Signed Contracts_Eagle Point Erosion Control, IIW EngineersTHE CITY OF Du btu q u~,/e
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Masterpiece an the Mississippi
2007
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Eagle Point Park Erosion Control
DATE: August 31, 2009
An erosion problem has developed in Eagle Point Park behind the tennis courts that is
impacting the property at 2925 Shiras Avenue. The problem has become quite severe
this summer and needs to be addressed as soon as possible.
IIW Engineers has investigated the situation and given the attached proposal. My plan
is to bid the project and do construction this fall to eliminate the problem before serious
damage is done at 2925 Shiras.
Please sign both copies and return them to me.
Thanks!
GDS:et
attachment
August 28, 2009
Gil Spence
City of Dubuque -Leisure Services
2200 Bunker Hill Rd.
Dubuque, IA 52001-3010
Re: Proposal for Professional Services
Eagle Point Park Erosion Control
IIW Project No: 09085-00
Dear Gil:
IIW Engineers & Surveyors, P.C. appreciates the opportunity to submit this Proposal for
professional services for the above-referenced Project.
PROJECT DESCRIPTION
Dennis Waugh met with the Eagle Point Park downstream neighbor at 2925 Shiras and looked
over his property. There are two distinctly separate conditions: 1) the quantity of surface flow
down to the subject valley; and 2) sediment generated in the valley. These two conditions are
connected because the heavy runoff of the park's paved areas appears to be contributing to
picking up sediment in the forested area below and transporting it to the valley. Currently
sediment has accumulated in the existing rock check dam to the point where no more storage is
available in the rock check dam and it should be cleaned out. The existing storm sewer inlet is
plugged with sediment, thus resulting in the most recent damage. A portion of the area
contributing to the runoff is on City property and a portion of the area is on private property.
Although the paved surfaces within the City property generate a significant portion of the
runoff, the rest of the runoff would occur naturally. Rock check dams and a City owned storm
sewer is present upstream of an above grade swimming pool. The storm sewer intake needs
cleaning and sediment has filled the existing rock check dam causing the sediment to overflow
and flow around the resident's swimming pool damaging structures and equipment.
The two conditions can have a staged solution; trap the sediment above the pool and then
reduce the flow velocities through the natural channels. Added rock check dams would
function in a manner similar to the rock check dams already present and could include the
construction of a berm to direct any overflow around the swimming pool. The higher rate of
runoff creates higher velocities in the steep natural channels causing more sediment to be
picked up and transported. A detention basin upstream of the natural channel and downstream
of the paved areas would minimize the contribution to the sediment problem by reducing the
flow rate from the paved areas. This would all be done on private property, but would
primarily be minor grading, some storm sewer, and rock placement. This would also be the
most cost effective solution.
A small detention basin could be located in the valley below the restrooms near the bridge
building over the roadway. This appears to fit near the existing grass line at the lowest point of
mown grass and would capture and slowly release runoff from the tennis courts, parking lot,
and bridge building complex. A means of conveying water from the paved surfaces to the
detention basin would also be needed. This detention basin would be the most effective way to
reduce rate of runoff, but would not eliminate it, and could be somewhat costly relative to the
benefit.
IIW Engineers & Surveyors P C .
Dubuque, IA Hazel Green, WI
INTEGRITY. EXPERTISE. SOLUTIONS.
