Signed Contract_IIW Engineers for Purina Drive Dock RepairMasterpiece on the
ississippi
TO: Michael C. Van Milligen, City Manager
FROM: Don Vogt, Public Works Director
SUBJECT: Purina Drive Dock Repair Project — Regulatory Review Services
DATE: April 22, 2013
Dubuque
(INTRODUCTION
The purposes of this memorandum are to provide information and recommend a course
of action regarding securing expert services to assist the City with receiving approval
from federal and state authorities in order to proceed with the design and reconstruction
of the Purina Drive barge terminal dock.
BACKGROUND
The Purina Drive barge terminal dock is in poor condition. In the fall of 2011, it was
necessary to make temporary repairs to keep the dock operational for the remainder of
that shipping season. In November of 2011, IIW Engineers & Surveyors, P.C. (IIW) was
retained to develop preliminary sketches, an estimate of cost, and a recommended
budget for our department's subsequently - proposed Purina Drive Dock Repair Project.
The project is one of the Public Works Department's approved FY14 capital
improvement projects.
DISCUSSION
Street and Sewer Maintenance Supervisor John Klostermann is recommending that the
City move ahead with this project with a new agreement with IIW for services related to
environmental regulation review and permitting. These services would include
retaining a qualified mussel survey contractor through the development and issuance of
a request for proposals and interfacing with the U.S. Army Corps of Engineers during its
review of our project. IIW is proposing an hourly fee for this phase of the project, with a
current total cost estimate of $5,000. IIW has stated that it is recommending an hourly
fee schedule in the case of additional work being needed if mussels are actually found
in the project's projected disturbance zone. John is recommending that the cost of IIW's
service be charged to the segment of the project's budget which provides $30,000 for
environment - related documentation. City Attorney Barry Lindahl has reviewed and
approved the attached IIW service proposal.
1
ACTION STEP
I am recommending that you approve the attached service proposal from IIW Engineers
and Surveyors PC.
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('
SUBJECT: Purina Drive Dock Repair Project — Regulatory Review
DATE: April 22, 2013
Dubuque
*****
Afl-America City
1 1 1 1
2012
Introduction
In this memorandum I will recommend that we enter into an agreement with IIW, P.C. to
assist the City in securing approval from governing authorities for proceeding with the
design and reconstruction of the Purina Drive barge unloading dock.
Background
The current Purina Drive barge unloading dock is in poor condition. In the fall of 2011 it
was necessary to make temporary repairs to keep the dock operational for the
remainder of that shipping season. In November of 2011, we entered into an agreement
with IIW Engineers & Surveyors, P.C. (IIW) to develop sketches, an estimate of
probable construction cost, and a recommended budget for the Purina Drive Dock
Repair Project. IIW subsequently completed its study to identify needed dock repairs
and possible dock infrastructure enhancements, its estimate of probable construction
cost, and a recommended construction budget. The construction budget was
subsequently used to develop the Public Works Department's FY 2014 Capital
Improvement Project request.
Discussion
I am recommending that we continue this project by entering into an agreement with IIW
for services related to regulatory review and permitting. These services include
retaining a qualified mussel survey contractor through the development and issuance of
a request for proposals and working with the U.S. Army Corps of Engineers during its
review of our project. IIW is proposing an hourly fee for this portion of the project, with
a current cost estimate of $5,000. It is recommending an hourly fee schedule because
of the undetermined amount of additional work that would be needed if mussels are
found in the project's disturbance zone.
I am recommending that the cost of IIW's service be charged to the Public Works
Department's approved FY 2014 capital improvement budget for the Purina Drive Barge
Dock Project. That project's budget provides $30,000 for environment-related
documentation.
1
Action Required
City Attorney Barry Lindahl has reviewed and approved the attached IIW service
proposal. I am requesting that you also review the attached proposal and recommend it
to the City Manager for his approval.
Attachment
2
April 9, 2013
John Klostermann
City of Dubuque Public Works
925 Kerper Ct.
Dubuque, IA 52001 -2405
Re: Proposal for Professional Services
Purina Drive Salt Dock Repairs, Regulatory Review
IIW Project No.: 11232 -02
Dear Mr. Klostermann:
IIW, P.C. (Engineer) appreciates the opportunity to submit this Proposal for professional services to the
City of Dubuque (Owner) for the above - referenced Project. The purpose of this phase of the overall
Project is to assist the Owner in securing approval from governing authorities for proceeding with design
of necessary maintenance work at the subject facility.
