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Signed Contract_IIW Engineers for High Water Level Alarm ProjectTHE CITY OF VIM Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Don Vogt, Public Works Director SUBJECT: Engineering Services for High Water Level Alarm Project DATE: April 22, 2013 INTRODUCTION The purposes of this memorandum are to provide information and recommend a course of action regarding the engineering services needed by the City for its Flood Control High Water Level Alarm Project (CIP #2404). BACKGROUND In recent years, IIW Engineers and Surveyors P.C. (IIW) has provided the engineering design and construction oversight services for all of the City's recent upgrades to its flood control infrastructure. These projects included the addition of auxiliary power generators at all four of our floodwall's pumping stations, expanded pumping capacity at the Ice Harbor pumping station, and, building and pump control improvements at the Bee Branch pumping station. The budgeted addition of high water level alarms at these pumping stations will require not only basic knowledge of the City's flood control infrastructure, but also extensive knowledge of the subsequent modifications made to the flood control system's pumping stations. DISCUSSION The Public Works Department's FY13 capital improvement project (CIP) budget provides funds in the amount of $9,500, along with additional funding ($29,328) budgeted in FY14, FY15, and FY16 for the design and installation of high water level alarm systems at all four pumping stations (Maus Lake, Ice Harbor, Bee Branch, and Hawthorne). A total budget of $38,828 has been provided for this multi-year project. Street and Sewer Maintenance Supervisor John Klostermann is recommending a different approach to the project than what we had originally proposed. I concur with his recommendation (attached) regarding the new approach and a new supplemental funding source. I also concur with his recommendation that IIW Engineers and Surveyors P.C. (IIW) be retained to provide all project design and management services, principally due to its extensive knowledge concerning our floodwall and its previous excellent work for us in that regard. IIW's service proposal is attached. IIW is currently estimating that its scope of services would cost approximately $20,500. City Attorney Barry Lindahl has already reviewed and approved IIW's service proposal. 1 ACTION STEP I recommend that you endorse the attached service proposal from IIW for the noted project. CC: Barry A. Lindahl, City Attorney Jenny Larson, Budget Director Attachments 2 Masterpiece on the Mississippi TO: Don Vogt, Public Works Director FROM: John Klostermann, Street/Sewer Maintenance Supervisor I k, SUBJECT: Engineering Services — High Water Level Alarm Project CIP# 7202404 DATE: April 22, 2013 Dubuque ***** AO America City 11111 2012 Introduction In this memorandum I will recommend that IIW Engineers and Surveyors P.C. (IIW) provide professional services to the City for its Flood Control High Water Level Alarm Project. Background IIW Engineers and Surveyors P.C. has provided professional services for all of the City's recent upgrades to its flood control pumping stations. These projects included the addition of back-up power generators at all four of our pumping stations, pumping capacity improvements at the Ice Harbor pumping station, and, building and pump control improvements at the Bee Branch pumping station. The addition of high water level alarms at these pumping stations will require not only knowledge of the City's flood control infrastructure, but also of subsequent modifications made to the flood control system's pumping stations. Discussion The Public Works Department's FY 2013 capital improvement project (CIP) budget provides funds ($9,500), along with additional funding budgeted in FY 2014 — FY 2016, for the design and installation of high water level alarm systems at all four pumping stations. A total budget of $38,828 has been provided for this multi-year project. I am recommending that we take a different approach to the project than that described in the budget documents. It is my recommendation to hire services for the design of the alarm systems at the Hawthorne Street, Ice Harbor and Maus Lake stations at this time using funds ($10,000) available in the FY 2013 and FY 2014 CIP budgets for this project. I also propose that the remaining funds needed for design ($2,500), competitive quoting and contract award services ($2,600), and construction administration services ($5,400) come from funds currently remaining ($81,574) in the Floodwall — Post Flood Repairs CIP# 350-1445. I believe designing these three stations' alarm systems concurrently will be more cost effective and facilitate more timely installations of the alarm systems. I am also recommending that the alarm system 1 for the Bee Branch pumping station be incorporated into the Bee Branch Pumping Station Gates Reconstruction Project scheduled for FY 2014 — FY 2015. Action Required It is my recommendation to enter into an