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RFP North Fork Catfish Creek Sanitary_StormwaterTHE CITY of DUB E Masterpiece on the Mississippi MEMORANDUM August 16, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Request for Proposals for Design of the North Fork Catfish Creek Sanitary and Stormwater Drainage Improvement Projects City Engineer Gus Psihoyos is recommending the issuance of a Request for Proposals for Design of the North Fork Catfish Creek Sanitary and Stormwater Drainage Improvement Projects. I concur with the recommendation and respectfully request Mayor and City Council approval. .~ Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THECTTYOF MEMORANDUM DuB E Masterpiece on the Mississippi August 15, 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer ,i J - . SUBJECT: RFP for Design of the NF Catfish Creek Sanitary and Stormwater Drainage Improvement Projects INTRODUCTION The purpose of this memo is to request authorization to release the attached RFP for the design of the channel, culvert, and sanitary sewer improvements associated with the NF Catfish Creek Drainage Improvements Project. BACKGROUND In December of 2001, the City Council formally adopted the Drainage Basin Master Plan (DBMP) prepared by HDR Engineering (Omaha, NE) for the Bee Branch and North Fork Catfish Creek watersheds. HDR recommended several drainage improvements that would all but eliminate roadway overtopping and flood damage along the North Fork Catfish Creek between the Pennsylvania/J. F. Kennedy intersection and the NW Arterial. In addition to the drainage improvements outlined in the DBMP, improvements to the sanitary sewer have been identified in the vicinity of the NF Catfish Creek DBMP improvements. On November 6, 2006, the City Council authorized the City Manager to submit an application and subsequently approved the use of State Revolving Loan funds for the project. In December of 2006 the State approved the City's application, placing the project on the Iowa Finance Authority State Revolving Fund (SRF) loan program intended use plan. DISCUSSION With the adoption of the FY2008-FY2012 Five Year Capital Improvement Program Budget, $1,659,364 has been established for the NF Catfish Creek Drainage improvements outlined in the DBMP. A description of the stormwater improvements are as follows: Penn/JFK Culvert improvements: Improve the inlet characteristics of the existing 14.5-foot diameter Pennsylvania/JFK culvert; Keyway Channel and Culvert Improvements: Remove the dual culverts at Keyway, replace them with three 10-foot wide by 8-foot high box culverts AND increase the NF Catfish Creek channel size to a 25-foot bottom width with 3(H): 1(V) side slopes from Keyway to the east approximately 530 feet; Keyway to Rosemont Channel Improvements: Increase the NF Catfish Creek channel size to a 25-foot bottom width with 3:1 side slopes from Keyway to Ellen and a 10-foot bottom width from Ellen to Rosemont with 3:1 side slopes; Rosemont Culvert: Augment the existing 6-foot diameter Rosemont culvert with an additional 6-foot diameter culvert; and Rosemont to the NW Arterial Channel Improvements: Increase the NF Catfish Creek channel from Rosemont to the NW Arterial to a 10-foot bottom width with 3:1 side slopes. The adopted FY08-FY12 CIP budget also includes $1,904,250 in funding to reconstruct and upgrade the section of the NF Creek Interceptor Sewer from the recently constructed University Avenue Extension to the NW Arterial. A copy of CIP#7101802 is attached. Figure 1 shows the location and the construction timetable of both the stormwater management and sanitary sewer collection system improvements. The proposed schedule for the improvement projects is as follows: RFPs released to the public: Responses due: Recommendation to City Manager: Engineering initiated: Initiation of Public Bidding Sought: Bids Due: Award Contract: August 21, 2007 September 10, 2007 September 19, 2007 October 8, 2007 February 18, 2008 March 5, 2008 March 17, 2008 By designing all of the improvements as one project, engineering fees will be less due to the elimination of overlapping activities such as surveying and computer model building. In addition, the City Survey Crew performed the majority of the survey work that will be required for the project, reducing the consultant costs. The estimate is $200,000 for the design of both the stormwater management and sanitary sewer collection system improvements. Engineering services during construction is estimated to be an additional $130,000. The following staff members will review the proposals and formulate a recommendation: 1. Gus Psihoyos, City Engineer 2. John Klostermann, Street & Storm Maintenance Supervisor 3. Ken TeKippe, Finance Director 4. Gil Spence, Leisure Services Manager 5. Deron Muehring, Civil Engineer II RECOMMENDATION I recommend releasing the attached RFP to the public. BUDGET IMPACT The design of the improvements will be funded from the following sources: CIP# Project Desi n Fundin 7101802 NF Catfish Creek Interceptor Upgrade -University Avenue Extension to the NW Arterial $ 97,800 7201655 Penns Ivania/JFK Culvert Headwall Im rovement $ 10,400 7201662 Ke a Culvert & Channel Im rovements $ 35,000 7201807 Ke a to Rosemont Channel Improvements $ 42,000 7201911 Rosemont Culvert Im rovements $ 14,800 FY09 Rosemont to NW Arterial Channel Im rovements $ 0 TOTAL $ 200,000 The remaining balances will be used to cover the cost of construction, easements, and engineering services during construction. ACTION TO BE TAKEN I respectfully request authorization to release the RFP for the design of the channel, culvert, and sanitary sewer improvements associated with the NF Catfish Creek Drainage Improvements Project to the public. Attachments Prepared by Deron Muehring cc: Jenny Larson, Budget Director Ken TeKippe, Finance Director Gil Spence, Leisure Services Manager Don Vogt, Public Works Director John Klostermann, Street and Sewer Maintenance Supervisor Deron Muehring, Civil Engineer II CATFISH CREEK INTERCEPTOR - KEYWAY TO N.W. ARTERIAL (12" VCP to 18" DIP) CONSTRUCTION IN FALL OF 2008 .,o~oo° poop, ia~p;~ o°oa ~0 9; ° CHANNEL IMPROVEMENTS KEYWAY DRIVE TO NW ARTERIAL CONSTRUCTION IN FALL OF 2008 °~!a dfo °oic a ~ ! ° ° ~ o0 ^ ^ ~ a a ao ddc~ ^ ^ ° g'• o ^ o' 0 ° 4 ^$.^ 0t^ 0~!0 ~.,.HQ o., °,°'0)°'p~^ ^)° °~ ~ - ..-_ u~irow sY'--O a o ° ~ o '. p fj ~ ~° p ^ °QO i ° CULVERT a s^ a ~ r~ c: ° ~ IMPROVEMENTS ~ a ; o o ;.o a ri I 'i o ¢ ROSEMONT STREET '4°°°, 3 0 ~^ ~ ~ ~~ CONSTRUCTION IN '`~~o°~° z oogo 0 0 , FALL OF 2008 '~ ° o o ~1y o _ ~ ° `` oti;° o a~ ° °° 8 ~~ ~ o (^ ° E ° .~ ~ ^ '~ 0 per ~, r _ ~~ °__ ~ '~ `r, 3 0^ ^ ^ ^ .. ^ ^ ^ ~: ^ p ~~ ^ Q ^~ ^^ ^ ` p ° ~ PE4~ISY~V~Fd d / p O ~O ~^ f \ c\ ~ I ao ~.. 