The Engineer met with Bob Schiesl of the City of Dubuque Engineering Department to review his
knowledge of the site. Bob recommended conducting a pro- active mussel survey of the river bottom in
the vicinity of the existing dock structure in the anticipated zone of disturbance. The regulatory agencies
that will be involved, and the level of effort necessary to navigate the permitting process, will depend on
the outcome of that survey. An incremental approach to interfacing with governing authorities was
recommended by Bob, and is the basis of this Proposal.
PROJECT DESCRIPTION
The existing dock consists of tied -back sheet pile walls that have corroded through in numerous areas
due to salt and moisture exposure, and are consequently in marginal structural condition. Temporary
stabilization measures have been implemented to prevent loss of fill materials behind the existing wall,
providing time for planning and funding the necessary maintenance work. The anticipated maintenance
work includes the installation of dead -man anchors, tie - backs, an additional supplementary driven sheet
pile wall, with the space between the existing and proposed sheet pile walls filled with reinforced
concrete. The project is currently planned for implementation in the 2014 construction season.
The project is located at the southern end of the Peosta Channel on Dubuque's Mississippi Riverfront,
with land -side access via Purina Drive. The proposed work is likely to encroach into the Mississippi River
in a potentially environmentally sensitive area within the jurisdiction of the U.S. Army Corps of Engineers
(COE) on the Owner's property. Work is envisioned in the vicinity of the Dubuque floodwall which is
regulated by the COE, and in close proximity to the Upper Mississippi River National Wildlife and Fish
Refuge regulated by the Iowa Department of Natural Resources (DNR) in cooperation with the U.S. Fish
and Wildlife Service. The DNR's involvement is likely to hinge on the presence of mussels in the
disturbance zone of the proposed work.
The work of this Agreement is to assist the City with public agency interface so the Project can proceed
as scheduled. To the extent that the proposed maintenance design scope may need to be altered or
enhanced to meet the requirements of governing authorities, another objective of this work is to identify
such implications. The purpose of this aspect of the overall Project is to secure preliminary approval of
governing authorities for the conceptual maintenance scope so that design work can proceed.
SCOPE OF SERVICES
The following scope of services will be provided under the direct supervision of a Professional Engineer
licensed to practice in the State of Iowa:
A. Consultation
1. Assist the Owner with retaining a qualified mussel survey contractor. Identify the scope of the
survey and issue RFP's for the work. Act as the Owner's liaison in mussel survey contractor
i� RC.
www. iiwengrecom
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*
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
David A. Leapaldt, AIA, CID*
* LEED AP
** Retired
4155 Pennsylvania Avenue, Dubuque, IA 52002 -2628 ® [P] 563.556.2464/800.556.4491 • [F] 563.556.7811
ijw
Salt Dock Regulatory
April 9, 2013
Page 2
relations. Meet with up to three (3) interested mussel survey contractors at the site to review the required survey scope.
2. Contact the COE to review the Project need, proposed maintenance activities, and mussel survey report.
3. A negative mussel survey report (no mussels found) is likely to result in a "maintenance" classification by the COE and further
regulatory involvement should be minimal. That outcome will constitute completion of the scope of this Agreement.
4. A positive mussel survey report (mussels encountered in the disturbance zone) will trigger the active involvement of the DNR and
U.S. Fish and Wildlife Service. The Engineer will identify the requirements of these agencies and develop a plan of action for
compliance, which will constitute completion of the scope of this Agreement.
EXCLUSIONS FROM PROFESSIONAL SERVICES
The following services are not included in the scope of this Agreement; however, may be available at our normal hourly rates unless
otherwise negotiated or proposed:
1. Subsurface geotechnical investigation.
2. Mussel survey.
3. Preparation of permit application forms, biological assessment, or Construction Documents.
4. Attending, or preparing exhibits for, City Council meetings or public hearings associated with the Project.
5. Meetings and associated travel time except as identified above.
6. Cost estimating.
COMPENSATION
The Engineer proposes to provide the above outlined scope of professional services on an hourly basis at our normal hourly rates. The
estimated fee for the scope of services identified above is approximately $5,000.00 (Five Thousand Dollars and Zero Cents).
