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Signed Contract_IIW for Roosevelt Street Water Tower Construction Inspection Copyrighted August 19, 2019 City of Dubuque Consent Items # 25. ITEM TITLE: Signed Contracts SUMMARY: Blackstone Environmental (2)forenvironmental support services and Chromium VI Data Review at the Water Treatment Plant; Dubuque County Lease Agreement for Federal Building space; Eastern IowaAsphalt Maintenance, I nc. for resurfacing/restriping 6 surface lots; Kone Elevator Maintenance Renewal Agreement; 563Design Amendment No. 3 for Multicultural Family Center; IIW Professional Services Inspection Contractfor Roosevelt Street Water Tower Project; James Orr Coating I nspection, LLC for Roosevelt St. Water Tower Technical Coating Inspection Services; Racom 800Mhz Radio Agreement. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Blackstone Environmental - Vapor Study Consulting Supporting Documentation Engineering Services Blackstone Environmental - Chromium 6 Data Review Supporting Documentation and Consulting Engineering Services Dubuque County LeaseAgreementfor Federal Supporting Documentation Building Space Eastern IowaAsphalt Maintenance, Inc. for Surface Supporting Documentation Lots. Kone Elevator Maintenance Renewal Agreement Supporting Documentation 563Design Amendment No. 3 for MFC Supporting Documentation I I W , P.0 Amendment No. 1 for Roosevelt Street Water Supporting Documentation Tower Project Engineering Services James Orr Coating I nspection, LLC for Roosevelt St. Supporting Documentation Water Tower Coating Inspection Services Racom 800Mhz Radio Agreement Supporting Documentation bupue DUB E ' I ��� !' Masteip(ece on Nie MississiVF'i zov.m�s T0: Michael G Van Milligen, Ciry Manager FROM�. DeniseBlakeleylhng, Wa[erDepartmen[Manager SUBJECT: WffierDis[nbu[ionSys[emPrassureZone2lmpmvements�. Roosevel[SYree[ 1 25 MG Elevffied WffierTower Pmjec[ Reques[forAppmvalofConstrucOonlnspec0on Con[racGs DATE: July29, 2019 PURPOSE The purpose of[his memorandum is ro reques[appmval and execufion of Amendmen[ No. 1 ro II W s Planning and Desigm m�[racL The amendmen[would add mns[mc0on inspec[ion services, along wi[h supplemenLl engineenng services ro II W for NACE mmplian[[echnicalcoa[ingsinspec0onfor[he Roosevel[SYree[Wa[erTowerProjec[, and [he associa[ed wa[er distribu0on sys[em impmvements. The Roosevel[SYree[Wa[er Tower pmjec[was iden[ified as a solu0on ro low opera0ng wa[er pressures in Zone 2 of[he dis[nbu[ion sys[em. I I W, P C. assis[ed Ne Qry wi[h mmple0on of Ne preliminary and final engineenng design documen6 for Ne Wffier Dis[nbu[ion Sys[em Pressure Zone 2lmpmvemen6�. Roosevel[Stree[ 1 25 MG Eleva[ed Wa[erTowerProjec[. BACKGROUND The Ciry of Dubuque is responsible for pmviding high qualiry, reliable wa[ersupply mee[ing [he requiremen6 esGblished by sG[e and federal govemmen[agencies. The Ciry of Dubuque [rea6 and dis[nbu[es an average of ]2 million gallons per day ro over 23,500 ms[omers Nmugh more [han 320 miles of wa[er main piping. During an evalua[ion of Ne Qry's distribu0on sys[em in 1992 by Clapsaddle-Garber Associa[es of Ames, lowa, several issues were iden[ified in pressure Zone 2 as needing attenfion including low pressure and flows. In addi[ion m working wiN Gapsaddle— Garber Associa[es, [he Clry was also assis[ed by Strand Associa[es, Inc. of Madison, Wismnsin and IIW, P C. of Dubuque, lowa and has progressed roward finding efficien[and emnomic solu0ons[o manage [he low- pressure issues e;�erienced in Zone 2, along wi[h a need ro pmvide improved Aows dunng fire flow mndifions. Over a twenty-year period, the area has experienced residential development growth, and during this time, IIW has performed several distribution system analyses to assist the City with direction on how to better serve new development and existing property owners. In all reports, the solution presented to addressing low pressure, fire suppression, preparation for growth, and enhancing storage in adjacent pressure zones, is the installation of an elevated water tower. DISCUSSION Planning, Design, Approvals, and Awards In July 2017, with support from the City Manager and Council, the City advanced the option to obtain a planning and design loan from the State of lowa Revolving Fund (SRF) program in the amount of$475,000. In November 2017, the City solicited for engineering proposals to complete engineering planning and design of the Roosevelt Street Tower Project along with completion of all necessary documents including the preliminary engineering report, intended use plan application, archeological and environmental assessment, and the self-assessment lowa Water System Viability documents. The level of engineering effort was in support of obtaining the necessary funding for construction of the Roosevelt Street Water