Dennis F. Waugh, PE/SE
Charles A. Cate, PE
Gary D. Sejkora, PE
Michael A. Jansen, PE/SE
Ronald A. Balmer, PE/SE
John M. Tranmer, PLS
Timothy J. Tranel, PE
John F. Wandsnider, PE
Julie P. Neebel, PE
James P. Kaune, PE
Thomas J. Oster, PLS
Wray A. Childers, PLS
Geoffry T. Blandin, PE
Mark C. Jobgen, PE
Lauren N. Ray, PE/SE
Bradley J. Mootz, PE/SE
Cody T. Austin, PE
Civil Engineering
Structural Engineering
Environmental Engineering
Municipal Engineering
Transportation Engineering
Architectural Engineering
Land Surveying
Quality Control Testing
Geotechnical Engineering
4155 Pennsylvania Avenue
Dubuque, Iowa 52002-2628
563-556-2464
563-556-7811 fax
www.iiwengccom
Eagle Point Park Erosion Control
August 28, 2009
Page 2 of 5
This scope of services will provide the hydraulic analysis to determine the appropriate rock ditch checks, the
appropriate detention basin size, and develop cost estimates for each. In addition this scope of services includes
preparation of construction documents for the rock ditch checks and associated work for the sediment
trapping/diversion. The detailed design and preparation of construction documents for the detention basin
construction would be done by an amendment to this contract.
SCOPE OF SERVICES
The following list of services will be provided by or under the direct personal supervision of a Professional
Engineer licensed to practice in the State of Iowa.
A. Preliminary Design Study
1. Map the related drainage areas and storm sewers from information in our office for the related
contributing areas. DAGIS will be used for this analysis.
2. Perform field survey to collect information in the area of the existing storm intake needed to prepare
construction documents for the rock ditch checks and berm. In addition, collection of data would utilize
City staff information as much as possible for pipe sizes, and depth of structures, especially for the pipe
reviewed at the site visit that did not appear to have an outlet.
3. Identify flow routes for storm water runoff. This includes flow through storm sewer and overland flow.
4. Perform hydrologic analysis to quantify flow from the identified drainage areas. Determine what
percentage of the runoff is generated by City property, and what percentage is generated by non-City
property.
5. Review runoff from paved surfaces to determine the flows to be captured by the proposed detention
basin in order to reduce velocities.
6. Research different types of storm sewer inlets for upstream of the pool, and select one that is not as
susceptible to plugging from the upstream timber. Evaluate extending the existing pipe (10' to 20') to
allow construction of an earthen berm above the pool and shaping an overflow swale around the pool.
7. Size and prepare a conceptual design for the detention basin to reduce flow rate from the park properly
using the existing topography and DAGIS. This is not adequate for construction documents, but will
be adequate for cost estimating.
8. Prepare an estimate of probable construction costs for both the rock ditch checks phase and the
detention basin phase.
9. Review possible storm sewer improvements and erosion control measures with City staff. Determine
schedule for bidding or, if based on cost estimates, competitive quotes can be used as a method to
select a contractor to perform the work.
B. Design Development
1. Prepare construction documents for the grading, rock ditch checks, and storm sewer modifications at
the existing storm sewer intake (as described in item #6 above). This would include plan location,
preliminary profile grades, and identification of major construction items to allow for contractor
bidding. Sheets to include:
a. Title sheet
b. Details sheet and sections
c. Grading plan
d. Storm sewer plan and profile (if applicable)
e. Erosion control plan.
2. Prepare specifications and bid schedule. Revise cost estimate to allow City Council memo to be
prepared (if needed).
3. Distribute plans to contractors for competitive quotes.
4. Respond to questions from contractors.
Eagle Point Park Erosion Control
August 28, 2009
Page 3 of 5
EXCLUSIONS FROM PROFESSIONAL SERVICES
The following is a list of services we are capable of providing, but have not included in this Proposal. We would
be more than willing to perform any or all of the services under a separate Proposal.
1. Right-of--way or easement plat preparation.
2. Services during construction.
COMPENSATION
Our fee for the above scope of services would be billed according to the following schedule:
A. Preliminary Design Study - a lump sum fee of $9,500.00 (Nine Thousand Five Hundred Dollars and no
cents).
B. Design Development - a lump sum fee of $5,200.00 (Five Thousand Two Hundred Dollars and no
cents).
PROJECT SCHEDULE
1. If a signed contract is received prior to September 1, 2009, the Preliminary Design Study is to be
completed by September 18, 2009 to allow meeting with the City to review options.
2. Design development will be able to be completed two weeks after the City
authorizes design development to proceed.