Invoices will be forwarded monthly reflecting the time devoted to the Project and payments are due within 30 days of the invoice date. Late
payments will be just cause to suspend work, and will be subject to finance charges of 1.5% per month. If work is suspended the Owner will
not have rights to the Engineer's interim work product, and the Engineer reserves the right to charge a reasonable administrative fee and
require pre - payment to resume work. The Engineer's rates are reviewed annually and are subject to change effective January 1St each year.
GENERAL TERMS AND CONDITIONS
The attached General Terms and Conditions are an integral part of this Proposal. This Proposal is valid for 30 days from the issue date, after
which it would be subject to renegotiation. If the services and fees defined in this Proposal are accepted, please return one signed copy of
this Agreement to our office. The second copy is for your records. If you have any questions, or require further assistance, please feel free to
contact me at r.balmer@iiwengr.com or our office at (563) 556 -2464. Thank you for allowing IIW, P.C. to submit this Proposal for
professional services.
Sincerely,
IIW, P.C.
,/ Ronald A. Balmer, P.E., S.E, AIA
Chief Financial Officer
Principal Building Designer & Structural Engineer
I hereby accept this Proposal and General Terms and Conditions.
Authorized Signature
Typed or Printed Name
chael A. Jansen, P.E., S.E.
Chief Executive Officer
Principal Civil & Structural Engineer
Date
IIW, P.C.
• •
IIw
ENGINEERS P. SURVEYORS, P.C.
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.
Page 3 of 5
IIW, P.C.
♦♦
IIw
ENGINEERS & SURVEYORS, P.C.
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 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).
Page 4 of 5
IIW, P.C.
o♦
IIw
ENGINEERS & SURVEYORS, P.C.
The Client may terminate this Agreement with seven days (7) prior written notice to the Consultant for convenience or cause. The Consultant
may terminate this Agreement for cause with seven (7) days prior written notice to the Client. The Client is obligated to pay for all services
rendered up to the date the Consultant receives the written notice of intent to terminate. Failure of the Client to make payments when due
shall be cause for suspension of services or ultimately termination, unless and until the Consultant has been paid in all full amounts due for
services, expenses, and other related charges.
This Agreement supersedes all terms and conditions contained on a purchase order typically procuring products. It is understood by both
parties upon execution of this agreement that if a purchase order is issued, it is for accounting purposes only. Purchase order terms and
conditions are void and are not a part of our agreement.
Page 5 of 5
April 9, 2013
John Klostermann
City of Dubuque Public Works
925 Kerper Ct.
Dubuque, IA 52001 -2405
Re:
Proposal for Professional Services
Purina Drive Salt Dock Repairs, Regulatory Review
IIW Project No.: 11232 -02
Dear Mr. Klostermann:
IIW, P.C. (Engineer) appreciates the opportunity to submit this Proposal for professional services to the
City of Dubuque (Owner) for the above - referenced Project. The purpose of this phase of the overall
Project is to assist the Owner in securing approval from governing authorities for proceeding with design
of necessary maintenance work at the subject facility.
The Engineer met with Bob Schiesl of the City of Dubuque Engineering Department to review his
knowledge of the site. Bob recommended conducting a pro- active mussel survey of the river bottom in
the vicinity of the existing dock structure in the anticipated zone of disturbance. The regulatory agencies
that will be involved, and the level of effort necessary to navigate the permitting process, will depend on
the outcome of that survey. An incremental approach to interfacing with governing authorities was
recommended by Bob, and is the basis of this Proposal.
PROJECT DESCRIPTION
The existing dock consists of tied -back sheet pile walls that have corroded through in numerous areas
due to salt and moisture exposure, and are consequently in marginal structural condition. Temporary
stabilization measures have been implemented to prevent loss of fill materials behind the existing wall,
providing time for planning and funding the necessary maintenance work. The anticipated maintenance
work includes the installation of dead -man anchors, tie - backs, an additional supplementary driven sheet
pile wall, with the space between the existing and proposed sheet pile walls filled with reinforced
concrete. The project is currently planned for implementation in the 2014 construction season.
