Riverwalk Design & BidMEMORANDUM
October 9, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Design and Bid Preparation Services for Riverwalk
Administrative Services Manager Pauline Joyce is recommending approval of a contract
with URS, Inc. to complete the design, pre-construction and construction review
services for the balance of the Riverwalk and amenities project. This includes not only
the Riverwalk, but also the Star Brewery amphitheater and plaza, the Diamond
Jo/Welcome Center plaza area, the walkway from this building to the lease line of the
Historical Society's Discovery Center property, the River's Edge Plaza pavilion, the
proposed 300 foot river side pier wall, the cascading steps and fishing steps.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Pauline Joyce, Administrative Services Manager
MEMORANDUM
October 5, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Pauline Joyce, Administrative Services Manager
Design and Bid Preparation services for Riverwalk
The purpose of this memorandum is to forward a copy of a recommended contract to
complete the design, pre-construction and construction review services for the balance
of the Riverwalk and amenities project. This includes not only the riverwalk, but also the
Star Brewery amphitheater and plaza, the Diamond Jo / Welcome Center plaza area,
the walkway from this building to the lease line of the Historical Society's Discovery
Center property, the Rivers Edge Plaza pavilion, the proposed 300 foot river side pier
wall, the cascading steps and fishing steps.
The initial design for the riverwalk and related amenities was completed under contract
with BRW for $227,528, with the work undertaken over a two-year period. The 75%
completed plans were sufficient to submit to the Corp of Engineers and for the City to
receive their Corp permit. This work was subsequently put on hold due to many
uncertainties, including such items as: the need for additional property from Plastic
Center Inc. for the 3 to 1 slope preferred by the Corp of Engineers; the question of
where to relocate the carriage business; the final location of an Ice Harbor hotel; a
request for docking opportunities outside of the floodwall; the uncertainty of the amount
of Vision Iowa funds that would be available to complete the proposed projects; and
finally, the decision to proceed with development of a master plan for the entire Ice
Harbor area. The balance of the contract with BRW that is still available from the initial
design phase is $42,754.
Now that the above issues have been addressed, it is time to re-start the design
process for the dverwalk based on the answers we now have to the uncertainties listed
above. Mike Koch, Cindy Steinhauser, Laura Carstens and I have met with URS-BRW
to arrive at a new contract for final design, pre-construction and construction review
services that would still allow us to have bid documents ready for a winter bid letting.
URS Corporation
SERVICE AGREEMENT
THIS AGREEMENT is made effective this day of October 3, 2001, by and between
the City of Dubuque ("City"), a municipal corporation of the State of Iowa with an address at
City Hall, 13th and Central, Dubuque, IA 52001 and URS, a Nevada cosporatlon with an
address at 700 Third Street South, Minneapolis, Minnesota 55415.
RECITALS
WHEREAS, City desires to retain URS to provide certain professional services with
respect to City's project known as the Mississippi Riverwalk-Phase 2 ("Project"); and
WHEREAS, URS agrees to provide such services upon the terms and conditions
contained herein.
NOW THEREFORE, the parties hereto agree as follows:
SECTION 1: IJ]RS'S RESPONSIBILITIES
1.1 URS agrees to provide the professional services deseribed in Exhibit A attached hereto and
made a part hereof. URS may also perform additional tasks as may be requested by City and
described on an Addendum executed by the parties in substantially the form attached hereto as
Exhibit B. Any Addendum shall have the same force and effect as if executed as part of the
original Agreement. In performing our Services, we will use that degree of care and skill
ordinarily exercised under similar circumstances by members of our profession practicing in the
same locality.
1.2 The parties hereby agree that situations may arise in which services other than those
described on Exhibit A are desired by City, and the time period for completion of such Services
makes execution of an Addendum impractical prior to the commencement of URS's performance
of the requested Services. URS hereby agrees that it shall perform such Services upon the oral
request of City, pending execution of an Addendum, at its hourly billing rates as described ha
Extfibit D.
1.3 URS will perform the Services as an independent contractor, and shall not be deemed, by
virtue of this Agreement to bare entered into any partnership, joint venture or other relationship
with City.
1.4 Robert M. Kost, ASLA is designated by URS as the Project Manager for URS's Services.
Bob Sehiesl, PE is designated by City as the City's Project Manager. Either party may rely upon
the representations, approvals or other actions of the other paxtfs Project Manager.
