Signed Contracts_DICW North Siegert Farm Platting ServicesTHE CITY ~?F Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Steve Sampson Brown, Project Manager
DATE: June 22, 2009
SUBJECT: Dubuque Industrial Center West -North Siegert Farm
(Contract Amendment -Platting Services)
INTRODUCTION
The purpose of this memo is to seek approval for
engineering services between the City of Dubuque and
the addition of a platting services plan for the Dubuque
Siegert Farm project.
DISCUSSION
amending the contract for the
IIW Engineers & Surveyors and
Industrial Center West -North
As noted on the attached April 7, 2009 Contract Amendment -Platting Services, IIW
Engineers and Surveyors has requested approval from the City of Dubuque, Iowa for a
contact amendment in the amount of $14,300.00 for the following services:
1. Perform additional field work necessary to establish the boundary of the parcel to be
subdivided.
2. Perform an as-constructed topographic survey to determine the location of the tops
of slopes which will be used to determine the buildable area of lots to be marketed.
3. Develop a lot layout concept for client review.
4. Meet with client to review lot layout concept.
5. Prepare final plat including certificates.
6. Set monuments at all lot corners (approximately 60 corners).
ACTION STEP
Your signature of approval for the completion of this contract amendment by IIW
Engineers and Surveyors is requested.
cc: Gus Psihoyos, City Engineer
David Heiar, Economic Development
Attach.
C:\Documents and Settings\enintido\Desktop\Dbq Industrial Center West -North Seigert Farm\CorrespondenceWlemo to City
Manager on Signing Contact Amendment -Platting Services for DCIW-NSF
Apri17, 2009
Mr. Dave Heiar Mr. Steve Brown
City of Dubuque Economic Development City of Dubuque Engineering
50 West 13th St. 50 West 13th St.
Dubuque, IA 52001-4864 Dubuque, IA 52001-4864
Re: Dubuque Industrial Center West -North Siegert Farm
Contract Amendment -Platting Services
IIW Project No: 07147-00
Dear Dave and Steve:
IIW Engineers & Surveyors, P.C. has prepared. this contract amendment for the Dubuque
Industrial Center West North Siegert Farm project. This is an amendment to the Agreement for
Engineering Services executed January 22, 2008 between the City of Dubuque and IIW
Engineers & Surveyors, P.C.
This amendment includes platting services, which were not included in the original agreement.
SCOPE OF SERVICES
IIW agrees to perform the following services:
1. Perform additional field work necessary to establish the boundary of the parcel to be
subdivided.
2. Perform an as-constructed topographic survey to determine the location of the tops of
slopes which will be used to determine the buildable area of lots to be marketed.
3. Develop a lot layout concept for client review.
4. Meet with client to review lot layout concept.
5. Prepare final plat including certificates.
6. Set monuments at all lot corners. (approximately 60 corners)
It is anticipated the layout will be similar to Exhibit "A" enclosed with this proposal. It is also
understood a preliminary plat will not be required as a prerequisite for the development of the
final plat.
COMPENSATION
Compensation shall be hourly with anot-to-exceed fee of (fourteen thousand three hundred
dollars and zero cents) $14,300.00.
IIW Engineers & Surveyors P C .
Dubuque, IA Hazel Green, WI
INTEGRITY. EXPERTISE. SOLUTIONS.
Dennis F. Waugh, PE/SE
Charles A. Cate, PE
Gary D. Sejkora, PE
Michael A. Jansen, PE/SE
Ronald A. Balmer, PE/SE
John M. Tranmer, PLS
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
Civil Engineering
Structural Engineering
Environmental Engineering
Municipal Engineering
Transportation Engineering
Architectural Engineering
Land Surveying
Quality Control Testing
Geotechnical Engineering
4155 Pennsylvania Avenue
Dubuque, Iowa 52002-2628
563-556-2464
563-556-7811 fax
www.iiwengr.com
DICW North Siegert Farm Contract Amendment
• Apri17, 2009
Page 2 of 4
APPROVAL
IN WITNESS WHEREOF, the parties hereto have made and executed this amendment in triplicate counterparts,
each of which shall be considered as an original by their duly authorized officers as of the date below indicated.
EXECUTED BY THE OWNER THIS DAY OF , 2009
CITY OF DUBUQUE, IOWA
City
EXECUTED BY THE ENGINEER APRIL 7, 2009.
IIW ENGINEERS & SURVEYORS, P.C.
WITNESS:
'c=-~/
Dennis F. Waugh, P.E., S.E.
Vice President
Enclosures: Exhibit "A"
Chief Executive Officer
BICW North Siegert Farm Contract Amendment
April 7, 2009
Page 3 of 4
IIW ENGINEERS & SURVEYORS, P.C.
THE FOLLOWING GENERAL TERMS AND CONDITIONS SHALL APPLY TO THE ATTACHED AGREEMENT
FOR PROFESSIONAL SERVICES BETWEEN IIW ENGINEERS & SURVEYORS, 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 City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of
professional service. Nevertheless, any plans, specifications or studies prepared under this Agreement shall become the property of the
City upon completion of the services and payment in full of all moneys due to the Consultant.
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
I)ICW North Siegert Farm Contract Amendment
' 'April 7, 2009
Page 4 of 4
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.
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--- PROPOSED SETBACK LINE
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PLASTIC CAP N0. AS NOTED
( ) RECORD INFORMATION
R.O.W. BIGHT-OF-WAY
'°~ y IIW ENGINEERS & Froject Description: Sleet Title:
~ s ~ ~ SURVEYORS, Y.C. DUBUgU) INllUSTRIAL CLN'11;R CONCEPTUAL LAYOUT FOR
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~ INTEGRITY. EXPFAi1SE SOLU~RONS. FINAL PLAT
jYEST- NOR'I'H SIEGER'r FARM
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~ ~ DUHVQUG, IA NAZEL GREHN, W'I
4155 PENNSYLVANIA AYE. WBUQUG IA SZUU2
DUB UQUI„ IU`YA
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2 VOICL (Sfi3)556-24fi4 FAX (Sfi3)556-7811
www.iiwmgr.wm
Eev:~Issued For:
CITY EEYIEVP k COMb1ENT
CITX RE.'VIE1/ k COMMENT
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NORTH
HORIZONTAL SCALE IN FEET
0 125 250
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DRAWING MAY HAVE BEEN REDUCED
I Issued Date:l ftev Hy:
03-31-09 SAF
03-s5-09 SAF