Signed Contracts_WHKS-Burlington Street Contract Copyrighted
August 7, 2023
City of Dubuque Consent Items # 026.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUMMARY: American Queen Steamboat Operating Company, LLC forthe Docking
Services Agreement; Celebration Belle for the 2023 Docking
Agreement; Dubuqueland Door Company for the Municipal Services
Center Salt Shed Door Replacement Project; Graymont Western Lime
forthe Eagle Point Water Plant High Calcium Quicklime; lowa Based
Milling for the 2023 Asphalt Milling Project; J&R Supply, I nc for the Ring
& Lids - Metal Supply; Landmark Turf Services, LLC for the Weed
Control Flood Control System Spraying 2023; McDermott Excavating for
the Radford Road Concrete Pavement Repair Project; WHKS & Co. for
the Burlington St. Water Main I mprovement Project.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Docking Services Agreement-American Queen Supporting Documentation
2023 Docking Agreement- Celebration Belle Supporting Documentation
Municipal Services Center Salt Shed Door Supporting Documentation
Replacement Project
Eagle Point Water Plant High Calcium Quicklime Supporting Documentation
Project
2023 Asphalt Milling Project Supporting Documentation
Ring & Lids- Metal Supply Supporting Documentation
Weed Control Flood Control System Spraying 2023 Supporting Documentation
Radford Road Concrete Pavement Repair Project Supporting Documentation
W HKS - Burlington Street Contract Supporting Documentation
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, by and between the City of Dubuque hereinafter referred to as the "Client" and
WHKS & Co., hereinafter referred to as "WHKS", is made as follows:
WHEREAS, the Client has a need for certain professional services relating to the project described as
Burlington St. Water Main Improvement Project.
WHEREAS, WHKS proposes to furnish the professional services required by the Client for said project,
NOW THEREFORE, the Client hereby agrees to retain and compensate WHKS to perform the
professional services in accordance with the terms and conditions of this Agreement and the attached
Standard Terms and Conditions.
Scope of Services
WHKS shall perform the following described services for the Client:
Construction phase engineering services as described on the attached Scope of Services
included in Exhibit A.
Basis of Compensation
For the services described above, the Client shall remunerate WHKS as follows:
Billed Hourly with a Not-to-Exceed Fee of$21,900.00, not including Expenses. Expenses will be
billed at actual cost, and mileage at the current published IRS rate per mile.
Executed this 27th day of July, 2023
C ity of Du b u ue WHKS &co. ���� ����-�-�
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Printed Name: Mike Van Milligen Printed Name: Steven Scott Sweet, P.E.
Title: City Manager Title: Principal
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Exhibit A to Professional Services Agreement
A. Proiect Description
The project consists of construction services for the replacement of existing water mains and
the installation of pressure reducing vaults and valves along Burlington St. and Primrose St. as
shown on the project plans(identified in Figure 1 below). The project will use the City of Dubuque
special provisions and SUDAS specifications.
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Figure 1 -Project Area
B. Scope of Services Provided Under This Aqreement
1. Project Management and Meetings
• Perform general project administrative duties including supervision and coordination of
the project team, review of project costs and billings, prepare invoices using Consultant's
standard forms, preparation of status reports, and general administrative activities.
• Advise the Client of the necessity of obtaining Special Engineering Services as described
in Paragraph C., and act as the Client's representative in connection with any such services
not actually performed by WHKS.
2. Construction Administration
• WHKS will serve as the primary point of contact for the Contractor.
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• Provide construction administration assistance during construction. Contract
administration assistance activities conducted during project construction include
clarification of design details, periodic visits to the construction site to observe the
progress of work, review of shop drawings, review periodic payment estimates for
completed construction work and recommend payments for processing, prepare change
orders when required, and prepare the final summary of construction costs.
• Conduct a preconstruction meeting with Client, Contractor and Utility Owners, if
requested.
3. Construction Observation
• Provide weekly construction updates to the City Water Department.
• Provide resident project observation services during the construction of the Project.
Resident observation is a full-time function during construction. Duties are to provide on-
site evaluations of the project progress in accordance with the plans and specifications
and report said progress to the Engineer. Observer will assist in recording data for
eventual preparation of Record Drawings. The observer duties do not include
construction means, methods, procedures, and job-site safety. Fee based on 200 hours
of observation and travel time.
• Provide as-builts of the construction project and submit to the City of Dubuque Water
Department upon completion. WHKS will be responsible for maintaining construction
records of water distribution materials used on the project. Measurements from existing
surface features, such as from back of curb and highly accurate shots on all of the pipe
bell joints, hydrants, valves, fittings, stop boxes, service line hook ups and any water
outlets and air releases and manholes, shall be recorded, including pipe depth
measurements. Upon installation, copies of the construction records shall be submitted
to the City of Dubuque Water Department located at 925 Kerper Court, Dubuque, lowa
52001. The primary contact person is Chris Lester (563)-589-4290 or (email)
clester cityofdubuque.org.
