Loading...
Signed Contract_Origin Design Co. for the Jule Bus Barn Rooftop Unit RemovalCity of Dubuque City Council Meeting Consent Items # 9. Copyrighted November 1, 2021 ITEM TITLE: Signed Contract(s) SUMMARY: Hillcrest Family Services for use of Louis Murphy Park; Origin Design Co. for the Jule Bus Barn Rooftop Unit Removal; Iowa Commission on Volunteer Service for the 2021-2022 Formula Grant Amendment for the AmeriCorps Creating Opportunities Grant; Iowa Commission on Volunteer Service for the 2021-2022 Competitive Grant Amendment for the AmeriCorps Partners in Learning Grant. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Louis Murphy Park Agreement Supporting Documentation Amendment to AmeriCorps Creating Opportunities Supporting Documentation Grant Amendment to AmeriCorps Partners in Learning Grant Supporting Documentation Jule Bus Barn Rooftop Unit Removal Supporting Documentation origin design` September 30, 2021 John Klostermann Public Works Director - City of Dubuque 925 Kerper Ct. Dubuque, IA 52001 RE: Proposal for Professional Services Jule Bus Barn Rooftop Unit Removal Project No.: 2100606 Dear John: Origin Design Co. appreciates the opportunity to submit this Proposal for professional services for the above -referenced project. Project Description This project consists of the removal of the mechanical units at the former Keyline Transit Bus Barn at 2401 Central Avenue in Dubuque, IA. The design scope will consist of preparation of construction documents for the removal of two existing rooftop mechanical units, as well as associated ductwork and utilities and capping existing roof openings. This construction work will be awarded through the quotation process. Scope of Services The following list of services will be provided by or under the direct personal supervision of a Professional Engineer licensed to practice in the State of Iowa. Prepare Bidding and Construction Documents 1. Attend a meeting to develop a clear understanding of the project and identify schedule milestones. 2. Survey the existing building areas to field verify existing conditions. 3. Develop existing building floor plan to be used by the design team. An aerial photograph of the roof will be used if possible. 4. Prepare detailed final plans and specifications for construction of the project. This would include demolition and new construction roof plans, details, schedules, and technical provisions necessary to illustrate and define the scope of work to be performed by the Contractor on the project. Demolition of mechanical, plumbing and electrical items will be shown on the architectural demolition plan. S. Provide a statement of probable cost for the work to be performed. 6. Meet with Owner representatives to review statement of probable cost, final detailed drawings and specifications prior to issuing documents. 7. Prepare (3) three original signed hardcopy drawings and specifications for bidding and construction documents. Coordination of Soliciting Quotations and Award of Contract 1. Assist Owner in obtaining quotes for the Work. 2. Provide non-editable electronic files of construction documents (pdf) to local printer for printing and distribution to contractors. 3. Answer questions from contractors and suppliers as necessary, evaluating, and determining acceptability of materials proposed by contractors and suppliers. 4. Coordinate and issue addenda as needed. S. Attend opening of quotations and tabulate quotes to present to the Owner for review. DUBUQUE OFFICE 4155 Pennsylvania Avenue Cubuque, Iowa 52002 origindesign err, 800 556-4491 Jule Bus Barn Rooftop Unit Removal September 30, 2021 Page 2 of 6 origin design` 6. Assist in evaluating the quotations for completeness and accuracy and make a recommendation for the award of contract after the receipt of quotations. 7. Develop contract for construction between Owner and Contractor. Services During Construction 1. Provide general administration of the Construction Contract by consulting with the Owner. 2. Participate in a pre -construction meeting prior to the beginning of work at the project site. 3. Make (2) visits to the site at various stages of construction to observe the progress and quality of the Contractor's executed Work. These visits are limited to spot-checking and general observation and are not intended to be detailed inspections that extend to every aspect of the Contractor's Work. Information obtained during these visits will enable Origin Design to determine if the Work is proceeding in accordance with the Contract Documents. Origin Design will keep the Client informed of the progress of the Work. 4. Respond to Requests for Information and issue clarifications and interpretations of the Contract Documents as necessary to enable the completion of the Contractor's Work. S. Recommend Change Orders to the Owner as appropriate and prepare Change Orders as required. 6. Perform one round of review of construction submittals such as shop drawings and samples which the Contractor is required by the Contract Documents to submit. Review and subsequent approval is only for conformance to the design intent of the Contract Documents and does not extend to the means, methods, techniques and procedures of construction. 