allowed by law, shall be added to the unpaid balance of each invoice. The interest period shall commence 30 calendar
days after the date of the invoice. Payments shall first be credited to interest and then to principal.
3.4 Electronic payment may be made to the following address:
Bank name
Bank address
Bank contact
Beneficiary
Beneficiary a/c
ABA routing
Wells Fargo
1000 Lakes Drive, Suite 250
West Covina, CA 91790
Millie Pham
626/919 -6602
MWH Americas, Inc.
4945081503
121000248
3.5 Mail / Lock Box
MWH Americas, Inc.
Dept. 842728
Los Angeles, CA 90084 -2728
4 PERIOD OF PERFORMANCE
4.1 This Agreement shall have an effective date as set forth above and shall remain in effect
December 31, 2017, unless terminated earlier pursuant to this Agreement.
Consulting Services [Hourly Rate] (HAZ) (Rev. 9 -30 -2009)
until
(City of Dubuque — 08 -13)
5 CLIENT'S RESPONSIBILITIES
5.1 CLIENT shall designate a person to act as CLIENT's representative with respect to this Agreement. Such
person will have complete authority to transmit instructions, receive information and interpret and define CLIENT's
policies and decisions.
5.2 CLIENT shall furnish to CONSULTANT all applicable information and technical data in CLIENT's possession or
control reasonably required for the proper performance of the Services. CLIENT shall also disclose to CONSULTANT
hazards at the Project site ( "Site ") which pose a significant threat to human health or the environment. CONSULTANT
shall be entitled to reasonably rely upon the information and data provided by CLIENT or obtained from generally
accepted sources within the industry without independent verification except to the extent such verification is expressly
included in the Services.
5.3 CLIENT shall examine all studies, reports, sketches, drawings, specifications, and other documents presented
by CONSULTANT, seek legal advice, the advice of an insurance counselor, or other consultant(s), as CLIENT deems
appropriate for such examination. If any document requires CLIENT to approve, comment, or to provide any decision or
direction, such approval, comment, decision or direction shall be provided within a reasonable time within the context of
the schedule for the Services ( "Project Schedule ").
5.4 CLIENT shall arrange for access to and make all provisions for CONSULTANT to enter upon public and private
property as required for CONSULTANT to properly perform the Services.
5.5 CLIENT shall obtain, where applicable, the following:
5.5.1 All published advertisements for bids;
5.5.2 All permits and licenses that may be required of CLIENT by local, state, or federal authorities;
5.5.3 All necessary land, easements, and rights -of -way;
5.5.4 All items and services not specifically covered by the terms and conditions of this Agreement.
5.6 If the Services involve a construction phase of the Project, CLIENT shall require all construction contractor
covered by the CLIENT's contracts related to the Project, to defend, indemnify and hold CONSULTANT harmless to the
same extent that the contractor is obligated to defend, indemnify and hold CLIENT harmless and also require the
contractor to add CONSULTANT as an additional insured on the contractor's Commercial General Liability and Auto
Liability insurance policies applicable to the Project. CLIENT shall also require the construction contractor to assume sole
and complete responsibility for Project site health and safety during the course of construction, including but not limited to
the safety of all persons and property related to the Project.
5.7 CLIENT shall pay for any costs associated with the above items.
6 CONSULTANT'S RESPONSIBILITIES
6.1 CONSULTANT shall designate a project manager for the performance of the Services.
6.2 CONSULTANT shall perform the Services as an independent contractor and not as CLIENT's agent or
employee. CONSULTANT shall be solely responsible for the compensation, benefits, contributions and taxes, if any, of
its employees and agents.
6.3 The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence normally
employed by professional consultants performing the same or similar services at the time and location said Services are
performed. CONSULTANT will re- perform any Services not meeting this standard without additional compensation.
6.4 CONSULTANT may, during the course of its Services, prepare opinions of the probable cost of construction.
CLIENT acknowledges, however, that CONSULTANT has no control over costs of labor, materials, competitive bidding
environments and procedures, unknown field conditions, financial and /or market conditions or other factors affecting the
cost of the construction and the operation of the facilities, all of which are beyond CONSULTANT's control and are
unavoidably in a state of change. CLIENT therefore acknowledges that CONSULTANT cannot and does not make any
warranty, promise, or representation, either express or implied, that proposals, bids, opinions of probable construction
costs, or cost of operation or maintenance will not vary substantially from its probable cost estimates.
