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Design Services Agreement_IIW Engineers for East 12th Street PeninsulaMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Design Service Agreement DATE: November 29, 2010 Public Works Director Don Vogt recommends hiring IIW Engineers to design and oversee the $100,000 project. Dubuque hail Ai- Amert:acily f 2007 With the expiration of the lease of City -owned industrial riverfront land on the 12 Street Peninsula to Freebird II, LLC — Lease 1 (Peavey Grain), the City now needs to prepare the property for future beneficial use as it is marketed to lease to other parties. The purposes of this memorandum are to provide information and recommend a course of action regarding the retention of a firm to design and oversee the installation of a truck scale, scalehouse, related data management equipment, and sanitary sewer lateral at the City's Purina Drive barge terminal and materials storage facility. While proposed as part of the Fiscal Year 2012 budget process, it is essential that this project be initiated in the immediate future for three reasons. First, there is the need for the City to assert full control over its facility, which would include the removal of the former tenant's truck scale and building. Secondly, in order for the City to market its Purina Drive barge terminal facility's storage and vending capabilities, it must have its own materials weighing infrastructure in place by the summer of 2011. Finally, and equally important, the former tenant's scale and scalehouse have been deemed in violation of the U.S. Army Corps of Engineers' standards for flood control system maintenance. The City has been ordered to have it relocated in the very near future. This year the City is using this site for storage of City salt and salt for local bid partners, like Dubuque County and Dubuque Community School District. The City has also contracted with Morton Salt to store salt that they are selling on the retail market. Peavey Grain is loading and unloading all the salt on a contract with the City. I concur with the recommendation and respectfully request Mayor and City Council approval. / Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Don Vogt, Public Works Director Jennifer Larson, Budget Director Dave Heiar, Economic Development Director Gus Psihoyos, City Engineer Steve Brown, Project Manager John Klostermann, Street and Sewer Maintenance Supervisor Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Don Vogt, Public Works Director ; -1 \J (` SUBJECT: Design Service Agreement DATE: November 19, 2010 Dubuque head Al- ameulca CIty 2007 INTRODUCTION The purposes of this memorandum are to provide information and recommend a course of action regarding the retention of a firm to design and oversee the installation of a truck scale, scalehouse, related data management equipment, and sanitary sewer lateral at the City's Purina Drive barge terminal and materials storage facility. BACKGROUND The Public Works Department's proposed FY12 Capital Improvement Project budget includes $100,000 for the project noted immediately above. While proposed as part of the FY12 budget process, it is essential that this project be initiated in the immediate future for three reasons. First of all, there is the need for the City to assert full control over its facility, which would include the removal of the former tenant's truck scale and building. Secondly, in order for the City to market its Purina Drive barge terminal facility's storage and vending capabilities, it must have its own materials weighing infrastructure in place by the summer of 2011. Finally, and equally important, the former tenant's scale and scalehouse have been deemed in violation of the U.S. Army Corps of Engineers' standards for flood control system maintenance. The City has been ordered to have it relocated in the very near future. DISCUSSION In the attached memorandum, Street and Sewer Maintenance Supervisor John Klostermann is recommending that the design firm most familiar with the Dubuque flood control system and the East 12th Street peninsula, IIW Engineers and Surveyors PC (IIW), be retained to design and oversee the project. He further recommends that IIW's service fees be deducted from site usage revenue already received from our current Purina Drive facility customers. concur with John's recommendation that IIW be retained for this project. In anticipation of your consideration of the attached contract documents, City Attorney Barry Lindahl has already reviewed them and deemed them as acceptable. ACTION STEP Your authorization to retain IIW for the noted project is requested. CC: Jenny Larson, Budget Director Attachments Masterpiece on the Mississippi TO: Don Vogt, Public Works Director FROM: John Klostermann, Street/Sewer Maintenance Supervisor SUBJECT: Purina Drive Barge Docking Facility Scale. DATE: November 15, 2010 Dubuque Al 4moicaali IV 2007 Introduction The purpose of this memorandum is to recommend that we enter into an agreement with IIW Engineers & Surveyors, P.C. (IIW) for the design of the proposed new scale at the Purina Drive barge docking facility. Background The Public Works Department Fiscal Year 2012 proposed Capital Improvement Budget includes a request for the design and installation of a scale, scale house, and data management equipment for the Purina Drive Barge Facility site. This proposal would provide for the installation of a truck scale, scale house and needed equipment to manage all material stored at the site including salt stored by the Public Works Department and its bid partners. A scale house and truck scale owned by the City at this location would allow the City to take completive bids for barge handling services and also add marketing and operational value to the site. Discussion In order to have a fully operational scale by the target date of August 1, 2011 it is important that site and construction