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University Embank Stabilization D'i:i~~E ~ck~ MEMORANDUM February 28, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: University Avenue Embankment Stabilization Project Iowa DOT No. ER 2100 (636)--58-31 City Engineer Gus Psihoyos recommends City Council approval to hire IIW Engineers & Surveyors, P.C. to complete the engineering design services for the University Avenue Embankment Stabilization Project in an amount not to exceed $13,900. I concur with the recommendation and respectfully request Mayor and City Council approval. rtj L(jl],- tL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psi hoyos, City Engineer .I" Dii~%auE ~Yk-~ MEMORANDUM February 28, 2006 TO: FROM: Mike Van Milligen, City Manager Gus Psihoyos, City Engineer ~.Q SUBJECT: University Avenue Embankment Stabilization Project Iowa DOT No. ER 2100 (636)--58-31 INTRODUCTION The purpose of this memorandum is to request City Council consideration and authorization to hire IIW Engineers & Surveyors, P.C. to complete the engineering design services for the University Avenue Embankment Stabilization Project. BACKGROUND The project site is located in the 3300 block of University Avenue. On May 22, 2004 heavy rains resulted in a flooding event that adversely affected approximately 500 feet of embankment on the north side of University Avenue. The existing creek located along the bottom of the slope became flooded and caused the toe of the slope to erode and scour, which caused the embankment slope to fail. The failed slope is in a near vertical position that has encroached within approximately four feet of the existing curb line at several locations and has undermined a section of the adjacent supported roadway. Within the road right-of-way there are several existing underground and overhead utilities in the immediate area of the embankment failure. These utilities are main service lines for much of the west end of Dubuque. The owners of the utilities expressed concern that it is not possible to temporarily relocate these service lines. Since the slope failure damages to University Avenue occurred on a minor arterial, as per the Federal Functional Classification System map for Dubuque, repairs are not FEMA eligible. Thus the City submitted a Detailed Damage Inspection Report and requested approval for Federal ER Funding to complete the permanent repair work. I arn pleased to inform you that the FHWA has reviewed the Betterment Cost Justification and has approved the use of ER program funding for the University Avenue Embankment Stabilization Project. ER FUNDING The estimated of probable cost for the approved betterment, Repair Alternate No. 1 is $340,300. The Federal funding share for the permanent restoration is 80% of 80% of the $340,300, or $217,792. The City funding share will be $122,508. However, the Federal participation shall not exceed 80% of 80% of $468,300, or $299,712 maximum. The City has budgeted funds for the project that will be used as the local match and for expenses that are not eligible for ER participation, such as consultant services, construction engineering and inspection, and right-of-way acquisition. There is currently $232,400 available in the University Avenue Embankment Stabilization Project CIP (3001080). PROJECT SCHEDULE Conditions of the ER program mandate that the obligation of this project for construction must be completed by September 30, 2006. In order to meet this fast tracked schedule, staff has developed a very aggressive timetable in accordance with the Iowa DOT critical path project development schedule which is outlined as follows: · 3/15/2006 - Establish project development criteria and final design standards . 4/1/2006 - Submit Corps of Engineers Permit . 4/11/2006 - Preliminary plans complete, submitted to Iowa DOT . 6/20/2006 - Check plans complete, submitted to Iowa DOT . 7/18/2006 - Right-of-way acquisition, permits issued and cleared . 7/18/2006 - Final plans complete, submitted to Iowa DOT . 10/17/2006 - Bid Letting through Iowa DOT in Ames RECOMMENDATION Due to the very aggressive timetable, staff would like to hire a consultant to assist with project development work efforts to ensure that critical path schedule obligations are maintained. Since IIW Engineers & Surveyors, P.C. assisted with evaluating and developing embankment repair alternatives and helped prepare the Betterment Cost Justification submittal, staff is recommending that IIW Engineers be retained to complete the engineering design services for the project. Based on the scope of work developed, the IIW proposal amount of $13,900 (not to exceed) is reasonable and acceptable. In addition, staff is recommending that IIW Engineers be hired to provide design services to complete the adjacent University Avenue Culvert Extension and Sanitary Sewer Reconstruction projects. Staff feels it would be in the City's best interest to have the same consultant responsible for overall coordination and construction document preparation for both abutting projects. ACTION TO BE TAKEN I respectfully request that the City Council consider the above recommendation; approve the hiring of IIW Engineers & Surveyors, P.C.; and hereby authorize the City Manager to execute the Consultant Agreement for Professional Services to complete the engineering design services for the University Avenue Embankment Stabilization