Tower project. The request for proposal was separated into two phases. Phase one included the development of the lowa SRF Preliminary Engineering Report (PER), Intended Use Plan (IUP), Archeological/ Environmental Assessment (Arch/EA) and Self-Assessment lowa Water System Viability, and Phase two, included Final Design, Specifications, Bid and Award meeting lowa SRF Requirements. Unlike previous studies, the request included the development of a hydraulic model of the focus area, Zone 2 to finalize, support, or recommend possible cost-saving alternatives to solving the pressure and flow issues. The City received nine engineering proposals on November 20, 2017. Each proposal was reviewed and scored by an approved committee. Proposals were submitted by: Bolton & Menk of Cedar Rapids, lowa; Fehr— Graham of Manchester, lowa; the team of HDRM/HKS of Des Moines lowa and East Dubuque, Illinois; HR Green of Cedar Rapids, lowa; IIW , P.C. of Dubuque, lowa; Snyder & Associates of Cedar Rapids, lowa; the team of Stanley Consultants/MSA of Muscatine, lowa and Dubuque, lowa; Strand Associates of Madison, Wisconsin, and Veenstra & Kimm of Dubuque, lowa. Following the interview process, the team from IIW, P.C. demonstrated their understanding of the project. The firm clearly reflected on the need to bring together a team of both seasoned and fresh staff inember perspectives and embrace new possibilities that were not feasible in the earlier studies without a hydraulic system wide model. IIW, P.C. has worked extensively with the City of Dubuque's Water Department on several projects including the 2017 Westside Water System Improvements project 2 which was completed on schedule with minimal change orders, ensuring the City's compliance with the lowa Department of Natural Resources completion schedule. They also assisted the City with the following: The planning and design was completed by IIW and in June 2018, a preliminary engineering report (PER) was submitted to the lowa DNR for review and received approval of a 1 .25MG elevated storage tower, pressure reducing stations, water main improvements, and water treatment plant pump improvements. On January 17�h, 2019 the lowa DNR issued approval of the PER submitted in June 2018. The notice approved lowa SRF funding in support of a 1 .OMG elevated storage tower and not the recommended 1 .25MG elevated storage tower. However, the City's engineer IIW recommended per the original PER there are clear benefits to the tower being sized at 1 .25MG. On March 18, 2019 the City Council concurred through resolution to bid both a 1 .0 MG and a 1 .25MG elevated water tower on Roosevelt Street. Following the public bidding procedure and evaluation of the cost difference between a 1 .0 and 1 .25-million-gallon tower, the Council received and awarded two contracts on March 25, 2019, a description of the contracts is as follows: The City sought financial assistance from the lowa Department of Natural Resources' State Revolving Fund (lowa SRF) program. As part of the loan process, the project was subject to a federally required environmental review. The City received and approved on January 7th, 2019, following a public hearing, the Environmental Information Document (EID) summarizing the IDNR SRF environmental review. The lowa DNR issued a Finding of No Significant Impact (FNSI) on May 3, 2019, and following the thirty (30) day public comment period the lowa DNR concluded the environmental review complete on June 3, 2019. Proiect Costs The Revised 7/2019 cost estimate which includes actual bid values and proposed work is $5,216,892 and is detailed as follows. Design and Engineering - $475,000 Using the State of lowa Revolving Fund (SRF) program, the Roosevelt Street Water Tower project qualified for a Planning and Design Loan, which was secured in the amount of$475,000. Per the SRF program, Planning & Design Loans cover costs incurred in the planning and design phase of a water infrastructure project. The loan is zero (0) percent interest for up to three years and requires no initiation or servicing fees. Eligible costs include engineering fees, archaeological surveys, environmental or geological studies, and costs related to project plan preparation. 