agreement with IIW for design, competitive quoting, and, contract and construction administration services assistance. IIW's comprehensive knowledge of Dubuque's flood control system and our recent modifications at the flood control pumping stations make it the logical choice to assist us with this project. City Attorney Barry Lindahl has reviewed and approved the attached IIW proposal and I am requesting that you recommend it to the City Manager for his signature. Attachment 2 AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DUBUQUE, IOWA AND IIW, P.C. FOR FLOODWALL PUMPING STATION HIGH WATER LEVEL ALARM PROJECT IIW PROJECT NO. 13033 -02 THIS AGREEMENT is made this 27th day of February, 2013, by and between: City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 -4854 hereinafter referred to as the "Owner ", and IIW, P.C. 4155 Pennsylvania Avenue Dubuque, Iowa 52002 -2628 a professional corporation in Dubuque, Iowa, hereinafter referred to as the "Engineer ". WHEREAS, the Owner wishes to make a combination of control and high water level alarm improvements at the Ice Harbor, Maus Lake and Hawthorne Street storm water pumping stations to facilitate a quicker response to rising water conditions in the Mississippi River. The improvements to be made are more specifically described as follows: At the Ice Harbor station the City employs an automatic control system with an ultrasonic level measurement transducer, the City wishes to add an alarm dialer to the existing system that would function to alert Public Works staff of rising river levels and indicate the operation of the standby generator. At the Maus Lake and Hawthorne Street stations the City wishes to install updated automatic control systems with ultrasonic level measurement transducers and alarm dialers that would function to alert Public Works staff of rising river levels and indicate the operation of the standby generator. It is understood that each station is already set up to function automatically but the existing mercuric float measurement and control system is in need of replacement. WHEREAS, the Owner desires to engage the Engineer to provide professional services required for site characterization, data collection, design and preparation of technical specifications, plan sheets and contract documents as necessary for USACE approval and competitive quoting of the storm water pumping station improvements as described in the above paragraphs. Additionally, the Engineer will provide professional services required for receiving competitive quotes and construction administration services for the project. WHEREAS, the accomplishment of the hereinafter described work and services is authorized by execution of this agreement between the Owner and the Engineer. NOW THEREFORE IT IS AGREED AS FOLLOWS: P.C. www omvrengracom ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING Dennis F. Waugh, PE /SE* Charles A. Cate, PE** Gary D. Sejkora, PE Michael A. Jansen, PE /SE Ronald A. Balmer, PE /SE /AIA 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, NCARB /AIA* Alice M. Ohrtmann, PE Craig J. Elskamp, AIA Robert W. Blok, PE Eric J. Helminiak, PE /SE* Steven J. Hunn, PE Jeffrey J. Brandt, PLS / RLS Craig L. Geiser, PLS / RLS Adam J. Moris, PE James P. Maloney, PE * LEED AP ** Retired ijw PART I - SCOPE OF SERVICES SECTION A - DESIGN SERVICES The Engineer agrees to perform the following design services: 1. Meet with City staff to discuss, coordinate, plan and further characterize the project. 2. Inspect the existing storm water pumping station installations, and review existing construction plans if available to determine their configuration character, sizing, and details of construction. 3. Collect topographic and/or dimensional data within the storm water pumping stations as needed to complete the design improvements. 4. Make design calculations, determinations and judgments. 5. Evaluate equipment and construction material alternatives. 6. Layout and arrange proposed control panels, ultrasonic transducers and alarm dialers with associated electrical /signal control conduits. 7. Prepare technical construction specifications outlining equipment, materials and methods of construction. 8. Prepare an engineer's opinion of probable cost for the proposed improvements. 9. Submit technical specifications to City Staff for review and subsequently send to the USACE for approval. 10. Provide reproducible electronic and paper (photocopy) versions of the completed construction plans and specifications. The construction plans and technical specifications will be signed by a Professional Engineer licensed within the State of Iowa. SECTION B - COMPETITIVE QUOTING AND CONTRACT AWARD SERVICES The Engineer agrees to perform the following services when the project is ready for quoting: 1. Provide competitive quoting and contract award services as follows: a. Assist City staff in determining qualified contractors to invite to provide competitive quotes. b. Print and distribute plans and specifications in electronic or paper format. c. Prepare and issue addenda. d. Respond to questions from contractors during quoting. e. Prepare a statement of the Engineer's opinion of the construction cost for the project based upon the completed design. 