6~ Q~ q ^' ~~C ~ ~ 1 v °o ° ° o ~'~ J 0{ ~' o . ° _ ~~o0 6,1~ o o! _ ~~ duo' o,~' ~ ~ (l , 4~ ~ C7 ~~/ ! ~ ~ nn Q 1 U s ~ °~'' i 3 ~ ^ ° °~~ o -- o d a ° o . i~.; -CULVERT & CHANNEL IMPROVEMENTS KEYWAY DRIVE CONSTRUCTION IN SUMMER OF 2008 CATFISH GREEK INTERCEPTOR NORTH OF PENNSLYLVANIA AVENUE TO KEYWAY (12" VCP to 24" DIP) ~;ONSTRUCTION IN SUMMER OF 2008 CULVERT IMPROVEMENTS PENNSLYLVANIA AVENUE & JFK CONSTRUCTION IN SPRING OF 2008 CATFISH CREEK INTERCEPTOR KENSINGTON PLACE TO NORTH OF ' PENNSLYLVANIA ~' (12" VCP to 24" DIP) °am~ CONSTRUCTION IN SPRING OF 2008 ~ ~.~ ~, o ° ! ° i o 0 0 oa ° ~_, ~o ~ o _.... ~ a~ tea '; k ~j IV~ . t~ p°Opp°• pot . ~ . ^ . i~iawe ^ o: ` p Q U ~}goo0oao o 0 .. pO~oooaoabp° ~ 8 ~ ~ f ° ~ '^ Q SoQ°aood _~~ app pp P°°p Q I ° ~ o a , Q North Fork Catf`sh Creek ~~~ ~„ CATFISH CREEK INTERCEPTOR UNIVERSITY AVENUE TO ° ° ° ° KENSINGTON PLACE 7 ~ o~,o ~~ (12"VCP to 24"DIP) ° e ". ° o ; 6 CONSTRUCTION IN SPRING OF 2008 ° 6 _ Q ^ , ° Q " Q o Did `° s; 0 .' noo mCJ° \, ~of] 4 - d \l 1 ~_ o,o ~~~ Q O ~~004~: o ~ , ~~ `~^~~~0 a ,a ~ ~ t ~,1 0 c ' ° ~' o B .o ~.~:~ ~° ~, ,o ~ o ~ 0 . ~ ,-i/e ,.. Q. q ~ o -a ySl~ AVE. ~ 0 Y DODGE STREEr REQUEST FOR PROPOSAL (RFP) THE CITY OF ISSUE DATE: August 13, 2007 DT TR ~ CONTACT: Deron Muehring PHONE NO: 563-589-4270 V L FAX NO: 563-589-4205 Masterpiece on the Mississippi EMAIL: dmuehrin@cityofdubuque.org SUBMIT PROPOSAUOFFER PRIOR TO: SUBMIT TO: CLOSING DATE: September 10, 2007 SEE Section 8.0 CLOSING TIME: 2:00 P.M. local time FAX/EMAIL NOT ACCEPTED DESCRIPTION: Design of the North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements o RECEIPT OF PROPOSAL ACKNOWLEDGEMENT If you are considering a response to this RFP, please mark the box to the left, fill in the information below and return this sheet as a confirmation that you received this RFP. a NO RESPONSE REPLY If you do not want to respond to this RFP at this time, please mark the box to the left, fill in the information below and return this sheet onl . COMPANY NAME: DATE: MAILING ADDRESS: CITY/STATE: ZIP CODE: AUTHORIZED SIGNATURE: PRINTED NAME: TITLE OF AUTHORIZED REPRESENTATIVE: EMAIL: PHONE: Page 1 of 31 THE CITY OF DUB E Masterpiece on the Mississippi GITY OF' DUBUQUE ENGINEERING DEPARTMENT REQUEST FOR PROPOSAL North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements City of Dubuque, Iowa August 2007 North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements Page 2 of 31 RFP ORGANIZATION North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements Table of Contents: SECTION PAGE 1.0 Introduction .................................................................. 4 2.0 Project Objectives ......................................................... 5 3.0 Community Background ................................................... 6 4.0 Project Scope of Services ................................................ 6 5.0 City Resources .............................................................. 9 6.0 Information to be Included in the Proposal ........................... 10 7.0 Proposal Questions and Answers .................................. 12 8.0 Submission Requirements ............................................... 12 Appendix A Consultant Evaluation Selection Process ........................... 14 Appendix B RFP Rules and Protest Procedure .................................... 18 Appendix C Insurance Requirements ................................................. 20 Appendix D City of Dubuque Contract Terms and Conditions .................. 28 Appendix E Project Related Data ...................................................... 31 North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements Page 3 of 31 North Fork Catfish Creek Stormwater THE CITY OF & Sanitary Sewer Improvements DUB E Masterpiece on the Mississippi Consultant Professional Services Request for Proposal August 2007 1.0 INTRODUCTION The City of Dubuque, Iowa is soliciting competitive proposals from qualified consultants to provide engineering design services for the City's North Fork Catfish Creek stormwater and sanitary sewer improvements. Stormwater Improvements In December of 2001, the City of Dubuque City Council adopted the Drainage Basin Master Plan (DBMP) as prepared by HDR Engineering (Omaha, NE). See enclosed CD-ROM to review DBMP. The DBMP includes several improvements in the North Fork Catfish Creek watershed; they are: ^ Penn/JFK Culvert improvements: Build structural concrete headwall around existing 14-foot diameter culvert; ^ Keyway to the east Channel Improvements: Increase channel size to a 25-foot bottom width with 3 (H) to 1 (V) side slopes (530 feet); ^ Keyway culvert improvements: Remove existing culverts and construct 3-10'x8' Reinforced concrete boxes; ^ Keyway to Rosemont Channel Improvements: Increase channel to 25-foot bottom width from Keyway to Ellen and 10-foot from Ellen to Rosemont with 3 (H) to 1 (V) side slopes. ^ Rosemont Culvert Improvements: Construct an additional 6-foot diameter culvert; and ^ Rosemont to the NW Arterial Channel Improvements: Increase channel to 10- foot bottom width with 3(H):1(V) side slopes. Sanitary Improvements In March of 2004, the City funded an evaluation of the sewer referred to as the "Key Way sanitary sewer system." Based on the recommendations of the study prepared by Veenstra & Kimm, Inc., the City Council established $1,904,250 to upsize the Catfish Creek interceptor sewer line from University Ave. Extension at US20 to the NW Arterial. The project consists of replacing the existing 12-inch diameter clay sewer with a 24-inch North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements Page 4 of 31 diameter ductile iron sewer from University Avenue to Keyway and replacing it with an 18-inch diameter ductile iron sewer from Keyway to the NW Arterial. The City has completed a topographical survey from University Avenue to Keyway. The use of Clean Water State Revolving Funds (CWSRF) has been approved for the design of both the stormwater and sanitary sewer improvements. The consultant will be responsible for ensuring compliance with terms and conditions of the CWSRF program. The anticipated timeframe to design the improvements is approximately four months following the signing of a professional services agreement/contract. The selected consultant will be expected to complete the contracted scope of work within the specified timeframe, under the general direction and coordination of the City's Engineering Department as authorized by the City Council. The City's goal is to initiate the public bidding process for the first section of the improvements in February of 2008. 