Signed Contact_Professional Services Agreement, WHKS & Co. Bies DriveMasterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Bob Green, Water Department Manager
SUBJECT: Professional Services Agreement
DATE: June 7, 2011
Dubuque
bfril
All- America City
l i
2007
INTRODUCTION:
The purpose of this memorandum is to request your signature to the attached contract
with WHKS & Co.
DISCUSSION:
Mr. Krieg, owner of #1576 Bies Drive made a request to the City to install a public water
main along Bies Drive for city water connection to his property.
This request was approved in a memo to you dated April 13, 2011 (see attached).
ACTION:
I am requesting your signature to the attached contract with WHKS & Co. for the design
and specifications for this project in the amount of $5,500.
Please return the signed agreement to me so that we may proceed with this project.
Staff and I are available should you have any questions.
BG:ve
cc: Mike Brekke, Water Distribution Supervisor
File
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
Michael C. Van Milligen, City Manager
Bob Green, Water Department Manager
Bies Drive Water Main Extension
April 13, 2011
The purpose of this memorandum is to request your approval for a water main
extension along Bies Drive. CIP 37401411 — Water Main Extensions — Budgeted
Amount: $570,583; Balance: $512,395.33. 1 04 # s83..dzzs
Mr. Krieg, owner of #1576 Bies Drive has requested the City to install a public water
main along Bies Drive for City water connection to his property. Mr. Krieg's private well
is deteriorating causing him the need to connect.
The project would consist of the installation of approximately 325 feet of 8 inch water
main, valves and a fire hydrant at an estimated cost of $29,988.
Mr. Krieg would be required to pay a connection fee of $2,018.50.
Funds are currently available in our CIP #740141
this request.
ACTION:
Staff and I are recommending with your approval
Mr. Krieg access to city water.
BG:ve
Attachments
cc: Jenny Larson, Budget Director
Mike Brekke, Water Distribution Supervisor
File
1, Water Main Extensions to support
to install this water main in providing
1 /;L,' /
C
kettel
All-America City
2007
To whom it may concern,
My name is Steven A. Krieg . I live at 1576 Bies Drive ,
Dubuque , Iowa. We have been here for since May of 1999. I
am writing this to ask a couple things from you.
1. We are on a well. There use to be a trailer park here many
years ago. And the well served all 21 of them. Now it is just
our house on the well. Our water pressure is terrible. We have
tossed around the idea of hooking up to city water , many
times. But we kept getting different stories and figures on
what we would have to do or the price of doing it. So now we
were wanting to know just what it would cost to hook to °city
water? Well that isn't going to be a easy one to answer. There
is no water main in Bies Drive, past Daniels street. There is a
sewer line but no water line. I was told since there is no water
main , that I was to write this letter and send it to you.
Requesting that you extend the water main , down Bies Drive
to my house. Which is the third lot south of Daniels. Other
wise there is no way to trench to city water. If there is some
other way of hooking to city water , please let us know.
2. Second , we have heard that Bies Drive is slated for a
asphalt over lay, this year. If that is true , wouldn't this be a
good time to kill two birds with one stone? Bies is knolled and
has no curbs. When a heavy rains or winter melting accurse , it
all runs down and into our driveway. There is nothing to direct
it straight down Bies. When we have a heavy rain , it comes
right across the driveway and down through our yard. There
have been some super big storms , that the water came up
against the house. So the other thing that we would like you to
look into is , when the asphalt over lay is being done . That
you could look into my two problems , at the same time.
Water main extension , down Bies. And the water run off
problem , from how it is knolled our way. (curbless)
We hope you can help us with these two things? We will be
waiting for your written response. Thank you
The Kriegs
WHKS & Co.
THIS AGREEMENT, by and between City of Dubuque, Iowa 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 Bies Drive Water Main Extension, and,
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 & Conditions.
Scope of Services
WHKS shall perform the following described services for the Client:
Design Services
1.
2.
3.
4.
5.
6.
PROFESSIONAL SERVICES AGREEMENT
Design and prepare plans using the City of Dubuque
extension indicated on Exhibit A attached hereto.
Provide preliminary plans for review and approval.
Provide final plans for the bidding process.
Prepare and submit application for IDNR water permit
Tabulation of quantities for bidding purpose.
Compile City Specifications.
Surveying Services
1. Provide necessary topographic survey to design improvements.
2. Locate existing property corners to establish property /ROW line.
Construction Services
1. Provide construction staking for water main.
Services to be provided by the Client
1. Front end bid documents
2. Bidding process.
Standards
1701 Route 35 North
East Dubuque, IL 61025
Phone: 815-747-8833
for water main
Assumptions and limitations
1. If existing property corners cannot be located, WHKS shall discuss how to proceed with
the City and before proceeding may request an extra work order.