1.5 URS represents and agrees that URS has not employed any person to solicit or procure this
Agreement, and has not made, and will not make, any payment or any agreement for payment of
any commission, percentage, brokerage, contingent fees, or other compensation in connection
with the procurement of this Agreement. URS further represents and agrees that he has not now
and will not acquire any interest, direct or indirect, present or prospective, in any of the property
subject to this Agreement, during the term of this Agreement. URS further represents that it has
not employed, and will not employ in cunnec~on with the Services to be performed hereunder,
any person having an interest, direct or indirect, in any of the property subject to this Agreement
during the term of this Agreement.
Mississippi Riverwalk Phase 2
1.6 URS agrees to provide the necessary Workers Compensation insurance at LrRS's own cost
and expense for itself and any employees employed by URS. URS, and consulting agent and
employees in the performance of this Agreement, shall act in an independent capacity and not as
officers, employees or agents of the City.
1.7 During the performance of the Agreement, URS shall not unlawfully discriminate against
any employee or applicant for employment because of race, color, creed, religion, sex, national
origin, disability, age, marital status or public assistance status. Such action shall include, but
not be limited to the following: employment, upgrading, demotion or transfer; recraltment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. URS agrees to post in conspicuous places,
available to employees and applicants for employment notices winch set for the provisions of this
non-discrimination clause.
URS will, in all solicitations or advertisements for employees place by or on behalf of URS, state
that all qualified applicants will receive consideration for employment without regard to race,
creed, color, religion, sex, national origin, disability, marital status, or public assistance status.
URS shall comply with any applicable Federal or State laws regarding nm-discrimination.
1.8 NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AT COMMON LAW OR
CREATED BY STATUTE, IS EXTENDED, MADE OR INTENDED BY THE PROVISION
OF PROFESSIONAL SERVICES AND ADVICE OR BY THE FURNISHING OF THE
PROFESSIONAL WORK PRODUCTS PURSUANT TO THIS AGREEMENT.
1.9 Our duties do not include supervising your contractors or commenting on, overseeing, or
providing the means and methods of their work, including job site safety. We will not be
responsible for the failure of your contractors to perform in accordance with their undertakings,
and the providing of our Services shall not relieve others of their responsibility to you or to
others.
1.10 If required as part of the Services, URS may assist City in applying for and obtaining
permits and approvals from governmental units with jurisdiction over the Project. However,
UPS cannot be responsible for any failure to issue, delay, or conditions imposed by such
1.11 If URS's p~formance is delayed due to factors beyond our reasonable control, or if
Project conditions or the scope of work change, URS will give timely notice of the change and
receive an equitable adjustment of compensation.
SECTION 2: CTrY'S RESPONSIBILITIES
2.1 City agrees to provide URS with all known information, conditions, standards, criteria and
objectives winch affect the Services, and URS shall be able to rely on the accuracy of such
information.
2.2 City agrees to provide URS with access to the site, if necessary to complete URS's
Services.
2.3 City will examine all studies, reports, sketches, drafts or other documents prepared by URS
for City's review in a timely manner, and generally render decisions and provide information
such a manner as to prevent delay of the Services.
2.4 City shall be responsible for informing URS of the presence of any hazardous or potentially
hazardous materials on the site. Under no circumstances shall URS be responsible for the
release, handling, treatmem, storage or disposal of hazardous materials, and City shall indemnify
Mississippi Riverwalk Phase 2
URS for any claims related to the Services that may arise out of the presence of hazardous
materials.
SECTION 3: D~S AND REPORTS
3.1 Documents, diagrams, sketches, surveys, computer files, working drawings, and any other
materials created or prepared by URS as part of its performance of this Agreement (the "Work
Products") shall become the property of the City. URS may retain copies of such Products The
City hereby releases URS from any liability arising from the City=s re-use of such Work
Products on this project or any other project.
3.2 If City does not make payment in full as provided in this Agreement, City agrees to deliver
all Work Products previously transmitted to City upon demand by UP, S, and not to use such
Work Products for any purpose whatsoever until payment in full has been received.
3.3 Project records and Work Products will be retained by URS for a period of five years
following completion of the Services. Project financial records will be retained for a period of
three years. City understands that any Work Products prepared or provided on electronic media
have a limited duration and require use of compatible software and hardware, which may become
unavailable over time.
3.4 Records of URS's direct personnel, consultant, and reimbursable and other expenses
pertaining to the Services and records of accounts between City and URS shall be kept on a
generally recognized standard accounting basis and shall be available to City or its authorized
representatives at mutually convenient times.
SECTION 4: COMI~ENSATION
4.1 Our pricing of our Services is predicated upon your acceptance of the conditions and
allocations of risks and responsibilities described in this Agreement. UR_S agrees to perform the
Services for the fees and expenses described on Exhibit D attached hereto and made a pan
hereofi
4.2 In addition to the hourly rates or fees paid for Services, City shall pay URS's reimbursable
expenses directly am'bumble to the Project. Reimbursable expenses shall include but not be
limited to: expense of transportation, special delivery fees, and charges for reproduction.
