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Signed Contract_IIW P.C. for E.B.Lyons Interpretive Area AdditionMasterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: July 19, 2013 RE: E.B. Lyons Interpretive Center Addition Design Services Contract Dubuque 2007 2012 2013 INTRODUCTION The purpose of this memo is to request the execution of the attached professional services contract with IIW, P.C. for the E.B. Lyons Interpretive Area Addition project. DISCUSSION On June 28, 2013, the RFP committee for the E.B. Lyons Interpretive Center Addition project selected 11W P.C. as the design consultant for design, construction management and grant administration services. Engineering staff negotiated with IIW on the scope of work and professional fees. The contract amount of the services is $56,700 which is well within the design budget for the project. ACTION TO BE TAKEN I respectfully ask that the 2 copies of the professional services agreement be executed by the City Manager. Let me know if you have any further questions. Prepared By: Jon Dienst, P.E. Cc: Laura Carstens, Planning Services Manager Steve Fehsal, Park Division Manager AGREEMENT FOR ENGINEERING SERVICES BETWEEN the CITY OF DUBUQUE, IOWA AND IIW, P.C. FOR E. B. LYONS INTERPRETIVE AREA ADDITION DESIGN, CONSTRUCTION MANAGEMENT AND GRANT ADMINISTRATION SERVICES PROJECT IIW Project No.: 13145 -00 THIS AGREEMENT is made this 171h day of July, 2013, by and between: City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 -4854 hereinafter referred to as the "Owner ", and IIW, P.C. 4155 Pennsylvania Avenue Dubuque, Iowa 52002 -2628 A professional corporation in Dubuque, Iowa, hereinafter referred to as the "Engineer ". WHEREAS, the Owner desires to engage the Engineer to provide professional services for the Design, Construction Management, and Grant Administration Services for the Interpretive Area addition at E.B. Lyons Nature Center located in Mines of Spain, Dubuque, Iowa, WHEREAS, the accomplishment of the hereinafter described work and services is authorized by execution of this agreement between the Owner and the Engineer. NOW THEREFORE IT IS AGREED AS FOLLOWS: 6Vw .114VC n r.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* Nathan W. Miller, PE G. Alan Peterson, PE Joseph D. Wejman, PE * LEED AP ** Retired 4155 Pennsylvania Avenue, Dubuque, IA 52002 -2628 ® [P] 563.556.2464/800.556.4491 ® [F] 563.556.7811 PART I - SCOPE OF SERVICES SECTION A The Engineer agrees to perform the following services: 1. PROJECT MANAGEMENT & ACCOUNTING Employ effective project management practices that will identify critical path components of the study and allow the project to progress efficiently, emphasizing communication with City staff, and other identified stakeholders and funding agencies. An invoice with total project cost budget showing percent of project completion will be submitted each month. Bulleted progress reports will be submitted twice a month. 2. PRELIMINARY DESIGN OF E.B. LYONS INTERPRETIVE AREA ADDITION The primary effort of this task will be to complete a design and create bidding documents to allow initial grading for the trail to occur in time to allow tree planting adjacent to the trail as a part of a National Conference. It may be that the REAP grant is more suitable for the trail grading and paving depending on how long the DNR review is anticipated to take. The preliminary design would include review of the grant funding agreements to verify which components of the Interpretive Area development are eligible for a specific grant, subsequently, preparation of cost estimates to allow the "right sizing" of the project and identify which components are funded by the various sources. If it is determined the State Recreational Trail funding is appropriate to utilize for the trail design, IIW's experience in State Recreational Trail grant requirements, including working with Yvonne Dillard and Kurt Harvey from the Iowa DOT Systems Planning Office, will allow IIW to prepare the design for an ADA compliant trail in a timely manner. The design would be reviewed with the stakeholders to verify the design elements. The elements to be constructed could potentially be broken into phases creating various bid packages; if there is determined to be an advantage due to funding requirements and similar work type. a. Meet with City representatives to review the master plan for proposed improvements. b. Create a base drawing from the City provided topographic data. c. Meet with City staff to review preliminary design. d. Make modifications as requested, submit to City for distribution to other interested parties on the project. a Coordinate directly with the DNR for shelter design requirements. f. Develop a construction cost estimate for the project. g. Obtain required permits. 