Signed Contracts_IIW_E B Lyons Nature Center Expansion ProjectSeptember 15, 2009
City of Dubuque
50 West 13th St.
Dubuque, Iowa 52001
Re: E.B. Lyons Nature Center Expansion Project
IIW Project No: 09619
Dear Sir:
IIW is pleased to provide a proposal for quality control testing services for the above-
referenced project. Per Durrant's request by phone for a proposal, we have assembled our
estimated costs for providing the requested services. We have also included costs for
providing additional services for work of this nature, should the need arise.
Our estimated cost to complete the scope of work discussed is $5,552.50 (Five Thousand
Five Hundred and Fifty-Two Dollars and Fifty Cents), which includes supervision,
equipment, transportation, reports, printing, postage, and telephone expenses. Please refer
to attached Exhibit A for a detailed break down of the anticipated costs. The final invoice
will be based on a time and materials basis. Please keep in mind that these quantities are
estimated. Work of this nature is variable, and quantities can vary widely due to varying
site conditions, contractor's schedule, unknown number of retests, etc.
The attached General Terms and Conditions are a part of this Proposal. This proposal is
valid for 30 days from the date it was issued. If the services and fees defined in this
proposal are acceptable, please return one signed copy to our office. If you have any
questions, or require further assistance, please feel free to contact me at
r.baumhover@iiwengr.com or our office at (563) 556-2464. Thank you for allowing IIW
Engineers & Surveyors, P.C, to submit this proposal for engineering services.
Sincerely,
IIW ENGINEERS & SURVEYORS, P.C.
a A. J sen, ., .E.
Chief Executive Officer
Principal Civil & Structural Engineer
Robert L. Baumhover
Construction Services Coordinator
I hereby acce this Proposal and General Terms and Conditions.
Authorized Si nature - ~~~k~
g Date
Typed or Printed Name
IIW Engineers & Surveyors P . C .
Dubuque, IA Hazel Green, WI
INTEGRITY. fXPERTlSE. SOLUTIONS.
Dennis F. Waugh. PE/5F.
Charles A. Cate, PE
Gary D. Sejkora, PF.
Michael A. Jansen, PE/5E
Ronald A. Balmer, PE/SF
John M. Tranmer, PC.S
Timothy J. Tranel, PE
John F. Wandsnidcr. PF.
Julie P. Necbel, PE
James I'. Kaune, PF,
Thomas J. Oster, PI.S
Wr:ry A. Childers, PLS
Geoffry T. Blandin, PF
Mark C. Jobgen, PE
Lauren N. Ray, PE/SE
Bradley J. Mootz, PE/SE
Cody T. Austin, PE
Marc D. Ruden, PE
Civil Engineering
Structural Engineering
Environmental Engineering
Municipal Engineering
Transportation Engineering
Architectural Engineering
Land Surveying
Construction Services
4155 Pennrylvania Avenne
Dubuque, Iowa 520()2-2628
563-556-2464
56?-556-7811 fax
www.uwengr.com
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 1N 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 properly 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 prepazed 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 aze limited. to the printed copies (also known as hazd 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 softwaze application
packages, operating systems, or computer hazdwaze 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 prepazation 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
Page 1 of 2
IIW ENGINEERS & SURVEYORS, P.C.
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 "ananaer",
"operator", "generator", or "transporter" of hazardous substances, as de$ned 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 ofour agreement.
Page 2 of 2
IIW ENGINEERS & SURVEYORS, P.C.
2009 FEE SCHEDULE -TESTING SERVICES
SOIL QUALITY CONTROL TESTING SERVICES
ASTM
DESIGNATION DESCRIPTION UNIT
QUANTITY PRICE TOTAL
Soil Bearings (4 Trips x 2 Hours) 8 Hours $60
0
.
0 $ 480.00
D421 Dry Preparation of Soil and Aggregates 0
Hours
$ -
D1556 Density and unit weight of soil in-place by the 0
sand cone method Hours
$ -
D698 Standard Proctor 4-point
4" Mold (3 hours per proctor lab test)
" 3 Hours $60
00 $ 180
6
Mold .
.00
0 Hours $ _
D1557 Modified Proctor - 4 point
4" Mold
" 0 Hours $
6
Mold 0 Hours $ _
D698/1557 One Point Compaction
0 Hours $ _
Yearly Wisconsin Transportation Permit
Yearly $ _
Travel 8~ Report Time per Trip (No fewer than 7 7 Ho
trips Required) urs
$60.00 $ 420.00
D2922 Density of soil-aggregate in-place by the nuclear 3.5 Hours
00
$98
method (Est. 0.5 hour x 7 Trips) .
$ 343.00
Prepare, print, and distribute reports and 1.0 Hours $45
00 $ 45
00
documentation. .
.
TOTAL $ 9,488,00
NOTE:
1. All hourly rates are portal to portal.
2. Additional services available upon request.
3. Prices based on 8-hour notice.
4. Two-hour minimum charge will be applied for all cancelled appointments.
5. Unit prices for technician fees vary from $50.00/hr. to $81.00/hr. Technicians are
assigned by availability. This estimate uses the middle billing rate.
Exhibit A