DELIVERABLES
The following items will be delivered to the City as the result of this Project:
1. Letter report of the result of the preliminary hydrologic/hydraulic analysis.
2. Preliminary plan showing general project improvements and extent.
3. Preliminary cost estimate for budget purposes.
4. Construction documents for the modifications at the existing storm sewer intake component of the
project.
GENERAL TERMS AND CONDITIONS
The attached General Terms and Conditions are a part of this Proposal. This proposal is valid for 30 days from
the date it was issued. If the services and fees defined in this proposal are acceptable, please return one signed
copy to our office. If you have any questions, or require further assistance, please feel free to contact me at
j.kaune@iiwengr.com or our office at (563) 556-2464. Thank you for allowing IIW Engineers & Surveyors, P.C.
to submit this proposal for engineering services.
Sincerely,
IIW ENGINEERS & SURVEYORS, P.C.
Ji Kaune, P.E. D is Waugh, P.E., S.E.
Project Manager Project Principal
I hereby acce this Proposal and General Terms and Conditions.
_ ~G<~
Autho ized Si ature Date
Typed or Printed Name
IIW ENGINEERS & SURVEYORS, P.C.
THE FOLLOWING GENERAL TERMS AND CONDITIONS SHALL APPLY TO THE ATTACHED AGREEMENT
FOR PROFESSIONAL SERVICES BETWEEN IIW ENGINEERS & SURVEYORS, P.C., HEREIN REFERRED
TO AS THE CONSULTANT, AND THE CLIENT IDENTIFIED IN THE ATTACHED AGREEMENT.
General Terms and Conditions
For City of Dubuque Agreements
The Client shall provide all criteria and full information with regard to his or her requirements for the Project, and shall designate
a person to act with authority on his or her behalf with respect to all aspects of the Project. This shall include, but not be limited
to, review and approval of design issues in the schematic design phase, design development phase, and contract documents phase.
These approvals shall include an authorization to proceed to the next phase.
Services beyond those outlined in the proposal may be required or be required as a result of unforeseen circumstances. The
Consultant under terms mutually agreed upon by the Client and the Consultant may provide these services.
For the scope of services agreed upon, the Client agrees to pay the Consultant the compensation as stated. Invoices for the
Consultant's services shall be submitted, at the Consultant's option, either upon completion of any phase of service or on a
monthly basis. Invoices shall be payable when rendered and shall be considered past due if not paid within 30 days after the
invoice date. A service chazge will be charged at the rate of 1.5% (18% true annual rate) per month or the maximum allowed by
law on the then outstanding balance of Past Due accounts. In the event any portion of an account remains unpaid 90 days after
billing, the Client shall pay all costs of collection, including reasonable attomey's fees.
The Consultant shall secure and maintain professional liability insurance, commercial general liability insurance, and automobile
liability insurance to protect the Consultant from claims for negligence, bodily injury, death, or property damage which may arise
out of the performance of the Consultant's services under this Agreement, and from claims under the Worker's Compensation
Acts. The Consultant shall, if requested in writing, issue a certificate confirming such insurance to the Client. Consultant shall at
all times during the performance of this Agreement provide insurance as required by the City of Dubuque Insurance Schedule C
with a Certificate of Insurance on file with the City.
The Client and the Consultant each agree to indemnify and hold the other harmless, and their respective officers, employees,
agents, and representatives, from and against any and all claims, damages, losses and expenses (including reasonable attorney's
fees) to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or
omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of Client and
Consultant, they shall be borne by each party in proportion to its negligence.
Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its
obligations results from any cause beyond its reasonable control and without its negligence.
The Client and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other
matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction
Industry Mediation Rules of the American Arbitration Association effective as of the date of this agreement.
The City acknowledges the Consultant's plans and specifications, including ail documents on electronic media, as instruments of
professional service. Nevertheless, any plans, specifications or studies prepazed under this Agreement shall become the property
of the City upon completion of the services and payment in full of all moneys due to the Consultant.
