McGraw Hill Storm Sewer Extension
D"G~~E
~<-k~
MEMORANDUM
September 12, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Engineering and Survey Services Proposal
Port of Dubuque Storm Sewer Extension South of McGraw-Hili
City Engineer Gus Psihoyos recommends City Council approval to negotiate a contract
with WHKS & Co. for a lump sum fee of $8,700 for engineering and survey services to
facilitate the timely design of the storm sewer to be extended to the west from Bell
Street, south of the McGraw-Hili property and north of 5th Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
.nuJuJ c VdA /lu11t'/1~/~S
Michael C. Van Milligen L f
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psi hoyos, City Engineer
C..
I
I
Is
I
I
IT
~ '~
r en
...
:c-
en
...
:, =-
If! !!I _
:,
Ir
~
I
,
.
'Iw
,I,,~
':~','"",t,,,..,..'J:
"~
s
oS' ~
...
.
c
r
~
,
c:
-<
o
.
.
~
I "
, ~'
i~ ' UA'
t-'
t~
\' 0 "
\~H~
\ 0 ""
,11 '
57.2'
.
.
,
.
g:'
t
.
o
.
s
~2 STALL:
o
o
o
.J'SlAW
~ STALL:
~
~TALLS
'!,t .~~
if\6 STALLS '"
~D
~U
~
...
~
; ~
o
\
12 STALLS
I ACCUIIRlITIUS
ee
SITE AREA = 1.98 AC
35,000 SF - SLOG FOOTPI
100' x 350'
~
'"
q
42 01 SITE STAUS
628 OFF SITE STAUS
14 ACCESSIBLE STAUS
B84 TOTAl PARICIIS STAlLS
- -
-------
w
w
w
OHE
OHE--D~
o
o
o
o
0_
--1~
"'\'-'
"
!\
WHKS & CO.
ENGINEERS
PLANNERS
LAND SURVEYORS
FOUAD K DAOUD, P.E. &. S.E., PRESIDENT &. CEO
PENNY L SCHMITZ, EXEC VICE PRES., COO /I, CFO
RICK G, ENGSTROM, GET., VICE PRESIDENT
MICHAEL A. ZElINSKAS, PE., VICE PRESIDENT
GERALD M. WEILAND, P.E.. CHAIRMAN OF THE BOARD
-
-
-
September 1, 2006
185 WISCONSIN AVENUE
EAST DUBUQUE, IL 61025-1324
phone 815-747-8833
fax 815~747~6043
e-mail eastdub@Nhks.com
websi1e: www.whks.com
Mr. Deron Muehring
Civil Engineer
Public Works Division
City of Dubuque
50 West 13th Street
Dubuque, IA 52001-4864
RE: Dubuque, Iowa
60" Storm Sewer Design in the Port of Dubuque
Engineering and Survey Services Proposal
Dear Mr. Muehring:
WHKS & Co. is pleased to present this proposal to perform Engineering and Survey
Services on this project. The attached proposal includes the scope of work and level
of effort that we estimate will be necessary for the project.
This letter transmits two copies of the proposal, which includes a Professional
Services Agreement and attachments. If acceptable, please sign and date both
copies and return an executed Agreement to our office. If you have any questions or
require additional information, please contact our office.
Sincerely,
WHKS & co.
jl~QS' ~,'Z~~
Michael A. (Tony) Zelinskas, P.E.
Vice President
MAZ/ss
Enclosures (2)
MASON CITY, IA
641-423-8271
DUBUQUE,IA
563-582-5481
AMES, IA
515-663-9997
ROCHESTER,MN
507-288-3923
E. DUBUQUE, IL
815-747-8833
SPRINGFIELD,IL
217-241-9457
WHKS & co.
185 Wisconsin Avenue
East Dubuque, IL 61025-1324
Phone: 815-747-8833
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, by and between 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:
60" Storm Sewer Design in the Port of Dubuque,
Engineering and Survey Services
Dubuque, Iowa
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 General Provisions (See Exhibit A).
Scope of Services
WHKS shall perform the following described services for the Client:
See Exhibit B
Basis of Compensation
For the services described above, the Client shall remunerate WHKS as follows:
Lump Sum Fee = $ 8,700.00
Executed this
day of
,2006.
City of Dubuque
WHKS & co.
By:
r'7r~
11u.J) -A. (~~A1
By:
Title:
Tille:
Vice President
WHKS & CO.
185 Wisconsin Avenue
East Dubuque, IL 61025-1324
Phone: 815-747-8833
EXHIBIT A
RE: Dubuque, Iowa
60" Storm Sewer Design in the Port of Dubuque
Engineering and Survey Services Proposal
WHKS & Co. General Provisions
c:ldeptlolwp/gen-proY.dbq
WHKS & CO.