6.5 When CONSULTANT provides on -site monitoring personnel during construction as part of its Services, the on-
site monitoring personnel will notify CLIENT of any observed defects in the Work; will otherwise make reasonable efforts
to guard CLIENT against defects and deficiencies in the work of the contractor(s) and will help to determine if the
provisions of the contract documents are being fulfilled. Providing on -site monitoring personnel will not, however, cause
CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor, and
which include, but are not limited to, full responsibility for the means, methods, techniques, sequences and progress of
2
Consulting Services [Hourly Rate] (HAZ) (Rev. 9 -30 -2009) (City of Dubuque — 08 -13)
construction, and the health and safety precautions incidental thereto, and for performing the construction in accordance
with the contract documents.
6.6 In addition to or in lieu of on -site personnel, CONSULTANT's off -site staff may periodically visit the Project site
as part of its Services. Such periodic visits and any observations made by CONSULTANT during such periodic visits
shall not make CONSULTANT responsible for, nor relieve the construction contractor of the sole responsibility for all
construction means, methods, techniques, sequences and progress of construction, and the health and safety
precautions incidental thereto, and for performing the construction in accordance with the contract documents.
6.7 All samples, sample residues, and byproducts from the sample testing process relating to the Services shall be
disposed of by CONSULTANT in accordance with applicable Law. If included in the Scope of Services, CONSULTANT
shall also dispose of all non - hazardous waste generated in the performance of the Services.
6.8 CONSULTANT shall not arrange or otherwise be responsible for the disposal of any regulated waste, including
but not limited to toxic, radioactive or hazardous substances, wastes or materials ( "Hazardous Wastes ") associated with
the Services, either directly or indirectly through its subcontractors or others. CONSULTANT, at CLIENT's request, may
assist the CLIENT in identifying or evaluating disposal alternatives for the off-site treatment, storage or disposal of
Hazardous Wastes, but neither CONSULTANT nor others for whom CONSULTANT bears responsibility related to the
Services shall make any independent determination relating to the selection of a treatment, storage or disposal facility or
sign any hazardous waste manifest.
7 CHANGE ORDERS
7.1 CLIENT or CONSULTANT may, from time to time, request modifications or changes in the Services. To the
extent that the Services to be performed by CONSULTANT has been affected by the change, CONSULTANT's
Compensation and Project Schedule shall be equitably adjusted. All changes shall be set forth in a written Change
Order, and executed by both parties.
8 FORCE MAJEURE
8.1 Neither party shall be responsible for a delay in its performance under this Agreement, other than a delay in
payment for Services already performed, if such delay is caused by extraordinary weather conditions or other natural
catastrophes war, terrorism, riots, strikes, lockouts or other industrial disturbances, acts of any governmental agencies or
other events beyond the reasonable control of the claiming party. CONSULTANT shall be entitled to an equitable
adjustment to the Compensation and the Project Schedule as a result of any such delay.
9 CONFIDENTIALITY
9.1 CONSULTANT shall treat as confidential and proprietary all information and data gathered from any source or
developed relative to the Project. Confidential information shall not be disclosed to any third party, other than
CONSULTANT's subcontractors or subconsultants, during or subsequent to the term of this Agreement. Nothing
contained herein shall preclude CONSULTANT from disclosing information or data: (i) in the public domain without
breach of this Agreement; (ii) developed independently by CONSULTANT without reference to CLIENT's information or
data; (iii) where disclosure or submission to any governmental authority is required by applicable statutes, ordinances,
codes, regulations, consent decrees, orders, judgements, rules, and all other requirements of any and all governmental
or judicial entities that have jurisdiction over the Services ( "Law "), but only after written notice has been given to CLIENT.
10 RIGHTS IN DATA
10.1 All right, title and interest in and to the work products provided by CONSULTANT to CLIENT shall be the
property of CLIENT ( "Work Product "). Methodologies, process know -how and other instruments of service used to
prepare the Work Product shall remain the property of CONSULTANT. Any modification or reuse of the Work Product
without written verification or adaptation by CONSULTANT for the specific purpose intended will be at CLIENT's sole risk
and without liability or legal exposure to CONSULTANT or to CONSULTANT'S subcontractors and subconsultants.