C. Special Enqineerinq Services:
Special Engineering Services are those services not listed above, but which may be required or
advisable to accomplish the Project. Special Engineering Services shall be performed when
authorized by the Client for additional fees, to be determined at the time authorized.
Special Engineering Services include:
1. Land surveying and platting
2. Easement research, plats or descriptions
3. Negotiation for easements or land acquisition
4. Special assessment assistance
5. Project construction staking
6. Quality control testing and construction materials testing
7. Permits other than those identified above
8. Water and/or sanitary sewer rate studies
9. Geotechnical design/recommendations
�o. Attendance at additional meetings (other than those listed above)
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STANDARD TERMS AND CONDITIONS
FOR
PUBLIC SECTOR PROJECTS
1. Scope of Services make resolution of any dispute with and one-quarter percent (1.25%) of
WHKS or payment of any amount the PAST DUE amount per month.
Client and WHKS have agreed to a due to WHKS in any way contingent Payment thereafter shall first be
list of services WHKS will provide to upon WHKS signing any such applied to accrued interest and then
Client as listed on the Professional guarantee or warranty. to the unpaid principal.
Services Agreement Form.
6. Indemnification If Client fails to make payments
2. Governinq Law within sixty (60) days from the date
WHKS agrees, to the extent of an invoice or otherwise is in
The laws of the State of lowa will permitted by law, to indemnify and
overn this A reement, its inter reta- breach of this Agreement, WHKS
9 9 p hold Client harmless from any may, at its option, suspend
tion and perFormance. Any litigation damage, liability or cost (including
arisin in an wa from this perFormance of services upon five(5)
9 Y Y reasonable attorney's fees and costs calendar days' notice to Client.
Agreement shall be brought in the of defense) to the extent caused by
courts of that State. WHKS shall have no liability
WHKS' negligent acts, errors or Whatsoever to Client for any costs or
omissions in the performance of damages as a result of such
3. Standard of Care professional services under this
suspension caused by any breach of
Agreement and those of its this Agreement by Client. If Client
Services provided by WHKS under subconsultants or anyone for whom
this Agreement will be performed in a fails to make payment to WHKS in
WHKS is legally liable. accordance with the payment terms
manner consistent with that degree
of care and skill ordinaril exercised herein,this shall constitute a material
Y Client agrees,to the extent permitted breach of this Agreement and shall
by members of the same profession by law, to indemnify and hold WHKS
currently practicing under similar harmless from any damage, liability be cause for termination by WHKS.
circumstances and locality. or cost (including reasonable
In the event legal action is necessary
attorneys'fees and costs of defense) to enforce the a ment rovisions of
4. Inteqration to the extent caused by ClienYs p y p
this Agreement, WHKS shall be
negligent acts, errors or omissions entitled to collect from Client an
This Agreement comprises the final and those of ClienYs contractors, y
and complete agreement between judgment or settlement sums due,
subcontractors or consultants or reasonable attorne s fees, court
Client and WHKS. It supersedes all anyone for whom Client is legally y
prior communications, representa- costs and expenses incurred by
liable. WHKS in connection therewith and,
tions,or agreements,whether oral or
written, relating to the subject matter Neither WHKS nor Client shall be in addition, the reasonable value of
of this Agreement. Execution of this obligated to indemnify the other party WHKS personnel time and expenses
Agreement signifies that each party in any manner whatsoever for the spent in connection with such
has read the document thoroughly. other party's own negligence. collection action,computed at WHKS
Amendments to this Agreement shall current fee schedule and expense
not be binding unless made in writing 7. Billinq and Pavment Provisions policies.
and signed by both Client and
WHKS. Invoices shall be submitted by Payment of invoices is in no case
WHKS monthly and are due upon subject to unilateral discounting or
5. Guarantees and Warranties presentation and shall be considered set-offs by Client, and payment is
PAST DUE if not paid within thirty due regardless of suspension or
WHKS shall not be required to sign (30) calendar days of the invoice termination of this Agreement by
any documents, no matter by whom date. either party.
requested, that would result in
WHKS having to guarantee or If payment is not received by WHKS 8. Ownership of Records
warrant the existence of conditions within thirty(30)calendar days of the
whose existence WHKS cannot invoice date, Client shall pay as All reports,plans,specifications,field
ascertain. Client also agrees not to interest an additional charge of one data and notes and other
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documents, including all documents of Services. Correction of defects and submitting forms as to the
on electronic media, prepared by detected and reported after the results of certain work included in the
WHKS as instruments of service acceptance period will be Scope of Services.
