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Signed Contract_City Wide Fire Hydrant Painting Project• Masterpiece on the Mississippi Dubuque AII- America City 2007 TO: Michael C. Van Milligen, City Manager FROM: Bob Green, Water Department Manager SUBJECT: Professional Services for Phase II of the City -wide Fire Hydrant Painting Program DATE: June 7, 2012 INTRODUCTION: The purpose of this memorandum is to request your approval by signature to the attached contracts in the not to exceed amount of $15,100 with IIW Engineering of Dubuque, Iowa for professional services with Phase II of the City -wide Fire Hydrant Painting Project. DISCUSSION: IIW Engineering (Gary Sejkora) was selected as our consultant engineering firm for the city -wide fire hydrant painting project. Phase 1 of this project is near completion and we are now proceeding with Phase II. There is a need for professional services as part of Phase II of this project. These services required are identified in IIW's attached Contract Proposal in the not to exceed amount of $15,100. ACTION: Staff has reviewed these cost of services and find them to be acceptable and is recommending with your approval to continue this project with IIW Engineering, Dubuque, Iowa. Staff and I are available to discuss and answer questions you may have. BG:ve Attachments cc: File May 21, 2012 Mike Brekke, Supervisor City of Dubuque Water Department Municipal Services Center 925 Kerper Court Dubuque, IA 52001 Re: City of Dubuque, Iowa Fire Hydrant Painting Phase II 2012 Engineering Services Proposal IIW Project No.: 12113 -00 Dear Mike: Thank you for allowing IIW, P.C. to continue with the fire hydrant painting project. We look forward to assisting with the repainting of hydrants included in Phase 11. The purpose of this letter is to serve as our proposal of services and related fees. PROJECT DESCRIPTION The Dubuque Water Distribution Division desires to repaint approximately 500 of the existing (or new) fire hydrants in the City water system. The technical specifications will be revised for Phase II. A suggested Contractor's Quality Control Program with checklist will be added. Bidding and contract documents as required by Iowa law will be prepared to allow the City to solicit competitive quotes (less than $125,000.00). City staff will provide hydrant inspection /observation and documentation prior to the commencement of repainting work. The City staff will also observe surface preparation and repainting work. IIW will provide assistance to the Water Distribution Divisions during repainting as requested; including consultation, meetings, and on -site observations and evaluations. SCOPE OF SERVICES The following Scope of Services are anticipated based on Phase I work and discussions of various changes desired: PART A — BASIC SERVICES 1. Consult with Water Distribution staff to discuss the Phase II project, determine appropriate revisions to the Phase I specifications and solicitation documents, and Phase 11 project schedule. Attend meeting. 2. Review the City prepared list and locations of the hydrants to be repainted. 3. Review requirements for parking coordination and traffic control. 4. Review surface preparation requirements used in Phase 1. Review repainting requirements used in Phase 1. Review potential changes discussed with City staff. 5. Modify Phase 1 technical specifications for surface preparation, debris handling, paint products and paint application. Attend meeting. 6. Review and possibly modify requirements for traffic control, Water Distribution Division notifications, and disposal of materials. Contact Parking Division to review requirements for avoiding parking meter charges. 7. Prepare competitive quote solicitation documents and contract and bond documents using City of Dubuque forms. 8. Review insurance requirements applicable to this Phase 11 project and discuss with City officials. 9. Prepare a quote solicitation request notice. Forward notice to potential bidders. IIW, P.C. www.iiwengr.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 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* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, NCARB /AIA* Alice M. Ohrtmann, PE Craig J. Elskamp, AIA Robert W. Blok, PE Eric J. Helminiak, PE /SE* Steven J. Hunn, PE Jeff J. Brandt, RLS * LEED AP ** Retired 4155 Pennsylvania Avenue, Dubuque, IA 52002 -2628 ♦ [P] 563.556.2464/800.556.4491 • [F] 563.556.7811 ENGINEERS. ARCHITECTS. SURVEYORS. ijw Engineering Services Proposal Fire Hydrant Painting Phase II 2012 May 21, 2012 Page 2 10. Assemble solicitation and contract documents, technical specifications, quality control requirements, and listing and map of hydrants into a document for distribution to interested bidders. Per Iowa law the City shall pay the costs of printing and distribution of all plans (if any), specifications, and quoting and contract documents. The costs for printing and distribution will therefore not be included in the basic services fee. 11. Answer questions from potential contractors prior to submission of quotes. Issue addenda if necessary. 