Copies of documents that may be relied upon by the Client are limited to the printed copies (also known as hazd copies) that are
signed or sealed by the Consultant. Files in electronic media format or text, data, graphic, or of other types that are furnished by
the Consultant to the Client are only for convenience of the Client. Any conclusion or information obtained or derived from such
electronic files will be at the user's sole risk. When transferring documents in electronic media format, the Consultant makes no
representations as to long-term compatibility, usability, or readability of documents resulting from the use of softwaze application
packages, operating systems, or computer hazdwaze differing from those used by the Consultant at the beginning of this project.
The delivery of electronic information to Contractors is for the benefit of the Owner for whom the design services have been
performed. Nothing in the transfer should be construed to provide any right of the Contractor to rely on the information provided
or that the use of the electronic information implies the review and approval by the Design Professional of the information.
Electronic information is drawings, data, modeled data, or computational models. It is our professional opinion that this
electronic information provides design information current as of the date of its release. Any use of this information is at the sole
risk and liability of the user who is also responsible for updating the information to reflect any changes in the design following
the preparation date of this information. The transfer of electronic information is subject to the approval of the Design
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IIW ENGINEERS & SURVEYORS, P.C
Professional. Depending upon the type of information requested, and the format, a fee may be required for
acquisition of the data, payable to the Design Professional. Contractors are required to submit a request in
writing to the Design Professional indicating the type and format of the information requested. The Design
Professional will make a reasonable effort to determine whether or not the information can be provided as
requested, and the fee for providing the information. ~~
If this Agreement provides for any construction phase services by the Consultant, it is understood that the Contractor, not the
Consultant, its agents, employees, or sub-consultants, is responsible for the construction of the project, and that the Consultant is
not responsible for the acts or omissions of any contractor, subcontractor, or material supplier; for safety precautions, programs,
or enforcement; or for construction means, methods, techniques, sequences, and procedures employed by the Contractor.
When included in the Consultant's scope of services, opinions of probable construction cost are prepared on the basis of the
Consultant's experience and qualifications and represent the Consultant's judgment as a professional generally familiar with the
industry. However, since the Consultant has no control over the cost of labor, materials, equipment, or services furnished by
others; over contractor's methods of determining prices, or over competitive bidding or market conditions, the Consultant cannot
and does not guarantee that proposals, bids, or actual construction cost will not vary from the Consultant's opinions of probable
construction cost.
The Client and the Consultant each binds himself or herself, partners, successors, executors, administrators, assigns, and legal
representative to the other party of this Agreement and to the partners, successors, executors, administrators, assigns, and legal
representative of such other party in respect to all covenants, agreements, and obligations of this Agreement.
Neither the Client nor the Consultant shall assign, sublet or transfer any rights under or interest in (including but without
limitations, monies that may be due or monies that are due) this Agreement, without the written consent of the other, except as
stated in the paragraph above, and except to the extent that the effect of this limitation may be restricted by law. Unless
specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assigner
from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Consultant from
employing such independent consultants, associates, and sub-contractors, as he or she may deem appropriate to assist in the
performance of services hereunder.
It is acknowledged by both parties that the Consultant's scope of services does not include any services related to the presence at
the site of asbestos, PCB's, petroleum, hazardous waste, or radioactive materials. The Client acknowledges that the Consultant is
performing professional services for the Client and the Consultant is not and shall not be required to become an "arranger",
"operator", "generator", or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1990 (CERCLA).
The Client may terminate this Agreement with seven days (7) prior written notice to the Consultant for convenience or cause.
The Consultant may terminate this Agreement for cause with seven (7) days prior written notice to the Client. The Client is
obligated to pay for all services rendered up to the date the Consultant receives the written notice of intent to terminate. Failure
of the Client to make payments when due shall be cause for suspension of services or ultimately termination, unless and until the
Consultant has been paid in all full amounts due for services, expenses, and other related charges.
This Agreement supersedes all terms and conditions contained on a purchase order typically procuring products. It is understood
by both parties upon execution of this agreement that if a purchase order is issued, it is for accounting purposes only. Purchase
order terms and conditions are void and are not a part of our agreement.
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