WHKS & co.
Basis of Compensation
For the services described above, the Client shall remunerate WHKS as follows:
Design Service Fee =
Survey Service Fee =
Construction Staking =
Total Lump Sum Fee =
Expenses (Mileage and materials) =
Executed this day of
City of Dubuque
Title: 2 ;9 mAtiAye /3
$ 3,100.00
$ 1,900.00
$ 500.00
$ 5,500.00
$ At Cost (Est. at $60.00)
WHKS & co.
, 2011.
1701 Route 35 North
East Dubuque, IL 61025
Phone: 815- 747 -8833
1
7
By: By: vv� L K A A' -
Michael (Tony) Zelinskas, P/=.
Title: Vice President
WHKS & co.
Exhibit A
1701 Route 35 North
East Dubuque, IL 61025
Phone: 815 -747 -8833
WHKS & co.
1. Scope of Services
Client and WHKS have agreed to a list
of services WHKS will provide to
Client as listed on the Professional
Services Agreement Form.
2. Governing Law
The laws of the State of Iowa will
govern this Agreement, its interpreta-
tion and performance. Any litigation
arising in any way from this
Agreement shall be brought in the
courts of that State.
3. Standard of Care
Services provided by WHKS under
this Agreement will be performed in a
manner consistent with that degree of
care and skill ordinarily exercised by
members of the same profession
currently practicing under similar
circumstances and locality.
4. Integration
This Agreement comprises the final
and complete agreement between
Client and WHKS. It supersedes all
prior communications, representa-
tions, or agreements, whether oral or
written, relating to the subject matter of
this Agreement. Execution of this
Agreement signifies that each party
has read the document thoroughly.
Amendments to this Agreement shall
not be binding unless made in writing
and signed by both Client and WHKS.
5. Guarantees and Warranties
WHKS shall not be required to sign
any documents, no matter by whom
requested, that would result in WHKS
having to guarantee or warrant the
existence of conditions whose
existence WHKS cannot ascertain.
Client also agrees not to make
resolution of any dispute with WHKS
or payment of any amount due to
WHKS in any way contingent upon
WHKS signing any such guarantee or
warranty.
6. Indemnification
WHKS agrees, to the extent permitted
by law, to indemnify and hold Client
harmless from any damage, liability or
cost (including reasonable attorney's
fees and costs of defense) to the
extent caused by WHKS' negligent
acts, errors or omissions in the
performance of professional services
STANDARD TERMS AND CONDITIONS
FOR
PUBLIC SECTOR PROJECTS
under this Agreement and those of its
subconsultants or anyone for whom
WHKS is legally liable.
Client agrees, to the extent permitted
by law, to indemnify and hold WHKS
harmless from any damage, liability or
cost (including reasonable attorneys'
fees and costs of defense) to the
extent caused by Client's negligent
acts, errors or omissions and those of
Client's contractors, subcontractors or
consultants or anyone for whom Client
is legally liable.
Neither WHKS nor Client shall be
obligated to indemnify the other party
in any manner whatsoever for the
other party's own negligence.
7. Billing and Payment Provisions
Invoices shall be submitted by WHKS
monthly and are due upon
presentation and shall be considered
PAST DUE if not paid within thirty (30)
calendar days of the invoice date.
If payment is not received by WHKS
within thirty (30) calendar days of the
invoice date, Client shall pay as
interest an additional charge of one
and one - quarter percent (1.25 %) of
the PAST DUE amount per month.
Payment thereafter shall first be
applied to accrued interest and then to
the unpaid principal.
If Client fails to make payments within
sixty (60) days from the date of an
invoice or otherwise is in breach of this
Agreement, WHKS may, at its option,
suspend performance of services
upon five (5) calendar days' notice to
Client. WHKS shall have no liability
whatsoever to Client for any costs or
damages as a result of such
suspension caused by any breach of
this Agreement by Client. If Client fails
to make payment to WHKS in
accordance with the payment terms
herein, this shall constitute a material
breach of this Agreement and shall be
cause for termination by WHKS.
In the event legal action is necessary
to enforce the payment provisions of
this Agreement, WHKS shall be
entitled to collect from Client any
judgment or settlement sums due,
reasonable attorneys' fees, court costs
and expenses incurred by WHKS in
connection therewith and, in addition,
the reasonable value of WHKS
personnel time and expenses spent in
connection with such collection action,
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1412 6th Street SW
P.O. Box 1467
Mason City, IA 50402 -1467
Phone: 641 -423 -8271
computed at WHKS current fee
schedule and expense policies.
