Southwest Arterial - Termination of WHKS & Company ContractRESOLUTION NO. 397-00
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION
TERMINATING THE CURRENT CONTRACT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, THE IOWA DEPARTMENT OF
TRANSPORTATION, AND WHKS & COMPANY FOR THE
SOUTHWEST ARTERIAL ENVIRONMENTAL ASSESSMENT
Whereas, the City of Dubuque, the Iowa Department of Transportation, and WHKS
& Company entered into an agreement dated October 17,1966, for WHKS & Company to
perform an update of the Environmental Assessment for the Southwest Arterial; and
Whereas, the City of Dubuque approved of the terms and conditions of said
agreement and authorized and directed the Mayor to execute the agreement on behalf of
the City Council; and
Whereas, the Iowa Department ofTransportation is now requesting that the City and
the Iowa Department of Transportation, pursuant to Section 10, Part C of the agreement,
terminate the current contract with WHKS & Company without fault on the part of the
consultant; and
Whereas, the City of Dubuque approves of the termination of the October 17, 1996
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the agreement between the City of Dubuque, the Iowa Department
ofTransportation, and WHKS & Company to update the Environmental Assessment forthe
Southwest Arterial be terminated under the terms of Section 10, Part C of the
AGREEMENT FOR CONSULTING SERVICES signed October 17, 1996 by the Iowa
Department of Transportation. It shall be understood that this termination is without fault
of the consultant.
Section 2. That the Mayor be authorized and directed to execute two copies of the
agreement to terminate the contract and forward the copies to the Iowa Department of
Transportation for their approval.
Passed, adopted and approved this 21st day of August, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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~ FAX 515-239-1982
July 28, 2000
Ref. No.: Southwest Arterial
STP-32-1 (1 0)-2C-31
Mike Koch, P.E.
Public Works Director
City of Dubuque
City Hall
13th and Central Avenue
Dubuque, IA 52001
Dear Mike,
.
The Iowa Department of Transportation wishes to terminate the current contract
agreement that the City of Dubuque and the Department have with WHKS &
Co. for the Southwest Arterial Project. The Department wishes to implement the
terms in Section 10, part C of the Agreement for Consultant Services signed
October 17, 1996 by the Department. This section terminates the agreement
without fault on the part of the Consultant.
As we discussed, I have enclosed a letter addressed to Tony Zelinskas, project
manager at WHKS & Co. which notifies the consultant of the contract
termination. The enclosed letter has been signed by the Department. Please
forward the letter to the City Manager of Dubuque, Mike Van Milligan, for
signature and then return to me. I will forward the signed letter to WHKS.
Sincerely,
;J~I. ~~
Mark Kerper
Office of Corridor Development
MK:TN:mac
cc: Harry Budd, Iowa DOT
Bob Krause, Iowa DOT
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~ FAX 515-239-1982
July 28, 2000
Ref. No.: Southwest Arterial
STP-32-1 [1 0)-2C-31
Tony Zelinskas, P.E.
450 Central Avenue
Dubuque, IA 52001-7024
Dear Mr. Zelinskas,
.
This is to inform you that the Iowa Department of Transportation and the City of
Dubuque are terminating the current contract agreement that the City of
Dubuque and the Department have with WHKS & Co. for the Southwest Arterial
Project. The Department and the City of Dubuque are implementing the terms
in Section 10, part C of the Agreement for Consultant Services signed October
17, 1996 by the Department. This section terminates the agreement without
fault on the part of the Consultant,
Sincerely,
L
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Sdndra Larson ( '.
Engineering Bureau
Iowa Department of Transportation
Terrance M. Duggan, Mayor
Ci ty of Dubuque
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CITY OF DUBUQUE, IOWA
MEMORANDUM
August 17, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Southwest Arterial Consultant--Contract Termination
The Iowa Department of Transportation has directed the City to terminate the
contract with WHKS and Company for the Environmental Assessment Study for the
Southwest Arterial.
.
Public Works Director Mike Koch is recommending adoption of a resolution that
terminates that contract. '
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
August 15, 2000
TO: Michael C. Van Milligen, City Manager
FROM:
Michael A. Koch, Public Works Director
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SUBJECT: Southwest Arterial Consultant - Contract Termination
INTRODUCTION
Attached is a letter from the Iowa Department of Transportation dated July 28, 2000,
suggesting that the consultant contract with WHKS & Company for the Environmental
Assessment Study for the Southwest Arterial be terminated.
DISCUSSION
The City Council authorized a consulting contract on May 6, 1996, for the Southwest
Arterial Environmental Assessment between the City, the Iowa Department of
Transportation, and WHKS & Company. A copy of the correspondence and agreement
is attached. At that time the City Council directed the Mayor to execute a contract
on behalf of the City.
Because of the current status of the Environmental Assessment with respect to a
preferred alignment, lOOT has decided that they will finish the Environmental
Assessment themselves and wish to terminate the contract with WHKS & Company.
RECOMMENDATION
Enclosed is a resolution authorizing the Mayor to sign the agreement terminating the
WHKS & Company contract dated October 17, 1996. I would recommend adoption
of the resolution.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution terminating the
Environmental Assessment Study with WHKS & Company on the Southwest Arterial.
MAK/vjd
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. ~ ~~~,"'::~~;,~tofTra~~~tiOn
~ FAX 515-239-1982
July 28, 2000
Ref. No.: Southwest Arterial
STP-32-1 (1 0)-2C-31
Tony Zelinskas, P.E.
450 Central Avenue
Dubuque, IA 52001.7024
Dear Mr. Zelinskas,
.
This is to inform you that the Iowa Department of Transportation and the City of
Dubuque are terminating the current contract agreement that the City of
DUbuque and the Department have with WHKS & Co. for the Southwest Arterial
Project. The Department and the City of Dubuque are implementing the terms
in Section 10, part C of the Agreement for Consultant Services signed October
17, 1996 by the Department. This section terminates the agreement without
fault on the part of the Consultant.
Sincerely,
~ LJ
L..fL'-t',{ ~. 8l1-L~1
Sandra Larson- \
Engineering Bureau
Iowa Department of Transportation
Terr nce M. Dugga
City of Dubuque
SQL:MK:mac
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