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University Culvert Exten D~~~E ~ck~ MEMORANDUM February 27, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: University Avenue Culvert Extension (CIP#7201811) & University Avenue Sanitary Sewer Reconstruction (CIP#7101805) City Engineer Gus Psihoyos recommends City Council approval to hire IIW Engineers for design services associated with the University Avenue Culvert Extension and University Avenue Sanitary Sewer Reconstruction projects. IIW will provide the design services in an amount not to exceed $9,225. I concur with the recommendation and respectfully request Mayor and City Council approval. /V~ Mfchael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psi hoyos, City Engineer .,.J D~~~E ~YAe-~ MEMORANDUM February 27, 2006 TO: Michael C. Van Milligen, City Mana?1 Gus Psi hoyos, City Engineer ..9Jv FROM: SUBJECT: University Avenue Culvert Extension (CIP#7201811) & University Avenue Sanitary Sewer Reconstruction (CIP#7101805) INTRODUCTION The purpose of this memo is to request authorization to hire IIW Engineers to provide design services for the University Avenue Culvert Extension (CIP#7201811) & University Avenue Sanitary Sewer Reconstruction (CIP#71 01805) projects. BACKGROUND The Drainage Basin Master Plan prepared by HDR Inc. (Omaha, NE) reported that adding a 12-foot by 12-foot box culvert under University Avenue would reduce the flooding limits by 3.5 acres during a 100-year rain. As part of the University Avenue Extension project, the additional 12-foot by 12-foot box culvert was constructed through the Iowa Glass property up to the University Avenue ROW. The University Avenue Culvert Extension Project entails the extension of the culvert under University Avenue. An appropriation of $225,000 was included in the FY07 Capital Improvement Program budget recommendation. In addition, the sanitary sewer was relocated as part of the University Avenue Extension Project because the existing sewer was not designed for the amount of fill required for the roadway project. The University Avenue Sanitary Sewer Reconstruction Project entails the continuation of the relocated 24- inch sanitary sewer under University Avenue. DISCUSSION Last March, the Iowa DOT granted the City permission to hire IIW Engineers to design the extension of 190-feet of 12' x 12' Box culvert through the Iowa Glass site to the University Ave. ROW as part of the University Avenue roadway project. At that time, Engineering considered three firms pre-qualified by the Iowa DOT: Buesing & Associates, IIW Engineers, and WHKS & Co. Because IIW Engineers designed the 12' x 12' box culvert installed in 1990, was the only one of the three with structural engineers in Dubuque, and has a lengthy history of producing quality design services at reasonable rates, Engineering concluding that IIW Engineers best met the needs of the City and the Iowa DOT. They subsequently were hired and designed the culvert that was constructed through the Iowa Glass property last fall. Engineering has established the scope of services to design the extension of the box culvert and the sanitary sewer under University Avenue to the Avenarius property, IIW Engineers has submitted a proposal to perform the work for an hourly fee, not-to-exceed $9,225. For the same reasons that IIW was selected to design the 12' x 12' box culvert through the Iowa Glass site, Engineering recommends hiring them to design the culvert and sanitary sewer improvements associated with the University Avenue Culvert Extension Project (CIP#7201811) and the University Avenue Sanitary Sewer Reconstruction Project (CIP#7101805). While the Administrative Policy does not require the issuance of an RFP in this case, should the City Manager choose to use the RFP process to select an engineer to do the design of the improvements, the following schedule would likely result: RFPs released to public: March 3, 2006 Responses due: March 17,2006 (only two weeks to respond) Short list established: March 24, 2006 Interviews: March 2yth through 31st Consultant selection: March 31,2006 Committee Recommendation to City Manager: April 3, 2006 Project Initiated by Consultant if selection is made by City Manager: April 10, 2006 Project Initiated by Consultant if selection is made by City Council: April 24, 2006 Construction Project Initiated: June 19, 2006 ~July 3rd if Council selects consultant) Construction Bids Due: July 6, 2006 (July 20t if Council selects consultant) Construction Project Awarded: July 17, 2006 (August yth if Council selects consultant) Following award, the contractor would order raw materials. Production and delivery to the site would take up to three weeks. They could move on site around July 31st. Under this