Signed Contract_MEP Engineers for Fire Station #4 Mechanical and Restroom Upgrade CIPMasterpiece on the Mississippi
TO:
FROM: Steve Sampson Brown
SUBJECT:
Dubuque
keill
AL- ameticdenr
II III,
2012
Michael C. Van Milligen, City Manager
Fire Station #4 - Mechanical and Restroom Upgrade Capital Improvement
Project
DATE: July 17, 2013
INTRODUCTION
This memorandum is to request approval of the agreement between the City of
Dubuque and MEP Engineers, LLC (Dubuque, Iowa) as it relates to upgrading the
restrooms, HVAC system replacement and connection of the in -floor heating system for
the apparatus bays at Fire Station #4.
DISCUSSION
As a follow -up to the memo dated May 24, 2013, Fire Department staff has worked with
MEP Engineers, LLC to develop the attached agreement.
City Attorney Barry Lindahl has reviewed and approved this agreement. Finance
Director Ken TeKippe has reviewed and approved the insurance for this agreement.
Budget
MEP Engineers, LLC proposed fee is $26,000. The work will be funded from the Fire
Station #4 CIP #101 -1444, account 62716.
ACTION TO BE TAKEN
Signature of the attached agreement between the City of Dubuque and MEP Engineers,
LLC for the Fire Station #4 Mechanical and Restroom Upgrade Capital Improvement
Project is requested.
cc: Dan Brown, Fire Chief
Gus Psihoyos, City Engineer
Attach.
K: \PROJECTS \Fire Station No. 4 - HVAC \_PSA\2013.07.12 MVM Memo re MEP Proposal.doc
THE CITY OF
Masterpiece on the Mississippi
TO: Mike Van Milligen, City Manager
FROM: E. Daniel Brown, Fire Chief EDJ
DATE: May 24, 2013
RE: Capital Improvement Projects at Station 4
Dubuque
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Imelcoelly
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2012
BACKGROUND
In the FY13 and FY14 CIP budget there are projects to remodel the bathrooms, paint
the interior of the fire station and replace the central air conditioning system. The FY13
budget provided for the remodel of the bathroom, painting along with engineering and
design of the HVAC system and in -floor heat of the apparatus floor. The FY14 budget
provides for the construction of the HVAC and in -floor heat. MEP Engineers have
provided us with the budget numbers and the concept for providing the HVAC system.
DISCUSSION
Input was obtained from a couple of local contractors who advised us that these
projects need to be combined due to the fact that they will involve each other. They
also advised that we look at getting the design and bidding procedures done now in
order to set construction in the early fall due to the weather and changing over from AC
to heat. Both systems will need to be taken down during this construction phase. ,
MEP Engineers has provided a quote for the design and engineering in the amount of
$20,600 for the HVAC system and in -floor heat in the apparatus floor. I would like to go
ahead and have this company to do the design work and provide the bid documents for
bidding the project for the bathroom remodel and the HVAC system. I also understand
that Steve Brown has been restricted to working on the plant and B Branch sewer
projects; however because of his previous involvement in this project I would ask that
he be allowed to look over the documents and provide any input that we need to move
this project forward. In my discussion with him he indicated that it would be a minimal
amount of time on his part to' provide this.
REQUESTED ACTION
I respectfully request your permission to move ahead with the quote provided by MEP
Engineers to provide engineering and bid documents and to use Steve Brown to provide
the insurance and other City requirements to the engineer and review the documents
associated. It is also attended to combine these projects and provide construction in
the early fall.
Cc: Gus Psihoyos, Engineering
Agreement for Services
Date:
Client /Owner:
Address:
Billing Address:
Contact Name /Title:
Phone:
Email.
Consultant:
Address:
Contact Name /Title:
Phone:
Email:
Fire Station #4
July 16, 2013
Page 1 of 11
July 16, 2013
City of Dubuque
Fire Station #4
1697 University Avenue
Dubuque, Iowa 52001 -5938
Dan Brown, Fire Chief
11 West 9th Street
Dubuque Iowa 52001
Dbrown @cityofdubuque.org
Steve Sampson Brown /Project Manager, City of
Dubuque
Tom Ludescher /Dubuque Fire Department
(563) 589 -4272
sbrown@citvofdubuque.orq,
Tludesch@cityofdubuque.org
MEP Engineers, LLC
374 Bluff Street
Dubuque, Iowa 52001
Dieter Muhlack, Principal
(563) 590 -8575
DieterMaMEPengr.com
Project
Fire Station #4 Mechanical and Restroom Upgrade Project.