2.0 PROJECT OBJECTIVES The objectives of the project are to: 1. Establish an alignment for the sanitary sewer and stormwater improvements that balances hydraulic functionality and optimal use of existing easements and ROW; 2. Identify and obtain interest in any additional property required to construct the improvements; 3. Design the improvements based on the information provided in the DBMP, topographical survey, and geotechnical investigations; and 4. Prepare bid documents (plans and specifications) for the construction of the improvements outlined herein. The project will be bid as at least two individual construction projects. The first will be for the work from University Avenue to Keyway and the second from Keyway to the NW Arterial. Depending on input from the Consultant and the design schedule, the first leg could be separated into multiple construction contracts. In addition to providing design services, the Consultant may be asked to perform construction services such as staking and inspection. The City's budget for engineering services is as follows: Design (Survey through bid documents) $200,000 `Construction Services (Staking and inspection) $130,000 *City may not choose to hire a consultant for these services. North Fork Catfish Creek stormwater & Sanitary Sewer Improvements Page 5 of 31 3.0 COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a population of approximately 60,000 people. The City's annual operating and capital budget is nearly $108 million and funds a full range of services. The City's web site is www.cityofdubuque.org. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education and employment center for the tri-state area. Tourism continues to be a major economic force in the community. City government works in collaboration with the private sector to promote economic development. 4.0 PROJECT SCOPE OF SERVICES Although the scope of services or the project plans may be divided, truncated, phased, or expanded at the sole discretion of the City of Dubuque, the proposal shall outline the means and methods by which the consultant will provide the scope of services identified herein. 4.1 Project Management The consultant shall identify one person to serve as the Project Manager for this project. The Project Manager shall be the primary point of contact for the exchange of all information between the city and consultant team. The Project Manager will be required to perform the following: 4.1.1 Maintain an updated project schedule for the duration of this project. The project schedule shall be maintained in electronic format using Microsoft Project software and shall contain line items for all major components of the project and any significant components; 4.1.2 Maintain an updated Total Project Cost (TPC) budget for the duration of this project. In addition to providing preliminary estimates Cost as required in Article 2, the Project Manager shall submit to the Owner on a monthly basis a TPC budget. The TPC budget shall be completed using the best available information at the time of submittal in order to provide an estimated .total cost for all major components of the project; 4.1.3 Prepare and submit to the Owner a bulleted progress report for the project on a monthly basis. The summary shall contain a list of major events and accomplishments that occurred over the previous four weeks; 4.1.4 Oversee the design of the stormwater and sanitary sewer improvements North Fork Catfish Creek stormwater & Sanitary Sewer Improvements Page 6 of 31 4.1.5 Work closely with all permitting authorities to obtain all necessary permit coverage in a timely manner (e.g. NPDES Construction Site Permit, Floodplain Permit, Section 404 permit, etc.); 4.1.6 Contact (Iowa) State Revolving Fund Coordinator Patti Cale-Finnegan early in the project. It will be the Project Manager's responsibility to ensure adherence to the rules and requirements intrinsic to the Iowa State Revolving Loan program; and 4.1.7 Secure contact of and communication with property owners, public agencies, and other parties of interest in person and through written correspondence necessary to complete the requirements of this project. Utility companies must be contacted early in the project. All existing utilities shall be located and included in all surveys and/or resultant plans. Copies of topographic survey base sheets shall then be provided to all utility companies serving the project area for their review. Electronic files or disk copies of the base sheets shall also be made available. Utility facilities and infrastructure shall then be incorporated into all project plans. 4.2 Engineering Analysis 4.2.1 Hydrologic and Hydraulic Modeling The consultant shall verify that the hydrologic and hydraulic characteristics of the proposed stormwater management improvements meet the characteristics set forth in the DBMP as "Alternative No. 2" (See page 3- 18 in the DBMP). Field measurements of the upstream NW Arterial Detention Basin outlet structure may be necessary. The City has electronic asbuilt contours of the basin. The hydrologic model (HEC-HMS) prepared by HDR Engineering will be made available for use. 4.2.2 Site Characterization -Data Collection The consultant must collect all data necessary for the design and construction of the improvements. 4.2.2.1 Detailed Ground Survey Although the consultant will be supplied with the City's topographical survey from Keyway to the University Avenue Extension at US20, the consultant will have to perform additional survey work to complete the design of the improvements. The ground control and elevations are to be referenced to the City's existing geographical information system; All surveys shall be tied to NAD 1983 State Plain Iowa North FIPS 1401 (feet). It will be the consultant's responsibility to field-locate structures, North Fork Catfish Creek Stortnwater & Sanitary Sewer Improvements Page 7 of 31 utilities, and easement limits etc., to establish and protect limits of disturbance zones during construction. 4.2.2.2 Geotechnical inspections The consultant shall provide or obtain geotechnical services to perform an investigation (soil borings/testing) as needed to make determinations as to the existing soil conditions and the location of rock and how the conditions impact the design and construction of the proposed improvements. 4.2.2.3 Additional Relevant Data The consultant will be responsible for collecting any additional data that is necessary for the design, construction, and maintenance of the proposed improvements. 4.3 Design The design of the improvements shall at a minimum address/include the following: ^ Grading Plan; o SWPPP and Erosion & Sediment Control Plan; ^ Aesthetic Treatments (Landscaping); ^ Access Paths or Roadways (Temporary & Permanent); ^ Construction Plans & Specifications; ^ Agency Coordination; and ^ Permit Applications. 