Southwest Arterial Project - Consultant Selection for Construction Engineering Services Copyright 2014
City of Dubuque Consent Items # 9.
ITEM TITLE: Southwest Arterial Project - Consultant Selection for Construction
Engineering Services
SUMMARY: City Manager recommending concurrence with the selection of IIW, P.C.
as the first-ranked consultant and requests approval for the City Manager
to execute the Standard Consultant Contract with IIW, P.C. to provide all
phases of Construction Engineering Services for both the English Mill
Road Reconstruction Project and the Military Road Reconstruction Project.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur
ATTACHMENTS:
Description Type
❑ Southwest Arterial Project Consultant Selection-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ IIW Standard Consultant Contract Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Southwest Arterial Project
Consultant Selection — Construction Engineering Services
English Mill Road Reconstruction, Project No. HDP-2100 (657)-71-31
Military Road Reconstruction, Project No. HDP-2100 (664)-71-31
DATE: September 29, 2015
On September 1, 2015, the City solicited proposals from qualified consulting firms to
provide Construction Engineering Services for both the English Mill Road
Reconstruction Project and the Military Road Reconstruction Project.
Because the Construction Engineering Services contract will use federal funding, the full
consultant selection process will be done in accordance with the Iowa Department of
Transportation consultant selection process. The consultant selection will be based
upon the consultant's qualifications and experience, and the Selection Committee's
determination of the consultant best suited for this project.
Three proposals were received from consultants and the Consultant Selection
Committee met to evaluate and rate each of the consultants. The Consultant Selection
Committee has selected IIW, P.C. as the first-ranked consultant and the Iowa
Department of Transportation concurred with the selection on September 16, 2015.
City Engineer Gus Psihoyos recommends City Council concurrence with the selection of
IIW, P.C. as the first-ranked consultant and requests approval for the City Manager to
execute the Standard Consultant Contract with IIW, P.C. to provide all phases of
Construction Engineering Services for both the English Mill Road Reconstruction
Project and the Military Road Reconstruction Project.
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
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
2
THE CITY OF � �� Dubuque
DUB E
�tI•�m�ica cry
Masterpiece on- the Mississippi 200"�2012.20Pt
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer ej*1
SUBJECT: Southwest Arterial Project
Consultant Selection - Construction Engineering Services
English Mill Road Reconstruction, Project No. HDP-2100 (657)-71-31
Military Road Reconstruction, Project No. HDP-2100 (664)-71-31
DATE: September 28, 2015
INTRODUCTION
The purpose of this memorandum is to request City Council concurrence in the
selection of IIW, P.C. as the first-ranked consultant and request approval for the City
Manager to execute the Standard Consultant Contract with IIW, P.C. to provide all
phases of Construction Engineering (CE) Services for both the English Mill Road
Reconstruction Project and the Military Road Reconstruction Project.
BACKGROUND
On September 1, 2015 the City soliciting proposals from qualified consulting firms to
provide Construction Engineering (CE) Services for both the English Mill Road
Reconstruction Project and the Military Road Reconstruction Project.
Because the Construction Engineering (CE) Services contract will use federal funding,
the full consultant selection process will be done in accordance with the Iowa
Department of Transportation (I.M. 3.305) consultant selection process. The consultant
selection will be based upon the consultant's qualifications and experience, and the
Selection Committee's determination of the consultant best suited for this project.
RESPONSE PROPOSALS
On September 11, 2015 three (3) consultant proposals were received and are listed as
follows:
■ AECOM /WHKS
■ IIW, P.C.
■ Snyder& Associates
CONSULTANT SELECTION PROCESS
On September 15, 2015, the Consultant Selection Committee met to evaluate and rate
each of the consultants. The Committee carefully deliberated each consultant's
proposal submitted. Although each of the consultants was uniquely qualified, the
Consultant Selection Committee selected IIW, P.C. of Dubuque, Iowa as the first-ranked
consultant. The selection ranking was based upon the overall strength of information
provided in the Consultant's proposal submitted, demonstrated competence, experience
and qualifications. The final consultant selection ranking in order of preference to initiate
contract negotiations is as follows:
Ranking Consultant
No. 1 IIW, P.C.
No. 2 AECOM /WHKS
No. 3 Snyder & Associates
On September 16, 2015 the Iowa DOT concurred with the selection of IIW, P.C. as the
first-ranked consultant. Following said approval, the City and IIW, P.C. initiated contract
negotiations and jointly prepared the Standard Consultant Contract for Construction
Engineering (CE) Services. Attached is a copy of the Contract for your review.
DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
The Disadvantaged Business Enterprise (DBE) Program, as established in Title 49,
Code of Federal Regulations (CFR), Part 26, applies to this contract. The goal for DBE
participation on this contract was set at 2.5%. Each of the three responding consultants
acknowledged and committed to achieving the set DBE goal. IIW, P.C. has
demonstrated a good faith effort and has taken all necessary and reasonable steps to
ensure that DBE's had the maximum opportunity to participate in the contract work. IIW,
P.C. has chosen Flenker Land Architecture as the DBE subconsultant who will perform
erosion control inspection and site monitoring.
RECOMMENDATION
Based on the review of the proposals, experience and qualifications, the Consultant
Selection Committee recommends the selection of IIW, P.C. and requests approval for
the City Manager to execute the Standard Consultant Contract with IIW, P.C. to provide
all phases of Construction Engineering (CE) Services for both the English Mill Road
Reconstruction Project and the Military Road Reconstruction Project.
BUDGETIMPACT
The estimate of probable cost to provide Construction Engineering (CE) Services for the
English Mill Road Reconstruction Project is as follows:
Construction Engineering (CE) Services Cost
IIW, P.C. - English Mill Road Reconstruction Project $ 309,381
Flenker Land Architecture - DBE Subconsultant 20,184
Contingency (10%) 30,938
Total Project Cost $ 360,503
The contract states that the City, at a later date, reserves the right to negotiate a
contract scope of services and fees for the Military Road Reconstruction Project, HDP-
2100 (664)--71-31 and amend the IIW, P.C. consultant contract through the execution of
a future supplemental agreement
The anticipated project funding is summarized as follows:
Fund Description _Fund Amount
Federal SAFETEA-LU Funding (80%) $ 288,401
City - Local Funding (10%) 36,051
County - Local Funding (10%) 1 36,051
Total Project Funding $ 360,503
ACTION TO BE TAKEN
I respectfully request City Council concurrence in the selection of IIW, P.C. and request
authorization for the City Manager to execute the Standard Consultant Contract with
IIW, P.C. to provide all phases of Construction Engineering (CE) Services for both the
English Mill Road Reconstruction Project and the Military Road Reconstruction Project.
Prepared by Robert Schiesl, Assistant City Engineer
cc: Jenny Larson, Budget Director
Greg Doeden, Civil Engineer
Kyle Kritz, Assistant City Planning
Ken TeKippe, Finance Director
Kent Ellis, Iowa DOT
F:\PROJECTS\SOUTHWEST ARTERIAL\ENGLISH MILL ROAD RECONSTRUCTION(657)\Construction Services RFP\Council&
Staff Documents
Consultant Project No. 15151
Owner / Iowa DOT Project No. HDP -2100 (657)--71-31
HDP -2100 (664)--71-31
Standard Consultant Contract
For Local Public Agency Consultant Contracts with Federal -aid Participation
This AGREEMENT, made as of the date of the last party's signature below, is by and
BETWEEN City of Dubuque, the Owner, located at:
City Hall, 50 West 13th Street
Dubuque, IA 52001
Phone: (563) 589-4270
FAX: (563) 589-4205
and IIW, P.C., the Consultant, located at:
4155 Pennsylvania Ave
Dubuque, IA 52002
Phone: (563) 556-2464
FAX: (563) 556-7811
For the following Project: Provide all phases of construction engineering (CE) services for both the English Mill
Road Reconstruction, HDP -2100 (657)--71-31 and the Military Road Reconstruction, HDP -2100 (664)--71-31
which are part of the overall Southwest Arterial project, administered by the City of Dubuque.
The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa
Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S. Department of
Transportation (when applicable).
The Owner desires to employ the Consultant to provide all phases construction engineering services to assist
with the development and completion of the Project. The Consultant is willing to perform these services in
accordance with the terms of this Agreement.