3. FINAL DESIGN OF E.B. LYONS INTERPRETIVE CENTER ADDITION This phase shall complete the design and include utility coordination to verify any impacts. The IIW proposal would include up to three bid packages to be prepared to group the Phase I work into grading and paving to be bid separately than the foundation elements for the kiosks, restrooms, and shelters. The design documents for the State Recreational Trail funding will need to be submitted to Yvonne Dillard and Kurt Harvey for review prior to bidding. Targeted Small Business documentation needs to be a component of the bid package for the State Recreational Trail funded project. The third bid package is the parking lots and main entrance improvements, it may be decided that the trail immediately in front of the Interpretative Center will wait to be constructed in conjunction with the parking lots to verify there are paths from the parking lots to the building. This area also appears to have some grade challenges based on a review of available LiDAR data, however until actual topographic survey data is collected it cannot be verified if there is potential for grades in excess of 5 %. a. Complete final bidding documents including 11x17 plans, construction specifications, and cost estimates. Supply a Civil 3D 2013 format AutoCAD file of the improvements to the City of Dubuque. b. Coordinate with any utilities involved in the project. c. Plans will be developed using SUDAS. In discussions with City of Dubuque staff, develop bidding schedule and number of bid packages in order to meet the schedule desired for completion. 2 d. Deliver plans and specifications to the engineering department to allow distribution to bidders. City to develop notice to bidders and all advertisement needed for bidding. 4. PERFORM CONSTRUCTION MANAGEMENT a. Be present at the bid letting(s), prepare bid tabulation(s) and prepare documentation and recommendation for award of the project. b. Lead the preconstruction meeting with City staff and the Contractor. Take minutes of the meeting and disperse the minutes to all appropriate staff. c. Review shop drawings required of the contractor. Stamp and approve all shop drawings. d. Answer questions from the contractor during construction. Make up to 10 site visits to the project site during construction. e. Process all pay requests for the project. Maintain a project budget. Provide bi- weekly project budget updates to City staff. f. Administer and prepare any change orders. Change orders need approval of City of Dubuque Engineering staff prior to executing the change order. g. Mark up an as -built plan of the project at the conclusion of construction. h. Maintain all records for the project. At the conclusion of the project provide a copy of the records to both City of Dubuque Planning Services and Engineering departments. 5. ADMINISTER THE MULTIPLE GRANTS FOR THE PROJECT IIW will prepare all forms and documentation needed for funding reimbursement; however the City or Mines of Spain will need to pay the contractor as these are reimbursement grants, not vouchers which pay the contractor directly through the funding agency. a. Be familiar with all rules and regulations of the grants involved to fund these project components. b. Maintain contact with the grant contacts and supply information required for the IDNR REAP grant, Iowa DOT State Recreational Trail grant, and the Federal LWCF grant. c. Request reimbursement of the improvement and engineering costs on the project from the grant award agencies. d. Maintain all grant records. e. Perform all grant activities required of the corresponding grant funding for this project. f. Close out grants as required by the grant awarding agencies. 6. PERFORM CONSTRUCTION INSPECTION a. Material testing for structural concrete items. b. Verify construction in compliance with plans and specifications. c. Complete documentation to allow for verification of quantities. 7. PERFORM CONSTRUCTION SURVEY a. Stake centerline of trail once to allow for tree planting to occur. b. Provide one set of offset stakes to allow for trail construction. c. Stake parking lot grades on a one time basis. d. Stake foundation location and elevations for restroom and shelter. 8. PROJECT COORDINATION a. Coordination with City staff for review of preliminary and final plans. Assume two meetings for preliminary design and three meetings for final design. b. Coordination with Mines of Spain representative, City of Dubuque Planning Services representative, and Iowa DNR representative. 3 PART II - OWNER'S RESPONSIBILITIES The Owner (City of Dubuque) shall do the following in a timely manner so as not to delay the services of Engineer (IIW): 1. Designate a person to act as Owner's representative with respect to the services to be rendered under this agreement. The Owner's representative shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to the Engineer's services for the project. Jon Dienst has been identified as the Owner's representative for this project. 2. Provide all copies of funding agreements for grants to be used for construction of components of this contract. 3. Pay all fees associated with NPDES or other permits as necessary. 4. Work with the Engineer to establish the Owner's criteria and requirements. Criteria shall include design objectives, design and construction constraints, capacity and performance requirements, flexibility and expandability requirements and budgetary limitations. 