2. Tabulate and evaluate quotes received. Recommend action regarding contract award. 3. Prepare contracts between the Owner and the successful bidder. SECTION C - CONSTRUCTION ADMINISTRATION SERVICES The Engineer agrees to perform the following services when the project is ready for construction: 1. Conduct a preconstruction meeting with the Owner and Contractor as necessary. 2. Consult with and advise the Owner and act as the Owner's representative. 3. Review shop drawings, and other data which any Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents. 2 4. Provide interpretation of the drawings and specifications. 5. Issue instructions as requested by the Owner to the Contractor. 6. Perform on -site construction observation services as needed (assumes 2 trips to each of the 3 sites for a 3 hour duration each trip for a total of 18 hours of observation services including travel time). 7. Prepare contractor payment requests and change orders. 8. Conduct a final inspection to determine if the project has been completed in substantial compliance with the Contract Documents and to determine that the Contractor has fulfilled the obligations thereunder. SECTION EX - EXTRA SERVICES Services other than those listed under A, B and C of Part I may be required of the Engineer by the Owner. The Owner shall advise and/or authorize the Engineer to perform extra services. All services not specifically listed under A, B and C of Part I are classified as extra services. The extra services offered by the Engineer include, but are not limited to, the following: 1. Additional services during construction such as: a. Provide value engineering for contractor or City suggested modifications and changes due to unforeseen conditions or field conditions. b. Perform additional on -site construction observation services requiring more time than specifically indicated in Section C. 2. Services resulting from significant changes in the general scope, extent or character of the project or its design including, but not limited to, changes in size, schedule, complexity, character of construction or method of financing. This includes Owner requested changes to previously approved deliverables and significant changes based on dividing the project into more than one phase. 3. Services resulting from revising previously accepted studies, reports, design documents or contract documents when revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of studies, reports or documents, or are due to any other causes beyond the Engineer's control. This includes Owner requested changes to previously approved deliverables. 4. Services relating to the disposal or handling of the existing mercuric float measurement system. 5. Preparing documents for alternate bids as requested by the Owner. 6. Assistance in connection with bid protests, rebidding or renegotiating (subsequent to any initial negotiation at the time of contract award) contracts for construction, materials, equipment or services, unless directly resulting from errors and omissions by the Engineer. 7. Preparing to serve or serving as a consultant or witness for the Owner in any litigation, arbitration, condemnation, or other legal or administrative proceedings involving the project. 8. Additional services resulting from the project involving separate construction contracts, separate equipment contracts or separate building trades unless proposed by the Engineer. 9. Services during construction such as: a. Work damaged by fire or other cause during construction. b. A significant amount of defective or neglected work of the Contractor. c. Prolongation of the construction contract time of any construction contract. d. Acceleration of the work schedule involving services beyond normal working hours. e. Default of any contractor or subcontractor on the construction contract. 3 PART II - OWNER'S RESPONSIBILITIES The Owner shall do the following in a timely manner so as not to delay the services of Engineer: 1. Designate a person to act as Owner's representative with respect to the services to be rendered under this agreement. The Owner's representative shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to the Engineer's services for the project. 2. Work with the Engineer to establish the Owner's criteria and requirements. Criteria shall include design objectives, design and construction constraints, capacity and performance requirements, flexibility and expandability requirements and budgetary limitations. 3. Furnish copies of all design and construction standards that the Owner requires in the drawings and specifications. 4. Place at the Engineer's disposal all available design or construction related reports, data and information. 5. Coordinate with the Engineer for access for the Engineer to enter upon public and private property as required for the Engineer to perform services under this agreement. 