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TABLE OF CONTENTS
Article Number And Description
1 Initial Information
1.1 Project Parameters
1.2 Financial Parameters
1.3 Project Team
1.4 Time Parameters
1.5 Prequalification
2 Entire Agreement, Required Guidance and Applicable Law
2.1 Entire Agreement of the Parties
2.2 Required Guidance
2.3 Applicable Law
3 Form of Compensation
3.1 Method of Reimbursement for the Consultant
3.2 Subconsultant's Responsibilities for Reimbursement
4 Terms and Conditions
4.1 Ownership of Engineering Documents
4.2 Subconsultant Contract Provisions and Flow Down
4.3 Consultant's Endorsement on Plans
4.4 Progress Meetings
4.5 Additional Documents
4.6 Revision of Work Product
4.7 Extra Work
4.8 Extension of Time
4.9 Responsibility for Claims and Liability
4.10 Current and Former Agency Employees
4.11 Suspension of Work
4.12 Termination of Agreement
4.13 Right to Set-off
4.14 Assignment or Transfer
4.15 Access to Records
4.16 Iowa DOT and FHWA Participation
4.17 Nondiscrimination Requirements
4.18 Compliance with Title 49, Code of Federal Regulations, Part 26
4.19 Severability
Attachment A - Scope of Services
Attachment B- Specifications
Attachment C - Fees and Payments
Attachment C-1 Cost Analysis Worksheet
Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Attachment E - Certification of Consultant
Attachment F - Certification of Owner
Attachment G - Sample Invoices
Attachment H - Consultant Fee Proposal
Attachment I - Subconsultant Scope and Budget
Attachment J - Certificate of Insurance
Page 2 of 27
ARTICLE 1 INITIAL INFORMATION
This Agreement is based on the following information and assumptions.
1.1 Project Parameters
The objective or use is: complete all phases of construction engineering for the English Mill Road
Reconstruction, HDP-2100 (657)--71-31.
The Owner, at a later date, reserves the right to negotiate a contract scope of services and fees for the
Military Road Reconstruction Project, HDP-2100 (664)--71-31 and amend this contract through the
execution of a future supplemental agreement.
1.2 Financial Parameters
1.2.1 Amount of the Owner's budget for the Consultant's compensation is:
$360,503
1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is:
$20,184
1.3 Project Team
1.3.1 The Owner's Designated Representative, identified as the Contract Administrator is:
Robert Schiesl, P.E., Assistant City Engineer
The Contract Administrator is the authorized representative, acting as liaison officer for the
Ownerfor purpose of coordinating and administering the work under the Agreement. The work
under this Agreement shall at all times be subject to the general supervision and direction of the
Contract Administrator and shall be subject to the Contract Administrator's approval.
1.3.2 The Consultant's Designated Representative is:
Julie Neebel, P.E.
1.3.3 The subconsultants retained at the Consultant's expense are identified in the following table:
Subconsultant Amount Maximum Amount Method of Payment
Authorized Payable
Flenker Land Architecture $20,180.00 $20,184.00 Specific Rate of
Consultants (DBE) Compensation
1.4 Time Parameters
1.4.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to proceed
from the Owner.
1.4.2 Milestones for completion of the work under this Agreement as follows:
1. Construction engineering in accordance with the contractor schedule is estimated to consist of
field work until May 2, 2017.
3. Completion of all work under this agreement shall be on or before December 31, 2017 unless
extended by written approval of the Contract Administrator or adjusted by supplemental
agreement.
1.5 Prequalification
1.5.1 The Consultant shall remain prequalified in work category Highway Roadway Construction (work
code 221) and Bridge Construction (work code 222), as defined in Iowa Department of
Transportation Policy and Procedure No. 300.04. Failure to do so will exclude the Consultant
from consideration for future Federal-aid contracts, until the Consultant regains pre-qualification
status.
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1.5.2 All services within this agreement shall be performed by the Consultant or subconsultant
prequalified by the Iowa DOT in that particular category of work. If no work category exists for a
particular service, normal methods of acceptance shall be used, such as experience, typical
licensure, certification or registration, or seals of approval by others.
ARTICLE 2 ENTIRE AGREEMENT, REQUIRED GUIDANCE ANDAPPLICABLE LAW
2.1 Entire Agreement of the Parties. This Agreement, including its attachments, represents the entire and
integrated agreement between the Owner and the Consultant and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both Ownerand Consultant. This Agreement comprises the documents listed as
attachments in the Table of Contents. The work to be performed by the Consultant under this
Agreement shall encompass and include all detail work, services, materials, equipment and supplies
necessary to prepare and deliver the scope of services provided in Attachment A.
2.2 Required Guidance. All services shall be in conformity with the Specifications outlined in Attachment
B, the Iowa Department of Transportation Federal-aid Project Development Guide, Instructional
Memorandums to Local Public Agencies (I.M.$), and other standards, guides or policies referenced
therein. In addition, applicable sections of the U.S. Department of Transportation Federal Aid Policy
Guide (FAPG) shall be used as a guide in preparation of plans, specifications and estimates.