4.3 URS will submit invoices to City monthly. City will pay the balance stated in the invoice
within thirty (30) days, unless City informs URS in writing of objections to the invoice witbha
that thirty day period. Any retainer paid by the City hereunder shall be credited to URS's last
invoice for Services rendered.
4.4 Any invoiced mounts outstanding after thirty days will bear interest at the rate of 1.5% per
month (18 % per annum), or the maximum permissible by applicable law, whichever is less, from
the thirtieth day following the da~e of the invoice, until paid.
4.5 URS shall be entitled to recover all attorneys' fees dispute resolution fees, court costs snd
other expenses incurred in the collection or attempted collection of any amounts due under this
Agreement.
4.6 At URS's option, URS may temporarily cease to perform the Services or elect to terminate
this Agreement if invoiced amounts are unpaid ulnty days after the date of any invoice. In no
Mississippi Riverwalk Phase 2
event shall URS be liable for any damage or expense resulting from such termination or work
stoppage.
4.7 City's obligation to pay for the Services shall not be reduced or in any way impaired by
City's inability to obtain financing, governmental approval of the Project, or for any other cause.
No deduction shall be made from any invoice bemuse of penalty, set-off or liquidated damages.
SECTION 5: RISK, DISPUTES AND DAMAGES
5.1 The parties agree that all disputes between them will be submitted to a mutually agreeable
neutral mediator, as a condition precedent to litigation or other remedies provided by law. The
fee and costs of the mediator shall be apportioned equally between the parties.
5.2 URS shall not be responsible for delays caused by factors beyond its reasonable control,
including but not limited to delays caused by Acts of God, accidents, failure of any governmental
or other regulatory authority to act in a timely manner, or failure of City to furnish timely
information or to approve or disapprove URS's Work Products promptly.
5.3 Neither party will be liable to the other for special, incidental, or consequential losses or
damages, including but not limited to damages resulting from delay, loss of use, loss of profits or
revenue, or cost of capital.
5.4 Many risks affect us by virtue of entering into this Agreement to provide professional
services. For you to obtain the benefit of a fee which includes a reasonable allowance for our
risk, City agrees that URS's aggregate liability will not exceed the fee paid for our Services or
$50,000, whichever is greater, for URS's alleged negligent acts, errors or omissions, and you
agree to indemnify us from all liabilities to others arising from this Project in excess of that
mount. If you are unwilling to accept this allocation of risk, we will waive this provision,
provided that, within ten days of this Agreement, City agrees in writing to an increase in our fees
of 10% or $500, whichever is greater, to compensate URS for the increase in risk.
5.5 URS will maintain general liability, automobile liability, workers compensation and
professional liability insurance policies as set forth in the attached Insurance Schedule.
Certificates of insurance will be provided to City upon request.
5.6 Neither party hereto shall be liable for any damages proximately resulting from the negligent
or wrongful actions or omissions of the other party, employees, agents or contractors performing
under this Agreement, and each party shall indemnify, defend, and save harmless the other party
from such damages or liability caused by the party at fault.
SECTION 6: MISCELLANEOUS PROVISIONS
6.1 This Agreement conmim the entire understanding of he parties hereto in respect to the
transactions contemplated, and supersedes all prior agreements and understandings between the
parties with respect to the Services.
6.2 Neither party may assign this Agreement without the written consent of the other party, but
URS may enter into subcontracts for portions of the work upon notice to City.
6.3 Nothing contained in this Agreement shall create a contractual relationship with or a cause
of action in favor of any third party.
Mississippi Riverwalk Phase 2
6.4 City shall be responsible for all state and local gross receipts, sales, use, value added or
personal property taxes, however designated, or mounts in lieu of the above taxes paid or
payable by URS, including interest or penalty assessed against URS for such taxes through no
fault of URS. City also agrees to fitmish URS upon request any exemption certificates, proof of
payment or other documentation requested by URS.
6.5 Each provision of this Agreement is intended to be severable. If any provision of this
Agreement is declared illegal or invalid for any mason, such illegality or invalidity shall not
affect the remainder of this Agreement.
6.6 This Agreement shall be interpreted according to the law of the state of Iowa.
6.7 This Agreement may be terminated in writing by either party upon seven days written
notice. City shall pay URS all fees and reimbursable expenses incurred up to the date of
termination.