11 INSURANCE
11.1 CONSULTANT will furnish to CLIENT copies of insurance certificates evidencing that it maintains the following
coverages while performing Services, subject to the terms and conditions of the policies:
TYPE AMOUNT
Workers Compensation Statutory
Employers' Liability $1,000,000 policy limit
Commercial General Liability $1,000,000
Automobile Liability $1,000,000
Professional Liability $1,000,000
Contractors Pollution Liability $1,000,000
3
Consulting Services [Hourly Rate] (HAZ) (Rev. 9 -30 -2009) (City of Dubuque — 08 -13)
11.2 CONSULTANT will furnish CLIENT with certificates of insurance verifying the above referenced coverages and
stating that the insurance carrier will provide CLIENT with thirty days prior written notice of insurance cancellation or
reduction below the above listed requirements. CONSULTANT shall list CLIENT as an additional insured on the
Commercial General Liability and the Automobile Liability insurance.
12 INDEMNITY
12.1 CONSULTANT agrees to indemnify CLIENT, its officers, directors and employees, from loss or damage for
bodily injury or property damage, ( "Claims "), to the extent caused by the negligence of CONSULTANT in the
performance of the Services. This obligation to indemnify CLIENT shall not impose any obligation on CONSULTANT
that exceeds the Limitation of Liability provisions set forth below.
12.2 IN NO EVENT SHALL CONSULTANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSE-
QUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR INTERRUPTION OF
BUSINESS) ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13 LIMITATION OF LIABILITY
13.1 RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT TO BOTH THE CLIENT AND
CONSULTANT, THE PARTIES AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE
AGGREGATE LIABILITY OF CONSULTANT, ITS PARENT, AFFILIATES AND SUBCONTRACTORS, AND THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, TO THE AMOUNT OF THE INSURANCE
CONSULTANT IS REQUIRED TO EVIDENCE UNDER THE TERMS OF SECTION 11.1. THIS LIMITATION OF
LIABILITY SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES)
AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT AND WITHOUT REGARD
TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED.
13.2 CONSULTANT MAY AGREE, AT CLIENT'S REQUEST, TO INCREASE THIS LIMITATION OF LIABILITY TO A
GREATER SUM IN EXCHANGE FOR A NEGOTIATED INCREASE IN CONSULTANT'S FEE. ANY INCREASE IN THIS
LIMITATION OF LIABILITY MUST BE IN WRITING AS A FORMAL AMENDMENT TO THIS AGREEMENT AND MUST
BE SIGNED AND DATED BY AUTHORIZED REPRESENTATIVES OF EACH PARTY. ANY ADDITIONAL CHARGE
FOR HIGHER LIABILITY IS CONSIDERATION FOR THE GREATER RISK ASSUMED BY CONSULTANT AND IS NOT
A CHARGE FOR ADDITIONAL INSURANCE.
13.3 BY ENTERING INTO THIS AGREEMENT, THE PARTIES ACKNOWLEDGE THAT THIS LIMITATION OF
LIABILITY CLAUSE HAS BEEN REVIEWED, UNDERSTOOD, IS A MATERIAL PART OF THIS AGREEMENT, AND
EACH PARTY HAS HAD THE OPPORTUNITY TO SEEK LEGAL ADVICE REGARDING THIS PROVISION.
14 PREEXISTING CONDITIONS
14.1 CLIENT hereby understands and agrees that CONSULTANT has not created nor contributed to the creation or
existence of any Hazardous Substances at or related to the Project site or in connection with or related to this
Agreement. The compensation to be paid CONSULTANT for the Services is in no way commensurate with, and has not
been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or
property to such Hazardous Substances. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend,
indemnify, and hold CONSULTANT, its officers, directors, employees, and consultants, harmless from and against any
and all claims, damages, and expenses, whether direct, indirect, or consequential, including but not limited to attorney's
fees and court costs, arising out of, or resulting from the threatened or actual release of Hazardous Substances
( "Release "), except to the extent that such Release is caused by the negligence of CONSULTANT. Nothing contained
within this Agreement shall be construed or interpreted as requiring CONSULTANT to assume the status of a generator,
arranger, transporter or as a storage, treatment or disposal facility as those terms appear within applicable Law.
15 SUSPENSION
15.1 CLIENT may, at any time and without cause, suspend the Services of CONSULTANT, or any portion thereof for
a period of not more than 90 days by notice in writing to CONSULTANT. CONSULTANT shall resume the Services on
receipt from CLIENT of a written notice of resumption of the Services. If such suspension causes an increase in
CONSULTANT's cost or a delay in the performance of the Services, then an equitable adjustment shall be made to the
Compensation and Project Schedule, as appropriate. In the event that the period of suspension exceeds 90 days, the
contract time and compensation are subject to renegotiation.