2.3 Applicable Law. The laws of the State of Iowa shall govern and determine all matters arising out of or
in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the
event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this
Agreement, the exclusive jurisdiction for the proceeding shall be brought in the Dubuque County District
Court of Iowa, Dubuque, Iowa. This provision shall not be construed as waiving any immunity to suit or
liability including without limitation sovereign immunity in State or Federal court, which may be available
to the Owner. The Consultant shall comply with all Federal, State and local laws and ordinances
applicable to the work performed under this Agreement.
ARTICLE 3 FORM OF COMPENSATION
3.1 Method of Reimbursement for the Consultant.
3.1.1 Compensation for the Consultant shall be computed in accordance with one of the following
compensation methods, as defined in Attachment C:
.1 [ ] Cost Plus Fixed Fee - Attachment C
.2 [ ] Lump Sum - Attachment C
.3 [X] Specific Rate of Compensation -Attachment C
.4 [ ] Unit Price - Attachment C
.5 [ ] Fixed Overhead Rate - Attachment C
3.1.2 When applicable, compensation for the subconsultant(s) shall be computed in accordance with
one of the payment methods listed in section 3.1.1. Refer to section 1.3.3 for identification of the
method of payment utilized in the subconsultant(s) contract. The compensation method utilized for each
subconsultant shall be defined within the subconsultant contract to the Consultant.
3.2 Subconsultant's Responsibilities for Reimbursement. The Consultant shall require the
subconsultants (if applicable) to notify them if they at any time determine that their costs will exceed their
estimated actual costs. The Consultant shall not allow the subconsultants to exceed their estimated
actual costs without prior written approval of the Contract Administrator. The prime Consultant is
cautioned that cost under-runs associated with any subconsultant's contract are not available for use by
the prime Consultant or other subconsultant unless the Contract Administrator, Iowa DOT, and
FHWA (when applicable) have given prior written approval.
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ARTICLE 4 TERMS AND CONDITIONS
4.1 Ownership of Engineering Documents
4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared
under this Agreement shall become the property of the Owner and shall be delivered to the Contract
Administrator upon completion of the plans or termination of the services of the Consultant. There
shall be no restriction or limitation on their future use by the Owner, 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 Owner's sole risk and without liability or legal exposure to the
Consultant.
4.1.2 The Owner 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 Owner upon completion of the services
and payment in full of all moneys due to the Consultant.
4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall
conform to the specifications listed in Attachment B. Any change to these specifications by either the
Owner 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.
4.1.4 The Owner 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.
4.1.5 The Owner 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.
4.2 Subconsultant Contract Provisions and Flow Down
4.2.1 All provisions of this Agreement between the Owner and Consultant shall also apply to all
subconsultants hired by the Consultant to perform work pursuant to this Agreement. It is the
Consultant's responsibility to ensure all contracts between Consultant and its subconsultants contain
all provisions required of Consultant in this Agreement. The only recognized exceptions to this
requirement are under provision 1.5.2 when the subconsultant is required to be prequalified in a different
work category than the Consultant and under provision 3.1.2 when the subconsultant has a different
method of reimbursement than the Consultant and the insurance requirements identified in provision
4.9.2 of the Consultant shall not be required of the subconsultant.
4.2.2 The Consultant may not restrict communications between the Owner and any of the
subconsultants. The Consultant will encourage open communication among the Owner, the
Consultant and the subconsultants.
4.3 Consultant's Endorsement on Plans. The Consultant and its subconsultants shall endorse and
certify the completed project deliverables prepared under this Agreement, and shall affix thereto the seal
of a professional engineer or architect (as applicable), licensed to practice in the State of Iowa, in
accordance with the current Code of Iowa and Iowa Administrative Code.
4.4 Progress Meetings. From time to time as the work progresses, conferences will be held at mutually
convenient locations at the request of the Contract Administrator to discuss details of the design and
progress of the work. The Consultant shall prepare and present such information and studies as may
be pertinent and necessary or as may be requested by the Contract Administrator, to enable the
Contract Administrator to pass judgment on the features and progress of the work.
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4.5 Additional Documents. At the request of the Contract Administrator, the Consultant shall furnish
sufficient documents, or other data, in such detail as may be required for the purpose of review.