4.3.1 Conceptual Design with Cost Estimate The purpose of the conceptual (15%) design is to ensure that the City concurs with the proposed functional details and the proposed alignment/location of the proposed improvements. Multiple meetings with the City Engineer may be necessary prior to the City's approval of the conceptual plan. One particular challenging aspect of the project is the design of the sanitary sewer through the Pennsylvania and J. F. Kennedy intersection. The sewer depth, presence of rock, location of buildings, and the high traffic volume complicates the design. Multiple options must be offered for the City's consideration. No work shall proceed on the preliminary design until the City Engineer concurs with the conceptual design elements. 4.3.2 Preliminary Design with Cost Estimate The purpose of the preliminary (30%) design is to ensure that the City concurs with the proposed functional details and the proposed alignment/location of the proposed improvements. Low maintenance requirements and landscaping are an important part of the design so that the project contributes positively to the North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements Page 8 of 31 aesthetics of the neighborhoods. In addition, the use of existing and potential need for additional property/ROW must be balanced with a sound hydraulic design, functionality of the improvements, and the future maintenance requirements associated with the improvements. To construct the improvements, additional property may be required. This will necessitate the consultant to prepare plats indicating metes and bounds, tie lines, etc. of property(s) needed to accommodate project permanent ROW/easements and any temporary construction easements. Work to produce the plats should not commence until the City Engineer approves the elements of the preliminary design. 4.3.3 Final Design and Construction Documents with Cost Estimate The final design tasks/deliverables shall at a minimum consist of: ^ 90% Construction Plans ^ 90% Construction Documents o Presentation to City staff ^ Final Plans and Specifications with Cost Estimate The Consultant shall be required to complete all of the specifications required to complete the bid documents. The detailed specifications shall include, but not be limited to, cover in sufficient detail the type and quality of materials, required tests and guarantees, methods of construction unrelated to OSHA requirements, sequence of construction, and all other information required for the construction of the project. Consultant shall provide a set of reproducible paper and electronic (ACAD) construction plans and specifications signed by a Professional Engineer licensed in the State of Iowa. The plans shall include a minimum of three indivisible control points to establish horizontal and vertical control for the project. The points must be tied into the City's GIS and must have at least three ties to identify their location in the field. 5.0 CITY RESOURCES 5.1 Use of City Resources for the RFP Preparation All information requests shall be directed to the City's Project Manager as detailed in Section 7.0 of this request for proposal. 5.2 Material Available for the RFP See Appendix E. North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements Page 9 of 31 5.3 City Resources Available to the Selected Vendor The City will make DAGIS (Dubuque Area Geographical Information System) data (contours, property lines, property ownership, storm & sanitary sewer systems and aerial photography) available for this project as well as staff contact/resources persons in the Information Services Department and Engineering Department. 6.0 INFORMATION TO BE INCLUDED IN PROPOSAL The submitted proposal should address all aspects of the required work discussed in this RFP, including any cost information which should be included in the submittal and clearly titled "Project Cost Estimate". The proposal should be prepared simply and economically, providing astraight-forward, concise description of the consultant's capabilities to satisfy the requirements of the RFP. To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the manner specified below. While additional data may be presented, the following subjects must be included. They represent the criteria against which the proposal will be evaluated. 6.1 Letter of Transmittal Provide a letter of transmittal briefly outlining the Proposer's understanding of the work and list the project manager's name, address, telephone number, fax number and a-mail address. The name that is provided for the project manager will be used as the primary contact during this RFP process. The Letter of Transmittal must include from the Proposer a conflict of interest statement that explicitly states that the Proposer understands and agrees that the Proposer awarded this Construction Manager contract, its firm and subsidiaries of its firm shall not be eligible to bid, or to participate in the preparation of any bids for the City of Dubuque's Port of Dubuque Public Parking Facility Improvement Project. 6.2 Index Each proposal shall contain a table of contents that delineates each section contained in the proposal and the corresponding page number. 6.3 Profile of Firm Provide general background information about the firm and its areas of expertise as they relate to this RFP. Include information about the key project team members who will be assigned to the project and their areas of expertise that will be utilized on the project. Include a flow chart that shows the communication North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements Page 10 of 31 path between the city and key project team members. Include all project team members on the flow chart and show the supervisory relationship between all members of the team. 6.4 Proposed Project Team Qualifications Describe the experience and success of the Firm and key personnel proposed for the Dubuque project, in performing similar projects. Specifically include any experience and success the firm or key personnel have in working on sanitary sewer, culvert, and ditch/waterway design. Include at least 3 client references (including individual contact name and telephone numbers) from similar projects that have been completed in the last five (5) years AND the list the names of project team members proposed for the Dubuque project who have worked on the referenced projects. Describe the name and location of other sub-contracting firms that would be used by the Consultant during the project. List the approximate percentage of the work that would be performed by each of these firms. Briefly describe any relevant experience and qualifications of the sub-contracting firm. 6.5 Scope of Services Describe the means or strategy by which the Consultant would satisfy the Scope of Services. Include a copy of the sub consultants completed Work Breakdown Structure (WBS) for the project (See Appendix E), and clearly mark the services which your firm will provide as main consultant. Only mark services that are included in your proposed fee. At a minimum, the submitted WBS should include the services required by the RFP. The Consultant should indicate in the WBS any work items that are expected to be completed by City staff. 