Signed Contract_ECIA Technical Services for Jule Transit Bus Storage Facility Copyrighted
March 6, 2017
City of Dubuque Consent Items # 14.
ITEM TITLE: Signed Contracts
SUMMARY: Natural Gas Motor Vehicle Incentive Agreement with Black
Hills Energy/ Iowa Gas Utility Company, LP; ECIA Contract
Amendments for Bus Storage Facility and the Dubuque
Intermodal Center; Dubuque Area Labor- Management
Council Federal Building Lease Agreement
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Black Hills Energy/ Iowa Gas Utility Co. Agreement Supporting Documentation
ECIA- Contract Amendment for Bus Storage Facility Supporting Documentation
ECIA- Contract Amendment for Dubuque Intermodal Supporting Documentation
Center
DALMC Federal Building Lease Supporting Documentation
AMENDED AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
THE EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION
This Agreement ("Agreement"), by and between the East Central Intergovernmental
Association ("ECIA") and the City of Dubuque, Iowa ("City"), requesting ECIA's
assistance and technical services in connection with the completion of the Dubuque
Jule Transit Bus Storage Facility ("Facility"), is entered into on the 1St day of February,
2014 and amended on this 6th day of February 2017.
SECTION 1. Scope of Services
ECIA will provide and perform the necessary services set forth in the Scope of Services
(Attachment A) and complete the Facility Construction Process, including but not limited
to Reporting, Davis-Bacon, and Project management. If the scope of services exceeds
those services listed in Attachment A for any reason, the City and ECIA (collectively the
"Parties") will adjust the project cost to a cost that is mutually agreed upon by the
Parties.
SECTION 2. Time of Performance
ECIA will commence performance under this Agreement upon execution of this
Agreement by the Parties. The time required for performance is anticipated to be
twenty-four (24) months from the date of execution of this amended Agreement.
However, ECIA will continue performance until all services set forth in Attachment A and
any additional services pursuant to Section 1 of this Agreement are completed.
SECTION 3. Method of Payment
Total payment for services under this Agreement will not exceed twenty-six thousand,
nine hundred dollars ($26,900). ECIA will invoice the City on the last business day of
each month beginning the month the contract is executed for services rendered during
that calendar month. Invoices will include a detailed summary of work performed and
will include only direct charges to the project by assigned staff. Payment is due upon
receipt of each invoice.
SECTION 4. Personnel
ECIA represents that it currently employs, or will acquire as needed during the
performance of this Agreement, all personnel necessary for the timely and successful
performance of this Agreement and to act as supporting staff to the Project Manager.
The personnel, whether existing or newly acquired, are ECIA employees and will remain
ECIA employees regardless of any work or services such employees perform in
connection with the Facility.
Dubuque Bus Storage Facility 1
Contract for Services
SECTION 5. Property
ECIA is responsible to acquire or use existing property, real or personal, as it deems
necessary in the performance of work under this Agreement.
SECTION 6. Termination by the City
6.1. The City may, by thirty (30) days written notice to ECIA, terminate this
Agreement in whole or in part at any time and for any reason. Upon receipt of such
notice, ECIA will: (1) immediately discontinue all services affected (unless the notice
directs otherwise), and (2) within thirty (30) calendar days deliver to the City all data,
drawings, specifications, and any other documents related to the Facility and ECIA's
performance of this Agreement.
6.2. Notwithstanding the above, ECIA will not be relieved of liability to the City for
damages sustained by the City arising from any breach by ECIA of this Agreement. If
any such damages are sustained, the City may withhold any and all payments to ECIA
until such time as the exact amount of damages due to the City from ECIA is
determined.
6.3. If the City elects to terminate this Agreement, ECIA will be paid the amount due
and owing up to and including the date of completion. If the date of termination does
not fall on the last business day of a month, the services for that month will be prorated
based on the date of termination and the monthly invoice amount.
6.4. Upon receipt of written notice of termination from the City; ECIA will have ten (10)
days to cure any breach cited by the City in its notice of termination to the satisfaction of
the City in its sole discretion. If the City deems any such breach cured, it must notify
ECIA in writing that ECIA's efforts to cure are acceptable and that performance under
this Agreement will continue.