3 The loan will be rolled into the State Revolving Fund (SRF) construction loan. Construction - $3,915,220 (Bid Values) The project includes the installation of a 1 .25-million-gallon composite style water tower, associated water main improvements, pressure reducing stations, pump replacements, abandonment of Stafford Street pump station and the demolition of Eagle Point Park water tower. Description Contractor Estimated Cost 1 .25 MG Elevated Storage Tower CB&I (dba $2,928,600 (Composite) including Tower Site McDermott) of Improvements Plainfield, Illinois Distribution System Improvements Portzen $986,620 including Residential PRV installation and Construction of Water Supply (Water Treatment Plant) Dubuque, lowa Improvements (Pumps 6 and 7) Total Award $3,915,220 Legal Expenses, Land and Easements, Construction Inspection, Contingencies, and Loan Initiation Fee - $826,672 The legal expenses are estimated to be $25,000. Land and easements values were not determined at the time of the PER; however, a value was included in the SRF Intended Use Plan Application of$4,000. This value was based on the preliminary design. In 2019, the revised easement expense is estimated to be $17,000, plus the cost of onsite improvements estimated to be $25,432. These easements are currently in the process of being secured and at this time are not part of the critical path for bidding. Work will be necessary in these easement areas no later than April 2020, allowing sufficient time to finalize the easements. Construction Inspection A 2017 cost estimate included $180,000 for construction inspection, this was increased to $281 ,500 to reflect the level of inspection needed and startup operational assistance. Water tower coatings if not correctly inspected at the factory and onsite can result in premature failure requiring increased frequency of replacement. To ensure the coatings are applied correctly are to be inspected by a National Association of Corrosion Engineers (NACE) certified inspector. The proposed construction inspection expenses include funding for two inspection contracts, one for work associated directly with the tower and its coating, the second with all other site work. In addition, the pressure 4 reducing stations will require onsite start-up and coordination with assistance from the design engineer. Due to the thorough public proposal selection procedure used for preliminary and final design, along with the success of IIW, P.C. on assisting the City with the Roosevelt Street Tower project, the attached quotes were obtained from IIW and their contracted NACE inspector to complete the construction engineering inspection for the Roosevelt Street Tower project. The two proposals were requested following lowa Code 26.4 Exemptions from competitive bids and quotations, which states engineering design services procured for a public improvement are not subject to lowa Code Sections 26.3 Competitive bids for public improvements contracts, and 26.14 Competitive quotations for pubic improvement contracts. Having consulted with both the City Attorney Crenna Brumwell and Senior legal counsel Barry Lindahl they concur with the procurement method. The proposal from IIW, P.C. is presented as an amendment to the planning and design loan with the same average cost per hour of$127.14, which is commensurate with other engineering firms. The review of hours to complete the 18-month construction period is approximately 1 ,771 , which is appropriate for the level of inspection required on the project. The amendment is in the amount of$225,200. IIW, P.C. is proposing professional service assistance from James Orr Coating Inspection LLC of Madison, Wisconsin. James Orr carries the required NACE certification to perform the tank coatings inspection to ensure the coatings are applied correctly. Senior Counsel Barry Lindahl has reviewed the contract. James Orr presents technical coatings inspection not to exceed $55,800. Mr. Orr's services will include: shop prime inspection where Mr. Orr will travel to the steel fabricator location to inspect the steel and primer application, be present on site when the steel is delivered, observe and ensure conformance of applied coatings with design standards, inspect and correct coating equipment and application techniques, and report all findings to the prime inspector, IIW, P.C. and the City. Finally, Mr. Orr will complete a final inspection prior to the end of the 2-Year Warranty period and report any findings and necessary tank coating corrections. Mr. Orr most recently completed the inspection of the Asbury Water Tower where he worked with MSA. The total cost for engineering construction inspection services is $281 ,000, and funding levels are sufficient to cover both contracts. Total project Contingency is estimated to be $454,370. The Loan Initiation Fee based on the total project costs as described above is $23,370. Other Project Costs Not Included Aesthetic lighting for the tower site would be an add-on expense to the project. The cost estimate is $115,000, and does not include engineering. These costs are not included in 5 the construction costs listed in the above table, and are not included in projects costs listed in this report. The lighting package for the tower can be designed and bid at a later date. Advanced geotechnical inspection of the deep foundation for the elevated tower will be necessary. At the time of estimating the onsite construction engineering costs it was unclear as to what foundation testing method would be required. The estimated cost of inspecting the foundation including testing and observation is between $15,000 to $20,000. A final determination will be forthcoming. 