Project Description
Replace air conditioning systems, modify restrooms, caulk windows and on interior repaint
painted windows.
Fire Station #4
July 16, 2013
Page 2 of 11
Scope of Basic Services
MEP Engineers (Plumbing, HVAC and Electrical) with sub consultant IIW Engineers
(Architectural and Structural) will provide design and documentation for;
1. Removal of existing roof top and restroom exhaust systems. Including patching and repairing
roof penatrations.
2. Installation of new VRF heat pump and heat recovery systems. Heat recovery will exhaust
restrooms and provide ventilation air. Structural annalysis for opening and support of equipment.
3. Installation of heat exchanger and pump for existing apratus bay in floor heating piping.
4. Work with fire department for new layout of 2nd floor restroom /shower area, including
plumbing system modifications and hot water recirculation system. New restrooms do not need
tp meet ADA per fire department.
5. Exterior and interior caulking of windows and interior painting of painted windows
o Performing load and ventilation calculations.
o Preparing demolition plans for general, mechanical and electrical work.
o Preparing new construction plans for general, mechanical and electrical work.
o Preparing general, mechanical and electrical specifications.
o Prepare some of the work as alternate bid items.
o Preparing bidding and contract documents
o Answering questions during bidding and construction.
o Providing addendum and supplemental drawings during bidding and construction.
o Reviewing and approving shop drawings for the limited purpose of checking for
conformance with design concept and the information and intent expressed in the
contract documents..
o Attending design, pre -bid, pre - construction and 2 progress meetings with contractor(s)
and Client.
o Reviewing, analyzing and processing recommended pay applications and change orders.
o Conducting substantial completion inspection and punch list.
o Recommending final acceptance and payment to the Client.
Compensation for Basic Services
The Consultant will be compensated for the basic services based on a fixed fee of Tweentysix
thousand dollars ($26,000.00).
Additional services not outlined above as basic services will be charged to the client
additional services at $100 per hour.
Fire Station #4
July 16, 2013
Page 3 of 11
Services Not Provided
Energy Modeling.
Asbestos abatement.
Reimbursable Expenses
Reimbursable expenses will be billed at a rate of 1.05 times the cost to the Consultant. These
expenses include but are not limited to the following:
• Expense of reproduction including CD ROMs, mylar sepias, photographs, specifications
and other documents, excluding reproductions for the Consultant office use.
• Expense of models, renderings, or computer generated visualizations /animations,
beyond those agreed to as part of the scope of work.
• All printing costs will be billed to the Client for payment
No mileage expenses shall be reimbursed.
Client's Responsibility
• The Client shall make available to the Consultant full information on the Client's intent
with regard to the project requirements.
• The Client will keep the Consultant advised of any changes to the project requirements
that may affect the Consultant's work.
• The Client will make available to the Consultant plans, layouts, drawings, reports, etc. of
existing building and survey of properties.
• The Consultant shall be entitled to reasonably rely on the accuracy and completeness of
information and services provided by the Client.
• All printing costs will be paid for by the Client.
Supplementary Additional Services
(To be provided by the Consultant only upon direct, written authorization by the Client)
Consultant shall be entitled to additional compensation for all services not specified in or in
excess of those indicated in the Scope of Basic Services. Consultant shall inform Client of
the need or provision of any such additional services on a reasonably prompt basis. Such
additional services shall include, without limitation, the following items:
• Services and /or consultation not specified and /or in excess of those indicated in the
Scope of Basic Services.
Fire Station #4
July 16, 2013
Page 4 of 11
• Revisions to previously approved drawings and documents, unless the revisions are due
to the discovery of negligent errors or omissions on the part of Consultant..
• Meetings, conferences, and field trips in excess of those included within Basic Services.