185 Wisconsin Avenue
East Dubuque, IL 61025-1324
Phone: 815-747-8833
1. SeoDe of Services
The Client and WHKS have agreed to
a list of services WHKS will provide to
the Client as listed on the Professional
Services Agreement Form.
2. Governina Law
The laws of the State of Iowa will
govern the validity of this Agreerrent,
its interpretation 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 shall be performed in
a manner consistent with that de~ree
of care and skill ordinarily exerCised
by members of the same profession
currently practicing under similar
circumstances and in the same or a
similar locality.
4. Intearation
This Agreement comprises the fnal
and complete agreement between the
Client and WHKS. It supersedes all
prior communications,
representations, 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 the 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.
The 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 fullest extent
permitted by law, to indemnify and
GENERAL PROVISIONS
FOR
PROFESSIONAL SERVICES AGREEMENTS
hold the 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 under this
Agreement and those of its
subconsultants or anyone for whom
WHKS is legally liable.
The Client agrees, to the fullest 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
the Client's negligent acts, errors or
omissions and those of his or her
contractors, subcontractors or
consultants or anyone for whom the
Client is legally liable, and arising from
the project that is the subject of this
Agreement.
7. Billina and Pavment 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, the 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.
In the event legal action is necessary
to enforce the payment provisions of
this Agreement, each party shall be
entitled to collect from the other any
judgment or settlement sums due,
court costs, and expenses incurred in
connection therewith.
If the 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 suspend
performance of services upon five (5)
calendar days' notice to the Client.
WHKS shall have no liability
whatsoever to the Client for any costs
or damages as a result of such
suspension caused by any breach of
this Agreement by the Client.
If the 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.
Payment of invoices is in no case
subject to unilateral discounting or set-
offs by the Client, and payment is due
regardless of suspension or
termination of this Agreement by
either party.
8. Owners hiD of Records
All reports, plans, specifications, field
data and notes and other documents,
including aU documents on electronic
media, prepared by WHKS as
instruments of service shall remain the
property of WHKS.
The Client shall be permitted to retain
copies, including reproducible copies,
of the plans and specifications for
information and reference in
connection with the Client's use of the
completed project. The plans and
specifications shall not be used by the
Client or by others on other similar
projects except by agreement in
writing by WHKS.
9. Deliverv of Electronic Files
In accepting and utilizing any
drawings, reports and data on any
form of electronic media generated
and provided by WHKS, the 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. The 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 docllTlents shall govern.
The Client and WHKS agree that the
electronic files prepared by WHKS
WHKS & CO.
185 Wisconsin Avenue
East Dubuque, IL 61025-1324
Phone: 815-747-8833
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 the Client or WHKS are
subject to review and acceptance by
the other party. Additional efforts by
WHKS made necessary by a change
to the CAOD specifications or other
software shall be compensated for as
Additional Services.
The electronic files provided by WHKS
to the Client are submitted for an
acceptance period of 60 days. Any
defects the Client discovers during this
period wilt 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.
The 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. The Client agrees not to
transfer the electronic files to others
without the prior written consent of
WHKS. In addition, the Client agrees,
to the fullest 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
ITom 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 the
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. Chanced Conditions
The 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
c./deptlolWp/gen-prov.dbq
necessitating renegotiation and
WHKS and the 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 Aoorovals
WHKS shall assist the 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. SusDension 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, terninate
this Agreement upon giving notice in
writing to the Client.
13. Termination
Either the 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. The 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 Chanaes
In the event the Client, the Client's
contractors or subcontractors or
anyone for whom the 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, the Client shall assume full
responsibility for the results of such
changes. Therefore, the Client agrees
to waive any claim against WHKS and
to release WHKS from any liability
arising directly or indirectly 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 ald
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
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 the
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 the Client in writing
when Additional Services will be
needed. WHKS will not perform
Additional Services which will result in
additional cost to the Client without
documented verbal or written authority
of the Client.
17. DisDute Resolution
In an effort to resolve any conflicts that
arise during the design or construction
of the project or following the
completion of the project, the Client
and WHKS agree that all disputes
between them relating to the
construction or interpretation of this
Agreement shall be submitted to
nonbinding mediation unless the
parties mutually agree otherwise.
18. Third Partv 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 the Client or
WHKS. WHKS' services under this
Agreement are being performed solely
for the Client's benefit, and no other
entity shall have any claim against
WHKS & CO.
185 Wisconsin Avenue
East Dubuque, IL 61025-1324
Phone: 815-747-8833
WHKS because of this Agreement or
the performance or nonperformance
of services hereunder.
19. Extonsion of Protection
The Client agrees to extend any and
all liability limitations and
indemnifications provided by the
Client to WHKS officers and
employees.
WHKS agrees to extend any and all
liability limitations and indemnifications
provided by WHKS to CHent's officers
and employees.