6 Funding Sources A summary of the expenses and the eligible funding sources are: . - � . � - � . � � - � . Legal Legal expenses associated with the SRF $25,000 SRF Loan Land and Land and Easements SRF $4,000 Easements Construction Contract A: 1 .25 MG Elevated SRF $2,628,600 Storage Tower (Composite) (1 .OMG SRF Eligible Portion.) per Bid amount Construction Contract B: Distribution System SRF $919,620 Improvements, and Water Supply (Water Treatment Plant) Improvements (Pumps 6 and 7) per Bid amount Engineering Onsite inspection: IIW, P.0 per SRF $180,000 Construction Amendment NO. 1 Design & Engineering Planning and Design SRF $475,000 Engineering Total Estimate SRF Eligible $4,243,000 Construction 1 .25 MG Elevated Storage Tower Local Funds $300,000 (Composite) (0.25MG additional capacity) per8id amount Construction Distribution System Improvements — Local Funds $67,000 Residential PRV installation per8id amount Engineering Onsite Inspection: IIW, P.C. per Local Funds $101 ,500 Construction Amendment NO. 1 and James Orr Coating Inspection LLC. Land and Land and Easements Local Funds $38,432 Easements Total Estimate Requiring Local Funds $506,932 Contingency Project contingency SRF Eligible $454,370 Loan Fee Loan Initiation Fee SRF Eligible $23,370 Rev. 7/2019 Est. Project Cost $5,216,892 7 The projects shown as using local funds are those not eligible for SRF funding as part of this project but have been identified as necessary for completion of the full scope of the project. The total construction inspection fees presented by IIW, P.C. and James Orr Coating Inspection LLC are $281 ,000. The available funds for construction inspection are $281 ,500. In summary, the Roosevelt Water Tower Project available funding is as follows: � - � . . � � � � � . � - � Water Fund Cash from project Local Funds $1 ,412,260 savin s IFA State Revolving Fund Loan SRF $4,400.000 Total Fundin Available $5,812,260 Working with Jennifer Larson, Finance and Budget Director, funding for the project has been reviewed and modified to reflect the changes noted above which includes the July 8, 2019 City Council authorized issuance of$4,400,000 Water Revenue Capital Loan Note (State Revolving Fund Loan, Series 2019 at 1 .75°k annual interest rate for 20 years, with an annual service fee of 0.25°k). The following projects were identified in 2017 to have bond proceeds from previously issued debt that will be used to fund a portion of the Roosevelt Street Water Tower project: Pro�ect Amount Main Extension Annexation $421 ,700 Roosevelt Road Main Extension $546,600 Generator Savin s $100,000 Manson Road Water Main $154,900 Online Process Anal zer savin s $7,760 SRF Green Alle savin s $33,600 Timber Rid e Water Main savin s $147,700 Total $1,412,260 Ms. Larson worked with the City's financial advisor on cash flows during the Fiscal Year 2020 budget process and again to update the cash flows for the expenses determined ineligible to be reimbursed by the State Revolving Loan Fund and the increased costs. The projected rate increases included in the FY 2020 budget recommendation are as follows: 8 FY19: No change (3°k rate increase) FY20: 5.00°k FY21 : 4.25°k FY22: 3.00°k FY23: 3.00°k FY24: 3.00°k The State Revolving Loan program along with Water Department cost savings are available to fund the Roosevelt Street tower project. REQUESTED ACTION I respectfully request execution of the attached construction inspection professional service contracts for the Water Distribution System Pressure Zone 2 Improvements: Roosevelt Street 1 .25 MG Elevated Water Tower Project to IIW, P.0 of Dubuque, lowa in the amount of$225,200 and to James Orr Coating Inspection LLC of Madison, Wisconsin in the amount of$55,800, totaling $281 ,000 which is 0.2°k less than budgeted. The signed contracts will be recorded at the next City Council Meeting cc: Jenny Larson, Finance and Budget Director Kerry Leppert, Water Engineering Assistant 9 IIW, P. C. www.iiwengr.com AMENDMENT N0. 1 TO THE ARCHITECTURE CIVIL ENGINEERING AGREEMENT FOR ENGINEERING SERVICES CONSTRUCTION SERVICES BETWEEN THE ENVIRONMENTAL ENGINEERING LAND SURVEYING CITY OF DUBUQUE� IOWA MUNICIPAL ENGINEERING AND STRUCTURAL ENGINEERING IIW� P,C. TRANSPORTATION ENGINEERING FOR WATER SYSTEM IMPROVEMENTS Dennis F.Waugh, PE/SE'" Charles A.Cate, PE*" ROOSEVELT STREET WATER TOWER PROJECT 2018 Gary D.Sejkora, PE •* CIP 740-7672 Michael A.Jansen, PE/SE Timothy J.Tranel,PE* (IIW PROJECT N0. 17127) dulie P.Neebel, PE James P.Kaune, PE Thomas J.Oster, PLS'* THIS AMENDMENT N0. 