scenario, University Avenue would be closed for the installation of the sanitary sewer and box culvert construction from about August yth to September 18th. Horsfeld Construction, the State's contractor for the University Avenue (roadway) Extension Project, anticipates that University Avenue closed to thru traffic from approximately July 1ih through August 9th As a result of this scheduling scenario, University Avenue will be closed to thru traffic from July 1ih through September 18th, a ten week period. IIW indicated that should they be given the notice to proceed the week of February 20th, the project could be awarded by the City Council on June 5th They SUbsequently indicated verbally that the deadline could be achieved if given a notice to proceed by March yth. University Avenue would be closed for the installation of the sanitary sewer and box culvert construction from about June 26th to August yth Under this scheduling scenario, University Avenue will be closed to thru traffic from June 26th through August yth, a six week period. While the schedules outlined above are only projections, accepting IIW's proposal, the impacts to traffic on University Avenue due to construction would be reduced. RECOMENDATION I recommend that the City hire IIW Engineers for design services associated with the University Avenue Culvert Extension and University Avenue Sanitary Sewer Reconstruction projects. BUDGET IMPACT The design services that IIW proposed not to exceed $9,225 will be funded from the Fiscal Year 2007 Capital Improvement Program Budget appropriations in the amount of $225,000 for the University Avenue Culvert Extension Project (CIP#7201811) and in the amount of $148,500 for the University Avenue Sanitary Sewer Reconstruction Project (CIP#7101805). ACTION STEP I respectfully request authorization to submit the attached Agreement with IIW Engineers to provide design services for the University Avenue Culvert Extension Project (CIP#7201811) and University Avenue Sanitary Sewer Reconstruction Project (CIP#7101805) to the City Council for consideration and approval. attachment Prepared by Deron Muehring CC: Dawn Lang, Budget Director; Ken TeKippe, Finance Director; Deron Muehring, Civil Engineer II; Todd Irwin, Engineering Assistant II February 27, 2006 Gus Psihoyos, P.E. City of Dubuque - Engineering Department 50 West 13th Street Dubuque, IA 52001 Re: Proposal for Professional Services Design for University Ave Box Culvert Extension Design for Sanitary Sewer relocation - Catfish Creek IIW Project No: 05085-03 Dear Gus: 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 The existing structure under University Avenue is a 12'xI2' box culvert. This project will provide for replacing the wing walls and construction of an extension parallel to the existing 12'xI2'RCB carrying University Avenue over the North Fork Catfish Creek in Dubuque. The culvert extension will connect to the twin RCB which was constructed in 2005. Roadway, sanilary sewer and culvert plans will be prepared by IIW Engineers & Surveyors, P.C. and submitted to the City of Dubuque to allow the City to obtain bids for the culvert replacement. The project also consists of the relocation of a Sanitary Sewer line adjacent to the culvert. Plans and specifications for construction will include the sanitary sewer relocation, reinforced box culvert structural design, and roadway replacement as one contract. City of Dubuque and Iowa Department of Transportation standard specifications shall be used. Sanitary sewer sizes will be 24" and 18" as approved in the preliminary design. SCOPE OF SERVICES A. Sanitary Sewer Relocation Preliminary Design 1. Create a TIN from the survey data provided by the City of Dubuque. 2. Make design calculations, determination, and judgments for the sanitary sewer. 3. Layout and arrange proposed sanitary sewer relocation based on locations as determined in the preliminary design. B. Box Culvert Preliminary Design I. Investigate existing site. 2. Prepare schematic sketch showing relationship between proposed headwall and the relocated North Fork Catfish Creek. 3. Determine limits of the University A venue disturbance to identify limits of roadway reconstruction. 4. Meet with City staff to verify proposed design for headwall and roadway reconstruction limits. 5. Submit request for Nation Wide Permit to Army Corps of Engineers. IIW Eng Dubuque, IA neers & Surveyors. P.C. Hazel Green, WI INTEGRITY. EXPERTISE. SOLUTIONS. ~ \ II f/6 ~ Dennis F. Waugh, PE/5E Charles A. Cate, PE Gary D. Sejkora, PE Michael A. Jansen, PE/5E Ronald A. Balmer, PE/5E 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. Johgen, PE Civil Engineering Structural Engineering Environmental Engineering Municipal Engineering Transportation Engineering Architectural Engineering Land Surveying Quality Control Testing Geotechnical Engineering 4] 55 Pennsylvania Avenue Dubuque, Iowa 52002-2628 563.556.2464 563.556.7811 fax www.iiwengr.com University Ave Box Culvert Extension and Sanitary Sewer Relocation February 27, 2006 Page 2 of5 C. Prepare final plans for bidding I. Sanitary sewer interceptor main relocation plans and profiles. 