SECTION 7. Termination by ECIA
ECIA may terminate this Agreement by thirty (30) days written notice to the City for the
following reasons:
1. Both parties agree a continuation of this Agreement will not be in the best
interests of the City.
2. ECIA ceases to exist or it is restricted or prohibited by its governmental
authorities from continuing to provide services under this Agreement.
SECTION 8. Political Activity
No portion of City's payment to ECIA may be used for any partisan political activity or to
further the election or defeat of any candidate for public office, or to further the election
or defeat of any cause subject to public vote.
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Contract for Services
SECTION 9. Miscellaneous
9.1. Force Majeure. In the event that ECIA is delayed or hindered in or prevented
from the performance of any act required hereunder by reason of strikes, lockouts, labor
troubles, unavailability or excessive price of fuel, power failure, riots, insurrection, war,
terrorist activities, chemical explosions, hazardous condition, fire, weather, or acts of
God, or by reason of any other cause beyond the exclusive and reasonable control of
ECIA, then performance of any such act will be extended for a period equivalent to the
period of such delay.
9.2. Entire Agreement. This Agreement constitutes the entire Agreement of the
Parties and supersedes all prior agreements.
9.3. Modifications. This Agreement may not be modified, except in writing, signed by
ECIA and City.
9.4. Applicable Law and Venue. This Agreement is governed by the laws of the State
of Iowa and venue for any action with respect to this Agreement is the District Court of
Dubuque County, Iowa.
9.5. Authority. The City and ECIA represent that each, respectively, has full right,
power and authority to execute this Agreement.
9.6. Severability: If any term of this Agreement is found to be void or invalid, such
invalidity will not affect the remaining terms of this Agreement, which will continue in full
force and effect.
9.7. Consent or Approval. In any case where the approval or consent of the City or
ECIA is required or requested under this Agreement, such party shall not unreasonably
delay or otherwise withhold its approval or consent.
9.8. Notices. All notices and correspondence related to this Agreement shall be sent
to the following:
ECIA: East Central Intergovernmental Association
Kelley H. Deutmeyer, Executive Director
7600 Commerce Park
Dubuque, Iowa 52002
Chandra Ravada, Transportation Director
7600 Commerce Park
Dubuque, Iowa 52002
Dubuque Bus Storage Facility 3
Contract for Services
City: City of Dubuque, Iowa
Michael C. Van Milligen, City Manager
50 West 13th Street
Dubuque, Iowa 52001-4845
City of Dubuque, Iowa
Maurice Jones, Economic Development Director
50 West 13th Street
Dubuque, Iowa 52001-4845
City of Dubuque: East Central Intergovernmental:
By: --
B�a
Michael C. Van Milligen
City Manager Acting ECIA Chairperson
Attest: Attest:
Trish L Gleason, Assistant City Clerk Kelley H. MtUiWeyer, Execufive Director
Dubuque Bus Storage Facility 4
Contract for Services
ATTACHMENT A - SCOPE OF SERVICES
ECIA staff will perform the work with assistance from the Project Manager and Project
Management Team.
ECIA Project Management (Chandra Ravada)
Responsibilities:
• Update feasibility study and work with IIW for engineering costs
• Get approvals from EPA, DNR and IADOT
• Get bus Storage Facility appraisal done working with appraiser hired by the City
• Program the project in TEAM and providing all supporting documentation
• Get Environmental approval
• Work with DMATS board to get $2.5 million in STP funds approved
Provide update to City manager's office on scenarios and budgets
• Act as the prime contact for Federal Transit authority (FTA)
ECIA Reporting (Chandra Ravada)
Responsibilities:
• Submit monthly reports to FTA
• Submit quarterly reports to FTA
■ Work with Jule staff to close the project once completed
• Provide information provided to FTA to City auditors
• Provide input as need upon request from Project Manager
Project Costs
The Project will take place in Fiscal Years 2014 and 2017.
Total Project Cost is $26,900.
Project Management $18,500
Reporting $8,400
Total $26,900
Dubuque Bus Storage Facility 5
Contract for Services