Project. Prepared by Robert D. Schiesl, Assistant City Engineer cc: Dawn Lang, Budget Director February 28, 2006 Bob Schiesl, P.E. City of Dubuque - Engineering Department 50 West 13th Street Dubuque,IA 52001-4864 Re: Proposal for Professional Services Design and Permitting for University Ave. Slope Failnre IIW Project No: 05226-02,-03 Dear Bob: IIW Engineers & Surveyors, P .C. appreciates the opportunity to submit this proposal for professional services for the above referenced project. We have divided this proposal into the following sections to fully describe our proposal relating to this project: DESCRIPTION OF PROJECT On May 22, 2004, a flood event along the 3300 block of University Avenue, caused an embankment failure on the northerly side of the roadway. The existing creek became inundated with water resulting in erosion and scour at the toe of the slope. This damage caused the embankment slope to fail resulting in imminent danger to University Avenue pavement. FHW A has approved a betterment option which provides for moving the channel beyond the existing tree line while determining a method to provide protection from future flood events. Final plans will be prepared based on the approved preliminary design submittal to the Iowa Department of Transportation. Iowa Department of Transportation standard specifications shall be used. In order to obtain funding as authorized, the plans must be let as part of an Iowa DOT letting following the Critical Path Schedule. The schedule if further defined in the SCHEDULE section which follows. SCOPE OF SERVICES A. Prepare individual permit/or Army COE I. Create a TIN from the survey data provided by the City of Dubuque. 2. Make design calculations, determination, and judgments for the location of the revised channel based on restrictions for encroachment presented by the property owner. 3. Meet with City staff to verify proposed design including slopes, and precise project limits and scope. 4. Hydraulic analysis sufficient for the design of bend way wiers. 5. Prepare exhibits for inclusion with the individual COE permit including discussion of alternates considered, existing and proposed stream lengths and slopes. IIW Eng Dubuque, IA neers & Surveyors, P.C. 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, PFJSE 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 Gcoffry T. Blandin, PE Mark C. Jobgen, 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 563.556.78]] fax www.iiwengr.com University Ave Slope Failnre, Final Design Febrnary 28, 2006 Page 2 of6 B. Preliminary design submittal to Iowa DOT I. Coordinate work efforts between the City bid University A venue Box Culvert and Sanitary Sewer Relocation, Channel Relocation, and Roadway Embankment project limits. 2. Prepare preliminary slope stability analysis. 3. Prepare plans in Iowa DOT format in conformance with the concepts as presented on the lOOT Concept Statement. 4. Plans to include: a. Title sheet b. General notes and typical sections c. Plan and profile sheets d. Cross sections. 5. Complete preliminary plan checklist. 6. Submit preliminary plans to the Iowa Department of Transportation. C. Prepare check and final plans for Iowa DOT letting 1. Coordinate work efforts between the City bid University Avenue Box Culvert and Sanitary Sewer Relocation, Channel Relocation, and Roadway Embankment project limits. 2. Incorporate City, regulatory, and DOT review comments from preliminary plan submittal. 3. Prepare final roadway plans for an Iowa DOT standard secondary roads design including detailed working drawings (plans) and technical provisions (specifications) to develop and establish the requirements of the project for the roadway reconstruction and channel relocation. 4. Permit application preparation DNR Notice of Intent for NPDES Coverage. The Client shall be responsible for the payment of all permit, publishing, and application fees. 5. Incorporate proposed right-of-way limits provided by City into plans. 6. Prepare quantities and bid items for construction items. Assumes division of some quantities between eligible for DOT funding and non-eligible for DOT funding into two separate group codes. 7. Submit check plans to Iowa DOT and City for review in accordance with Iowa Department of Transportation Critical Path schedule. 8. Incorporate check plan comments from Iowa Department of Transportation. 9. Submit final plans, BIAS, and construction cost estimate to Iowa DOT and City. EXTRA 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 as a contract amendment. 1. Conduct or coordinate wetland survey, and archeologicallhistorical survey as subconsultant services. 2. Preparation of any plats such as: easement plats, vacation of easements, or plats of survey. 3. Construction Staking. 4. Construction Administration. This would include paperwork to meet DOT requirements and audit requirements. Includes preparation of partial and final pay requests, change orders, and certification of substantial completion of the project. University Ave Slope Failure, Final Design February 28, 2006 Page 3 of6 5. Construction Inspection and Material Testing. This would include DOT required testing, record keeping for quantity tracking purposes and verification of meeting the contract provisions. Includes responding to contractor questions. INFORMATION PROVIDED BY OWNER The following is a list of information we require from the City of Dubuque to perform the services as stated above. \. Topographic Survey information. 