16 TERMINATION
16.1 CLIENT may terminate all or part of this Agreement for CLIENT's convenience by providing 10 days written
notice to CONSULTANT. In such event, CONSULTANT will be entitled to Compensation for the Services performed up
to the effective date of termination plus compensation for reasonable termination expenses. CONSULTANT will not be
entitled to compensation for profit on Services not performed.
17 DISPUTES RESOLUTION — ARBITRATION
17.1 Any dispute arising between the parties concerning this Agreement or the rights and duties of either party in
relation thereto shall first be submitted to a panel consisting of at least one representative of each party who shall have
the authority to enter into an agreement to resolve the dispute. The disputes panel shall be conducted in good faith,
4
Consulting Services [Hourly Rate] (HAZ) (Rev. 9 -30 -2009) (City of Dubuque — 08 -13)
either physically or electronically, within two weeks of a request by either party. No written, verbal or electronic
representation made by either party during the course of any panel proceeding or other settlement negotiations shall be
deemed to be a party admission.
17.2 If the panel fails to convene within two weeks, or if the panel is unable to reach resolution of the dispute, then
either party may submit the dispute for binding arbitration to be held in accordance with the Construction Industry Rules
of the American Arbitration Association ( "Association ") in effect at the time that the demand for arbitration is filed with the
Association. Either party may file in the manner provided by the Rules of the Association, a Demand for Arbitration at
any time. The arbitrator or arbitrators appointed by the Association shall have the power to award to either party to the
dispute such sums, costs, expenses, and attorney's fees as the arbitrator or arbitrators may deem proper.
18 NOTICE
18.1 Any notice or communication required or permitted by this Agreement shall be deemed sufficiently given if in
writing and when delivered personally or 48 hours after deposit with the a receipted commercial courier service or the
U.S. Postal Service as registered or certified mail, postage prepaid, and addressed as follows:
CLIENT
City of Dubuque
501 West 13th Street
Dubuque, IA 52001
Attn: Mr. Steve Brown
CONSULTANT
MWH Americas, Inc.
11153 Aurora Avenue
Des Moines, IA 50322
Attn: Brian C. Broderick, P.E.
or to such other address as the party to whom notice is to be given has furnished to the other party(ies) in the manner
provided above.
19 SURVIVAL OF CONTRACT TERMINATION
19.1 The Articles relating to Indemnification, Limitation of Liability, Preexisting Conditions, Data Rights,
Confidentiality, Governing Law and Venue shall survive completion of the Services, payment in full of the Compensation
and termination of this Agreement.
20 MISCELLANEOUS
20.1 Governing Law. The validity, construction and performance of this Agreement and all disputes between the
parties arising out of this Agreement or as to any matters related to but not covered by this Agreement shall be governed
by the laws, without regard to the laws as to choice or conflict of laws, of the State where the Project is located.
20.2 Assignment. Neither this Agreement nor any rights under this Agreement may be assigned by any party, other
than to a party's affiliate, parent or subsidiary, without the prior written consent of the other party(ies).
20.3 Binding Effect. The provisions of this Agreement shall bind and inure to the benefit of the parties and their
respective successors and permitted assigns.
20.4 Parties in Interest. Nothing in this Agreement, expressed or implied, is intended to confer on any person or
entity other than the parties any right or remedy under or by reason of this Agreement.
20.5 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed
an original, but all of which together shall constitute a single agreement.
20.6 Amendment and Waiver. This Agreement may be amended, modified or supplemented only by a writing
executed by each of the parties. Any party may in writing waive any provisions of this Agreement to the extent such
provision is for the benefit of the waiving party. No action taken pursuant to this Agreement shall be deemed to
constitute a waiver of any other party's compliance with provisions of this Agreement. No waiver by any party of a
breach of any provision of this Agreement shall be construed as a waiver of any subsequent or different breach, and no
forbearance by a party to seek a remedy for noncompliance or breach by another party shall be construed as a waiver of
any right or remedy with respect to such noncompliance or breach.
5
Consulting Services [Hourly Rate] (HAZ) (Rev. 9 -30 -2009) (City of Dubuque — 08 -13)
20.7 Venue, Jurisdiction and Process. The parties agree that any arbitration proceeding arising out of this
Agreement or for the interpretation, performance or breach of this Agreement, shall be instituted in the County where the
Project is located, and each party irrevocably submits to the jurisdiction of such proceeding and waives any and all
objections to jurisdiction or venue that it may have under the laws of that state or otherwise in such proceeding.
20.8 Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the
other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were
omitted.