Payment of invoices is in no case
subject to unilateral discounting or set-
offs by Client, and payment is due
regardless of suspension or
termination of this Agreement by either
party.
8. Ownership of Records
All reports, plans, specifications, field
data and notes and other documents,
including all documents on electronic
media, prepared by WHKS as
instruments of service shall remain the
property of WHKS.
Client shall be permitted to retain
copies, including reproducible copies,
of the plans and specifications for
information and reference in
connection with Client's use of the
completed project. The plans and
specifications shall not be used by
Client or by others on other similar
projects except by agreement in
writing by WHKS.
9. Delivery of Electronic Files
In accepting and utilizing any
drawings, reports and data on any
form of electronic media generated
and provided by WHKS, Client
covenants and agrees that all such
electronic files are instruments of
service of WHKS, who shall be
deemed the author, and who shall
retain all rights under common and
statutory laws, and other rights,
including copyrights. Client is aware
that differences may exist between the
electronic files delivered and the
respective construction documents
due to addenda, change orders or
other revisions. In the event of a
conflict between the signed
construction documents prepared by
WHKS and electronic files, the signed
construction documents shall govern.
Client and WHKS agree that the
electronic files prepared by WHKS
shall conform to the current CADD
software in use by WHKS or to other
mutually agreeable CADD specifica-
tions defined in the Agreement. Any
changes to the CADD specifications
by either Client or WHKS are subject
to review and acceptance by the other
party. Additional efforts by WHKS
made necessary by a change to the
CADD specifications or other software
shall be compensated for as
Additional Services.
The electronic files provided by WHKS
to Client are submitted for an
acceptance period of 60 days. Any
defects Client discovers during this
period will be reported to WHKS and
will be corrected as part of the Scope
of Services. Correction of defects
detected and reported after the
acceptance period will be
compensated for as Additional
Services.
Client agrees not to reuse the
electronic files, in whole or in part, for
any purpose or project other than the
project that is the subject of this
Agreement. Client agrees not to
transfer the electronic files to others
without the prior written consent of
WHKS, except as required by law. In
addition, Client agrees, to the extent
permitted by law, to indemnify and
hold WHKS harmless from any
damage, liability or cost, including
reasonable attorney's fees and costs
of defense, arising from any changes
made by anyone other than WHKS or
from any reuse of the electronic files
without the prior written consent of
WHKS.
Under no circumstance shall delivery
of the electronic files for use by Client
be deemed a sale by WHKS and
WHKS makes no warranties, either
express or implied, of merchantability
and fitness for any particular purpose.
In no event shall WHKS be liable for
any loss of profit or any consequential
damages.
10. Changed Conditions
Client shall rely on the judgment of
WHKS as to the continued adequacy
of this agreement in light of
occurrences or discoveries that were
not originally contemplated by or
known to WHKS. Should WHKS call
for contract renegotiation, WHKS shall
identify the changed conditions
necessitating renegotiation and WHKS
and Client shall promptly and in good
faith enter into renegotiation of this
Agreement. If terms cannot be agreed
to, the parties agree that either party
has the absolute right to terminate this
Agreement.
11. Permits and Approvals
WHKS shall assist Client in applying
for those permits and approvals
typically required by law for projects
similar to the one for which WHKS
services are being engaged. This
assistance consists of completing and
submitting forms as to the results of
certain work included in the Scope of
Services.
12. Suspension of Services
If the project is suspended for more
than thirty (30) calendar days in the
aggregate, WHKS shall be
compensated for services performed
and charges incurred prior to receipt of
notice to suspend and, upon
resumption, an equitable adjustment
in fees to accommodate the resulting
demobilization and remobilization
costs. In addition, there shall be an
equitable adjustment in the project
schedule based on the delay caused
by the suspension. If the project is
suspended for more than ninety (90)
calendar days in the aggregate,
WHKS may, at its option, terminate
this Agreement upon giving notice in
writing to Client.
13. Termination
Either Client or WHKS may terminate
this Agreement at any time with or
without cause upon giving the other
party seven (7) calendar days prior
written notice. Client shall within thirty
(30) calendar days of termination pay
WHKS for all services rendered and
all costs incurred up to the date of
termination, in accordance with the
compensation provisions of the
Agreement.