The project is located at the southern end of the Peosta Channel on Dubuque's Mississippi Riverfront,
with land -side access via Purina Drive. The proposed work is likely to encroach into the Mississippi River
in a potentially environmentally sensitive area within the jurisdiction of the U.S. Army Corps of Engineers
(COE) on the Owner's property. Work is envisioned in the vicinity of the Dubuque floodwall which is
regulated by the COE, and in close proximity to the Upper Mississippi River National Wildlife and Fish
Refuge regulated by the Iowa Department of Natural Resources (DNR) in cooperation with the U.S. Fish
and Wildlife Service. The DNR's involvement is likely to hinge on the presence of mussels in the
disturbance zone of the proposed work.
The work of this Agreement is to assist the City with public agency interface so the Project can proceed
as scheduled. To the extent that the proposed maintenance design scope may need to be altered or
enhanced to meet the requirements of governing authorities, another objective of this work is to identify
such implications. The purpose of this aspect of the overall Project is to secure preliminary approval of
governing authorities for the conceptual maintenance scope so that design work can proceed.
SCOPE OF SERVICES
The following scope of services will be provided under the direct supervision of a Professional Engineer
licensed to practice in the State of Iowa:
A. Consultation
1. Assist the Owner with retaining a qualified mussel survey contractor. Identify the scope of the
survey and issue RFP's for the work. Act as the Owner's liaison in mussel survey contractor
P. C
www, wengr.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*
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
David A. Leapaldt, AIA, CID*
* LEED AP
** Retired
4155 Pennsylvania Avenue, Dubuque, IA 52002 -2628 ® [P] 563.556.2464/800.556.4491 e [F] 563.556.7811
iiw
Salt Dock Regulatory
April 9, 2013
Page 2
relations. Meet with up to three (3) interested mussel survey contractors at the site to review the required survey scope.
2. Contact the COE to review the Project need, proposed maintenance activities, and mussel survey report.
3. A negative mussel survey report (no mussels found) is likely to result in a "maintenance" classification by the COE and further
regulatory involvement should be minimal. That outcome will constitute completion of the scope of this Agreement.
4. A positive mussel survey report (mussels encountered in the disturbance zone) will trigger the active involvement of the DNR and
U.S. Fish and Wildlife Service. The Engineer will identify the requirements of these agencies and develop a plan of action for
compliance, which will constitute completion of the scope of this Agreement.
EXCLUSIONS FROM PROFESSIONAL SERVICES
The following services are not included in the scope of this Agreement; however, may be available at our normal hourly rates unless
otherwise negotiated or proposed:
1. Subsurface geotechnical investigation.
2. Mussel survey.
3. Preparation of permit application forms, biological assessment, or Construction Documents.
4. Attending, or preparing exhibits for, City Council meetings or public hearings associated with the Project.
5. Meetings and associated travel time except as identified above.
6. Cost estimating.
COMPENSATION
The Engineer proposes to provide the above outlined scope of professional services on an hourly basis at our normal hourly rates. The
estimated fee for the scope of services identified above is approximately $5,000.00 (Five Thousand Dollars and Zero Cents).
Invoices will be forwarded monthly reflecting the time devoted to the Project and payments are due within 30 days of the invoice date. Late
payments will be just cause to suspend work, and will be subject to finance charges of 1.5% per month. If work is suspended the Owner will
not have rights to the Engineer's interim work product, and the Engineer reserves the right to charge a reasonable administrative fee and
require pre - payment to resume work. The Engineer's rates are reviewed annually and are subject to change effective January 1st each year.
GENERAL TERMS AND CONDITIONS
The attached General Terms and Conditions are an integral part of this Proposal. This Proposal is valid for 30 days from the issue date, after
which it would be subject to renegotiation. If the services and fees defined in this Proposal are accepted, please return one signed copy of
this Agreement to our office. The second copy is for your records. If you have any questions, or require further assistance, please feel free to
contact me at r.balmer @iiwengr.com or our office at (563) 556 -2464. Thank you for allowing IIW, P.C. to submit this Proposal for
professional services.
Sincerely,
IIW, P.C.
Ronald A. Balmer, P.E., S.E, AIA Michael A. Jansen, P.E.,S E.
Chief Financial Officer Chief Executive Officer
Principal Building Designer & Structural Engineer Principal Civil & Structural Engineer
I hereby accept this Proposal an ,General Terms and Conditions.