20.9 Preparation of Agreement. All provisions of this Agreement have been subject to full and careful review by and
negotiation between CONSULTANT and CLIENT. Each such party has availed itself of such legal advice and counsel as
it, respectively, has deemed appropriate. The parties hereto agree that neither one of them shall be deemed to be the
drafter or author of this Agreement, and in the event this Agreement is subject to interpretation or construction by a court
of law or panel of arbitration, such court or panel shall not construe this Agreement or any portion hereof against either
party as the drafter of this Agreement.
20.10 Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties
pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations,
representations and discussions, whether verbal or written, of the parties, pertaining to that subject matter.
CLIENT CONSULTANT
Signature
ture
Sign g nature
Name (Printed or Typed)
Date i/ (21-
Brian C. Broderick, P.E.
Name (Printed or Typed)
August 20, 2013
Date
6
Consulting Services [Hourly Rate] (HAZ) (Rev. 9 -30 -2009) (City of Dubuque — 08 -13)
Attachment A
SCOPE OF SERVICES
1. PROJECT DESCRIPTION
The Services to be performed by CONSULTANT shall be as follows:
In accordance with MWH Americas, Inc.'s August 20, 2013, "Change Order for RBCA Site Investigation and
Wellhead Rehabilitation Activities, City of Dubuque Water Pollution Control Plant, LUST No. 9LTP01,
UST Registration No. 198607145 to Mr. Steve Sampson Brown with the City of Dubuque."
2. PROJECT SCHEDULE
In accordance with MWH Americas, Inc.'s August 20, 2013, "Change Order for RBCA Site Investigation and
Wellhead Rehabilitation Activities, City of Dubuque Water Pollution Control Plant, LUST No. 9LTP01,
UST Registration No. 198607145 to Mr. Steve Sampson Brown with the City of Dubuque."
7
Consulting Services [Hourly Rate] (HAZ) (Rev. 9 -30 -2009) (City of Dubuque — 08 -13)
PROFESSIONAL, TECHNICAL AND
Classification
Senior Company Officer
Principal Professional II
Principal Professional I
Supervising Professional 11
Supervising Professional I
Senior Professional II
Senior Professional I
OTHER TERMS AND CONDITIONS
ATTACHMENT B
MWH AMERICAS, INC.
Iowa / Kansas Program
Fee Schedule
Effective January 1, 2013
ADMINISTRATIVE STAFF
Rate /Hour
$ 180.00
$ 173.00
$ 166.00
$ 143.00
$ 138.00
$ 118.00
$ 113.00
Classification
Professional II
Professional I
Associate Professional
Senior Designer
Designer
Drafter
Senior Administrator /Accounting
Administrator /Accounting
Rate /Hour
$ 107.00
$ 102.00
$ 87.00
$ 118.00
$ 102.00
$ 87.00
$ 89.00
$ 67.00
• Subcontracted services will be invoiced at actual cost plus fifteen (15) percent for general and
administrative expenses.
Other Out -of- Pocket Expenses, including travel expenses and shipping expenses (UPS /FedEx for
reports, materials, supplies, and laboratory samples), will be invoiced at actual cost plus twelve (12)
percent for general and administrative expenses.
Health & Safety, Field and Construction Equipment will be invoiced according to MWH AMERICAS,
INC.'s standard unit rates. A partial list is available upon request.
Leased and personal vehicle usage will be invoiced as follows (rental vehicles will be charged at
actual cost plus twelve [12] percent):
Automobile $ .56 per mile plus $35.00 per day*
Field Vehicle $ .66 per mile plus $35.00 per day*
* Adjusted in conjunction with the federal allowable rate.
Associated project expenses, including telecommunications (equipment, local and long distance
charges), facsimile, computer and word processing equipment, first class postage, network charges,
and in -house reproduction and printing of plans, reports, and other documents (black & white, up to
11x17 inches, up to 5 copies) will be invoiced at $10.40 per total labor hour, in lieu of detailed
invoicing of the specified items.
• A surcharge of fifty (50) percent will be added to hourly rates for expert witness testimony,
participation, preparation time, hearings, depositions, etc.
• Rates for Computer -Aided Design and Drafting equipment, when required, will be invoiced at the rate
of $15.00 per hour.
• A surcharge for Contractors Pollution Liability Insurance coverage on Remediation /Construction
activities will be negotiated for each contract where required.
• The above rates are subject to change January 1 of each year.
• A service fee will be added to the unpaid balance after 30 days at the rate of eighteen (18) percent
per year.