2. Wetland delineation information. 3. Existing Right-of-Way locations and owner names 4. Existing pavement structure and proposed replacement pavement structure for University Ave. 5. Acceptable limits of construction/encroachment of project onto adjacent property owner. 6. Proposed Right-of-Way locations. 7. Project Development Certificate for submittal with final plans on 7/18/06. COMPENSATION Our fee for the above scope of services would be billed monthly as progress occurs. \. Prepare COE permit and preliminary plans (Items Al -A5 and items BI - B4); Hourly Rate, Not-to- Exceed fee of $8,900.00. 2. Prepare check and final plans for Iowa DOT letting - (Items CI through C9), Lump Sum fee of $5,000.00. PROJECT SCHEDULE To ensure FHW A funding, improvement plans need to be part of an Iowa DOT letting on October 17, 2006. The Iowa DOT has a critical path schedule specifYing submittal dates. To meet the DOT schedule the following schedule would need to be met: Information about allowable limits of construction 3/7/06 Submit Individual permit to COE - 3/16/06 Preliminary plans due to Iowa DOT 4/1 1106 Check plans (100 % complete including quantities) due to the Iowa DOT: 6/20/06. Final plans (with check plan comments incorporated) due to the Iowa DOT: 7/18/06. Environmental issues and right of way cleared: 7/18/06. Letting in Ames through Iowa Department of Transportation: 10/17/06 DELIVERABLES The following items will be delivered to the City as the result ofthis Project: \. Copy of permit applications submitted to COE for an individual permit 2. Copy of preliminary plans submitted to Iowa DOT. 3. Construction Cost estimate at time of check plan submittal. 4. NPDES Permit application 5. Final plans and specifications for construction. 6. Electronic copy of final plans in autocad format. University Ave Slope Failure, Final Design February 28, 2006 Page 4 of6 GENERAL TERMS AND CONDITIONS General Terms and Conditions are a part of this Proposal. In addition to the conditions listed below, the City of Dubuque shall be owners of all documents including calculations, computer files, drawings, and specifications prepared by the Consultant for use in construction of this Project. Insurance provisions are on file with the City of Dubuque meeting the City of Dubuque Insurance Schedule C requirements. A copy of the certificate of insurance will be provided upon request. This Proposal is valid for 30 days from the date of this letter. The schedule identified assumes authorization to proceed on or about March 7, 2006. If authorization to proceed is not obtained at that time, meeting the project schedule cannot be guaranteed. If the services and fees defined in this Proposal are acceptable, please return one signed copy to our office. Thank you for allowing IIW Engineers & Surveyors, P.c. to submit this Proposal for engineering services. Sincerely, IIW ENGINEERS & SURVEYORS, P.c. gJ~ '----.,\' , ( <)V''^-'-! \L lbl" 'iulie Neebel, P.E. Project Manager Dennis Waugh, P.E., S.E. V ice President If the terms of this proposal are acceptable, please sign below and return one copy to our office. Thank you. Authorized Signature Date 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 above Agreement. University Ave Slope Failure, Final Design February 28, 2006 Page 5 of6 General Terms and Conditions 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 endeavor to 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. 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. In recognition of the relative risks, rewards and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by the law, the Consultant's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses rising out ofthis Agreement, from any cause or causes, shall not exceed the amount of the Consultant's fee or other amount agreed upon. Such causes include, but are not limited to, the Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. 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. All documents including calculations, computer files, drawings, and specifications prepared by the Consultant pursuant to this Agreement are instruments of professional service intended for the one time use in construction of this Project. They are and shall remain the property of the Consultant. Any re-use without written approval or adaptation by the Consultant shall be at the Client's sole risk and the Client agrees to indemnify and hold the Consultant harmless from all claims, damages, and expenses, including attorney's fees, arising out of such reuse of documents by the Client and by others acting through the Client. 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 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 software application packages, operating systems, or computer hardware differing from those used by the Consultant at the beginning of this Project. 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 suh-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. University Ave Slope Failure, Final Design February 28, 2006 Page 6 of6 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 perfonning 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 tenninate 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 tenns and conditions are void and are not a part of our agreement.