1 to th,�Agreement for Engineering Services dated May 21, 2018 is Wray A.Childers, P�s•; made this��day of_ ftV GtC�S� , 2019, by and behveen the City Geoffry T. Blandin, PE Mark C.Jobgen, PE"* of Dubuque, lowa, hereinafter referred to as the"Owner", and IIW, P.C., a professional Lauren N.Ray, Pe�se corporation in Dubuque, lowa, hereinafter referred to as the°Engineer", cody T.nustin, PE= Marc D. Ruden, PE WHEREAS, the Owner intends to complete a City-wide hytlraulic water analysis to analyze n�tark R.Fassbinder,AiA• the existing water distribution system and analyze and make recommendations to resolve low Michael A. Ruden, NCARB/AIA* water pressure and flows in Pressure Zone 2 through a proposed new water tower. The Owner Eric J.Helminiak, PE/SE� tlesires to utilize lowa State Revolving Loan Funds(SRF)for the construction of the proposed �effrey J. Brandt, PLS Craig L.Geiser, PLS new water tower, demolition of the existing Eagle Point Water Tower and Stafford Pumping David A. Leapaldt,AIA,CID° Station, and pump modifications to the existing Pressure Zone 2 pumps located at the Eagle Nathan W. Miller, PE Point Water Treatment Plant. Included in the construction of the new water tower is the Damian D. Baumhover, NCARB/AIA installation of approximately 10 pressure control stations to be instailed between Pressure Zone Nicholas A. Schneider, PE 1 and Pressure Zone 2.The project also includes the installation of approximately 800 LF of 12- cnristian�. Hendrie,AIA inch water main. Eidon M.s�nne�der, PE Whitney A. Lougheed,AIA` WHEREAS, the Owner desires to en a e the En ineer to rovide en ineerin and surve in Patrick R.Ready, PE 9 g 9 P 9 9 Y 9 Nicholas M. Rettenberger,AIA services required for project design inclutling preparation of tlrawings, specifications and Christopher A. Becklin,PE bidding and contract documents, and assist the City through award of the projects. courtney E.wand, PE Jonathan H. Lutz, PE WHEREAS, under this Amendment No. 1 the Owner desires to engage the Engineer to John M.Tranmer, PLS provide professional services required for project Construction Administration and Construction Andrew C.Busch,NCARBIAIA Observation through project completion. eryson E.winsky, Pe Jeri M.Vondera, PE Noah J. Hofrichter, PE WHEREAS, the accomplishment of the hereinafter described work and services is authorizetl Andrew J.Goedken, PE by execution of this Amendment No. 1 to the Agreement for Construction Administration and Emiiy M.Crowe, PE Construction Observation Services between the Owner and the Engineer. 'LEED AP NOW THEREFORE IT IS AGREED AS FOLLOWS: *'Retired � � > 4155 Pennsylvania Avenue, Dubuque, IA 52002-2628 � [P] 563.5562464/800.556.4491 ♦ [F� 563.5567811 " � � / PART I—SCOPE OF SERVICES SECTION A: HYDRAULIC MODELING Hydraulic Modeling Services set forth in the May 21, 2018 agreement shall be unchanged by this amendment. SECTION B: DWSRF APPLICATION INCLUDING: ENVIRONMENTAL REVIEW INFORMATION SUBMISSION, PRELIMINARY ENGINEERING REPORT, AND IUP APPLICATION DWSRF Application Including: Environmental Review Information Submission, Preliminary Engineering Report, and IUP Application set forth in the May 21, 2018 agreement shall be unchanged by this amendment. SECTION C: PRELIMINARY DESIGN SERVICES Preliminary Design Services set forth in the May 21, 2018 agreement shall be unchanged by this amendment. SECTION D: FINAL DESIGN SERVICES Final Design Services set forth in the May 21, 2018 agreement shall be unchangetl by this amendment. SECTION E: BIDDING AND CONTRACT AWARD SERVICES: Bidding and Contract Award Services set forth in the May 21, 2018 agreement shall be unchangetl by this amentlment. SECTION F: EXTRA SERVICES: Extra Services set forth in the May 21, 2018 agreement shall be unchanged by this amendment with the exception of Item 12 which revises the Construction Basic Seroices antl Construction Observation services to be performed as follows:. SECTION F2: EXTRA SERVICES: The Engineer agrees to perform the following Extra Services associatetl with the Construction Basic and Construction Observation services for the proposed Water System Improvements 2019 Contract A Roosevelt Street Water Tower and Water Distribution Improvements& Contract B Eagle Point Plant and Water Distribution Improvements projects. The City plans to contract with a consultant for observation of the construction, welding and painting of the steel proposed water tower tank. IIW will provide coordination with the City's observation consultant along with providing construction submittal review of the proposed steel tank for structural design considerations. The City of Dubuque will also contract with the geotechnical consultant for the inspection of the deep foundation for the water tower construction; IIW recommends that Braun Intertec, the geotechnical