6. Furnish approvals and permits as may be required from the Owner and pay permit or approval fees of other governmental authorities having jurisdiction over the project. 7. Provide legal, accounting, and insurance counseling services as may be required for the project. 8. Give prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of the Engineer's services, or any defect or nonconformance in the work of any Contractor. 9. Direct the Engineer to provide Extra Services as desired and as stipulated in Section EX of Part I of this agreement. 10. Pay all costs incidental to obtaining permits from applicable agencies, and bids or proposals from contractors and/or suppliers; and all costs incidental to compliance with the requirements of Part II. 4 PART III - COMPENSATION Sections A — C: Design, permit applications, and bidding services shall be a lump sum fee of $20,500.00 (Twenty Thousand Five Hundred Dollars and Zero Cents). An estimated breakdown by work product is as follows: Section A Design Services $12,500.00 Section B Competitive Quoting and Contract Award Services $2,600.00 Section C Construction Administration Services $5,400.00 TOTAL $20,500.00 Section B ® Item 1b: The fee for Item 1b will be the actual cost of materials for printing plans and specifications and distribution to interested and qualified contractors, equipment and material suppliers, and other interested parties for bidding purposes. The fee will include the cost of printing, binding, packaging, and postage /shipping of plans and specifications. The fee is not included in the above total cost breakdown. It will be invoiced separately as a reimbursable expense. Extra Services as defined in Section EX of Part I, or other extra services, shall be based either on the time required at the Engineer's normal hourly rates, or on a lump sum fee. The lump sum fee is to be established and approved by the Owner and the Engineer prior to performing defined extra services. 5 PART IV — TERMS AND CONDITIONS THE FOLLOWING GENERAL TERMS AND CONDITIONS SHALL APPLY TO THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN IIW, P.C., HEREIN REFERRED TO AS THE CONSULTANT, AND THE CLIENT IDENTIFIED IN THE ATTACHED AGREEMENT. General Terms and Conditions For City of Dubuque Agreements The Client shall provide all criteria and full information with regard to his or her requirements for the Project, and shall designate a person to act with authority on his or her behalf with respect to all aspects of the Project. This shall include, but not be limited to, review and approval of design issues in the schematic design phase, design development phase, and contract documents phase. These approvals shall include an authorization to proceed to the next phase. Services beyond those outlined in the proposal may be required or be required as a result of unforeseen circumstances. The Consultant under terms mutually agreed upon by the Client and the Consultant may provide these services. For the scope of services agreed upon, the Client agrees to pay the Consultant the compensation as stated. Invoices for the Consultant's services shall be submitted, at the Consultant's option, either upon completion of any phase of service or on a monthly basis. Invoices shall be payable when rendered and shall be considered past due if not paid within 30 days after the invoice date. A service 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 Consultant and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Consultant intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. The Consultant and the Consultant's sub - consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Consultant and the Consultant's sub - consultants. Upon execution of this Agreement, the Consultant grants to the Owner a nonexclusive license to use the Consultant's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Consultant shall obtain similar nonexclusive licenses from the Consultant's sub - consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Consultant rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. In the event the Owner uses the Instruments of Service without retaining author of the Instruments of Service, the Owner releases the Consultant and sub - consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Consultant and its sub - consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person 6 or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Consultant. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Consultant and the Consultant's sub - consultants. 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. 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, 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. 