Outside Consultants
• When professional consultants outside the Consultant staff are required, their services
will be billed to the client at 1.05 times the amount billed to the Consultant, but only
upon prior written authorization by Client.
Other Conditions
• Electronic Data includes but is not limited to the digital or other electronic form of
drawings, specifications, designs, files or other information generated, created, stored or
transmitted in connection with the Project in any electronic media including, without
limitation, computers, computer -aided design files, electronic documents or files
produced by word processing, spread sheet, scheduling, data base and other software
programs; but only to the extent the Electronic Data relates to the Project and is .specifically identified
in Exhibit A, attached.
Insurance. The Consultant shall provide the following insurance: See attached
Exhibit B — City if Dubuque Insurance Requirements.
• To the fullest extent permitted by law, Consultant shall indemnify and hold harmless
the Client, its officers and employees, from and against all claims, damages, losses
and expenses, including but not limited to attorneys' fees, arising out of or resulting
from performance of this Agreement, provided that such claim, damages, loss or
expense is attributable to bodily injury, sickness, disease or death, or injury to or
destruction of property, including loss of use resulting therefrom, but only to the
extent caused in whole or in part by negligent acts or omissions of the Consultant, or
anyone directly or indirectly employed by the Consultant or anyone for whose acts the
Consultant may be liable.
• Intellectual Property and Electronic Data and Delivery. Client acknowledges the
Consultant's construction documents, including electronic files, as instruments of
professional services. Nevertheless, the final construction documents prepared under
this Agreement shall become the property of the Client upon completion of the services
or termination of this Agreement if payment in full of all monies then due to the
Fire Station #4
July 16, 2013
Page 5 of 11
Consultant prior to completion or termination have been made by the Client The Client's
or its retained agent's or representative's modification and /or reuse of the Instruments of
Service for the Project without written authorization of the Architect will be at the
Client's and /or other retained entities' sole risk and without liability or legal exposure to
the Consultant.
• The aforementioned submission or distribution of documents to meet official regulatory
requirements or for similar legal filing purposes in connection with the Project is not to
be construed as publication in derogation of the Client's reserved rights. The Consultant
shall be permitted to retain copies, including reproducible copies or electronic data, of the
Instruments of Service for the Project.
• Mediation. The Client and Consultant shall endeavor in good faith to resolve claims,
disputes and other matters in question between them by mutual agreement and may, by
mutual agreement and in their discretion, submit same to non - binding mediation which
shall be in accordance with Iowa Code Chapter 679C. Requests for mediation shall be
made in writing, delivered to the other party to the Agreement. If the Client and
Consultant are unable to mutually agree upon a mediator in writing within sixty (60) days
of receiving the written request for mediation, either party may then institute legal or
equitable proceedings. Mediation shall be voluntary only and shall not be a prerequisite
to litigation or other mans of dispute resolution.
Each party will bear its attorneys' fees and costs incurred in connection with the
mediation. The parties shall share the mediator's fee, expenses, and any filing fees equally.
The mediation shall be held in the County where the Project is located, unless another
location is mutually agreed upon. Agreements reached in mediation shall be enforceable
as settlement agreements in any court having jurisdiction thereof.
If the parties do not resolve a dispute through non - binding mediation, the method of
binding dispute resolution shall be litigation in a court of competent jurisdiction.
• Definition of "Hazardous Materials." As used in this agreement, the term hazardous
materials shall mean any substances, including but not limited to asbestos, toxic or
hazardous waste, PCBs, combustible gases and materials, radon, petroleum or radioactive
materials (as each of these is defined in applicable federal statutes) or any other
substances under any conditions and in such quantities as would pose a substantial
danger to persons or property exposed to such substances on or near the Project site.
• Hazardous Materials — Suspension of Services. Both parties acknowledge that the
Consultant's Scope of Services does not include any services related to the presence of
Fire Station #4
July 16, 2013
Page 6 of 11
any hazardous or toxic materials. In the event the Consultant suspects that such
materials may be present on or about the jobsite or any adjacent areas that may affect the
performance of the Consultant's services, the Consultant may, at its option and without
liability for consequential or any other damages, suspend performance of its services
under this Agreement until the Client retains appropriate consultants or contractors at
the Client's expense to identify and abate or remediate or remove the hazardous or toxic
materials and warrants that the jobsite is in full compliance with all applicable laws and
regulations. Consultant agrees to immediately notify Owner if it suspects the presence of
any hazardous or toxic materials at the project site.