5. Furnish copies of all design and construction standards that the Owner requires in the drawings and specifications. 6. Place at the Engineer's disposal all available design or construction related reports, data and information. 7. Furnish to the Engineer without limitation all property, boundary, easement, right -of -way, topographic and utility surveys 8. Coordinate with the Engineer for access for the Engineer to enter upon public and private property as required for the Engineer to perform services under this agreement. 9. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Engineer. Obtain advice of an attorney, insurance counselor and other consultants, as the Owner deems appropriate for examination. Render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Engineer. 10. Furnish approvals and permits as may be required from the Owner and pay permit or approval fees of other governmental authorities having jurisdiction over the project. 11. Provide legal, accounting, and insurance counseling services as may be required for the project. 12. Give prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of the Engineer's services, or any defect or nonconformance in the work of any Contractor. PART Ill COMPENSATION SECTION A Compensation items 1 through 8 in Section A are components of the tasks requested in the RFP. Completion of the tasks as listed above shall be lump sum with a total of Fifty Six Thousand Seven Hundred Dollars and Zero Cents ($56,700.00). 4 A breakdown by work product in units is listed in the following table. Tasks Requested In the RFP by Work Breakdown Structure Fee Project Management and Accounting $3,400.00 Task 1— Preliminary Design of E.B. Lyons Interpretive Area Addition $11,300.00 Task 2 — Final Design of E.B. Lyons Interpretive Area Addition $3,900.00 Task 3 — Perform Construction Management $6,300.00 Task 4 — Administer the Multiple Grants for the Project $3,000.00 Task 5 — Perform Construction Inspection $15,900.00 Task 6 — Perform Construction Survey $6,900.00 Project Coordination $6,000.00 Project Total $56,700.00 PART IV - SCHEDULE All work is anticipated to be completed in four months of the signed contract, unless modified by agreement with City staff. See the attached for project schedule details. 5 PART V — TERMS AND CONDITIONS THE FOLLOWING GENERAL TERMS AND CONDITIONS SHALL APPLY TO THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN 11W, 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. 6 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). The Client may terminate this Agreement with seven days (7) prior written notice to the Consultant for convenience or cause. The Consultant may terminate this Agreement for cause with seven (7) days prior written notice to the Client. The Client is obligated to pay for all services rendered up to the date the Consultant receives the written notice of intent to terminate. Failure of the Client to make payments when due shall be cause for suspension of services or ultimately termination, unless and until the Consultant has been paid in all full amounts due for services, expenses, and other related charges. This Agreement supersedes all terms and conditions contained on a purchase order typically procuring products. It is understood by both parties upon execution of this agreement that if a purchase order is issued, it is for accounting purposes only. Purchase order terms and conditions are void and are not a part of our agreement. 7 PART VI - APPROVAL IN WITNESS WHEREOF, the parties hereto have made and executed this agreement in duplicate counterparts, each of which shall be considered as an ori inal by their duly authorized officers as of the date below indicated: EXECUTED BY THE OWNER THIS a"`&' DAY OF 2018. CITY OF DUBUQUE, IOWA EXECUTED BY THE ENGINEER THIS 17 DAY OF JULY, 2013. P.E. 4-7 nu At Julie Neebel, Vice resident Department Coordinator & Transportation Engineer WITNESS: �\\ / Michael /\ Jansen, PE.8.E. Chief Executive Officer/Principal Civil & Structural Engineer E. B. LYONS I AREA ADDITION DESIGN, CONSTRUCTION MANAGEMENT AND GRANT ADMINISTRATION PROJECT Attachment: Project Schedule Details 8 CH DULE Lyons Interpretkre Area Adthtion, Dubuque, Iowa Task Name 4.1 Project Management and Accounting 4.3 Tasks I Preliminary Design - Project Kick-off Stakeholder Meeting - Trail and Trailhead Parking - Kiosks, Restroom, and Shelter - Main Parking Lot 4.4 Task 2 Final Design - Trail and Trailhead Parking - Bidding - Award - Kiosks, Restroom, and Shelter - Main Parking Lot 4.5 Task 3 Construction Management - Trail and Trailhead Parking - Kiosks, Restroom, and Shelter 4.6 Task 4 Administer the Multiple Grants 4.7 Task 5 Construction Inspection - Trail and Trailhead Parking - Kiosks, Restroom, and Shelter 4.8 Task 5 Construction Survey 4.9 Project Coordination - Preliminary Design Review Meeting - Preliminary Design Review Meeting - Three Final Design Meetings - Stakeholder Meetings 1July 2013 lAugust 2013 6/2316/301_ 7/7_12/t_14 7/2117/281 8/4 18/11 18/18 8/25 7/9 September 2013 October 2013 9/1 9/8 Nove 10/13110/20 10/27 11/31 3 4, 7/19 • 914