14. Unauthorized Changes
In the event Client, Client's contractors
or subcontractors or anyone for whom
Client is legally liable makes or
permits to be made any changes to
any reports, plans, specifications or
other contract documents prepared by
WHKS without obtaining WHKS' prior
written consent, Client shall assume
full responsibility for the results of such
changes. Therefore, Client agrees to
waive any claim against WHKS and to
release WHKS from any liability
arising directly or indirectly from such
changes.
Client also agrees, to the extent
permitted by laws, to indemnify and
hold WHKS harmless from any
damage, liability or cost, including
reasonable attorneys' fees and costs
of defense, arising from such changes.
15. Jobsite Safety
Neither the professional activities of
WHKS nor the presence of WHKS or
its employees and subconsultants at a
construction site, shall relieve the
General Contractor and any other
entity of their obligations, duties and
responsibilities including, but not
limited to, construction means,
methods, sequence, techniques or
procedures necessary for performing,
superintending or coordinating all
portions of the construction work in
accordance with the contract
documents and any health or safety
precautions required by any regulatory
agencies. WHKS and its personnel
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have no authority to exercise any
control over any construction
contractor or other entity or their
employees in connection with their
work or any health or safety
precautions.
16. Additional Services
Services which are requested by
Client or are required as part of the
Project, but are not included in the
Scope of Services, are considered
Additional Services.
WHKS will notify Client in writing when
Additional Services will be needed.
WHKS and Client will agree on the
extent of the Additional Service(s)
required and will agree on the method
and amount of the compensation for
performance of said agreed upon
Additional Services.
WHKS will not perform Additional
Services which will result in additional
cost to Client without documented
verbal or written authority of Client.
In the event WHKS is requested or
required to participate in any dispute
resolution procedure which involves
any aspect of the Project, Client
agrees to compensate WHKS for the
reasonable value of WHKS' personnel
time and expenses spent in
connection with such procedures
computed at WHKS' then current fee
schedule and expense policies.
17. Dispute Resolution
In an effort to resolve any conflicts that
arise, Client and WHKS agree that all
disputes between them arising out of
or relating to this Agreement shall be
submitted to nonbinding mediation
unless the parties mutually agree
otherwise.
18. Third Party Beneficiaries
Nothing contained in this Agreement
shall create a contractual relationship
with or a cause of action in favor of a
third party against either Client or
WHKS. WHKS' services under this
Agreement are being performed solely
for Client's benefit, and no other entity
shall have any claim against WHKS
because of this Agreement or the
performance or nonperformance of
services hereunder.
19. Extension of Protection
Client agrees to extend any and all
liability limitations and indemnifications
provided by Client to WHKS to those
individuals and entities WHKS retains
for performance of the services under
this Agreement, including but not
limited to WHKS officers and
employees and their heirs and
assigns, as well as WHKS
subconsultants and their officers,
employees, heirs and assigns.
20. Timeliness of Performance
WHKS will perform the services
described in the Scope of Services
with due and reasonable diligence
consistent with sound professional
practices.
21. Delays
WHKS is not responsible for delays
caused by factors beyond WHKS'
reasonable control, including but not
limited to delays because of strikes,
lockouts, work slowdowns or
stoppages, accidents, acts of God,
failure of any governmental or other
regulatory authority to act in a timely
manner, failure of Client to furnish
timely information or approve or
disapprove of WHKS' services or work
product promptly, or delays caused by
faulty performance by Client or by
contractors of any level. When such
delays beyond WHKS' reasonable
control occur, Client agrees WHKS is
not responsible for damages, nor shall
WHKS be deemed to be in default of
this Agreement.
22. Right to Retain Subconsultants
WHKS may use the services of
subconsultants when, in the sole
opinion of WHKS, it is appropriate and
customary to do so. Such persons
and entities include, but are not limited
to, aerial mapping specialists,
geotechnical consultants and testing
laboratories. WHKS' use of other
consultants for additional services
shall not be unreasonably restricted by
Client provided WHKS notifies Client
in advance.
23. Assignment
Neither party to this Agreement shall
transfer, sublet or assign any rights
under or interest in this Agreement
(including but not limited to monies
that are due or monies that may be
due) without the prior written consent
of the other party.
24. Severability and Survival
Any provision of this Agreement later
held to be unenforceable for any
reasons shall be deemed void, and all
remaining provisions shall continue in
full force and effect.
25. Hazardous Materials
It is acknowledged by both parties that
WHKS' Scope of Services does not
include any services related to
asbestos or hazardous or toxic
materials. In the event WHKS or any
other party encounters asbestos or
hazardous or toxic materials at the
jobsite, or should it become known in
any way that such materials may be
present at the jobsite or any adjacent
areas that may affect the performance
of WHKS services, 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 consultants(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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