6.8 This Agreement is subject to the provisions of the following Exhibits which are attached to
and made a part of the Agreemem: Exhibit A, "Services", Exhibit B ,"Project Schedule",
Insurance Schedule C, Exhibit D, "Fees", and Exhibit E, "Addendum Form".
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
UP.S, INC. CITY OF
By: By:
Its: Vice-President Its:
Date: Date:
Mississippi Riverwalk Phase 2
URS Exhibit A. - Services
Revised 01-Oct~01
Phase 2 Mississippi Riverwalk, Dubuque, Iowa
Part l:Civll Engineering
Final Design
5.
6.
7.
Revise and finalize Riverwalk horizontal and vertical alignment.
Incorporate updated revisions and additions to survey base data.
Prepare new typical cross section and calculate new, preliminary construction
quantities, and outline recommended construction sequencing/staging operations.
Generate new proposed cross sections at 50 foot intervals.
Finalize design of sheet pile wall along toe of new riverside embankment/pier.
Review dam and design work with City of Dubuque, (Trip #1.)
Assist City with updating COE/DNR permit application.
Part 2:Landscape Architecture
l~in al Design
1. Finalize design of Riverwalk hardscape and amenities including the following:
Connections at Star Brewery and under raikoad over to "council ring"
Overall pavement?nardscape l~youts, score patterns and textures
Bench, Bike rock and Litter receptacle and Interpretive sign locations
Stairways/Seating steps
Riverside pier
Lighting layout and photometric analysis
Shade structures
Star Brewery Amphitheater w/grass embankment
Rivers' Edge Plaza Pavilion
Revise Ice Harbor Plaza/Trail Head design w/new service and refuse addition on
to the Portside building
Connection fi:om Ice Harbor Plaza/Trail Head to Discovery Center
Review final designs with City, ( 2 review meetings, in Dubuque with
representatives from engineering, public works, parks, finance, planning,
economic development, and administration, Trip #1 and Trip #2.)
3. Prepare estimate of probable construction cost in consultation with City Engineer.
Illustrate final design in colored plan and sketch views and provide 2-3 color
presentation boards for City to use in review and presentation sessions.
5. Attend Dubuque City Council meeting to update Council on final designs,
concurrent with Trip #2.
Part 3:Construction Documents - Engineering & Landscape Architecture
Prepare construction documents for bidding and implementation including:
Title sheet w/location map, index etc.
Estimated Quantities
Notes and General Information
Cross sections
Details
Grading plans
Layout Plans w/stationing
Utility Plans
Electrical Plans
Landscape Planting Plans
Specification / Project Manual-bid forms
Final Engineers Estimate of Probable Construction Cost
Provide a full size plan set of 75% complete documents for review by City of
Dubuque and facilitate a review meeting with City staff in Dubuque, (Trip #3.)
Finalize plans, specifications and bid documents to 90% stage and conduct review
meeting with City staffin Dubuque, (Trip ~4.)
4. Provide electronic copies of plans and specifications for reproducing in Dubuque
by others and assist City in bid letting and award. Answer questions and provide
input during bidding.
Part 4:Constrnction Related Services
1. Facilitate a pre-construction conference in Dubuque, (Trip #5.)
2. Review and make recommendations to approve final shop drawings.
4b. Construction review & Site visits
1. Provide constmetion related design and engineering review via teleconference
and on-site visit as requested by City engineer.
URS Exhibit B. - Project Schedule
Mississippi Riverwalk- Phase 2, Dubuque, Iowa
25 Sept 01
Actual dates of this schedule are subject to review and will be determined in consultation
with the City of Dubuque.
Mississippi Riverwalk and Amenities Project
Part 1: Riverwalk Civil Engineering
Final Design: October 1 - November 9, 2001
Part 2: Landscape Architecture
Final Design: October 1 - November 9, 2001
Part 3: Construction Documents
November 19 - January 21, 2002
Part 4: Construction Related Services
March 2002 - November 2002
4
INSURANCE SCHEDULE C
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
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 or better in the current
A.M. Best Rating Guide.
All policies of insurance required hereunder shall be endOrsed to provide a thirty
(30) day advanced notice to the City of Dubuque of any cancellation of the policy
prior to its expiration date. This endorsement supersedes the standard
cancellation statement on the Certificate of Insurance.
shall furnish Certificates of Insurance to the
City of Dubuque, Iowa for the coverage required in Paragraph 7, Such
certificates shall include copies of the endorsements set forth in Paragraphs 2
and 5 to evidence inclusion in the policy, shall
also be required to provide Certificates of Insurance of all subcontractors, and all
sub-subcontractors who perform work or services pursuant to the provisions of
this contract. Said certificates shall meet the same insurance requirements as
are required of
Each Certificate of Insurance shall be submitted to the contracting department of
the City of Dubuque, Iowa prior to commencement of work/service. (The
contracting department shall submit the certificates to the Finance Director.)