7 PART V - APPROVAL IN WITNESS WHEREOF, the parties hereto have made and executed this agreement in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers as of the date below indicated: EXECUTED BY THE OWNER THIS CITY OF DUBUQUE, IOWA DAY OF t' , 2013. Michael Van Milligan, City Manager EXECUTED BY THE ENGINEER THIS DAY OF � , 2013. IIW, P.C. Timothy J. rant, P.E., Vice President WITNESS: Marc D. Ruden, P.E., Project Manager CITY OF DUBUQUE, IOWA FLOODWALL PUMPING STATION HIGH WATER LEVEL ALARM PROJECT PROFESSIONAL SERVICES 2013 8 AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DUBUQUE, IOWA AND IIW, P.C. FOR FLOODWALL PUMPING STATION HIGH WATER LEVEL ALARM PROJECT IIW PROJECT NO. 13033 -02 THIS AGREEMENT is made this 27th day of February, 2013, by and between: City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 -4854 hereinafter referred to as the "Owner ", and IIW, P.C. 4155 Pennsylvania Avenue Dubuque, Iowa 52002 -2628 a professional corporation in Dubuque, Iowa, hereinafter referred to as the "Engineer ". WHEREAS, the Owner wishes to make a combination of control and high water level alarm improvements at the Ice Harbor, Maus Lake and Hawthorne Street storm water pumping stations to facilitate a quicker response to rising water conditions in the Mississippi River. The improvements to be made are more specifically described as follows: At the Ice Harbor station the City employs an automatic control system with an ultrasonic level measurement transducer, the City wishes to add an alarm dialer to the existing system that would function to alert Public Works staff of rising river levels and indicate the operation of the standby generator. At the Maus Lake and Hawthorne Street stations the City wishes to install updated automatic control systems with ultrasonic level measurement transducers and alarm dialers that would function to alert Public Works staff of rising river levels and indicate the operation of the standby generator. It is understood that each station is already set up to function automatically but the existing mercuric float measurement and control system is in need of replacement. WHEREAS, the Owner desires to engage the Engineer to provide professional services required for site characterization, data collection, design and preparation of technical specifications, plan sheets and contract documents as necessary for USACE approval and competitive quoting of the storm water pumping station improvements as described in the above paragraphs. Additionally, the Engineer will provide professional services required for receiving competitive quotes and construction administration services for the project. WHEREAS, the accomplishment of the hereinafter described work and services is authorized by execution of this agreement between the Owner and the Engineer. NOW THEREFORE IT IS AGREED AS FOLLOWS: P.C. engr.com ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING Dennis F. Waugh, PE /SE* Charles A. Cate, PE ** Gary D. Sejkora, PE Michael A. Jansen, PE /SE Ronald A. Balmer, PE /SE /AIA 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, NCARB /AIA* Alice M. Ohrtmann, PE Craig J. Elskamp, AIA Robert W. Blok, PE Eric J. Helminiak, PE /SE* Steven J. Hunn, PE Jeffrey J. Brandt, PLS / RLS Craig L. Geiser, PLS / RLS Adam J. Moris, PE James P. Maloney, PE * LEED AP ** Retired ijw PART I - SCOPE OF SERVICES SECTION A - DESIGN SERVICES The Engineer agrees to perform the following design services: 1. Meet with City staff to discuss, coordinate, plan and further characterize the project. 2. Inspect the existing storm water pumping station installations, and review existing construction plans if available to determine their configuration character, sizing, and details of construction. 3. Collect topographic and /or dimensional data within the storm water pumping stations as needed to complete the design improvements. 4. Make design calculations, determinations and judgments. 5. Evaluate equipment and construction material alternatives. 6. Layout and arrange proposed control panels, ultrasonic transducers and alarm dialers with associated electrical /signal control conduits. 7. Prepare technical construction specifications outlining equipment, materials and methods of construction. 8. Prepare an engineer's opinion of probable cost for the proposed improvements. 9. Submit technical specifications to City Staff for review and subsequently send to the USACE for approval. 10. Provide reproducible electronic and paper (photocopy) versions of the completed construction plans and specifications. The construction plans and technical specifications will be signed by a Professional Engineer licensed within the State of Iowa. SECTION B - COMPETITIVE QUOTING AND CONTRACT AWARD SERVICES The Engineer agrees to perform the following services when the project is ready for quoting: 1. Provide competitive quoting and contract award services as follows: a. Assist City staff in determining qualified contractors to invite to provide competitive quotes. b. Print and distribute plans and specifications in electronic or paper format. c. Prepare and issue addenda. d. Respond to questions from contractors during quoting. e. Prepare a statement of the Engineer's opinion of the construction cost for the project based upon the completed design. 2. Tabulate and evaluate quotes received. Recommend action regarding contract award. 