Contract: City Hall Third Floor Traffic Ctr Renovation
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MEMORANDUM
October 31,2006
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer ~
SUBJECT: City Hall Third Floor Traffic Center Renovation Project
Enclosed is the contract between IIW Engineers & Surveyors, PC and the City of
Dubuque for the City Hall Third Floor Traffic Center Renovation Project. This
contract provides IIW Engineers & Surveyors, PC to develop the floor/ceiling plan,
finish and door schedule, and other details to convert a portion of third floor to the
City's Traffic Control Center.
I have reviewed the documentation and found it to be in order. Ken TeKippe has
approved the Certificate of Liability Insurance to ensure its compliance with the
City's insurance requirements.
I would request that you execute the attached documents and return it to my office.
~cc: Steven Sampson Brown, Project Manager
(7 Attachs.
SHORT FORM AGREEMENT
FOR
PROFESSIONAL ENGINEERING/SURVEYING SERVICES
BETWEEN: IIW Engineers & Surveyors, P.C. FOR: Client: City of Dubuque,
4155 Pennsylvania Ave. En~ineering Department
Dubuque, IA 52002-2628 Address: 13' & Central
Phone: (563) 556-2464 Dubuque, IA 52001
Proj. Mgr.: Ron Balmer Phone No.: 589 4270
Contact: Steve Brown
Date: 23 Oct 06
Project Description: City Hall Third Floor Traffic Center Renovation
IIW Project No.: 06006-05
WITH SCOPE OF SERVICES AS DESCRIBED BELOW:
1. Explore alternate plan layouts to achieve goal of two additional cubicle workstations, one common
conference room, and a flexible computer focused traffic control center.
2. Research existing facility to verify adequacy for proposed improvements, and viable source for HV AC
and electrical infrastructure.
3. Traffic center requirements will be based solely on information provided by the Client.
4. Develop floor plan, reflected ceiling plan, finish schedule, door schedule, and relevant details necessary
to implement the approved scope.
5. Provide estimate of probable construction cost based on private contractor competitive biddinq.
EXCLUSIONS:
1. Bidding phase services such as conducting a pre-bid meeting, evaluation of proposed contractor
alternatives, providing supplementary drawings, or evaluating substitutions.
2. Construction Administration - such as conducting a pre-construction meeting, reviewing shop drawings,
reviewing pay applications, or project close-out.
3. Enforcement of, or consultations related to, warranty issues.
4. Detailed design or specifications of modular office systems.
5. HVAC and electrical power supply sizing. Fundamental criteria will be provided for a design/build
a roach to HVAC and Electrical.
FOR FEES AS OUTLINED BELOW:
IIW proposes to provide the above scope of services for a lump sum of $4,350.00. Fees reflecting the
progress of work will be invoiced monthly. Payments are due within 30 days of invoice date and late payments
will be considered just cause to stop work. Please see the attached General Terms and Conditions for
additional information.
OWNER'S RESPONSIBILITIES:
Provide all known information about the existing structure. Provide timely responses to all requests for
information. Provide unrestricted access to the facility given reasonable notice. Provide required assistance
and equipment to investigate various aspects of the facility including, but not limited to, ladders, flashlights,
equipment data, etc. Provide all necessary infrastructure needs for the proposed improvements.
The attached General Terms and Conditions are made a part of this Agreement.
SUBMITTED BY:
ACCEPTED BY:
DATE
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DATE
ATTACHMENTS:
IIW General Terms and Conditions
IIW ENGINEERS & SURVEYORS, P.c.
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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
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 tenns 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 endeavor to 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 perfonnWIce 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.
The Client and the Consultant each agree to indemnify WId hold the other hannless, 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.
In recognition of the relative risks, rewards and benefits of the Project to both the Client and the Consultant, the risks
have been allocated such that the Client agrees that, to the fullest extent permitted by the law, the Consultant's total
liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses rising out of this
Agreement, from any cause or causes, shall not exceed the amount of the Consultant's fee or other amount agreed
upon. Such causes include, but are not limited to, the Consultant's negligence, errors, omissions, strict liability, breach
of contract or breach of warranty.
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.