shall remain the property of WHKS. compensated for as Additional
Services. 12.Suspension of Services
Client shall be permitted to retain
copies, including reproducible Client agrees not to reuse the If the project is suspended for more
copies, of the plans and electronic files, in whole or in part,for than thirty (30) calendar days in the
specifications for information and any purpose or project other than the aggregate, WHKS shall be
reference in connection with ClienYs project that is the subject of this compensated for services performed
use of the completed project. The Agreement. Client agrees not to and charges incurred prior to receipt
plans and specifications shall not be transfer the electronic files to others of notice to suspend and, upon
used by Client or by others on other without the prior written consent of resumption, an equitable adjustment
similar projects except by agreement WHKS, except as required by law. in fees to accommodate the resulting
in writing by WHKS. In addition, Client agrees, to the demobilization and remobilization
extent permitted by law, to indemnify costs. In addition, there shall be an
9. Delivery of Electronic Files and hold WHKS harmless from any equitable adjustment in the project
damage, liability or cost, including schedule based on the delay caused
In accepting and utilizing any reasonable attorney's fees and costs by the suspension. If the project is
drawings, reports and data on any of defense,arising from any changes suspended for more than ninety(90)
form of electronic media generated made by anyone other than WHKS calendar days in the aggregate,
and provided by WHKS, Client or from any reuse of the electronic WHKS may, at its option, terminate
covenants and agrees that all such files without the prior written consent this Agreement upon giving notice in
electronic files are instruments of of WHKS. writing to Client.
service of WHKS, who shall be
deemed the author, and who shall Under no circumstance shall delivery 13.Termination
retain all rights under common and of the electronic files for use by
statutory laws, and other rights, Client be deemed a sale by WHKS Either Client or WHKS may terminate
including copyrights. Client is aware and WHKS makes no warranties, this Agreement at any time with or
that differences may exist between either express or implied, of without cause upon giving the other
the electronic files delivered and the merchantability and fitness for any party seven (7) calendar days prior
respective construction documents particular purpose. In no event shall written notice. Client shall within
due to addenda, change orders or WHKS be liable for any loss of profit thirty (30) calendar days of
other revisions. In the event of a or any consequential damages. termination pay WHKS for all
conflict between the signed services rendered and all costs
construction documents prepared by 10.Chanqed Conditions incurred up to the date of
WHKS and electronic files, the termination, in accordance with the
signed construction documents shall Client shall rely on the judgment of compensation provisions of the
govern. WHKS as to the continued adequacy Agreement.
of this agreement in light of
Client and WHKS agree that the occurrences or discoveries that were 14.Unauthorized Chanqes
electronic files prepared by WHKS not originally contemplated by or
shall conform to the current CADD known to WHKS. Should WHKS call In the event Client, ClienYs
software in use by WHKS or to other for contract renegotiation, WHKS contractors or subcontractors or
mutually agreeable CADD specifica- shall identify the changed conditions anyone for whom Client is legally
tions defined in the Agreement. Any necessitating renegotiation and liable makes or permits to be made
changes to the CADD specifications WHKS and Client shall promptly and any changes to any reports, plans,
by either Client or WHKS are subject in good faith enter into renegotiation specifications or other contract
to review and acceptance by the of this Agreement. If terms cannot documents prepared by WHKS
other party. Additional efforts by be agreed to, the parties agree that without obtaining WHKS'prior written
WHKS made necessary by a change either party has the absolute right to consent, Client shall assume full
to the CADD specifications or other terminate this Agreement. responsibility for the results of such
software shall be compensated for changes. Therefore,Client agrees to
as Additional Services. 11.Permits and Approvals waive any claim against WHKS and
to release WHKS from any liability
The electronic files provided by WHKS shall assist Client in applying arising directly or indirectly from such
WHKS to Client are submitted for an for those permits and approvals changes.
acceptance period of 60 days. Any typically required by law for projects
defects Client discovers during this similar to the one for which WHKS Client also agrees, to the extent
period will be reported to WHKS and services are being engaged. This permitted by laws, to indemnify and
will be corrected as part of the Scope assistance consists of completing hold WHKS harmless from any
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damage, liability or cost, including in connection with such procedures regulatory authority to act in a timely
reasonable attorneys'fees and costs computed at WHKS'then current fee manner, failure of Client to furnish
of defense, arising from such schedule and expense policies. timely information or approve or
changes. disapprove of WHKS' services or
17.Dispute Resolution work product promptly, or delays
15.Jobsite Safetv caused by faulty performance by
In an effort to resolve any conflicts Client or by contractors of any level.