3. Prepare contracts between the Owner and the successful bidder. SECTION C - CONSTRUCTION ADMINISTRATION SERVICES The Engineer agrees to perform the following services when the project is ready for construction: 1. Conduct a preconstruction meeting with the Owner and Contractor as necessary. 2. Consult with and advise the Owner and act as the Owner's representative. 3. Review shop drawings, and other data which any Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents. 2 4 Provide interpretation of the drawings and specifications. 5. Issue instructions as requested by the Owner to the Contractor. 6. Perform on -site construction observation services as needed (assumes 2 trips to each of the 3 sites for a 3 hour duration each trip for a total of 18 hours of observation services including travel time). 7. Prepare contractor payment requests and change orders. 8. Conduct a final inspection to determine if the project has been completed in substantial compliance with the Contract Documents and to determine that the Contractor has fulfilled the obligations thereunder. SECTION EX - EXTRA SERVICES Services other than those listed under A, B and C of Part I may be required of the Engineer by the Owner. The Owner shall advise and/or authorize the Engineer to perform extra services. All services not specifically listed under A, B and C of Part I are classified as extra services. The extra services offered by the Engineer include, but are not limited to, the following: 1. Additional services during construction such as: a. Provide value engineering for contractor or City suggested modifications and changes due to unforeseen conditions or field conditions. b. Perform additional on -site construction observation services requiring more time than specifically indicated in Section C. 2. Services resulting from significant changes in the general scope, extent or character of the project or its design including, but not limited to, changes in size, schedule, complexity, character of construction or method of financing. This includes Owner requested changes to previously approved deliverables and significant changes based on dividing the project into more than one phase. 3. Services resulting from revising previously accepted studies, reports, design documents or contract documents when revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of studies, reports or documents, or are due to any other causes beyond the Engineer's control. This includes Owner requested changes to previously approved deliverables. 4. Services relating to the disposal or handling of the existing mercuric float measurement system. 5. Preparing documents for alternate bids as requested by the Owner. 6. Assistance in connection with bid protests, rebidding or renegotiating (subsequent to any initial negotiation at the time of contract award) contracts for construction, materials, equipment or services, unless directly resulting from errors and omissions by the Engineer. 7. Preparing to serve or serving as a consultant or witness for the Owner in any litigation, arbitration, condemnation, or other legal or administrative proceedings involving the project. 8. Additional services resulting from the project involving separate construction contracts, separate equipment contracts or separate building trades unless proposed by the Engineer. 9. Services during construction such as: a. Work damaged by fire or other cause during construction. b. A significant amount of defective or neglected work of the Contractor. c. Prolongation of the construction contract time of any construction contract. d. Acceleration of the work schedule involving services beyond normal working hours. e. Default of any contractor or subcontractor on the construction contract. 3 PART II - OWNER'S RESPONSIBILITIES The Owner shall do the following in a timely manner so as not to delay the services of Engineer: 1. Designate a person to act as Owner's representative with respect to the services to be rendered under this agreement. The Owner's representative shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to the Engineer's services for the project. 2. Work with the Engineer to establish the Owner's criteria and requirements. Criteria shall include design objectives, design and construction constraints, capacity and performance requirements, flexibility and expandability requirements and budgetary limitations. 3. Furnish copies of all design and construction standards that the Owner requires in the drawings and specifications. 4. Place at the Engineer's disposal all available design or construction related reports, data and information. 5. Coordinate with the Engineer for access for the Engineer to enter upon public and private property as required for the Engineer to perform services under this agreement. 6. Furnish approvals and permits as may be required from the Owner and pay permit or approval fees of other governmental authorities having jurisdiction over the project. 7. Provide legal, accounting, and insurance counseling services as may be required for the project. 