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. Delavs
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 the Client to furnish
timely information or approve or
disapprove ofWHKS' services orwork
product promptly, or delays caused by
faulty perfonnance by the Client or by
contractors of any level. When such
delays beyond WHKS' reasonable
control occur, the Client agrees
WHKS is not responsible for
damages, nor shall WHKS be deemed
to be in default of this Agreement
during such period of delay.
22. Riaht to Retain Subconsultants
WHKS may use the services of
subconsultants at WHKS' expense
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 the client provided
WHKS notifies the Client in advance.
23. Assianment
Neither party to this Agreement shall
transfer, sublet or assign any rights
under or interest in this Agreement
c:/depUofwplgen-prov.dbq
(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 the 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 wth
applicable laws and regulations.
26. Insurance
WHKS shall provide insurance as set
forth in the attached Insurance
Schedule.
Revised 5/24/96
Revised 3/10/98
Revised 11/29/04
WHKS & CO.
185 Wisconsin Avenue
East Dubuque, IL 61025-1324
Phone: 815-747-8833
EXHIBIT B
RE: Dubuque, Iowa
60" Storm Sewer Design in the Port of Dubuque
Engineering and Survey Services Proposal
SCOPE OF SERVICES to City of Dubuque
1 . Topographical survey
2. Design 60-inch diameter storm sewer from Bell Street, 600 feet to the west.
a. Impacts to Bell Street.
b. Junction box in Bell Street and another where the proposed McGraw-Hili sanitary
sewer lateral is to be placed
3. Prepare design drawings, specifications, and an Engineers Estimate of Anticipated
Construction Costs.
4. Construction staking
ASSUMPTIONS AND LIMITATIONS
1. No hydrologic or hydraulic analysis or design will be performed. WHKS will design and detail
plans for the construction of the 60 inch diameter storm sewer in the location shown in
Exhibit C. The pipe slope will be approximately 0.2 'Yo.
2. WHKS will provide the Client with design information sufficient for the Client to develop the
easement exhibits required for property owned by Alliant Energy.
3. No special provisions are anticipated. City of Dubuque Standard Specifications and Details
will be utilized for construction.
4. WHKS will provide plans, specifications, an Engineers Estimate of Anticipated Construction
Costs to the Client. The Client will be responsible for distribution of the bid package to
contractors and letting the project.
5. Construction services include only construction staking. Construction staking is estimated as
requiring a total of 8 hours for a 2-person survey crew. Construction staking above 8 hours
shall be considered Extra Work and will be invoiced in accordance with the WHKS Standard
Hourly Rates that are in effect at the time the work is performed.
SCHEDULE
Topo Survey
Design
Specifications
Final Plans and Specifications
Cost Estimate
9/7/06 - 9/8/06
9/11/06 - 9/20/06
9/11/06 - 9/20/06
9/22/06 - 9/25/06
9/25/06
WHKS & CO.
185 Wisconsin Avenue
East Dubuque, IL 61025-1324
Phone: 815-747-8833
EXHIBIT C
RE: Dubuque, Iowa
60" Storm Sewer Design in the Port of Dubuque
Engineering and Survey Services Proposal
Project Concept
....
/ .r> ~~\ '\.)
i;l ~ ,,~' ~...,...
~~~ u~:~~~y
-0 0
'0
a ~ ~
'-
o
~I~ _ a
I:I~ 3HO
o
3HO
'^
'^
M... ", 'I';' II'
-------
S11ns ONIlIUVd lnOl tSs
Sl1V1S 31SISS300V tl
Sl1V1S 31IS HO SZ9
S11nS 31IS NO Zt
o
l()
-
,OSE X .00 l
Idl00:l 9018 - :IS OOO'SE
:JV86"l = ":lH" :illS
m~
\ ~ "~I
~:w\ zz 6J.~~ ~ ~IS 9l
.~'~
m,,,,l\ Sl':l~ ~ '
C I a
!
i)i)
SlWUnSISS3::lI)'1g
SllV1S Zl
~ ~
;!
...
In
11V1S Z~
SllV1S 6l
s -
--
--
""-~
"
.""-
i
,,1
~I
!
i
T
"I'
'J)
i
,
:li
I'
I
I
I
,
~
.S'Ot
c
,6'tt OH 001S
\
b ~ ~ \
,Z"Lt OH 001S \
c \
1E~~~I'
\ .1
.m 'I If,'
'~",,\_ Ii
\ If'
, I
I
..
~..
<
l=
!L
,
M--
I.
iI
01
1m:
if!
Iii ~Ii
LU lill
" a:
ti/
"::C~I
.... '"I
Lnl
"
~'I
"
II
,~I
I:
SI
"
I
II
"'l
,-
L--
" I
I
>-
"
.~.~.
s
m