consultant that performed the on-site geotechnical exploration antl analysis for design, provide these services. F2.A CONSTRUCTION BASIC SERVICES: CONSTRUCTION MEETING MINUTES, SUBMITTALS, CONTRACT DOCUMENTATION, PAYMENT REQUESTS, PROJECT CERTIFICATION,AND CONSTRUCTION DRAWINGS When the project is ready for construction the Engineer shall: F2.A.1 Conduct preconstruction meeting with Owner and Contractors. Compose and distribute minutes to attendees. One meeting for each contract. Page 2 F2.A.2 Consult with and advise the Owner and act as its representative as provitled for in the construction contract general,supplemental and special conditions, as required. The extent and limitations of the duties, responsibilities and authority of the Engineer as assigned in the construction contract conditions shall not be modifed without the Engineers written consent; all of the Owner s instructions to the Contractor(s)shall be issued through the Engineer who shall have authority to act on behalf of the Owner to the extent providetl in the construction contract conditions except as othenvise provided in writing. F2.A.3 Review submittals, certifcations, brochures, catalog data, antl samples,the results of tests and inspections and other data which the Contractor is requiretl to submit, but only for conformance with the design concept of the Project antl compliance with the information given in the Contract Documents. F2.A.4 Issue all instructions of the Owner to the Contractor(s) and prepare routine change orders as required. The Engineer may, as the Owner's representative, require special inspection or testing of the work and shall act as initial interpreter of the terms and conditions of the Contract Documents and judge of the performance thereunder by the parties thereto and shall render opinions on all claims of the Owner and the Contractor(s) relating to the execution antl progress of the work and all other matters and questions relatetl thereto. F2.A.5 Based on on-site observations by the inspector,the Engineer will review of the Contractor's applications for payment and supporting documentation. The Engineer shall determine the amount owetl to the Contractor and approve, in writing, payment to the Contractor in such amounts; such approvals of payments shall constitute a representation to the Owner based on such observations and review, that the work has progressed to the point indicated and that the quality of work is in accordance with the Contract Documents; subject to an evaluation of the work as a functioning project upon substantial completion,to the results of any subsequent tests called for in the Contract Documents,to minor deviations from the contract documents correctable prior to completion and to any qualifications stated in his approval. By approving an application for payment, the Engineer shall not be deemed to have represented that he has made any examination to determine how or for what purposes any contractor has used the moneys paid on account of the Contract Price. F2.A.6 Conduct an inspection to determine if the project is substantially complete and a final inspection to determine if the project has been completed in accordance with the Contract Documents antl if each Contractor has fulfilled all of his obligations thereunder so that the Engineer may approve, in writing, final payment to each Contractor. F2.A.7 The Engineer will not be responsible for the acts or omissions of any contractor, any subcontractor, or any of the Contractor's or subcontractor's agents or employees or any other person performing any of the work under the construction contract. F2.A.8 Attend meetings or conferences with the Owner at the Engineer's office, the project site or the office of the Owner as requiretl by the project or as desired by the Owner or Engineer. F2.A.9 Prepare for the Owner one set of reproducible construction record drawings for the buried pipe portion of the project, showing those signifcant changes made tluring the construction process based on observations, construction notes, inspection reports and other date furnished to the Engineer by the Contractor or the Resident Project Representative. F2.A.10 Provide interpretation of the drawings and specifcations. F2.B CONSTRUCTION OBSERVATION SERVICES: CONSTRUCTION OBSERVATION REPORTS AND MATERIAL TESTING REPORTS In accordance with construction progress, the Engineer shall provide a qualifietl Resident Project Representative(RPR), with assistants antl other feltl staff, to observe performance of the work of the Contractor. Page 3 F2.8.1 Provide construction staking for use by the Contractor. The staking shall consist of the placement of stakes, as determined necessary by the Engineer, to indicate the horizontal and vertical locations of water distribution improvements including