L: \FEE SCHEDULES\2013 FEE SCHEDULESWttachment B_2013 Standard Iowa - Kansas.doc
Masterpiece on the Mississippi
TO:
FROM: Bob Green, Water Department Manage
SUBJECT: Veenstra & Kimm, Inc. Contract — Water Treatment Plant North Softening
Basins Rehabilitation, CIP# 740 -2396, Fund Balance - $119,923.00
Michael C. Van Milligen, City Manager
Dubuqw
*****
AII- America C-tty
11 111
2007 • 2012 • 201:
DATE: October 15, 2013
The purpose of this memorandum is to request your signature to the two attached
contracts with Veenstra & Kimm, Inc. of Moline, IL.
This contract has been reviewed and approved for your signature by City Attorney,
Barry Lindahl and Finance Director, Ken Tekippe.
Please return these contracts to me when signed.
Staff and I are available should you have any questions.
BG:jr
Attachments
cc: Jackie Rodriguez, Water Plant Manager
File
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
VEENSTRA & KIMM, INC.
NORTH SOFTENING BASINS REHABILITATION PROJECT
PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this /8 a day of peal) e.p3 , 2013, by
and between the CITY OF DUBUQUE, hereinafter referred to as the City, party of the first
part, and VEENSTRA & KIMM, INC., a corporation organized and existing under the laws
of the State of Iowa, party of the second part, hereinafter referred to as the Engineers.
WITNESSETH, THAT WHEREAS, the City contemplates the rehabilitation and restoration
of the North Softening Basins at the Municipal Water Plant, with said project being
referred to as the North Softening Basins Rehabilitation Project, hereinafter referred to as
the Project.
WHEREAS, the City desires to retain the Engineers to provide complete engineering design
services for the Project as defined herein.
NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the City
does hereby retain the said Engineers for engineering services on the Project, subject to
the following terms, conditions and stipulations, to wit:
SECTION 1. SCOPE OF PROJECT. It is understood and agreed the Project shall include
those items listed below:
a. Evaluation of structural conditions of the North basins and equipment
operations.
b. Development of alternate costs for repairs and coatings.
c. Preliminary design report and recommendations.
d. Development of plans and specifications for agreed upon Project
recommendations.
e. IDNR permit submittals.
f. Bidding phase.
g. Construction phase including site visits and resident review.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
DESIGN SURVEYS. The Engineers don not believe any topographic surveys
will be necessary for the Project.
DESIGN AND PROJECT CONFERENCES. The Engineers shall attend such
design conferences with the City and others as may be necessary to make
decisions as to details of design of the Project. The City shall provide
personnel to attend such conferences either at the offices of the City or at
other designated locations. The Engineers shall work with the City and
attend any conferences necessary to coordinate this Project.
PREDESIGN REPORT. The Engineers will develop a predesign report that
will identify alternative repair and /or replacement costs, and provide final
Project recommendations.
PLANS AND SPECIFICATIONS. The Engineers shall prepare such detailed
plans and specifications as are reasonably necessary and desirable for
construction of the Project. Two sets of preliminary plans and specifications
shall be submitted to the City for review prior to completion of preparation
of final plans and specifications. Five sets of final plans and specifications
shall be submitted to the City. The Engineers shall also provide the City
with one set of reproducible contract drawings. It is anticipated this project
will include minor structural (welding) repairs and coatings. Large scale
equipment changes or process changes will be considered extra work.
PERMITS AND LICENSES. The Engineers shall provide copies of plans and
specifications, explanatory letters of transmittal, completion of required
application forms and other information necessary to obtain permits,
licenses or other documentation required for securing permits, licenses or
permissions necessary from governmental agencies for construction. The
cost of such services is included in the fee set forth hereinafter except that
the Engineers shall not provide property surveys except as set forth
hereinbefore, legal descriptions and related services except as set forth
under EXTRA WORK.
The City shall pay for all licenses and other costs associated with permits
and licenses and said costs shall not be charged against the Engineers'
maximum fee set forth hereinafter.
GENERAL SERVICES DURING CONSTRUCTION. The Engineers shall
provide general services during construction including, but not limited to,
the following:
a. Consult with and advise City.
b. Coordinate work of testing laboratories.
c. Assist in interpretation of plans and specifications.
-2-
d. Review drawings and data of manufacturers.
e. Process and certify payment estimates of the Contractor to City.
f. Prepare and process necessary change orders or modifications to the
construction contract.
Keep and maintain documentation of the Project.
h. Make routine and special trips to the Project site as required.