All documents including calculations, computer files, drawings, and specifications prepared by the Consultant pursuant
to this Agreement are instruments of professional service intended for the one time use in construction of this project.
They are and shall remain the property of the Consultant. Any re-use without written approval or adaptation by the
Consultant shall be at the Client's sole risk and the Client agrees to indemnify and hold the Consultant harmless from
all claims, damages, and expenses, including attorney's fees, arising out of such reuse of documents by the Client and
by others acting through the Client.
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-tenn 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.
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IIW ENGINEERS & SURVEYORS, P.C.
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The delivery of electronic information to Contractors is for the benefit of the Owner for whom the design services have
been performed. Nothing in the transfer should be construed to provide any right of the Contractor to rely on the
information provided or that the use of the electronic information implies the review and approval by the Design
Professional of the information. Electronic information is drawings, data, modeled data, or computational models. It is
our professional opinion that this electronic information provides design information current as of the date of its
release. Any use of this information is at the sole risk and liability of the user who is also responsible for updating the
information to reflect any changes in the design following the preparation date of this information. The transfer of
electronic information is subject to the approval of the Design Professional. Depending upon the type of information
requested, and the format, a fee may be required for acquisition of the data, payable to the Design Professional.
Contractors are required to submit a request in writing to the Design Professional indicating the type and format of the
information requested. The Design Professional will make a reasonable effort to determine whether or not the
information can be provided as requested, and the fee for providing the information.
If this Agreement provides for any construction phase services by the Consultant, it is understood that the Contractor,
not the Consultant, its agents, employees, or sub~consultants, is responsible for the construction of the project, and that
the Consultant is not responsible for the acts or omissions of any contractor, subcontractor, or material supplier; for
safety precautions, programs, or enforcement; or for construction means, methods, techniques, sequences, and
procedures employed by the Contractor.
When included in the Consultant's scope of services, opinions of probable construction cost are prepared on the basis
of the Consultant's experience and qualifications and represent the Consultant's judgment as a professional generally
familiar with the industry. However, since the Consultant has no control over the cost of labor, materials, equipment,
or services furnished by others; over contractor's methods of determining prices, or over competitive bidding or market
conditions, the Consultant cannot and does not guarantee that proposals, bids, or actual construction cost will not vary
from the Consultant's opinions of probable construction cost.
The Client and the Consultant each binds himself or herself, partners, successors, executors, administrators, assigns,
and legal representative to the other party of this Agreement and to the partners, successors, executors, administrators,
assigns, and legal representative of such other party in respect to all covenants, agreements, and obligations of this
Agreement.
Neither the Client nor the Consultant shall assign, sublet or transfer any rights under or interest in (including but
without limitations, monies that may be due or monies that are due) this Agreement, without the written consent of the
other, except as stated in the paragraph above, and except to the extent that the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will
release or discharge the assigner from any duty or responsibility under this Agreement. Nothing contained in this
paragraph shall prevent the Consultant from employing such independent consultants, associates, and sub-contractors,
as he or she may deem appropriate to assist in the performance of services hereunder.
It is acknowledged by both parties that the Consultant's scope of services does not include any services related to the
presence at the site of asbestos, PCB's, petroleum, hazardous waste, or radioactive materials. The Client acknowledges
that the Consultant is performing professional services for the Client and the Consultant is not and shall not be required
to become an "arranger", "operator", "generator", or '"transporter" of hazardous substances, as defined in the
Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA).
The Client may terminate this Agreement with seven days (7) prior written notice to the Consultant for convenience or
cause. The Consultant may terminate this Agreement for cause with seven (7) days prior written notice to the Client.
The Client is obligated to pay for all services rendered up to the date the Consultant receives the written notice of intent
to terminate. Failure of the Client to make payments when due shall be cause for suspension of services or ultimately
termination, unless and until the Consultant has been paid in all full amounts due for services, expenses, and other
related charges.
This Agreement supersedes all terms and conditions contained on a purchase order typically procuring products. It is
understood by both parties upon execution of this agreement that if a purchase order is issued, it is for accounting
purposes only. Purchase order terms and conditions are void and are not a part of our agreement.
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