structures, storm sewer improvements, proposed earthwork, proposetl tower location, sanitary sewer service locations and pavement locations antl gratles on the proposed water tower site. Specifc detailetl construction layout staking for the water tower tleep foundation method to be utilized by the contractor is excluded from this scope of services. F2.B.2 The RPR shall be an employee of the Engineer and may be the project engineer. The RPR would make periotlic visits to the site as deemed necessary, as part of resident services during construction. F2.B.3 The RPR shall make on-site observations of the progress and quality of the various aspects of the work of the Contractor and field checks of materials antl equipment. The purpose of the on-site observations shall be to endeavor to determine, in general, if such work is proceeding in accordance with the contract tlocuments, to endeavor to provide further protection for the Owner against tlefects and defciencies and to determine if the integrity of the design concept as reflected in the contract documents has been implemented and preserved by the Contractor(s). However, the Engineer/RPR shall not, during such visits or as a result of such observations of the work of the Contractor(s), supervise,direct or have control over such work nor shall the Engineer/RPR have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s), for safety precautions and programs incident to the work of the Contractor(s)or for failure of the Contractor(s)to comply with laws, rules, regulations, ordinances, codes, or orders applicable to Contractor(s)furnishing and performing work. Accordingly, Engineer can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for the Contractor's failure to furnish and perform the work in accordance with the contract documents. F2.B.4 Based on the on-site observations, the RPR shall endeavor to periodically inform the Owner's representative of the progress of the work. F2.8.5 During on-site observations and as part thereof, the RPR shall disapprove of or reject Contractor's work while it is in progress if RPR believes that such work will not produce a completetl project that conforms generally to the contract documents or that will prejudice the integrity of the design concept of the project as reflected in the contract documents. F2.B.6 The RPR is Engineer's agent at the site and will act as directetl by and under the supervision of the Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall,in general, be with the Engineer and Contractor keeping the Owner ativised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowletlge and approval of the Contractor. RPR shall generally communicate with the Owner with the knowledge of antl under the direction of the Engineer. F2.B.7 The duties and responsibilities of the Resident Project Representative as applicable to this project shall be as follows: a. Determine Contractor's progress relative to his schedule and the required completion date. Keep the Engineer advised of the project status. b. Determine quantities of work completed, and inventory amount of materials stored on site for the purposes of periotlic payments. c. Attentl meetings with Contractor, such as preconstruction conference, and job site conferences. Maintain a recortl of job-site meetings attended. d. Serve as Engineer's liaison with the Contractor,working principally through contractor's superintentlent and assist in understanding the intent of the contract documents. Assist the Engineer in serving as the Owner's liaison with the Contractor when the Contractor's operation affects the Owner's on-site operations. Page 4 e. Assist in obtaining atlditional details and information from the Owner at the job site for proper execution of the work, when required. f. Examine submittals reviewetl by Engineer. Receive samples that are furnished at the site by Contractor and notify Engineer of availability of samples for examination. Advise Engineer and Contractor of commencement of any work requiring a submittal or sample if the submittal has not been reviewetl by the Engineer. g. Conduct periodic on-site observations of the work in progress to assist Engineer in determining if the work is in general proceetling in accordance with the contract tlocuments. Report to the Engineer whenever the Resident Project Representative believes that any work is unsatisfactory,faulty, defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections,test or approval required to be made; and advise the Engineer when he believes the work should be correctetl or rejected or should be uncoveretl for observation or requires special testing inspection or approval. Verify that tests are conducted as required by the contract documents and in the presence of the required personnel and the Contractor maintains