Ail policies of insurance required in Paragraph 7 shall include the City of
Dubuque, Iowa under the attached Additional Insured Endorsement (CG2026)
and the attached Governmental Immunities Endorsement.
Failure to provide evidence of minimum coverage shall not be deemed a waiver
of these requirements by the City of Dubuque. Failure to obtain or maintain the
insurance required herein shall be considered a material breach of this
agreement.
, subcontractors, and all sub-subcontractors
shall be required to carry the following minimum insurance covereges or greater
if required by law or other legal agreement:
PROFESSIONAL LIABILITY:
$1,000,000
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit
Products-Completed Operation Aggregate Umit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (any one occurrence)
Medical Payments
$ 2,000,000
$1,000,000
$1,000,000
$1,000,ooo
$ 50,000
$ 5,000
Commercial general liability shall be written on an occurrence form, not a claims
made form. Coverage to include premises-operations-products-completed
operations, independent contractors coverage, contractual liability, broad form
property damage, and personal injury.
UMBRELLA OR EXCESS LIABILITY:
* To be determined on a case-by-case basis by Finance Director.
POLICY NUMBER: COMMERC3AL GENERAL L/ABILITY
THISENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance pn=vided under the t'otlowing:
COMMERCZAL G .E~. ERAL MABILITY COVERAGE PART,
~HEDULE
Neme of Per~,,n er
The C1C7 o~ Dubuque, ~nolud~n$
aJ.Z. 1ce empZoyees and voJ. uncaers, ~ ~-cs boaz~fe, co*,-~-stons and/or
mztho~±~as ~nd t:b. oi~ board members, e~o~o7ecs, ;md voZuuceers.
(if no entry appears above, information required to complete this endorsement will he shown in lfle
Declarations as applicable to ~is en~o~emen~)
~0 iS AN INSU~ (Se~=fl fl) ~s amen=ed to include as ~fl iflsumd the pekoe or o~anizatian sh~n
in the Schedule as afl insu~d but only witA respe~ to tiabili~ arising 0~ or.ur opera~ons or promises
~ned by or ranted to you.
CG 20 25 11 8~
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
Nnnw~iv~.r ~3f Governmental Imm~Jnit.v 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 form time to time.
~alJ3~[~a~. The insurance carrier further agrees that this policy of insurance
shall cover only those claims not subject to the defense of govemmental 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.
Asserti~3n nf (~3vernment Imm~mih/. _ 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.
Nnn-Deniel nf Cnvera~_e_ 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.
Ne Other ~h~n_~e in Pnlic..v. The above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.
URS Exldbit D. - Fees
Staff Kost Brown Wagner Fairbanks Odens Mikulay Maves
GENERAL TASKS P.M. / L.~ Sr. Civil Ck, il Engr. Tech. Land. Archt. Land. Tech. Structural
STEP 1. Civil Engineering 24 40 60 120 24 8 8 $20,354.0E
STEP 2. Landsacpe A~cht. 10~ 12 16 16 168 120 8 8 $28,769.6~
STEP 3. Construction Doc. 60 40 120 160 200 200 24 40 $50,430.21~
Step 4a. Shop Drwngs. 4 4 24 40 8 $5,456.0~
$105,009.9E
Totals 188 96 240 296 432 320 48 5E
Hourly Rates* $97.35 $99.65 $67.30 $51.12 $56.22 $44.46 $100.50 $45.0[
LABOR CHARGES $18~361.80 $9,566~0 $16,152.00 $15,t3t.52 $24,267.04 $14,227~.0 $4,82~.00 $2fi~an~ IH05,009.96
Travel @$900 per t~p 4 2 2 $ 7,200
Elec~cat Engineering Sub Consultant (Caine Ousse Assoc.) $13,900
Reproductions, Deliveries Etc. $ %390
Step 4b. Construction Related Services ~ $2,400 per Visit including expenses
* Houdy rates are based on a multiplier of 2.8 6roes the actual hourly salaried rate of the employee working on the project_
$127,500
Estimating 4 visits = $9,600
Exhibit E
ADDENDUM FORM
Addendum No. to
Services Agreement
This Addendum to that certain Services Agreement dated ,200_, is
made effective as of ,200~, by
and between the undersigned parties. The Addendum immediately preceding this
Addendum was dated . ,200_.
1. Services to be provided:
2. Fees:
3. Schedule:
CITY OF Dubuque
Dated
URS Corp.
700 South Third Street
Minneapolis, MN 55415
Its
Dated