2. Structural Plan drawings to include site plan, detailed bar lists, quanl1l1es, and geometric layout. Design will utilize 12xl2 RCB Iowa DOT standards and include custom detailing headwall. 3. Prepare detailed working drawings (plans) and technical provisions (specifications) to develop and establish the requirements of the project including the roadway, culvert, and sanitary sewer to: a. Show the character and scope of work to be performed by the contractor on the project. b. Illustrate the relationship of the components of the projects. c. Fix and describe the size and character of the project. d. Outline piping, structural, hydraulic and construction requirements. e. Outline reinforcing and concrete requirements. 4. Prepare construction cost estimate 5. Prepare the form of contract and bidding documents, public notice information for bidders, proposal form, bid bond form, agreement form, contractor's improvement bond, general contract conditions, supplemental general contract conditions, and special contract provisions. All contract documents should be reviewed by the Owner's legal counsel. 6. Coordinate Submit final plans and specifications to City for distribution to contractors. 7. Respond to questions from contractor during bidding process and issue addendums. 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. I. Conduct or coordinate of archeologicallhistorical survey as subconsultant services. 2. Preparation of any plats such as: easement plats, vacation of easements, or plats of survey. 3. Construction Staking. This may be provided either under a separate proposal. 4. Construction Administration. This would include solicitation of bids from contractors, preparation, and administration of contracts, preparation of partial or final pay requests, and certification of substantial completion of the project. 5. Construction Inspection and Material Testing. This would include concrete testing for the reinforced box culvert, verification of reinforcing placement, responding to contractor questions related to the culvert construction. 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. a. Topographic Survey information b. Existing Right-of-Way locations and owner names c. Existing pavement structure and proposed replace pavement structure for University Ave. COMPENSATION Our fee for the above scope of services would be billed monthly as progress occurs. a. Sanitary Sewer Relocation preliminary design - Items Al through A3, Box Culvert Preliminary Design - Items BI through B5. and Prepare Final Plans for Bidding - Items CI - C7. Hourly Rate, Not-to-Exceed fee of $ 9,250.00. . ' University Ave Box Cnlvert Extension and Sanitary Sewer Relocation Febrnary 27, 2006 Page 3 of5 PROJECT SCHEDULE Prepare plans to allow construction to coincide with the closure of University A venue caused by the paving of the University A venue extension. Approximate schedule is to provide plans and a cost estimate to the City of Dubuque April 19,2006. Final review of plans to occur between April 19 - May I, 2006. Approval of council to initiate bids on May I, 2006 and delivery of final plans and specifications to the City of Dubuque on May 3, 2006. Authorization to proceed must be provided by February 20, 2006 in order to meet the above schedule. DELIVERABLES The following items will be delivered to the City as the result ofthis Project: I. Construction Cost estimate. 2. Final plans and specifications for construction. 3. Autocad files of the final plans 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. 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. 12- d~ _.~ ! ,,'I . . , , L-.-> j lie Neebel, P.E. P oj ect Manager Dennis Waugh, P.E., S.E. Vice 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 Box Cnlvert Extension and Sanitary Sewer Relocation Febrnary 27, 2006 Page 4 of5 General Terms and Conditions The Client shall provide all criteria and full infonnation 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 Of be required as a result of unforeseen circumstances. The Consultant under tenns 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 of this 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 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. University Ave Box Cnlvert Extension and Sanitary Sewer Relocation Febrnary 27, 2006 Page 5 of5 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.