Contract City Hall Tuckpointing IIW
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Memorandum
November 15,2006
TO: Michael Van Milligen, City Manager
FROM: Rich Russell, Building Services Manager~
RE: City Hall Tuckpointing Project
INTRODUCTION: This memo transmits the contracts between the City of
Dubuque and IIW Engineers & Surveyors for the City Hall Tuckpointing Project.
BACKGROUND: I conducted an RFP process with the assistance from Finance
Director Ken TeKippe and Assistant Planner Dave Johnson for the City Hall First
Floor Restrooms Project.
Anderson Design and Consulting and IIW responded to the request. Our
committee selected IIW to provide this service.
The contract, bonding and insurance submittals have been reviewed and
approved by Project Manager Steve Brown.
RECOMMENDATION: I recommend that you sign the two contracts and return
them to me for distribution.
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SHORT FORM AGREEMENT
FOR
PROFESSIONAL ENGINEERING/SURVEYING SERVICES
BETWEEN: IIW Engineers & Surveyors, P.C. FOR: Client: City of Dubuque
4155 Pennsylvania Ave. Address: 50 West 13th Street
Dubuque, IA 52002-2628 Dubuque, IA 52001
Phone: (563) 556-2464 Phone No.: (563) 589-4150
Proj. Mgr.: Ron Balmer Contact: Rich Russell, Building
Services Manaaer
Date: November 10, 2006
Project Description: Dubuque City Hall Tuckpointing Project
IIW Project No.: 06163-01
WITH SCOPE OF SERVICES AS DESCRIBED BELOW:
IIW proposes to provide the following scope of services:
1. Research - Collect existing information from documents and other available sources, and determine
appropriate approach to the masonry restoration requirements.
2. Meet with City Staff to review information and refine project scope.
3. Prepare Bidding Documents - Based on the research specify appropriate restoration techniques and
materials and provide drawings identifying the scope of work.
4. Bidding and Negotiation - conduct pre-bid meeting, address bidder questions, issue addendum if
required, prepare bid tab, conduct bid letting, review bids and recommend award.
5. Construction Administration - Draft Improvement Contract, conduct pre-construction meeting, respond
to contractor inquiries, periodic site visits to evaluate the progress of work, review pay requests, review
change order requests, punchlist inspection, final inspection, and project close-out.
EXCLUSIONS:
IIW specifically excludes:
1. Production printing of plans and specifications.
2. Distribution of Bidding Documents, collecting plan deposits, and same with respect to Addenda.
3. Legal or design surveying - except as we deem to be more efficient for data collection.
4. Environmental assessment of hazardous materials or abatement, or specifying abatement, of same.
5. Services related to Warranty enforcement.
6. Restoration or recreation of historic elements previously damaged beyond repair or reclamation.
Secretary of the Interior's Standards will govern for such cases; however, this Agreement may be
subject to additional services for interfacing with specialty vendors or contractors and/or providing
design/material specifications, drawings, models, depictions, review, and approval for such items.
7. Structural evaluation of the existing buildina or anv of its comoonents.
FOR FEES AS OUTLINED BELOW:
IIW proposes to provide the above defined scope of services for the lump sum fee of $10,976.00. Fees will be
invoiced monthly based on the progress of work and will be due 30 days from the invoice date. Late payments
will be subject to 1.5% finance charge retroactive to the invoice date. This Proposal will be honored for a
period of 90 days from October 19, 2006. Please see the attached General Terms and Conditions.
OWNER'S RESPONSIBILITIES:
1. Provide all available information and documentation about the existing facility and any previous
restoration, renovation, or alteration activities.
2. Provide unrestricted access to the premises given reasonable notice and respect for established
security measures.
3. Provide any information related to current or past issues that could affect the ultimate scope of work.
4. Assist research into the historv of the facilitv.
The attached General Terms and Conditions are made a part of this Agreement.
SUBMITTED BY:
ACCEPTED BY:
DATE
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VEYORS, P.C.
ATTACHMENTS:
IIW General Terms and Conditions
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General Terms and Conditions
IIW ENGINEERS & SURVEYORS, P.c.
The following General Tenns 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.
The Client shall provide all criteria and full infonnation 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 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.
The Client and the Consultant each agree to indemnify and 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.
]n 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 hannless 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.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.
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IIW ENGINEERS & SURVEYORS, P.C.
The delivery of electronic infonnation 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
infonnation provided or that the use of the electronic information implies the review and approval by the Design
Professional of the information. Electronic infonnation is drawings, data, modeled data, or computational models. It is
Qur professional opinion that this electronic information provides design infonnation 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 infonnation. The transfer of
electronic infonnation is subject to the approval of the Design Professional. Depending upon the type of infonnation
requested, and the fonnat, 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 fonnat of the
infonnation requested. The Design Professional will make a reasonable effort to detennine whether or not the
infonnation 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 detennining 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 tenninate this Agreement for cause with seven (7) days prior written notice to the Client.
The Client is obligated to pay for aU 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 tenns 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
pmposes only. Purchase order tenns and conditions are void and are not a part of our agreement.
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