plans for the project be developed and completed this fiscal year. I requested a proposal from IIW for the design of the site, scale, scale house and related site improvements. I also requested them to include in their proposal the design of a low pressure force main for the sanitary sewer which would serve the site. Currently the existing building and site is not connected to the City's sanitary sewer system. The current building's sanitary lateral is connected to a holding tank located near the building. While the sanitary sewer connection is not part of the Public Works Department proposed Capital Improvement Project the design and location of the low pressure system should be part of the site development plan. I am recommending that we enter into an agreement with IIW for a lump sum fee of $13,616 for services listed in section A of their proposal. I am also recommending that if the scale project is approved in the FY 2012 CIP budget we also agree to the terms listed as optional services in section B and C of this agreement. I believe that IIW Engineers & Surveyors, P.C. have the expertise and staff available to design this facility within the proposed time schedule. Currently $60,000 (10054425- 51977) is available in this fiscal year from the storage agreement with the Morton Salt Company for salt storage at the Purina Drive site. I am a recommending that the IIW design fees come from that revenue source. Action Required I am requesting that you review the attached proposal and recommend it to the City Manager for his approval. IIW ENGINEERS & SURVEYORS, P.C. November 4, 2010 John Klostermann Dubuque Public Works Department 625 Kerper Boulevard Dubuque, IA 52001 Re: Truck Weigh Scale for Salt Pile Operations IIW Project No.: 10000-00 Dear John: IIW Engineers & Surveyors, P.C. appreciates the opportunity to submit this proposal for professional services for the above - referenced project. Our staff, led by Charles A. Cate, P.E. will keep the project on schedule, and will keep the City of Dubuque informed of the progress during design and construction. PROJECT DESCRIPTION The project includes engineering services for the design of a truck weigh scale installation at the City of Dubuque road salt storage site on Purina Drive. The existing scale must be replaced as a result of U.S. Army Corps of Engineer policy regarding clearances from the flood dike'. The existing scale will be removed and the site surface restored. The existing scale is located too close to the flood dike. The new scale should be an at grade installation to avoid construction of a pit that would need dewatering. The installation should be equipped with a scale house that will be used year round both for delivery of material and dispensing of materials by truck. The building is anticipated to include a weigh scale office and control room and a uni -sex restroom that conforms to ADA regulations. The office shall be ADA accessible also. Since the facility will be used year round, heating and air conditioning climate control features shall be incorporated. Utility installation is necessary to serve the restroom with water and sewer. The nearest sewer is presumed to be on the west side of Kerper Boulevard. Water main piping exists on the salt pile site and service would be connected to the existing utility. Additional construction will include electrical power installation, coordination with the power company, installation of scale record and data management technology, and resurfacing an area adequate for truck approach and departure routes. SCOPE OF SERVICES We propose the following scope of services: A. Design 1. Project administration including coordination, project correspondence and meetings (initial and progress). 4155 Pennsylvania Avenue, Dubuque, Iowa 52002 -2628 • [P] 563.556.2464/800.556.4491 • [F] 563.556.8711 BUILDING DESIGN CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING www.iiwengr.com Dennis F. Waugh, PE /SE* Charles A. Cate, PE Gary D. Sejkora, PE Michael A. Jansen, PE /SE Ronald A. Balmer, PE /SE /AIA 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* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, AIA* Alice M. Ohrtmann, PE Craig J. Elskamp, AIA Robert W. Blok, PE * LEED AP iiw INTEGRITY. EXPERTISE. SOLUTIONS. City of Dubuque November 4, 2010 Page 2 of 2 2. Establish design criteria. 3. Meet with Public Works Department to establish design requirements. 4. Perform a topographic survey of the project site to a precision adequate for design. 5. Prepare a topographic plan to be used as the project base map. 6. Layout the project features on the plan sheets with appropriate scale, weigh house, paving, electrical, and utility design features. 7. Submit plan, profile, and detail drawings to Public Works Department representatives for review and comment. 8. Incorporate Public Works Department design comments into the final design 9. Prepare contract documents and technical specifications for the project using standard City of Dubuque specifications for a basis and modified for specific project requirements 10. Prepare a construction cost estimate based on the plans and specifications. 11. Right -of -way easements are not anticipated. 12. The city will be responsible for the payment of all permit fees. 13. Iowa DNR construction permit applications are not anticipated since the sanitary sewer connection is expected to be a single service lateral as is the water service connection. B. Optional Services - Coordination of Bid Letting, Award of Contract 1. Prepare Notice to Bidders for publication by the City. City staff will prepare Notice of Public Hearing for publication. 2. Distribute plans and specifications to potential bidders at City of Dubuque direction. Provide two hard copies and one electronic version in AutoCAD to the City of Dubuque Public Works Department if requested. 3. Answer questions from contractors and suppliers as necessary during the bidding process. 