4.6 Revision of Work Product
4.6.1 Drafts of work products shall be reviewed by the Consultant for quality control and then be
submitted to the Contract Administrator by the Consultant for review and comment. The
comments received from the Contract Administrator and the reviewing agencies shall be
incorporated by the Consultant prior to submission of the final work product by the Consultant.
Work products revised in accordance with review comments shall constitute "satisfactorily
completed and accepted work." Requests for changes on work products by the Contract
Administrator shall be in writing. In the event there are no comments from the Contract
Administratoror reviewing agencies to be incorporated by the Consultant into the final work
product, the Contract Administrator shall immediately notify the Consultant, in writing, that the
work product shall constitute "satisfactorily completed and accepted work."
4.6.2 In the event that the work product prepared by the Consultant is found to be in error and revision
or reworking of the work product is necessary, the Consultant agrees that it shall do such
revisions without expense to the Owner, 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 to the project schedule. The above and foregoing is not to be construed as a limitation of
the Owner's right to seek recovery of damages for negligence on the part of the Consultant
herein.
4.6.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed
and accepted work product or parts thereof revised, the Consultant shall make such revisions if
requested and directed by the Contract Administrator in writing. This work will be paid for as
provided in Article 4.7.
4.7 Extra Work. If the Consultant is of the opinion that any work it has been directed to perform is beyond
the scope of this Agreement, and constitutes"Extra Work," it shall promptly notify the Contract
Administrator in writing to that effect. In the event that the Contract Administrator determines that
such work does constitute "Extra Work", the Consultant shall promptly develop a scope and budget for
the extra work and submit it to the Contract Administrator. The Ownerwill provide extra
compensation to the Consultant upon the basis of actual costs plus a fixed fee amount, or at a
negotiated lump sum. The Consultant shall not proceed with "Extra Work" without prior written approval
from the Owner and concurrence from the Iowa DOT. Prior to receipt of a fully executed Supplemental
Agreement and written Notice to Proceed, any cost incurred that exceeds individual task costs, or
estimated actual cost, or the maximum amount payable is at the Consultant's risk. The Owner has the
right, at its discretion, to disallow those costs. However, the Owner shall have benefit of the service
rendered.
4.8 Extension of Time. The time for completion of each phase of this Agreement shall not be extended
because of any delay attributed to the Consultant, but may be extended by the Contract
Administrator in the event of a delay attributed to the Owneror the Contract Administrator, or
because of unavoidable delays beyond the reasonable control of the Consultant.
4.9 Responsibility For Claims And Liability
4.9.1 The Consultant agrees to defend, indemnify, and hold the Owner, the State of Iowa, the Iowa
DOT, their agents, employees, representatives, assigns and successors harmless for any and all
liabilities, costs, demands, losses, claims, damages, expenses, or attorneys' fees, including any
stipulated damages or penalties, which may be suffered by the Owneras the result of, arising out
of, or related to, the negligence, negligent errors or omissions, gross negligence, willfully wrongful
misconduct, or breach of any covenant or warranty in this Agreement of or by the Consultant or
any of its employees, agents, directors, officers, subcontractors or subconsultants, in connection
with this Agreement.
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4.9.2 The Consultant shall obtain and keep in force insurance coverage for professional liability (errors
and omissions) with a minimum limit of$2,000,000 per claim and in the aggregate, and all such
other insurance required by law. Proof of Consultant's insurance for professional liability
coverage and all such other insurance required by law will be provided to the Ownerat the time
the contract is executed and upon each insurance coverage renewal.
4.10 Current and Former Agency Employees
The Consultant shall not engage the services of any current employee of the Owner or the Iowa DOT
unless it obtains the approval of the Owner or the Iowa DOT, as applicable, and it does not create a
conflict of interest under the provisions of Iowa Code section 6813.2A. The Consultant shall not engage
the services of a former employee of the Owner or the Iowa DOT, as applicable, unless it conforms to
the two-year ban outlined in Iowa Code section 6813.7. Similarly, the Consultant shall not engage the
services of current or former FHWA employee without prior written consent of the FHWA, and the
relationship meets the same requirements for State and local agency employees set forth in the above-
referenced Iowa Code sections and the applicable Federal laws, regulations, and policies.
4.11 Suspension of Work under this Agreement
4.11.1 The right is reserved by the Ownerto suspend the work being performed pursuant to this
Agreement at anytime. The Contract Administrator may effect such suspension by giving the
Consultant written notice, and it will be effective as of the date established in the suspension
notice. Payment for the Consultant's services will be made by the Ownerto the date of such
suspension, in accordance with the applicable provisions in Article 4.12.2 or Article 4.12.3
below.