Neither the professional activities of that arise, Client and WHKS agree When such delays beyond WHKS'
WHKS nor the presence of WHKS or that all disputes between them reasonable control occur, Client
its employees and subconsultants at arising out of or relating to this agrees WHKS is not responsible for
a construction site, shall relieve the Agreement shall be submitted to damages, nor shall WHKS be
General Contractor and any other nonbinding mediation unless the deemed to be in default of this
entity of their obligations, duties and parties mutually agree otherwise. Agreement.
responsibilities including, but not
limited to, construction means, 18.Third Partv Beneficiaries 22,Riqht to Retain Subconsultants
methods, sequence, techniques or
procedures necessary for Nothing contained in this Agreement WHKS may use the services of
shall create a contractual relationship
perForming, superintending or subconsultants when, in the sole
coordinating all portions of the With or a cause of action in favor of a opinion of WHKS, it is appropriate
third party against either Client or
construction work in accordance with and customary to do so. Such
WHKS. WHKS' services under this
the contract documents and any persons and entities include, but are
health or safety precautions required Agreement are being performed not limited to, aerial mapping
by any regulatory agencies. WHKS solely for ClienYs benefit, and no specialists, geotechnical consultants
and its personnel have no authority other entity shall have any claim and testing laboratories. WHKS'use
to exercise any control over any against WHKS because of this of other consultants for additional
Agreement or the performance or
construction contractor or other entity services shall not be unreasonably
nonperformance of services
or their employees in connection with restricted by Client provided WHKS
their work or any health or safety hereunder. notifies Client in advance.
precautions. 19.Extension of Protection
23.Assiqnment
16.Additional Services
Client agrees to extend any and all Neither party to this Agreement shall
liability limitations and
Services which are requested by transfer, sublet or assign any rights
Client or are required as part of the indemnifications provided by Client under or interest in this Agreement
Project, but are not included in the to WHKS to those individuals and (including but not limited to monies
Scope of Services, are considered entities WHKS retains for that are due or monies that may be
Additional Services. performance of the services under due)without the prior written consent
this Agreement, including but not of the other party.
WHKS will notify Client in writing limited to WHKS officers and
when Additional Services will be employees and their heirs and 24.Severabilitv and Survival
needed. WHKS and Client will agree assigns, as well as WHKS
on the extent of the Additional subconsultants and their officers, Any provision of this Agreement later
Service(s)required and will agree on employees,heirs and assigns. held to be unenforceable for any
the method and amount of the reason shall be deemed void, and all
compensation for performance of 20.Timeliness of Performance remaining provisions shall continue
said agreed upon Additional in full force and effect.
Services.
WHKS will perform the services
described in the Scope of Services 25.Hazardous Materials
WHKS will not perform Additional with due and reasonable diligence
Services which will result in consistent with sound professional It is acknowledged by both parties
additional cost to Client without practices. that WHKS' Scope of Services does
documented verbal or written not include any services related to
authority of Client. 21.Delays asbestos or hazardous or toxic
materials. In the event WHKS or any
In the event WHKS is requested or WHKS is not responsible for delays other party encounters asbestos or
caused by factors beyond WHKS' hazardous or toxic materials at the
required to participate in any dispute reasonable control, includin but not
resolution procedure which involves 9 jobsite,or should it become known in
limited to delays because of strikes, an wa that such materials ma be
any aspect of the Project, Client Y Y Y
agrees to compensate WHKS for the lockouts, work slowdowns or present at the jobsite or any adjacent
reasonable value of WHKS' stoppages, accidents, acts of God, areas that may affect the
personnel time and expenses spent failure of any governmental or other performance of WHKS services,
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WHKS may, at its option and without
liability for consequential or any other
damages, suspend performance of
services on the project until Client
retains appropriate specialist
consultant(s) or contractor(s) to
identify, abate and/or remove the
asbestos or hazardous or toxic
materials, and warrant that the
jobsite is in full compliance with
applicable laws and regulations.
26.Joint Participation
The parties have participated jointly
in the negotiation and preparation of
all agreements between the parties.
Each party has had an opportunity to
obtain the advice of legal counsel
and to review and comment upon
this instrument. Accordingly, no rule
of construction shall apply against
any party or in favor of any party.
This instrument shall be construed
as if the parties jointly prepared it
and any uncertainty or ambiguity
shall not be interpreted against one
party and in favor of another.
27.Record Documents
If required in the Professional
Services Agreement, WHKS shall,
upon completion of the Work,
compile for and deliver to the Client
a reproducible set of Record
Documents that are based upon the
marked-up record drawings,
addenda, change orders and other
data furnished by the Contractor or
other third parties. These Record
Documents may show certain
significant changes from the original
design made during construction.
Because these Record Documents
are based on unverified information
provided by other parties, which the
Consultant is entitled to assume as
reliable, the Consultant does not
warrant their accuracy.
Revised 02/23/07
Revised: 04/29/09
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