6.6 Proposed Project Schedule Provide adesign/construction project schedule outlining the time period and estimated completion date of the proposed scope of work. This should include a schedule and description of all deliverable reports/documents throughout the project. The construction documents for the first leg of the project should be ready for public bidding in January of 2008. 6.7 Certificate of Insurance The selected firm will be required to meet the City's insurance requirements for professional services. (See attached Insurance Schedule C/Appendix C.) 6.8 Fees and Compensation Provide a fixed fee budget for completion of the proposed scope of services with cost breakdowns by major scope element. The Consultant will be progressively North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements Page 11 of 31 paid for the earned value of progress made for each major scope element completed, plus reimbursable expenses, subject to the agreed upon Not-to- Exceed amount as written in the signed contract. Invoices shall be paid on a monthly basis. Quotation of fees and compensation shall remain firm for a period of at least 60 days from the RFP submission deadline. 7.0 PROPOSAL QUESTIONS AND ANSWERS If you have any questions concerning this proposal, or other technical questions, please submit your requests to the City's designated Project Manager. The City has used considerable efforts to ensure an accurate representation of information in this RFP. Each Proposer is urged to conduct its own investigations into the material facts provided. No answers given in response to questions submitted shall be binding upon this RFP unless released in writing (letter, fax or email) as an officially numbered and titled addendum to the RFP by the City of Dubuque. Any questions concerning this proposal must be received on or before 12:00 p.m. CDT on September 3, 2007. Any inquiries received after this date will not be answered. When submitting a question to the Project Manager, please include the appropriate Consultant contact information. From the date of issuance of the RFP until final City action, the Proposer shall not discuss the RFP with or contact any other City of Dubuque staff or any of the Selection Committee members except as expressly authorized by the City representative identified in this section (Section 7.0) for this proposal. Violation of this restriction will be considered a violation of the rules and be grounds for disqualification of the Proposer's proposal. Project Manager contact information is as follows: Deron Muehring. City of Dubuque Engineering Department 50 West 13th Street Dubuque, IA 52001 8.0 SUBMISSION REQUIREMENTS Phone 563.589.4270 Fax: 563.589.4205 E-mail: dmuehrin@cityofdubuque.org Before submitting a proposal, each Proposer shall make all investigations and examinations necessary to ascertain site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the Proposer will rely. North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements Page 12 of 31 PROPOSAL SUBMITTAL INFORMATION ^ Submittal Deadline: September 10, 2007 on or before 2:00 p.m. CST ^ Submittal Mailing Address: City of Dubuque Engineering Department c/o Deron Muehring 50 West 13th Street Dubuque, Iowa 52001-4864 ^ Submittal Copies: Seven (7) hardcopies and one electronic (pdf) copy of the proposal shall be provided. Submit one (1) original signed proposal and six (6) copies all labeled North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements. Submitted proposals must be in delivered in printed format. In addition, supply one (1) electronic version of the proposal in Adobe Acrobat format. No faxed or a-mail proposals will be accepted. The proposal must be a document of not more than twelve (12) numbered 8-1/2 x 11-inch pages, not including the letter of transmittal, index, project schedule, dividers and the front and back covers. Proposals should not include any pre-printed or promotional materials. Any proposals exceeding 12 numbered pages may not be considered. The original proposal document shall be signed in blue ink by an officer of the company who is authorized to legally bind the Proposer to its provisions. Proposals are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than sixty (60) calendar days from the proposal closing date is required. Each Consultant assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. Any proposals received after the submittal deadline will not be considered, and will be returned unopened to the Proposer. The City of Dubuque will not be responsible for any loss or delay with respect to delivery of the proposals. The City of Dubuque is not liable for any cost incurred by any Consultant prior to the execution of an agreement or contract. Nor shall the City of Dubuque be liable for any costs incurred by the firms in responding to this RFP and those not specified in any contract. All results from this project will remain the property of the City of Dubuque. Thank you for your consideration and interest in the project. Sincerely, Deron Muehring Civil Engineer II City of Dubuque North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements Page 13 of 31 North Fork Catfish Creek Stormwater THE CITY OF - & Sanitary Sewer Improvements DUB E Masterpiece on the Mississippi Consultant Professional Services Request for Proposal August 2007 Appendix A Consultant Evaluation and Selection Process Page 14 of 31 INITIAL EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. A selection committee of City of Dubuque personnel will review qualifying proposals and select Firms for placement on the Consultant short-list for the project. The following criteria are among those that will be used to initially evaluate submitted proposals. 1. The proposed project team's level of professional competence and a proven track record in: ^ Designing large diameter sanitary sewers, large diameter culverts, and natural waterway improvements; o Applying for and obtaining the permits that will be required for this project; ^ Working on municipal capital improvement projects in Iowa; and ^ Working on projects funded by the State Revolving Fund loan program. 