4.11.2 Should the Ownerwish to reinstate the work after notice of suspension, such reinstatement
may be accomplished by thirty (30) days'written notice within a period of one year after such
suspension, unless this period is extended by written consent of the Consultant.
4.11.3 In the event the Ownersuspends the work being performed pursuant to this Agreement the
Consultant with approval from the Contract Administrator, has the option, after 180 days to
terminate the contract.
4.12 Termination of Agreement
4.12.1 The right is reserved by the Ownerto terminate this Agreement at any time and for any reason
upon not less than thirty (30) days written notice to the Consultant.
4.12.2 In the event the Agreement is terminated by the Ownerwithout fault on the part of the
Consultant, the Consultant shall be paid for the reasonable and necessary work performed or
services rendered and delivered up to the effective date or time of termination. The value of the
work performed and services rendered and delivered, and the amount to be paid shall be
mutually satisfactory to the Contract Administrator and to the Consultant. The Consultant
shall be paid a portion of the fixed fee, plus actual costs, as identified in Attachment C. Actual
costs to be reimbursed shall be determined by audit of such costs to the date established by the
Contract Administrator in the termination notice, except that actual costs to be reimbursed
shall not exceed the Maximum Amount Payable.
4.12.3 In the event the Agreement is terminated by the Ownerfor fault on the part of the Consultant,
the Consultant shall be paid only for work satisfactorily performed and delivered to the
Contract Administrator up to the date established by the termination notice. After audit of the
Consultant's actual costs to the date established by the Contract Administrator in the
termination notice and after determination by the Contract Administrator of the amount of work
satisfactorily performed, the Contract Administrator shall determine the amount to be paid to
the Consultant.
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4.12.4 This Agreement will be considered completed when the scope of the project has progressed
sufficiently to make it clear that funding reinbursement can be completed without further
revisions in that work, or if the Consultant is released prior to such time by written notice from
the Contract Administrator.
4.13 Right to Set-off. In the event that the Consultant owes the Ownerany sum under the terms of this
Contract, the Owner may set off the sum owed to the Owner against any sum owed by the Ownerto
the Consultant under any other contract or matter in the Owners sole discretion, unless otherwise
required by law. The Consultant agrees that this provision constitutes proper and timely notice of the
Owner's intent to utilize any right of set-off.
4.14 Assignment or Transfer. The Consultant is prohibited from assigning or transferring all or a part of its
interest in this Agreement, unless written consent is obtained from the Contract Administrator and
concurrence is received from the Iowa DOT and FHWA, if applicable.
4.15 Access to Records. The Consultant is to maintain all books, documents, papers, accounting records
and other evidence pertaining to this Agreement and to make such materials available at their respective
offices at all reasonable times during the agreement period, and for three years from the date of final
closure of the Federal-aid project with FHWA, for inspection and audit by the Owner, the Iowa DOT, the
FHWA, or any authorized representatives of the Federal Government, and copies thereof shall be
furnished, if requested.
4.16 Iowa DOT and FHWA Participation. The work under this Agreement is contingent upon and subject to
the approval of the Iowa DOT and FHWA, when applicable. The Iowa DOT and FHWA shall have the
right to participate in the conferences between the Consultant and the Owner, and to participate in the
review or examination of the work in progress as well as any final deliverable.
4.17 Nondiscrimination Requirements.
4.17.1 During the performance of this Agreement, the Consultant agrees to comply with the
regulations of the U.S. Department of Transportation, contained in Title 49, Code of Federal
Regulations, Part 21, and the Code of Iowa. The Consultant will not discriminate on the
grounds of race, religion, age, physical disability, color, sex, sexual orientation, or national origin
in its employment practices, in the selection and retention of subconsultants, and in its
procurement of materials and leases of equipment.
4.17.2 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work
to be performed under a subcontract, including procurement of materials or equipment, each
potential subconsultant or supplier shall be notified by the Consultant of the Consultant's
obligation under this contract and the regulations relative to nondiscrimination on the grounds of
race, religion, age, physical disability, color, sex, sexual orientation, or national origin.
4.17.3 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
Agreement, the Ownershall impose such contract sanctions as it, the Iowa DOT, or the FHWA
may determine to be appropriate, including, but not limited to withholding of payments to the
Consultant under the Agreement until the Consultant complies, or the Agreement is otherwise
suspended or terminated.