8. Give prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of the Engineer's services, or any defect or nonconformance in the work of any Contractor. 9. Direct the Engineer to provide Extra Services as desired and as stipulated in Section EX of Part I of this agreement. 10. Pay all costs incidental to obtaining permits from applicable agencies, and bids or proposals from contractors and/or suppliers; and all costs incidental to compliance with the requirements of Part II. 4 PART III - COMPENSATION Sections A — C: Design, permit applications, and bidding services shall be a lump sum fee of $20,500.00 (Twenty Thousand Five Hundred Dollars and Zero Cents). An estimated breakdown by work product is as follows: Section A Design Services $12,500.00 Section B Competitive Quoting and Contract Award Services $2,600.00 Section C Construction Administration Services $5,400.00 TOTAL $20,500.00 Section B - Item lb: The fee for Item 1 b will be the actual cost of materials for printing plans and specifications and distribution to interested and qualified contractors, equipment and material suppliers, and other interested parties for bidding purposes. The fee will include the cost of printing, binding, packaging, and postage /shipping of plans and specifications. The fee is not included in the above total cost breakdown. It will be invoiced separately as a reimbursable expense. Extra Services as defined in Section EX of Part I, or other extra services, shall be based either on the time required at the Engineer's normal hourly rates, or on a lump sum fee. The lump sum fee is to be established and approved by the Owner and the Engineer prior to performing defined extra services. 5 PART IV — TERMS AND CONDITIONS THE FOLLOWING GENERAL TERMS AND CONDITIONS SHALL APPLY TO THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN IIW, P.C., HEREIN REFERRED TO AS THE CONSULTANT, AND THE CLIENT IDENTIFIED IN THE ATTACHED AGREEMENT. General Terms and Conditions For City of Dubuque Agreements The Client shall provide all criteria and full information with regard to his or her requirements for the Project, and shall designate a person to act with authority on his or her behalf with respect to all aspects of the Project. This shall include, but not be limited to, review and approval of design issues in the schematic design phase, design development phase, and contract documents phase. These approvals shall include an authorization to proceed to the next phase. Services beyond those outlined in the proposal may be required or be required as a result of unforeseen circumstances. The Consultant under terms mutually agreed upon by the Client and the Consultant may provide these services. For the scope of services agreed upon, the Client agrees to pay the Consultant the compensation as stated. Invoices for the Consultant's services shall be submitted, at the Consultant's option, either upon completion of any phase of service or on a monthly basis. Invoices shall be payable when rendered and shall be considered past due if not paid within 30 days after the invoice date. A service 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 Consultants 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 Consultant and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Consultant intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. The Consultant and the Consultant's sub - consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Consultant and the Consultant's sub - consultants. Upon execution of this Agreement, the Consultant grants to the Owner a nonexclusive license to use the Consultant's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Consultant shall obtain similar nonexclusive licenses from the Consultant's sub - consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Consultant rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. In the event the Owner uses the Instruments of Service without retaining author of the Instruments of Service, the Owner releases the Consultant and sub - consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Consultant and its sub - consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person 6 or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Consultant. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Consultant and the Consultant's sub - consultants. 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. 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, 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 Consultants 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. 7 PART V - APPROVAL IN WITNESS WHEREOF, the parties hereto have made and executed this agreement in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers as of the date below indicated: EXECUTED BY THE OWNER THIS CITY OF DUBUQUE, IOWA DAY OF = ,2013. Michael Van Milligan, City Manager EXECUTED BY THE ENGINEER THIS i L DAY OF r' 2013. IIW, P.C. Timothy J. Tra iel, P.E.; Vice President WITNESS: Marc D. Ruden, P.E., Project Manager CITY OF DUBUQUE, IOWA FLOODWALL PUMPING STATION HIGH WATER LEVEL ALARM PROJECT PROFESSIONAL SERVICES 2013 8