Contracts Signed - Shot Tower Plat (2)
,
5~~~E
~<k~
MEMORANDUM
November 16, 2006
TO:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
SUBJECT: Survey and Plat for Shot Tower
FROM:
Planning Services staff requested cost estimates for a survey and plat for the Shot
Tower from two local civil engineering firms who have conducted survey work for the
City in the Port of Dubuque.
The purpose of the surveying work is to establish right-of-way lines and property lines
and to prepare a plat for recording, in connection with requirements of the state and
federal grants the city has for the Shot Tower Rehabilitation Project. The costs of this
work are eligible for reimbursement, subject to local match. There are sufficient funds
in the CIP for this project to cover the costs.
The two cost estimates received for the survey work were $1,965 from IIW
Engineers and Surveyors, and $4,000 from WHKS. I recommend that you sign and
date the enclosed cost estimate with IIW.
LC/mkr
Enclosure
,
November 6, 2006
~~@~DW~~
~J NOV - 8 2006 !YJ
City of Dubuque Planning Services Department
City Hall- 50 West 13th Street
Dubuque, Iowa 52001
CITY OF DUBUQUE
PLANNiNG SERVICES DEP,1RTMENT
Attn: David Johnson - Assistant Planner
Re: Survey and plat of the Southerly line of Lot J of River Front Subdivision No.1 III
the City of Dubuque, Iowa
The following is our proposal to perform surveying services for the above
referenced project. Our work will include locating all existing monuments to establish
right-of-way lines and property lines, preparing a Plat of Survey for recording, and placing
all remaining lot corners as required including points along the North right-of-way line of
Commercial Street adjacent to the Shm Tower as per our discussion. The breakdown of
these professional services is listed below.
Two-Man Survey Crew
Computer Technician
Licensed Land Surveyor
$1,400.00
$220.00
$345.00
The total COSt for these professional services will not exceed $1,965.00. We can
begin this project within two weeks of your authorization to proceed. Please reference the
attached "General T ernlS and Conditions" as a part of this proposal. If you have any
questions, please contact this office. Thank you for your time and consideration.
Submitted by:
II\V ENGINEERS & SURVEYORS, P.e.
~~.~~
John M. Tranmer, PLS
Director of Surveying
Accepted by:
Autddfg~:!lJYIt
IIW Eng neers & Surveyors, P.C.
Dubuque, IA Hazel Green, WI
INTEGRITY. EXPERTISE. SOLUTIONS
'.
!f
mzJ~
,
--,;
Dtllni~ F. \Vall:!h. PE/SE
Clwrle\ A. Cmc. PE
(;:\1") D. St'ji-:01"il. PE
Miehilci /\. Jallsen, PEiSF-.
R'-'Ilidd A. Balmt'c PFiSF
John M. TremmeL PLS
Timothy' J. Tranel. PE
John F WanJsnider. PE
Julie P. Neenel. PE
James E Kaune, PE
Thonl(js J, OqeL PLS
\Vray A. Childers. PLS
(Jeoffry T Blandin. PE
Mark C. JOD!.':cn. PE
Civil En~ineeril1g
Structural Engineering
Environmental Engineerin~
Municipa] Engineering
Transportiltion Ent!ineering
Architectura] En.!!ineering
Land Surveying
Qlwlitv Control Testing
Geotechnical En,!:'ineering,
4155 Pennsylvania Avenue
Dubuque. ]OW<1 52001-262N
563.556.24(,4
56:1.5:'i6.7I\ II fax
ww\v.iiwen!.':Lcom
r,"_
-.-----.-----...r'
'-,
1/
r'
1:IEZj\
I
\~I j
,
L_c
IIW ENGINEERS & SURVEYORS, P.c.
The following General Terms and Conditions shall apply to the attached Agreement
Professional Services between IIW Engineers & Surveyors, P.c., herein referred to as
Consultant, and the Client identified in the attached Agreement.
for
the
\
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 attorne~y'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 perfonnance 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
confinning such insurance to the Client.
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.
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 fe-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 hamlless 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.
Page 1 of2
"
IIW ENGINEERS & SURVEYORS, P.c.
(
,
-,
M
,-
\ IIEZ)\
--(
l~., ;'
j
The delivery of electronic infonnation to Contractors is for the benefit of the Owner for whom the design services have
been perfonned. 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
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
infonnation 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 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
information 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 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 tenninate 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 all services rendered up to the date the Consultant receives the written notice of intent
to tenninate. Failure of the Client to make payments when due shall be cause for suspension of services or ultimately
tennination, 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
purposes only. Purchase order tenus and conditions are void and are not a part of our agreement.
Page 2 of2