Authorized Signature
Typed or Printed Name
IIW, P.C.
• •
Hw
ENGINEERS & SURVEYORS, P.C.
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 Workers 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.
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ENGINEERS & SURVEYORS, P.C.
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 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).
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ENGINEERS & SURVEYORS. P.C.
The Client may terminate this Agreement with seven days (7) prior written notice to the Consultant for convenience or cause. The Consultant
may terminate this Agreement for cause with seven (7) days prior written notice to the Client. The Client is obligated to pay for all services
rendered up to the date the Consultant receives the written notice of intent to terminate. Failure of the Client to make payments when due
shall be cause for suspension of services or ultimately termination, unless and until the Consultant has been paid in all full amounts due for
services, expenses, and other related charges.
This Agreement supersedes all terms and conditions contained on a purchase order typically procuring products. It is understood by both
parties upon execution of this agreement that if a purchase order is issued, it is for accounting purposes only. Purchase order terms and
conditions are void and are not a part of our agreement.
Page 5 of 5
April 9, 2013
John Klostermann
City of Dubuque Public Works
925 Kerper Ct.
Dubuque, IA 52001 -2405
Re: Proposal for Professional Services
Purina Drive Salt Dock Repairs, Regulatory Review
IIW Project No.: 11232 -02
Dear Mr. Klostermann:
IIW, P.C. (Engineer) appreciates the opportunity to submit this Proposal for professional services to the
City of Dubuque (Owner) for the above - referenced Project. The purpose of this phase of the overall
Project is to assist the Owner in securing approval from governing authorities for proceeding with design
of necessary maintenance work at the subject facility.
The Engineer met with Bob Schiesl of the City of Dubuque Engineering Department to review his
knowledge of the site. Bob recommended conducting a pro- active mussel survey of the river bottom in
the vicinity of the existing dock structure in the anticipated zone of disturbance. The regulatory agencies
that will be involved, and the level of effort necessary to navigate the permitting process, will depend on
the outcome of that survey. An incremental approach to interfacing with governing authorities was
recommended by Bob, and is the basis of this Proposal.
PROJECT DESCRIPTION
The existing dock consists of tied -back sheet pile walls that have corroded through in numerous areas
due to salt and moisture exposure, and are consequently in marginal structural condition. Temporary
stabilization measures have been implemented to prevent loss of fill materials behind the existing wall,
providing time for planning and funding the necessary maintenance work. The anticipated maintenance
work includes the installation of dead -man anchors, tie - backs, an additional supplementary driven sheet
pile wall, with the space between the existing and proposed sheet pile walls filled with reinforced
concrete. The project is currently planned for implementation in the 2014 construction season.
The project is located at the southern end of the Peosta Channel on Dubuque's Mississippi Riverfront,
with land -side access via Purina Drive. The proposed work is likely to encroach into the Mississippi River
in a potentially environmentally sensitive area within the jurisdiction of the U.S. Army Corps of Engineers
(COE) on the Owner's property. Work is envisioned in the vicinity of the Dubuque floodwall which is
regulated by the COE, and in close proximity to the Upper Mississippi River National Wildlife and Fish
Refuge regulated by the Iowa Department of Natural Resources (DNR) in cooperation with the U.S. Fish
and Wildlife Service. The DNR's involvement is likely to hinge on the presence of mussels in the
disturbance zone of the proposed work.
The work of this Agreement is to assist the City with public agency interface so the Project can proceed
as scheduled. To the extent that the proposed maintenance design scope may need to be altered or
enhanced to meet the requirements of governing authorities, another objective of this work is to identify
such implications. The purpose of this aspect of the overall Project is to secure preliminary approval of
governing authorities for the conceptual maintenance scope so that design work can proceed and there
is a reasonable expectation that the necessary permits will be forthcoming upon submission of the final
Plans and Specifications. Actually securing permits requires completion of Plans and Specifications for
the work,`So'is outside of the scope of this Agreement.
SCOPE OF SERVICES
The following scope of services will be provided under the direct supervision of a Professional Engineer
licensed to practice in the State of Iowa:
4155 Pennsylvania Avenue, Dubuque, IA 52002 -2628 • [P] 563.556.2464/800.556.4491 • [F] 563.556.7811
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*
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
David A. Leapaldt, AIA, CID*
* LEED AP
** Retired