12. Attend meeting where quotes are opened and read. Tabulate the quotes. Evaluate the qualifications of the Contractor. Make a recommendation regarding contract award in writing. 13. Upon award approval by the Water Department and City Manager as required, prepare contract documents for execution by the City and the Contractor. 14. Review submittals as required in the technical specifications. 15. Process contractor's payment requests (one per month) and submit to the City with recommendation regarding payment. 16. Prepare a written statement of project completion. PART B — SERVICES DURING REPAINTING WORK 1 Attend "Preconstruction" conference with City and Contractor. 2. Provide technical consultation during surface preparation and repainting work. 3. Visit the site of the surface preparation and /or repainting as requested by Water Distribution Division staff. Evaluate the Contractor's work and inform Contractor and City staff of observations. Evaluate the results of the Contractor's work and assist City staff in determining acceptability. 4. Provide training of additional City staff as requested. 5. Consult with City staff about Water Distribution Division observations and determination. 6. Upon request provide inspection /observation if Water Distribution staff is not available. EXCLUSIONS Any work not listed in Part A of the Scope of Services will be considered extra services and not part of Basic Services. Extra Services will be provided at IIW's standard hourly rate. IIW has included three meetings as part of Part A. Additional meeting will be considered extra services and /or Part B services. COMPENSATION The fee for Part A — Basic Services will be a lump sum of $15,100.00 (Fifteen Thousand One Hundred Dollars and Zero Cents). This would be payable as follows: Items 1 -7 Items 8 -13 Items 14 -16 $8,000.00 $3,600.00 $3,500.00 $15,100.00 The fee for Part B — Services During Repainting Work included listed services and any extra services will be based on the time required at the IIW Schedule of Professional Fee Rates. The estimated costs, based on 32 hours of Professional Engineer V and 32 hours of Design Engineer III, would be approximately $8,300.00 (Eight Thousand Three Hundred Dollars and Zero Cents). Additional time and extra services will increase the estimated Part B total (as in Phase I). The fee would be payable as the services are provided and invoiced. Engineering Services Proposal Fire Hydrant Painting Phase II 2012 May 21, 2012 Page 3 GENERAL TERMS AND CONDITIONS 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 g.sejkora @iiwengr.com or our office at (563) 556 -2464. Thank you for allowing IIW, P.C. to submit this proposal for engineering services. Respectfully, IIW, P.C. 8/6/1A/ -a Gary Sejkora, P.E. Project Engineer (PEV) Adam Moris, E.I. Environmental Design Engineer (DE III) I hereby accept this Proposal and General Terms and Conditions. Authorized Signa ure Typed or Printed Name Enclosures Date 6/ q/ Schedule of Professional Fee Rates January 2012 through December 2012 Staff Type Hourly Rate Professional Engineer V $160.00 Professional Engineer IV $141.00 Professional Engineer III $127.00 Professional Engineer II $120.00 Professional Engineer I $116.00 Professional Land Surveyor III Professional Land Surveyor II Professional Land Surveyor I $141.00 $127.00 $118.00 Licensed Architect III $137.00 Licensed Architect II $116.00 Licensed Architect I $106.00 Design Engineer IV $111.00 Design Engineer III $100.00 Design Engineer II $95.00 Design Engineer I $85.00 Environmental Specialist $100.00 Construction Specialist $93.00 Technical Specialist $88.00 Architectural Designer II $88.00 Architectural Intern I $66.00 Technician IV $88.00 Technician III $76.00 Technician II $66.00 Technician I $54.00 Engineering Aide II $76.00 Engineering Aide I $61.00 Clerical $48.00 *These hourly rates include miscellaneous expenses such as printing, telephone, postage, mileage, computer expenses, and supplies. These costs will not be invoiced as reimbursable expenses. Reimbursable expenses will not be invoiced without your prior authorization. IIW, P.C. www.iiwengr.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 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* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, NCARB /AIA* Alice M. Ohrtmann, PE Craig J. Elskamp, AIA Robert W. Blok, PE Eric J. Helminiak, PE /SE* Steven J. Hunn, PE Jeff J. Brandt, RLS * LEED AP ** Retired 4155 Pennsylvania Avenue, Dubuque, IA 52002 -2628 ♦ [P] 563.556.2464/800.556.4491 ♦ [F] 563.556,7811 ENGINEERS. ARCHITECTS. SURVEYORS. iiw iiw IIW, 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 Architect 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 Architect 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 Architect and the Architect's 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 Architect and the Architect's consultants. Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect'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 Architect shall obtain similar nonexclusive licenses from the Architect's 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 Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. Page 1 of 3 jjw IIW, P.C. In the event the Owner uses the Instruments of Service without retaining author of the Instruments of Service, the Owner releases the Architect and Architect's 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 Architect and its 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 Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's 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 Page 2 of 3 jiw IIW, P.C. 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 3 of 3 May 21, 2012 Mike Brekke, Supervisor City of Dubuque Water Department Municipal Services Center 925 Kerper Court Dubuque, IA 52001 Re: City of Dubuque, Iowa Fire Hydrant Painting Phase II 2012 Engineering Services Proposal IIW Project No.: 12113-00 Dear Mike: Thank you for allowing IIW, P.C. to continue with the fire hydrant painting project. We look forward to assisting with the repainting of hydrants included in Phase 11. The purpose of this letter is to serve as our proposal of services and related fees. PROJECT DESCRIPTION The Dubuque Water Distribution Division desires to repaint approximately 500 of the existing (or new) fire hydrants in the City water system. The technical specifications will be revised for Phase II. A suggested Contractor's Quality Control Program with checklist will be added. Bidding and contract documents as required by Iowa law will be prepared to allow the City to solicit competitive quotes (less than $125,000.00). City staff will provide hydrant inspection /observation and documentation prior to the commencement of repainting work. The City staff will also observe surface preparation and repainting work. IIW will provide assistance to the Water Distribution Divisions during repainting as requested; including consultation, meetings, and on -site observations and evaluations. SCOPE OF SERVICES The following Scope of Services are anticipated based on Phase I work and discussions of various changes desired: PART A — BASIC SERVICES 1. Consult with Water Distribution staff to discuss the Phase II project, determine appropriate revisions to the Phase 1 specifications and solicitation documents, and Phase 11 project schedule. Attend meeting. 2. Review the City prepared list and locations of the hydrants to be repainted. 3. Review requirements for parking coordination and traffic control. 4. Review surface preparation requirements used in Phase 1. Review repainting requirements used in Phase I. Review potential changes discussed with City staff. 5. Modify Phase I technical specifications for surface preparation, debris handling, paint products and paint application. Attend meeting. 6. Review and possibly modify requirements for traffic control, Water Distribution Division notifications, and disposal of materials. Contact Parking Division to review requirements for avoiding parking meter charges. 7. Prepare competitive quote solicitation documents and contract and bond documents using City of Dubuque forms. 8. Review insurance requirements applicable to this Phase II project and discuss with City officials. 9. Prepare a quote solicitation request notice. Forward notice to potential bidders. IIW, P.C. www.iiwengr.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 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* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, NCARB /AIA* Alice M. Ohrtmann, PE Craig J. Elskamp, AIA Robert W. Blok, PE Eric J. Helminiak, PE /SE* Steven J. Hunn, PE Jeff J. Brandt, RLS * LEED AP ** Retired 4155 Pennsylvania Avenue, Dubuque, IA 52002 -2628 ♦ [P] 563.556.2464/800.556.4491 ♦ [F] 563,556.7811 ENGINEERS. ARCHITECTS. SURVEYORS. ijw Engineering Services Proposal Fire Hydrant Painting Phase II 2012 May 21, 2012 Page 2 10. Assemble solicitation and contract documents, technical specifications, quality control requirements, and listing and map of hydrants into a document for distribution to interested bidders. Per Iowa law the City shall pay the costs of printing and distribution of all plans (if any), specifications, and quoting and contract documents. The costs for printing and distribution will therefore not be included in the basic services fee. 11. Answer questions from potential contractors prior to submission of quotes. Issue addenda if necessary. 12. Attend meeting where quotes are opened and read. Tabulate the quotes. Evaluate the qualifications of the Contractor. Make a recommendation regarding contract award in writing. 13. Upon award approval by the Water Department and City Manager as required, prepare contract documents for execution by the City and the Contractor. 14. Review submittals as required in the technical specifications. 15. Process contractor's payment requests (one per month) and submit to the City with recommendation regarding payment. 16. Prepare a written statement of project completion. PART B — SERVICES DURING REPAINTING WORK 1. Attend "Preconstruction" conference with City and Contractor. 