4.17.4 The Consultant shall comply with the following provisions of Appendix A of the U.S. DOT
Standard Assurances:
During the performance of this contract, the Consultant, for itself, its assignees and successors
in interest (hereinafter referred to as the "Consultant') agrees as follows:
1. Compliance with Regulations: The Consultant shall comply with the Regulations relative to
non-discrimination in Federally assisted programs of the Department of Transportation
(hereinafter, 'DOT) Title 49, Code of Federal Regulations, Part 21, as they may be amended
from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this contract.
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2. Nondiscrimination: The Consultant, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or
disability in the selection and retention of subconsultants, including procurement of materials
and leases of equipment. The Consultant shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Consultant for work to be
performed under a subcontract, including procurement of materials or leases of equipment,
each potential subconsultant or supplier shall be notified by the Consultant of the Consultants
obligations under this contract and the Regulations relative to non-discrimination on the grounds
of race, color, national origin, sex, age, or disability.
4. Information and Reports: The Consultant shall provide all information and reports required
by the Regulations or directives issued pursuant there to, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Owner, the Iowa Department of Transportation or Federal Highway Administration to be
pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of a Consultant is in the exclusive possession of another who fails or
refuses to furnish this information the Consultant shall so certify to the Owner, the Iowa
Department of Transportation or the Federal Highway Administration as appropriate, and shall
set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Consultants noncompliance with the
nondiscrimination provisions of this contract, the Ownershall impose such contract sanctions
as it, the Iowa Department of Transportation or the Federal Highway Administration may
determine to be appropriate, including, but not limited to:
a. withholding of payments to the Consultant under the contract until the Consultant
complies, and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs (1)
through (6) in every subcontract, including procurement of materials and leases of equipment,
unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall
take such action with respect to any subcontract or procurement as the Owner, the Iowa
Department of Transportation or the Federal Highway Administration may direct as a means of
enforcing such provisions including sanctions for non-compliance: provided, however, that, in
the event a Consultant becomes involved in, or is threatened with, litigation with a
subconsultant or supplier as a result of such direction, the Consultant may request the Owner
or the Iowa Department of Transportation to enter into such litigation to protect the interests of
the Owneror the Iowa Department of Transportation, and, in addition, the Consultant may
request the United States to enter into such litigation to protect the interests of the United
States.
4.18 Compliance with Tile 49, Code of Federal Regulations, Part 26
4.18.1 The Consultant agrees to ensure that disadvantaged business enterprises (DBEs) as defined
in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts
and subcontracts financed in whole or in part with Federal funds provided under this Agreement.
In this regard the Consultant and all of its subconsultants shall take all necessary and
reasonable steps in compliance with the Iowa DOT DBE Program to ensure disadvantaged
business enterprises have the maximum opportunity to compete for and perform contracts.
4.18.2 Upon notification to the Consultant of its failure to carry out the requirements of this Article, the
Owner, the Iowa DOT, or the FHWA may impose sanctions which may include termination of
the Agreement or other measures that may affect the ability of the Consultant to obtain future
U.S. DOT financial assistance. The Consultant is hereby advised that failure to fully comply
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with the requirements of this Article shall constitute a breach of contract and may result in
termination of this Agreement by the Owner or such remedy as the Owner, Iowa DOT or the
FHWA deems appropriate.
4.19 Severability. If any section, provision or part of this Agreement shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any
section, provision, or part thereof not adjudged invalid or unconstitutional.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials
thereunto duly authorized as of the dates below.
IIW, P.C.
By Date:
Michael A. Jansen, P.E., S.E.
Chief Executive Officer/Principal Civil & Structural Engineer
ATTEST:
By Date:
City of Dubuqu
By / Date:
Michael Van Milligen
City Manager
IOWA DEPARTMENT OF TRANSPORTATION
Accepted for FHWA Authorization*
By Date:
Name
Title
* The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating
the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds.
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with the requirements of this Article shall constitute a breach of contract and may result in
termination of this Agreement by the Owner or such remedy as the Owner, Iowa DOT or the
FHWA deems appropriate.
4.19 Severability. If any section, provision or part of this Agreement shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any
section, provision, or part thereof not adjudged invalid or unconstitutional.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials
thereunto duly authorized as of the dates below.
IIW, P.C.
