Signed Contract_ECIA Technical Services for DITC 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
Intermodal Facility ("Facility"), is entered into on the 1st day of January, 2013 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, Project Management and Davis-Bacon compliance. 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 forty-
eight (48) months from the date of execution of this 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 one hundred five
thousand, six hundred dollars ($105,600). 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. 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 Intermodal Facility 1
Contract for Services
SECTION 5. Property
ECIA is free 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
an such damages are sustained the City may- withhold an and all a��rrients tc ECiA
Y g � Y Y Y ---- p"Y�
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.
easons: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 Intermodal 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 Intermodal 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: BqRIS
Michael C. Van Milligen ep n
City Manager Acting ECIA Chairperson
Attest: Attest:
Trish L Gleason, Assistant City Clerk Kei ey H. Vebtmeyer, Exectj&e Director
Dubuque Intermodal Facility 4
Contract for Services
ATTACHMENT A -SCOPE OF SERVICES
The purpose of this Agreement is to provide technical services that lead to completion
of the Facility. ECIA will provide services on Reporting, Davis-Bacon, and Project
Manager throughout the project. ECIA staff will perform the work with assistance from
the Project Manager and Project Management Team.
ECIA Project Management (Kelley Deutm eyer/C hand ra Ravada)
Responsibilities:
• Update feasibility study with millwork district site
• Update environmental documentations and get environmental approval from
SHPO and FTA
• Work with the City engineering, FTA and IADOT on property purchase
• Work with FTA, contractors and City staff on procurement and procurement
related questions and Buy America requirements
• Make sure that all federal rules and regulations are followed at different stages of
the project
• Develop Management Plan
• Will be the prime contact for Federal Transit authority (FTA)
• Provide input to consultants on design changes by coordinating with Jule transit
and City engineering staff.
• Submit updated reports and invoicing to ECIA/Chandra Ravada for submission to
FTA (via TEAM) for reimbursements
• Update management on progress of the project
• Update City Manager on progress and changes to the project
• Check Bid documents with help from the Project Team and NMA
• Point of contact for Communications with FTA
• Responsible for closing out of the project
• Attend Pre-Construction and Design conference
• Schedule monthly project meetings
ECIA Reporting (Chandra Ravada)
Responsibilities:
• Submit monthly reports to FTA
■ Create analytics for monthly accomplishments, cost and schedule
performance, milestones reached, and other information stating performance
for each project participant
• Present information in both narrative and graphical format
• Provide input as need upon request from Project Manager
• Attend monthly project meetings
• Monthly Drawdowns
• Meetings with City
• Calls with FTA, IADOT and other procurement officials
• Quarterly reports on TEAM to FTA including updating budgets and milestones
• Budget revisions to TEAM
• Information for City Audit
Dubuque Intermodal Facility 5
Contract for Services
• Cost breakdown and budgets for City
• Create Independent Cost Estimates (ICE) for different components that are
not part of general contract
• Develop Request For Qualification (RFQ) for Investigation and Testing
Develop RFPs and check the scope provided by the City staff for RFPs
• Address Buy America issues on the project
Adjusting and budget for FTA drawdowns
ECIA Davis-Bacon (ECIA Staff)
Responsibilities:
Obtain Contractor Clearance
• Compliance review for signing contract documents
• Attend Pre-Construction Conference
• Visit Construction Site Visit for Postings
• Conduct Employee Interviews
Perform Davis-Bacon wage check
• Payroll forms check (weekly)
Bi-weekly updates to reporting staff
Project Costs
The Project will take place in Fiscal Years 2013 to February of 2016.
Total Project Cost is $105,600.
Project Management $59,926
Reporting $35,674
Davis-Bacon $10,000
Total $105,600
Dubuque Intermodal Facility 6
Contract for Services