2. The proposed project team's experience working together on similar projects. 3. The quality of the proposal based on the: ^ Demonstrated understanding of the City's overall objectives; ^ Design approach/methodology in completing scope of service; ^ Level of interest; ^ Knowledge of the project site; o Proposed schedule; o Creativity and problem solving ability; ^ Ability to demonstrate initiative and motivation; and ^ Local economic impact. CONSULTANT SHORT-LIST EVALUATION CRITERIA A selection committee may or may not interview short-listed firms. If interviews are held, both the original submitted proposal and the results of Consultant interview may be used to evaluate consultants. In addition to the evaluation criteria listed above, interviews will be judged on the consultant's: Page 15 of 31 ^ Responsiveness and compatibility with the City; o General attitude and ability to communicate; ^ Ability of the Consultant to communicate ideas through prepared documents and presentations; o Ability to listen, be flexible, and follow and/or implement direction and/or ideas or concepts; ^ How the Consultant team would interact with the general public, City staff, and public officials; and ^ Proposed fee in relationship to the services offered. The City may also review direct and indirect references of previous work product. The City may utilize site visits or may request additional material, information, presentations from the Proposers) submitting the proposals. SELECTED VENDOR FEE NEGOTIATION PROCESS Upon the successful completion of Consultant interviews, the committee shall recommend the selection of a Consultant to the City Manager. The City Manager may in turn make a recommendation to the City Council. A finalized scope of work and fee structure shall be directly negotiated with the Firm that is selected by the Dubuque City Council. After the City Council grants authority to negotiate a final scope of work and execute a contract for the project, the Consultant shall prepare and submit to the City a separate Work Breakdown Structure (WBS) to reflect the Firm's approach to the project. The City's WBS -Vertical form shall be used by the Consultant. The WBS, at a minimum, should include work tasks for each of the components outlined in the RFP, a separate line item for each deliverable, and the WBS should include project management as a separate task. Each major task/scope element of the WBS shall have a defined cost and schedule. The consultant shall indicate in the WBS the work tasks that will be completed by City staff. Once the selected consultant has prepared the WBS, the final scope of work for the project will be negotiated with the City by joint revision to the WBS in order to best meet the goals of the project while considering available funding. During the negotiation process, tasks to be completed by City staff, work reassignment to different project team members, and addition or elimination of tasks may be modified on the WBS in order to achieve the best overall results for project. The selected consultant shall be responsible for preparing and revising the final WBS. When the final scope has been determined and a design fee has been negotiated and the WBS has been finalized, the consultant shall incorporate the WBS into the contract documents being prepared for Page 16 of 31 signature. The Consultant shall also include in the final contract documents, the language contained in Appendix D -City of Dubuque Contract Terms and Conditions. If a contract satisfactory and advantageous to the City c considered fair and reasonable, the award shall be made negotiations with the offerer ranked first shall be formally commenced with the Consultant ranked second, and so negotiated that is acceptable to the City. an be negotiated at a price to that offerer. Otherwise, terminated and negotiations on until a contract can be Page 17 of 31 North Fork Catfish Creek Stormwater THE CITY OF & Sanitary Sewer Improvements DUB E Masterpiece on the Mississippi Consultant Professional Services Request for Proposal August 2007 Appendix B RFP Rules and Protest Procedure Page 18 of 31 MINOR IRREGULARITIES The City reserves the right to waive minor irregularities in submitted proposals, providing such action is in the best interest of the City. Minor irregularities are defined as those that have no adverse effect on the City's best interests, and will not affect the outcome of the selection process by giving the Proposer an advantage or benefit not enjoyed by other Proposers. EXCEPTIONS Proposer exceptions to any part of the requirements stated in this request must be clearly identified as exceptions and noted in the transmittal letter and in the submitted budget. RANKING OF THE PROPOSALS No debriefings or scoring information shall be released before the City Manager has recommended that a contract be negotiated with the recommended firm. However, after said authorization has been given, all contents of the selected proposal shall become public information. DEFINITIONS The City has established for the purposes of this RFP that the words "shall", "must", or "will" are equivalent in this RFP and indicate a mandatory requirement or condition, the material deviation from which shall not be waived by the City. A deviation is material if, in the City's sole discretion, the deficient response in not in substantial accord with this RFP's mandatory conditions requirements. The words "should" or "may" are equivalent in this RFP and indicate very desirable conditions, or requirements but are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not in and of itself cause automatic rejection of a proposal, but may result in being considered as not in the best interest of the City. DISPUTES/EXCEPTIONS Any prospective Proposer who disputes the reasonableness or appropriateness of any item within this RFP document, any addendum to this RFP document, notice of award or notice of rejection shall set forth the specific reason and facts concerning the dispute, in writing, within five (5) business days of the receipt of the proposal document or notification. The written dispute shall be sent via certified mail or delivered in person to the point of contract set forth in Section 7.0, who shall review the written dispute and work with the City Manager to render a decision which shall be considered final. Page 19 of 31 THE CITY OF North Fork Catfish Creek Stormwater DUB E & Sanitary Sewer Improvements Masterpiece on the Mississippi Consultant Professional Services Request for Proposal August 2007 Appendix C Insurance Requirements Page 20 of 31 INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A better in the current A.M. Best Rating Guide. 