Make final reviews after construction contract is completed to determine
that the construction complies with the plans and specifications and
certify that the reviews were made and that to the best of the knowledge
and belief of the Engineers, the work on the contract has been
substantially completed.
SECTION 8. RESIDENT REVIEW.
The Engineers shall provide resident review during construction including,
but not limited to, the following:
a. Provide resident review services understood to include the detailed
observation and review of work of the Contractors and materials to
assure compliance with the plans and specifications.
b. The Engineers shall provide resident review services by assigning
resident engineers and /or engineering technicians to the Project for such
periods reasonably required to ensure proper review of the construction
work.
SECTION 9. COMPENSATION. The City shall compensate the Engineers for the services
set forth herein as follows:
a. The fee for field studies, alternative development, report
recommendations as a lump sum fee of Five Thousand Dollars ($5,000).
b. The fee for final design, preparation of bidding and construction
documents as a lump sum fee of Six Thousand Seven Hundred Twenty
Dollars ($6,720).
c. Compensation for the bidding phase on a lump sum fee of One
Thousand Dollars ($1,000).
d. The fee for general services during construction shall be a lump surn fee
of Five Thousand Dollars ($5,000).
-3-
e. The fee for the construction observation and inspection including
120 hours of resident review and expenses shall not exceed Ten
Thousand Eight Hundred Dollars ($10,800) charged on an hourly basis.
f. The total fee for all engineering services for the Project shall not exceed
the sum of Twenty Eight Thousand Five Hundred Twenty Dollars
($28,520).
SECTION 10. PAYMENT. The fee shall be due and payable upon receipt of monthly
statements during the course of the Project, and proportionately with
progress thereon.
SECTION 11. CHANGES. If, after the plans and specifications are completed and
approved by the designated representative of the City, the Engineers are
required to change the plans and specifications because of changes made by
the City, the. Engineers shall receive additional compensation for such
changes which shall be based upon their standard hourly fees for personnel
engaged in making the changes. Changes made for the convenience of
accommodation of the City requiring addenda to the plans and
specifications shall constitute CHANGES.
SECTION 12. EXTRA WORK. The above - stated fee covers the specific services as outlined
in this Agreement. If the City requires additional services of the Engineers in
connection with the Project, the Engineers shall receive additional
compensation for said extra services. Such additional compensation shall be
at the standard hourly fees of the Engineers plus expenses for personnel
engaged in authorized extra work. This is applicable to CHANGES set forth
hereinbefore.
SECTION 13. SERVICES NOT INCLUDED. Services not included under this Agreement
are as follows:
a. Concrete testing such as tank corings and other intrusive testing.
b. If, after the plans and specifications are completed and approved by the
City, the Engineers are required to change plans and specifications
because of changes made by the City, the Engineers shall receive
additional compensation for such changes which shall be based upon
standard hourly fees plus expenses for personnel engaged in
performance of the work associated with making the required changes.
c. Services related to or regarding arbitration or litigation of any claim by a
bidder on the Project.
SECTION 14. INTERPRETATION OF PLANS. If problems arise during construction as to
conflicts of the proposed project above- ground obstructions, incorrect
profiles or any other defects in the plans due to errors and /or omissions by
the Engineers, the Engineers shall provide such assistance, resurveys and
other necessary services to resolve conflicts and problems at no cost to the
City. Such work shall not include conflicts with City services where it was
impossible for the Engineers to determine the elevation of such services.
SECTION 15. INDEMNIFICATION AND INSURANCE. The Engineers shall defend,
indemnify and hold harmless the City from and against all claims, damages,
losses and expenses, including but not limited to attorneys' fees, arising out
of or resulting from performance of the Agreement, provided that such
claim, damages, loss or expense is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of property including loss of use
resulting therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Engineers, the Engineers' subcontractor, or
anyone directly or indirectly employed by the Engineers or the Engineers'
subcontractor or anyone for whose acts the Engineers or the Engineers'
subcontractor may be liable, regardless of whether or not such claim,
damage, loss or expense is caused in part by a party indemnified hereunder.
The Engineers shall at all times during the performance of the Agreement
meet the requirements of the attached Schedule C.
SECTION 16.TIME OF COMPLETION. The Engineers shall complete the work outlined
in this Agreement in preparation for a February 2014 letting. The letting is
contingent upon permit approval. The goal of the Project is to be completed
by May 2014.
SECTION 17.TERMINATION. Should the City abandon the Project before the. Engineers
have completed their work, the Engineers shall be paid proportionately for
the work and services performed to date of termination.