2. Provide technical consultation during surface preparation and repainting work. 3. Visit the site of the surface preparation and /or repainting as requested by Water Distribution Division staff. Evaluate the Contractor's work and inform Contractor and City staff of observations. Evaluate the results of the Contractor's work and assist City staff in determining acceptability. 4. Provide training of additional City staff as requested. 5. Consult with City staff about Water Distribution Division observations and determination. 6. Upon request provide inspection /observation if Water Distribution staff is not available. EXCLUSIONS Any work not listed in Part A of the Scope of Services will be considered extra services and not part of Basic Services. Extra Services will be provided at IIW's standard hourly rate. IIW has included three meetings as part of Part A. Additional meeting will be considered extra services and /or Part B services. COMPENSATION The fee for Part A — Basic Services will be a lump sum of $15,100.00 (Fifteen Thousand One Hundred Dollars and Zero Cents). This would be payable as follows: Items 1 -7 Items 8 -13 Items 14 -16 $8,000.00 $3,600.00 $3,500.00 $15,100.00 The fee for Part B — Services During Repainting Work included listed services and any extra services will be based on the time required at the IIW Schedule of Professional Fee Rates. The estimated costs, based on 32 hours of Professional Engineer V and 32 hours of Design Engineer III, would be approximately $8,300.00 (Eight Thousand Three Hundred Dollars and Zero Cents). Additional time and extra services will increase the estimated Part B total (as in Phase I). The fee would be payable as the services are provided and invoiced. Engineering Services Proposal Fire Hydrant Painting Phase II 2012 May 21, 2012 Page 3 GENERAL TERMS AND CONDITIONS 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 q.sejkora(a iiwengr.com or our office at (563) 556 -2464. Thank you for allowing IIW, P.C. to submit this proposal for engineering services. Respectfully, IIW, P.C. ,g44,7 44-LeL.- Gary Sejkora, P.E. Project Engineer (PEV) j v Adam Moris, E.I. Environmental Design Engineer (DE III) I hereby accept this Propo I and General Terms and Conditions. uthorized Signature Date Typed or Printed Name Enclosures A 62 Schedule of Professional Fee Rates January 2012 through December 2012 Staff Type Professional Engineer V Professional Engineer IV Professional Engineer III Professional Engineer II Professional Engineer I Professional Land Surveyor III Professional Land Surveyor II Professional Land Surveyor I Licensed Architect III Licensed Architect II Licensed Architect I Design Engineer IV Design Engineer III Design Engineer II Design Engineer I Environmental Specialist Construction Specialist Technical Specialist Hourly Rate $160.00 $141.00 $127.00 $120.00 $116.00 $141.00 $127.00 $118.00 $137.00 $116.00 $106.00 $111.00 $100.00 $95.00 $85.00 $100.00 $93.00 $88.00 Architectural Designer II $88.00 Architectural Intern I $66.00 Technician IV Technician III Technician II Technician I Engineering Aide II Engineering Aide I Clerical $88.00 $76.00 $66.00 $54.00 $76.00 $61.00 $48.00 *These hourly rates include miscellaneous expenses such as printing, telephone, postage, mileage, computer expenses, and supplies. These costs will not be invoiced as reimbursable expenses. Reimbursable expenses will not be invoiced without your prior authorization, IIW, P.C. www.iiwengr.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 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* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, NCARB /AIA* Alice M. Ohrtmann, PE Craig J. Elskamp, AIA Robert W. Blok, PE Eric J. Helminiak, PE /SE* Steven J. Hunn, PE Jeff J. Brandt, RLS * LEED AP ** Retired 4155 Pennsylvania Avenue, Dubuque, IA 52002 -2628 ♦ [P] 563.556.2464/800.556.4491 ♦ [F] 563.556.7811 ENGINEERS. ARCHITECTS. SURVEYORS. iiw iiw IIW, 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 Architect 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 Architect 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 Architect and the Architect's 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 Architect and the Architect's consultants. Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect'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 Architect shall obtain similar nonexclusive licenses from the Architect's 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 Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. Page 1 of 3 iiw IIW, P.C. In the event the Owner uses the Instruments of Service without retaining author of the Instruments of Service, the Owner releases the Architect and Architect's 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 Architect and its 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 Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's 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 Page 2 of 3 iiw IIW, P.C. 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 3 of 3