2. All policies of insurance shall be endorsed to provide a thirty (30) day advance notice of cancellation to the City of Dubuque, except for 10 day notice for non- payment, if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non-contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunities Endorsement. shall also be required to provide Certificates of Insurance of all subcontractors and all sub-sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the same insurance requirements as required of 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. Contractor shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 Page 21 of 31 INSURANCE SCHEDULE C (Continued) INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE This coverage shall be written on an occurrence form, not claims made form. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97 `Designated Location (s) General Aggregate Limit' shall be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers shall be named as an additional insured on General Liability including "ongoing operations" coverage equivalent to ISO CG 20 10 07 04. b) Automobile $1.000.000 combined single limit c) WORKERS COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee Disease $ 100,000 Policy Limit Disease $ 500,000 d) PROFESSIONAL LIABILITY $1,000,000 e) UMBRELLA/EXCESS LIABILITY NONE Insulrance 9t~b~nitts~~ CO1~1~-~ en Checkl~~t ^ Certificate of Liability Insurance (2 pages) ^ Designated Location(s) General Aggregate Limit CG 25 04 03 97 ^ Additional Insured CG 20 10 07 04 ^ Governmental Immunities Endorsement Page 22 of 31 _. ~C~-~ CERTIFICATE t~F LIABILITY INSURANCE MTE IMI4U011fYYY- ~ ~~ (563 556-0272 FAX (563) 556-4425 o2~2a~2oos THIS CERT`IFICAT'E 18 ISSUED AS A MATTER OF INFQRMATIQN INSl61ANCE AGENCY ONLY ANO CONFERS NO RKiHTB UPON THE CERTIFICATE STREET AiIDRESS HOLDER THIS CERTIFICATE GOES HOT AMEIID, EKTE!!10 dR CITY TAT ALTER THE CO,gVERAOE AFFORDED gp THE POLIC IES BE , S E. LIP CODE INSURERS AFFOROgM(3 COVERACIE NAIL # CoT~reny - -- n+suaEA ~ Insurance Colrpany , Street Address ~, -- _ _... . . SURER B __.--- City, StatQ, Z1R COde __ _ . _.___.__ ~~_ _ #JfiItRFRC j KMSURER 4 !MYUN.lN E TI1E F'dtIC1ES (1~F INlslIF7AM(:E LISTED BEl.04Y FIAVf BEEN ISSUED TO THE INSURED N'rIWELlA9Qh~ FOR TtiE POLIO' PERfgD MdINCATED NPTWITHSTANDiM lM1Y RE4UIREMENT, TERM OR CONQITION OF AAIY CONTRACT OR OTHER DOCUMEPIT NYIT}I RESPECT TO 1NHICH THIS CERTIFICATE WIRY Est 1:i31iFp QR kIAY PFRTA~J, TI~tF MISURAHCE AFFORQED BY THE POLICIES DESCRIBED HEREIN {g SUBUECT TO ALL 1 Ht i EFCM5. EXCLt1S1(iNS AND CONDITIONS OF SUCH FOIFGIE&. A{3©Rff3ATE LMWITS SlibwN u-av IuvF IIFCU oavu ~rsr~ sv w.~n r. wr.c. - ---~.__..., w,._ TYPE Oi INltMtA11CE _ - _ ~ _~. __._ ___ POLICY NtlI1~i11 .. _ POLICY EiiFCTWI. . ., _- IQY 6]IWRA N _ ---- L~!IIT9 OENERAt LIAAfl.RY X EACH OCCURRFNCF ~~_ S -"-N ..j OOO '~C+-M11FBtC14l trEr1EW\L LIAHIUIY ~ DAMA4f TO RCWT~17 ...~~ • ~ S0, c-nals wu~ n OG%UR ~ AEI-EXf+ A _ _ _ _ _ A X -- - ~( uy;rv,;~„,,,r~y _,w,_m.. . . s S . i . _~ . +=e~sow~ a pav INJURY ~ 1000 ~~_ :~NEWN.Aw[3HidwA1E 3 .. --- ~-.--,.w,.....m 2 , OOO ~ CilMl p{iS;HFC;A-F IJMR APp(IF$pTR . .._.. ARDIA.+C'S 1:(]IAPK]P A[ic: -_ S 1000 IKJi.. CY , . At/TO1WBMli 4AAEY.iTY ~ X pNr'.4; rrn ~ ,1 /,'' f~/ y CV~~~'V S~ I~~~ r ~ ~' i,QA18M1ED 91NGtE --+MII ~ j~ / / ,,ra ~~,~ AL. 3'NMED ALtTTOS ~ // '' ~`r E-CI[tlt.Y IretuRy ! A x SCHEUUI.E~.4UT0] " I irbr~ersm; Nrlan.arrrrs ~-- _ _... _ .. __ NMaN-bWNFfS AUTO$ ~~ O ~ f~ ~ QI~_ ~ ~[F: YiN~-GY ~ _._. __.. _.__ NPb(JF'EKIYLwd~Mbk ; lila! a:a`k7r A} MRJWE ulAwurti .~tTTD oNLY uaccrnerrT s 4 ( ! OTHER TWW IAM;I: ; fiIOCE~IMOREWI LNMLITY ~, i1SX:IIN ~ fACI.OC:CURgiMCE ~ 1 ~ OOQ ~ AC3CirtEC.ATE _ E I, 000, 0 ~ ~~ ~C7UC1@-LF. __._.. _ .. ___ x I R£7FNTIf!4 t b T YIOIM(EIIRCQMPEN!lATION AlYD Z V+[:. pTIF bTN- FIIPLOY~' uA«IUrY _. /~ AIfYPRC1pRE?URiPi1R'MER;[7IFrti11"N[ OFiIC~tt L-XGLUOt 'f CL LA~CHp.GI,'d7ENT .. .-~. 5 100.0 _ iI k L 11121k1UiE t,A ENpId+'F _._~ . ~. Z lOO O SPECIAL PNC3VISWN9 Wlcw '; € t_ OTSE/5sE - °C~tiCYL>sNT ~ 5 'BOO O IoIUAL LIABILITY sl,ooo,ooo HE CITY OF 01;IB Q IE ~ ANf p Q ~1 ~ I~~il~E7N~~L~~j __.__.... ? _..~ ~LICIES INCA _ !oN[YfTlwr. z ttylEO1 rrrn rtunrtons C©YERAGE EQUIVILAMT TO ISO CG 201.0 0704 i CJG 2037 0704, GENERAL LIABILITY POLICY L4 PRIMARY NON-CONTRIBUTING. FORM CG 2504 0397 "DES1dUATEO LOCATIONS"' GENERAL LIABILITY AGGREGATE LIMIT SHALL BE NCLl1DE1}. GOVERNMENTAL IMMUNITIES ENDORSEMENT IS INCLUDED. ALL POLICIES OF INSIgtANCE SHALL BE ENDORSED D PROhfIDE THIRTY (30) 0u1Y gpyANC6 NOTICE OF CANCELLATION TO THE CITY Of DUBUQUE. CITY OF DUBUQUE CITY HALL 50 W. I3TH STREET aueuQUE, IA s2001 ICORD xts 120011 SHOULD A11Y OF THE AEICIYE OE9CRIBIED POl1ClEf EE CANGlLLlO elPOIIIE III! iIIEINAnLiN CN.TE fiHETrfOF, THE LINO EgU(EEfl 1MLL ~ YAJL 3D O0.YS W1111'fiCli MOTTCC fio fiHE GEATtF1GI-TE hgLDER NAMIEO TO ilgi LIFT, lf~f0iifl~f et8]CI18ifOfilXX ~~ _ xxxxx~cx AUflldtl?2D IIEPNE'SENTATIStb!! JUNE 2048 esat:nlzn Page 23 of 31 IMPORTANT tf the oertl/icate hdder is en AL7UI TIQtVA1 INSURDD, the policy(iea) must tie endon3ed. A statement am thhr certificate does not c~rTter rights to the oertitipte fielder in lieu od such endorsement(s). If SUBRflGATIOIwI IS WAIVED, sut~ject to the terms and aonditiorls of the pdicyr, certain pdicies may require en endorsemerrt. A stetemerrt on this certiric~te does neQ confer rights to the oertficela kidder in Neu of such Endorsement(s). DtSCtJItNiER The CertltiGete of Insurance on the reverse side of ihie lam does not aonstiluGe a contrail between ttbar kasuirtg insuror~(s), atrtlwrized n~xesentatiwe or producer. ertd the oerttticete hdcler, nar does k elftnnaihredy or nepadveiy amend. extend a atber the envttraye afbrded by the pdtcies listed tfiereon. SPECIMEN JUNE 2005 Page 24 of 31 R©L.1CY NUMBER: COMMEftiCiAl GENERAL LIA6ILITY CG 2S 04 03 9T THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. DESIGNATED LQCATIC7~f{S} ~GENERA~ AGGREGATE L1NfIT T'!tiis enaorsemerrt modifies insurance provided under the foeowtng: COMMERCIAL GENERAL LfABfLRY COVERAGE PART SCHEDULE AtdY ANL> ALL COVERED Lt}CAT~t7N5 (tf no entry apptars above, information required to comple ee will bE shnwn in tt'ia rleri~r~~innc a~ a~7~iGdDIC 10 7x115 CflOOr5CnlerlR,) A For all sums which the insuntd becomes legally obtlgatsd to pay as dantagQS posed try 'occurr'ences' under COVERAGE A (SECTION n, and for at6 medical expenses r~uxed by scci- derrts under COVERAGE C (SECTI©N ~, which can t1e attrit}uted only to operations at s mingle designated `location' shown in the Schedule stases: 1. A separate Designated l.acatfan General A98rn9ate L"~mit applies to each designated 'Iocation'~ and that limit is equal to the amount of the t3erlerai A04~9ttte Lim1t shown in file Dsclarationa. L The Desipnatdi Locatiorf General Agpregat2e Um~ is the most we v~I pay for the sum of a8 damages under COVERAGE A, except dance ages txcauss of "bodily Jury' ar `property damage' included in ttfe •produds-camptated opetations hazard', mid for medical expenses under COVERAGE C regsudlvss at the, num- ber af: a. Insureds; CG 2S 04 03 97 Page 25 of 31 b. Claims made os'sufts' trraught; ar ¢. Persons or acganizetions making G>ltm6 ar txtnping •sulis'_ 3. Any payments made urrdar COVERAGE. A for damages ar under COVERAGE C for medical expenses shall reduce the pes~- nated t_ocallon General Agprr.Qa~ l.irrnt for that designated 'location'. Such ~yments shall not reduce the Genorai Aggnl:gato lltrrit shaven isr the Declarations nor shall they ro- duae arty aches Designate4 Location Gvnerai AQgregasr0e Lima liar any other desf~fated 'location' shown in the 8clredule strove, 4. The limits shown in the Declaratbns for Each Occurrence. Firs Dvrtfa~v and t+Asdk~i Ex- pense continue to apply. However. instead of being su~ecs to the General Agprepate Liicntt shown in the i3edaratiions, sliyp.lhrllts will be sutaject tv the apptirable Des~pn9te~d LocaBon General Agpragete limn. SPECIMEN Copyright, Insurance Services OfRce, inc., i496 JU 05 t A ! ti POLICY NUMBER: COMMERCUU. G1=NERAL LIABILITY GG 20 10 07 Q4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIC)NAL INSURED -OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON C)R ORGANIZATION This endorsement modifies insurance providsd under the fo0cwing: CC:MMERGIAL GENERAL UA811_ITY COVERAGE PART SCHEDU L.E Nsane OI Additional Insured Person(a) Or O arsizatlon s : Lacatlo s Of Covered O atlorts The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, a1T its beards, commissions and/or authorities and their board members, employees and volunteers. ;nformatlnn r aired to caom to this Schedule iT not showrE at~ove wit be shown in the QecJeratbons A S+setion fl - Who b An Insured is amended to include as an additional insor~sd the perwn(s) or organizatbn(s) shown In the Schedule. but only with respect to Nab~ihr for `bodily ictjurY', "property damage" or "personal and advertising caused, in whole or in part, by: 1, Your acts or arnlssioraa; or 2. The seta or ornlssktns of those s~9 on your behalf; in ttte performance of your ongoing operatbns for the addiiiortal inaured(s) at the locatlort(a) desig- nated above. ~PE~~MEN 8. With respect to the insurance afforded to these additional insureds the fogowing additional sxdu- siona apply: Thfs insurance does not apply !o '"bodily injury' or "property damage'" occurring alarr. 1. AN work ktciudlrtg materials,, part or equip. ment fumiehed m connection with such work, ort the project (other float aeMca. rnalntenartce _ ar repairs) to be performed by or on behalf of the additional insured{s) at the ioc~tiort cpI the covered operstione has been ~pieted; or Z That portion of "your work" out off which the imjury or damage aris~ss has bton put oo its in- tended use ay any person or orgenlz~ion other than anattter cuntrgctar or sultcaontraclor erf gaged M perfarmirg aperatbns for a prindpal ss a part of the same project. CG 20 10 Q7 04 @ ISU Prooerttss. inc.. 2004 Page 26 of 31 JUNE 2005 Paae 1 of 1 D CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT Nonwaiver of Governmental Immunitv 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 Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunitv 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 27 of 31 JUNE 2005 North Fork Catfish Creek Stormwater THECrrYOF & Sanitary Sewer Improvements DUB .TE Masterpiece on the Mississippi Consultant Professional Services Request for Proposal August 2007 Appendix D City of Dubuque Contract Terms and Conditions Page 28 of 31 TERMS AND CONDITIONS The following clauses shall be included in the final signed contract: 1. CONSULTANT'S ENDORSEMENT ON PLANS. The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer, or licensed professional architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 2. CHANGE IN SCOPE OF SERVICES. No change in scope shall be permitted during this project without the prior written agreement of both parties and the WBS being updated. 3. SUBSTITUTION OF PROJECT TEAM MEMBERS. The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project may be changed if those personnel leave the Consultant. These personnel may also be changed for other reasons however, in either case, the City retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express, prior written permission of the City of Dubuque. 4. INSURANCE. Consultant shall at all times during the performance of this Agreement provide insurance as required by the attached Insurance Schedule. 5. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall 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 Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Consultant, Consultant's subcontractor, or anyone directly or indirectly employed by Consultant or Consultant subcontractor or anyone for whose acts Consultant or Consultant's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 6. ERRORS & OMISSIONS. In the event that the work product prepared by the Consultant is found to be in error and revision or reworking the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the City, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not Page 29 of 31 to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. 7. OWNERSHIP OF ENGINEERING DOCUMENTS. All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City and shall be delivered to the Project Manager upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitations on their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the City's sole risk and without liability or legal exposure to the Consultant. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment _ of the contract. Any change to these specifications by either the City or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 8. SUBLETTING, ASSIGNMENT OR TRANSFER. Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Engineer and approved by the City. Page 30 of 31 North Fork Catfish Creek Stormwater & Sanitary Sewer Improvements THE CITY OF DUB E Masterpiece on the Mississippi Consultant Professional Services Request for Proposal August 2007 Appendix E Project Data -Enclosed CD has the following documents: Drainage Basin Master Plan.pdf NF Catfish Sanitary Improvements Map & Schedule.pdf NF Catfish Storm & Sanitary Baseplan.dwg NF Catfish Storm & Sanitary Survey.dwg JFK & Penn Sanitary Sewer - PRELIMINARY.dwg HEC-HMS Model HEC-RAS Model Survey Raw Data Files Page 31 of 31