SECTION 18. ASSISTANTS AND CONSULTANTS. It is understood and agreed that the
employment of the Engineers by the City for the purposes aforesaid shall be
exclusive, but the Engineers shall have the right to employ such assistants
and consultants as they may deem proper in the performance of the work
subject to the approval of the City. Should such employment involve a total
cost which would exceed the fee set forth hereinbefore, written
authorization by the City shall be required prior to said employment.
SECTION 19.ASSIGNMENT. THIS AGREEMENT, and each and every portion thereof,
shall be binding upon the successors and the assigns of the parties hereto
subject to the permission of the other party.
The undersigned do hereby covenant and state that this Agreement is executed in
duplicate as though each were an original and that there are no oral agreements that have
not been reduced to writing in this instrument.
It is further covenanted and stated that there are no other considerations or monies
contingent upon or resulting from the execution of this Agreement nor have any of the
above been implied by or for any party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names on the
date first written above.
CITY OF DUBUQUE, IOWA
ATTEST:
By.. By
City Manager
VEENSTRA & KIMM, INC.
By
ATTEST:
Eastern Iowa General Manager
INSURANCE SCHEDULE
City of Dubuque Insurance Requirements for Professional Services
Insurance Schedule C
� shall furnish asig,neu Certificate m Insurance m the City mDubuque, Iowa for the
coverage required m Exhibit / prior to commendn work and at the nd af the project if the trm of work
is Ionger than 60 day. Providers presenting annual certificates shall present n Certificate at the end o,
each project with the final billing. Each Certifkate shall be prepard on the most cuimnt ACORD form
approved »v the Iowa Department m Insurance n,aoequivalent. Each certificte shall include a
statement under Dcription af Operations as to why issued. Eg: Project or Lease of premises
at or construction uf
2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and
all carriers shall have a rating af A or better in the current A.M. Best's Rating Guide.
e. Each Certifkate shali be furnished to the ontracting department of the City of Dubuque.
4' Faure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of
Dubuque. Failure m obtain o, maintain the required insurance shall ue considered a material breach m
this agreement.
5. Subcontractor and ub subcontractor perforrning work o, service shall provide a Certificate o,Insurance
in accord with Exhibit 1.
6. All required endornnts to various polide shall be attached ta Certificate ofinsurance.
7. Whenever a specifi ISO fonhi is Iisted, an equwalent forrn may be substitutad subject to the proder
identifying and listing in ,.yriting all deviations and exclusions that differ from the ISO form.
S. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other
legal agreement, mcxhmu!.
9. Whenever an ISO farm is referenced the current edition of the forrn must be used.
Page 1. of 3 Schedule C, Professional nenxssApril, 2013
-8-
City of Dubuque Insurance Requirements for Professional Services
Insurance Schedule C (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the
standard ISO commercial general liability form CG 0001, or Business owners form BP 0002,
shall be clearly identified.
b} Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit"
or CG 25 03 'Designated Construction Project (s) General Aggregate Limit" as appropriate.
c) Include endorsement indicating that coverage is primary and non-contributory.
d) Include endorsement to preserve Governmental Immunity. (Sample attached).
e) Include an endorsement that deletes any fellow employee exclusion_
f) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees
and volunteers, all its boards, commissions andfor authorities and their board members,
employees and volunteers. Use ISO form CG 2026.
B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single limit)
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as prescribed by
Iowa Code Chapter 85 as amended.
Coverage A
Coverage B
Statutory—State of Iowa
Employers Liability
Each Accident 5100,000
Each Employee-Disease 5100,000
Policy Limit-Disease 5500,000
Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque.
Coverage ES limits shall be greater if required by Umbrella Carrier.
UMBRELLA LIABILITY 52,000,000
Umbrella liability coverage must be at least following form with the underlying policies included
herein.
E) PROFESSIONAL LIABILITY $1,000,000
Page 2 of 3 Schedule C, Professional Services April, 2013
-9-
City of Dubuque Insurance Requirements for Professional Services
Preservation of Governmental Immunities Endorsement
1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does
not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa
under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Cove.raRe. The insurance carrier further agrees that this policy of insurance shall cover only
those claims not subject to the defense of governmental immunity under the Code of Iowa Section
670.4 as it now exists and as it may be amended from time to time. Those daims not subject to
Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any
defense of governmental immunity, and may do so at any time and shall do so upon the timely
written request of the insurance carrier.
4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the
insurance. carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa
under this policy for reasons of governmental immunity unless and until a court of competent
jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of
Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
Page 3 of 3 Schedule C, Professional Services April, 2013
-10-