4. Evaluate and determine the acceptability of materials proposed by contractors and suppliers. 5. Attend a bid opening conducted at City Hall (City staff opens and reads bids). 6. Assist the City in evaluating the bids received by reviewing bids and tabulating bid results. 7. Submit a letter of recommendation for the award of the construction contract. C. Optional Services - Services During Construction 1. Construction Staking: The Engineer will provide graded offset stakes for scale, building, paving, sewer and water utility construction. All staking is on a one -time basis and any re- staking or additional staking can be billed at the current hourly rates. 2. Prepare partial and final pay request from Contractor. Pay quantities to be provided by construction observation personnel /inspector. 3. Answer questions and resolve construction issues during construction. 4. Construction Observation and Inspection: Provide part time construction observation and inspection for the duration of the contract. IIW Engineers & Surveyors, P.C. shall provide a qualified Resident Project Representative who will observe and inspect the progress and quality of the various aspects of the work by the Contractor, maintain a record of the materials used and the quantity of the work completed, and maintain a record of the installation location and configuration for use in preparation of a construction record drawing. By performing construction observation and inspection, IIW Engineers & Surveyors, P.C. can neither guarantee the performance of the contracts by the Contractor nor assume responsibility for the Contractor to furnish and perform the work in accordance with the contract documents. 5. Provide a letter of substantial completion. 6. Assist the City with the completion of the project completion form as required. 7. Construction Record Drawings /As- Builts: Construction record drawings /As- builts shall be provided by IIW. The drawings will be prepared from information provided by the Owner, the Contractor, and the Resident Project Representative. City of Dubuque November 4, 2010 Page 3 of 3 EXCLUSIONS FROM PROFESSIONAL SERVICES The scope of services provided for this project is limited to those specifically stated above. Any additional services will be provided for under a separate agreement. The following list is an example of services not included in this proposal: 1. Preparation of any Plats for relocating property lines or utilities. 2. Redesign of the phases of the project due to unforeseen conditions, changes in codes and public policies, or budget overruns. Any redesign will be completed at the standard hourly rates. COMPENSATION Compensation for the services listed above has been calculated in accordance with IIW hourly rates in effect at the time this proposal was prepared. Section A Design Lump Sum Fee of $13,616.00 Section B Coordination of Bid Letting, Award of Contract Lump Sum Fee of $ 2,339.00 Section B services are optional at City of Dubuque Discretion Section C Services During Construction Section C services are offered on a time and materials basis and can be provided to the level required by the City of Dubuque. ACCEPTANCE AND GENERAL CONDITIONS The attached General Terms and Conditions are a part of this proposal. This proposal will remain valid fora period of (60) calendar days from the proposal closing date. IIW would like to thank you for allowing us the opportunity to submit this proposal for engineering services. We look forward to working with you. Feel free to contact us if you have any questions. We can be reached at (563) 556- 2464 (office) or via email at c.cate @iiwengr.com (for Charlie Cate). Sincerely, IIW ENGINE. 1 S & SURVEYORS, P.C. Charles A. C. e, P.E. President I (we) here accept the above Proposal for Professional Engineering Services. By signing below, I (we) agree to the attached General ms and onditions. i i // / 2 / /r Authori;: Signature Date IIW ENGINEERS & SURVEYORS, P.C. General Terms and Conditions For City of Dubuque Agreements iiw 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. 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 charge 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 attorney'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 all documents on electronic media, as instruments of professional service. Nevertheless, any plans, specifications or studies prepared 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 hard 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 users 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 software application packages, operating systems, or computer hardware 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 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, Page4of5 IIW ENGINEERS & SURVEYORS, P.C. 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. Page 5 of 5 iiw rH CITY OF DUB Masterpiece on the Mississippi ISCLAIMER: This information was complied sing the Dubuque Area Geogrsphlc Information System ]AGIS). which include. data created by both the City of ubuqua and Dubuque County. It Is understood that, while e City of Dubuque and parldpating agencies glazed the ost current and acarate Information available, DAGIS and aupplan do not warrant the accuracy or ar of the formation or data contained herein. The Cty d participating gencies shall not be held Cable for any direct. Indirect. Incidental. mseguential, punitive, or specie! dame gee, whether foreseeable or nfore seeable, arising out of the authorized or unauthorized use of data or the Inability to use this data or out of any breach of arrant) whatsoever. 100 50 Freebird - Lease 1 Lease Agreement 1 inch = 200 feet 100 200 Feet WE Dubuque kdkig 'VIII► 2007 Map Prepared By: KJ City of Dubugc Engineering DWisic 50 West 13th Ste Dubuque, IA 520C Phone: (563) 589 -427 Fax: (563) 589 -42C F:rSBtownlLease Freebird - Lease Maps and PhotoslFreebird Lease