• Hazardous Materials Indemnity. The Client agrees, notwithstanding any other
provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold
harmless the Consultant, its officers, directors, partners, employees and subconsultants
from and against any and all claims, suits, demands, liabilities, losses, damages or costs,
including reasonable attorneys' fees and defense costs arising out of or in any way
connected with the detection, presence, handling, removal, remediation, abatement, or
disposal of any asbestos or hazardous or toxic substances, products or materials that exist
on, or about or adjacent to the Project site, whether liability arises under breach of
contract or warranty, tort, including negligence, strict liability or statutory liability or any
other cause of action, except to the extent of any negligence or willful misconduct of the
Consultant, or its officers, directors, partners, employees and subconsultants.
• Jobsite Safety. Neither the professional activities of the Consultant, nor the presence of
the Consultant or its employees and subconsultants at a construction /Project site, shall
impose any duty on the Consultant, nor relieve the Contractor of its obligations, duties
and responsibilities including, but not limited to, construction means, methods, sequence,
techniques or procedures necessary for performing, superintending and coordinating the
Work in accordance with the Contract Documents and any health or safety precautions
required by any regulatory agencies. The Consultant and its personnel have no authority
to exercise any control over any construction contractor or its employees in connection
with their work or any health or safety programs or procedures. The Client agrees that
the Contractor shall be solely responsible for jobsite safety, and Consultant, in preparing
contracts with the Contractor, will ensure this intent shall be carried out in the Client's
contract with the Contractor. The Consultant shall in no way be responsible for jobsite
safety.
• The Client's contract with the Contractor shall also require that the Contractor defend
and indemnify the Client, the Consultant and the Consultant's subconsultants and shall
Fire Station #4
July 16, 2013
Page 7 of 11
make the Client, the Consultant and the Consultant's subconsultants additional insureds
under the Contractor's policies of general liability insurance.
• The parties anticipate that the Consultant's services shall be completed within five (5)
months from the date of this Agreement. In the event that the Consultant's services
extend beyond such time period due to any reason other than Consultant's fault, then the
Consultant's compensation shall be equitably increased in an amount as negotiated and
mutually agreed to by the parties.
• The parties agree that there shall be no assignment of this contract unless mutually agreed
upon in advance and in writing.
• This Agreement may be terminated by either party upon seven (7) days written notice
should the other party fail substantially to perform in accordance with its terms through
no fault of the party initiating the termination. This Agreement may also be terminated
upon seven (7) days written notice without cause and for the Client's convenience. In the
event of termination not the fault of the Consultant, the Consultant shall be compensated
for services performed prior to termination, together with Reimbursable Expenses due.
This Agreement shall be governed by the laws of the State of Iowa.
Causes of action between the parties to this Agreement based on acts, failure to act,
negligence, fault, breach of contract, warranty, express or implied, shall be brought
within, and not after, ten (10) years from the date of final completion; notwithstanding
any provision in this Agreement that might be, or might be claimed, to be contrary.
• Final completion is the date in which the Client formally accepts the Project as complete
and authorizes final payment to the Contractor.
Payment
• All payments shall be made to the Consultant and are due and payable within thirty (30)
days of receipt of the Consultant's monthly invoice. Accounts for which full payment is
not received within forty -five (45) days of invoice date shall bear interest at the rate equal
to the rate specified by rule pursuant to Iowa Code Section 74A.2.
This Agreement is comprised of the following documents listed below:
• Agreement for Services Between Client and Consultant
• Exhibit A, Electronic Data Transfer and Delivery
• Exhibit B, Insurance Requirements
Fire Station #4
July 16, 2013
Page 8 of 11
Please let me know if you wish additional information or clarification of our proposal. If you
are in agreement with and wish to authorize us to proceed with the project as delineated
herein, please return one signed copy to our office.
We sincerely appreciate your consideration of our firm. We look forward to helping you with
this challenging and important project.
