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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. Dubuque Bus Storage Facility 2 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