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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. 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. 6♦ 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 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