7. Review Payment Requests submitted by the Contractor and make recommendations based upon the Engineer's/Architect's knowledge of the progression of the Work. 8. Conduct a Substantial Completion review, including a visit to the site, and issue a Certificate of Substantial Completion to the Owner and the Contractor. Compensation Origin Design proposes to complete the Scope of Professional Services Items A, B, and C on an hourly basis for a not to exceed fee of $16,000 (sixteen thousand dollars and zero cents). Deliverables The following items will be delivered to the Client as the result of this Project: Statement of probable cost Plans and specifications in .pdf format. DUBUQUE OFFICE 4155 Pennsylvania Avenue Cubuque, Iowa 52002 origindesign 800 556-4491 Jule Bus Barn Rooftop Unit Removal September 30, 2021 Page 3 of 6 • • origin design` General Terms and Conditions The attached General Terms and Conditions are a part of this Proposal. This proposal is valid for 30 days from the date it was issued. If the services and fees defined in this proposal are acceptable, please return one signed copy to our office. If you have any questions, or require further assistance, please feel free to contact me at eric.helminiak@origindesign.com or our office at 563 556-2464. Thank you for the opportunity to submit this Proposal for Professional Services. Let's work on tomorrow. Together. Sincerely, Origin Design Co. �rJ Eric Helminiak, PE, SE Structural Team Leader Lauren Ray, PE, SE VP & Field Services Team Leader I hereby accept this Proposal and General Terms and Conditions and authorize this work. FOR: City of Dubuque v Aut orized Signature Michael Van Milligen Typed or Printed Name DUBUQUE OFFICE 4155 Pennsylvania Avenue Cubuque, Iowa 52002 October 13, 2021 Date origindesign.com 800 556-4491 Jule Bus Barn Rooftop Unit Removal origin September 30, 2021 Page 4of6 design` General Terms and Conditions The following General Terms and Conditions shall apply to the attached Agreement for Professional Services between Origin Design Co., herein referred to as the Consultant, and the Client identified in the attached Agreement. 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 terms 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 attorney's fees. The Consultant shall secure and 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 performance 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 confirming such insurance to the Client. Consultant shall at all times during the performance of this Agreement provide insurance as required by the City of Dubuque Insurance Schedule J with a Certificate of Insurance on file with the City. 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. 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. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, any plans, specifications or studies prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. 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-term compatibility, DUBUQUE OFFICE origindesign.com 4155 Pennsylvania Avenue Cubuque, Iowa 52002 800 556-4491 Jule Bus Barn Rooftop Unit Removal September 30, 2021 Page 5of6 origin design` 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. The delivery of electronic information to Contractors is for the benefit of the Owner for whom the design services have been performed. Nothing in the transfer should be construed to provide any right of the Contractor to rely on the information provided or that the use of the electronic information implies the review and approval by the Design Professional of the information. Electronic information 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 information 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 information requested, and the format, 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 format of the information requested. The Design Professional will make a reasonable effort to determine whether or not the information 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, PCBs, 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 terminate this Agreement with seven days (7) prior written notice to the Consultant for convenience or cause. The Consultant may terminate 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 terminate. Failure of the Client to make payments when due shall be cause for suspension of services or ultimately termination, unless and until the Consultant has been paid in all full amounts due for services, expenses, and other related charges. DUBUQUE OFFICE origindesign.com 4155 Pennsylvania Avenue Cubuque, Iowa 52002 800 556-4491 Jule Bus Barn Rooftop Unit Removal September 30, 2021 Page 6of6 origin,design This Agreement supersedes all terms 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 terms and conditions are void and are not a part of our agreement. DUBUQUE OFFICE 4155 Pennsylvania Avenue Cubuque, Iowa 52002 origindesign 800 556-4491