By Date:
Michael A. Jansen, P.E., S.E.
Chief Executive Officer/Principal Civil &Structural Engineer
ATTEST:
By Date:
City of Dubuque
By Date:
Michael Van Milligen
City Manager
IOWA DEPARTMENT OF TRANSPORTATION
Accepted for FHWA Authorization*
By Date:
Name
Title
*The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating
the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds.
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ATTACHMENT
Scope of Services
The scope of services to be performed by the consultant shall be for all phases of Construction Engineering (CE)
Services and completed in accordance with generally accepted standards of practice, and the Iowa DOT
Standards and Specifications.
1. Review contracts and supplemental materials from the City and Iowa DOT, set up recordkeeping documentation
for use during construction.
2. Review data which any Contractor is required to submit, but only for conformance with the design concept of the
project and compliance with information given in the Contract Documents. If there are discrepancies, confirm
intent with designer.
3. Provide a licensed engineer, senior inspector, or a qualified technician to make periodic visits to the construction
site to observe progress and quality of the executed work and determine if the work is proceeding in accordance
with the Contract Documents. Keep the City informed of the progress of work. Conduct progress meetings as
needed.
4. The Consultant shall provide an engineer, senior inspector, or a technician to perform regular on-site observations.
The phone number for the Consultant shall be posted at the project site. The contract provides for 240 working-
days. This contract assumes construction activities will continue over the winter when no days are charged which
results in 328 days according to the Contractor schedule. The on-site observations shall note the progress and
quality of various aspects of the work of the Contractor and shall perform field checks and testing of material and
documentation as required by the Iowa DOT. A partial list of activities include:
a) EEO board inspection
b) Wage rate interviews
c) On-site inspection of erosion control and necessary reports (partially by subconsultant as appropriate with
respect to timing and availability).
d) On-site inspection of roadway grading including verification of the special provision related to the shale
and soft soils.
e) On-site inspection of rip rap installation
f) On-site inspection of pavement removal and replacement
g) On-site inspection for installation of drainage structures
h) On-site inspection and testing of concrete placement, off-site strength testing
i) On-site inspection of traffic control
j) On-site inspection of pile driving, prebore, and rock coring operations
k) On-site inspection of bridge forming and steel placement
1) On-site inspection of bridge deck and railing installation
m) On-site inspection of driveway construction
n) Shoot beam lines and calculate haunches
o) Determine topsoil qualities and needed amendment (partially by subconsultant)
5. Certified plant monitoring for PCC and HMA plant operations. Prepare documentation and material testing in
conformance with State requirements.
6. Conduct nuclear density testing of compacted soils to determine density.
7. Issue all instructions of the owner to the Contractor(s) and prepare routine change orders as required
(assumes ten), including all necessary calculations to determine accuracy and veracity of change orders
including justification of costs for items which do not have a bid or predetermined price.
8. Based on on-site observations and review of the Contractor's application for payment and supporting data,
determine the amount owed to the Contractor(s) and approve, in writing, payment to the Contractor(s) in such
amounts. Review and prepare monthly pay estimates and submit to the owner with recommendations(assumes
twenty pay requests). Final payment is subject to an evaluation of the work as a functioning project upon
substantial completion and, to the results of any subsequent tests called for in the Contract Documents.
9. Provide documentation of quantities for approval by State, including submittal of working day reports.
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10. Conduct an inspection to determine if the project is substantially complete and a final inspection to determine if
the project has been completed in substantial compliance with the Contract Documents and if each Contractor
has fulfilled all for their obligations so that the engineer may approve, in writing, final payment.
11. Provide detailed as-built record plans including pile driving logs.
12. Prepare necessary certificates of completion for the Owners and State acceptance.
13. Finalize construction documentation in preparation for State audit. Upon project completion, determine the final
contract quantities as required by Contract Documents or if agreeable to the owner, State, and Contractor from
records kept during construction and payment documents submitted to the Engineer and the Owner for approval.
14. Certified payroll review.
15. Attend State audit of materials and construction documentation and recordkeeping, follow up of audit
requirements.
16. General project management and communication, including preparation of invoices to submit to the City in
acceptable Iowa DOT format to allow reimbursement by the Iowa DOT, including documentation of project
progress.
It is understood by the Owner and the Consultant that the level and frequency of Progress Reporting shall be mutually
established for each project, taking into account the complexity and duration of the work to be performed. For this
specific project it is agreed that progress reporting will be provided on a monthly basis.
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