University Embank Stabilization
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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.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psi hoyos, City Engineer
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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.