ACCEPTANCE SIGNATURES
MEP Engineers, LLC
Dieter Muhlack, PE, LEED AP
Name
Principal
Tide
City of Dubuque
Signature
Michael Van Milligen
Name
City Manager
Tide
July 16, 2013 July 17 2013
Date Date
cc: S. Sallwasser
R. Larson
Fire Station #4
July 16, 2013
Page 9 of 11
Exhibit A, Electronic Data Transfer and Delivery
The Consultant shall provide to the Client Auto Cad drawings solely for future use by the
Client. The Client agrees to waive all claims against the Consultant resulting in any way from
any changes to or reuse of the Electronic Data for any other project by anyone other than the
Consultant.
The Client and the Consultant agree that any Electronic Data furnished by either party shall
conform to the specifications listed in Exhibit A. Any changes to the electronic specifications
by either the Client or the Consultant are subject to review and acceptance by the other party.
If the Consultant is required to expend additional effort to incorporate out of scope changes
to the Electronic Data specifications made by the Client, these efforts shall be compensated
for as Additional Services.
Electronic Data furnished by either party shall be subject to an acceptance period of ten (10)
business days during which the receiving party agrees to perform appropriate acceptance
tests. The party furnishing the Electronic Data shall correct any discrepancies or errors
detected and reported within the acceptance period. After the acceptance period, the
Electronic Data shall be deemed to be accepted and neither party shall have any obligation to
correct errors or maintain Electronic Data. The final set of Electronic Data furnished will
include all addendums and supplemental drawings issued during construction.
The Client is aware that differences may exist between the Electronic Data delivered and the
printed hard -copy construction documents. In the event of a conflict between the signed
construction documents prepared by the Consultant and Electronic Data, the signed or
sealed hard -copy construction documents shall govern.
In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold
harmless the Consultant, its officers, directors, employees and subconsultants (collectively,
Consultant) against all damages, liabilities or costs, including reasonable attorneys' fees and
defense costs, arising from any reuse of the Electronic Data without the prior written
consent of the Consultant.
In no event shall the Consultant be liable for indirect or consequential damages as a result of
the Client's use or reuse of the Electronic Data.
Fire Station #4
July 16, 2013
Page 10 of 11
The Consultant will transmit the Electronic Data identified by category and format as
provided in Columns (1) and (2) via the method identified in Column (3) to the Recipient
identified in Column (4) for the permitted uses only as authorized in Column (5) and (6); and
subject to the other terms and conditions of this Agreement.
Electronic Data
(1)
Electronic
Data Format
(2)
Method of
Transmission
(3)
Person
Designated to
Receive the
Electronic
Data
(4)
Uses Client is
Authorized to
make of the
Electronic
Data
(5)
Comments
(6)
Project Agreement and
Modifications
PDF
E -mail attachment
Client
Store, view,
Reproduce &
Distribute
These documents
are subject for
Freedom of
Information Act
Requirements
General communication,
such as meeting notes,
agendas, minutes, etc.
PDF
E -mail attachment
Client
Store, view,
Reproduce &
Distribute
These documents
are subject for
Freedom of
Information Act
Requirements
Writen discriptions, plans
and specifications
PDF, or .dwg
E -Mail
attachment
Client
Store, View,
Reproduce &
Distribute
DEFINITIONS FOR USE IN TABLE 1
Column 1: Electronic Data: List Electronic Data being transferred.
Column 2: Electronic Data Format: List software version and data format.
Column 3: Method of Transmission: List method of transmission Or example, E -mail, E -mail Attachment, I-11,
CD, Project Web Site, etc.
Column 4: Person designated to receive Electronic Data from Design Professional: Identf person
designated to receive Electronic Data.
Column 5: Uses Receiving Party is Authorized by Design Professional to make of Electronic Data:
Identi.,61 permitted uses, such as store and view only, modlO as required, integrate without modiffing, reproduce and distribute, etc.
Column 6: Comment: Enter specific comments, and identi3O aiy Confidential InformationlBusiness Propriety (CIBP).
Fire Station #4
July 16, 2013
Page 11 of 11
Exhibit B Insurance Requirements
ATTACHED CITY OF DUBUQUE INSURANCE SCHEDULE — April 2013