adequate records thereof; and observe, recortl and report to the Engineer appropriate tletails relative to the test procedures. h. Report to Engineer when clarifcations and interpretations of the contract documents are needed antl transmit to Contractor clarifications and interpretations as issued by Engineer. i. Consider and evaluate Contractor's suggestions for modifications in drawings or specifications antl report with RPR's recommendations to Engineer. Transmit to Contractor decisions as issued by Engineer. j. Review correspondence, reports of job conferences, submittals and samples, reproductions of original contract tlocuments including all work directive changes, addenda, change ortlers, field orders, additional drawings issued subsequent to the execution of the contract, Engineer's clarifications and interpretations of the contract documents, progress reports and other project relatetl tlocuments. k. Maintain a diary or log book of periodic visits, recortling RPR hours related to job, weather conditions, data relative to questions or work directive changes, change orders or changetl conditions, tlaily activities, decisions, observations in general, and specific procedures. Record names, adtlresses and telephone numbers of all Contractors, subcontractors and major suppliers of material. Furnish copies of diary/log book to Engineer and Owner if requested. I. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the work. Report immediately to Engineer and Owner upon the occurrence of any accident and record details of any accident in tliary/log book if observetl. m. During the course of the work, verify that certifcates, maintenance and operation manuals and other data required to be assembled and furnishetl by the Contractor are applicable to the items actually installed antl in accordance with the contract documents and have this material delivered to the Engineer for review antl forwarding to the Owner. n. Before the Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. Conduct fnal inspection in the company of Engineer, Owner and Contractor and prepare a f nal list of items to be completed or corrected. Observe that all items on final checklist have been completed or corrected and make recommendations to Engineer concerning acceptance. F2.8.8 The limitations of authority shall be such that the Resident Project Representative: a. Shall not authorize any tleviation from the contract documents or substitution of materials unless authorizetl by the Engineer(project engineer). b. Shall not exceetl limitations of Engineer's authority as set forth in the contract documents. c. Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's superintendent. Page 5 d. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the contract documents. e. Shall not ativise on, issue directions regarding or assume control over safety precautions and programs in connection with the work. f. Shall not authorize Owner to occupy the project in whole or in part. F2.B.9 Provide on-site density testing and/or material testing as required for the project as determined necessary by the Engineer. PART II—OWNER'S RESPONSIBILITIES The Owner's Responsibilities set forth in the May 21, 2018 agreement shall be unchanged by this amendment. PART III—COMPENSATION Compensation for Part I Sections A—F as intlicated in the original Agreement for Engineering Services dated May 21, 2018 shall be unchangetl by this amendment Compensation for Part I Section F2.A Construction Basic Services shall be a lump sum of Ninety-Two Thousand Two Hundred Dollars antl Zero Cents($92,200.00). Periodic invoicing shall coincitle with actual work completed. Compensation for Part I Section F2.B Construction Observation Services shall be based on the time required at our current hourly rates. The estimated fee for construction observation services is One Hundred Thirty-Three Thousand Dollars and Zero Cents ($133,000.00) basetl on full-time underground and part-time water tower and site construction inspection. Periodic invoicing shall coincide with actual work completed. PART IV—TERMS AND CONDITIONS The General Terms antl Conditions for Professional Services between IIW, P.C., herein referred to as the Consultant, and the Client identified as the City of Dubuque, lowa, as set forth in the May 21, 2018 agreement shall be unchanged by this amendment. Page 6 PART V—APPROVAL IN WITNESS WHEREOF, the parties hereto have made and executetl this Amendment No. 1 for Engineering Services in duplicate counterparts, each of which shall be considered as an original by their duly authorized officers as of the tlate below indicatetl: EXECUTED BY THE OWNER THIS �( DAY Of � C°L r 2019 CITY OF DUBUQUE, IOWA ��_ MICHAEL C. V N MILLIGEN CITY MANAGER EXECUTED BY THE ENGINEER THIS 6TH DAY OF JUNE, 2019. IIW, P.C. IM��� i ��Y.e`LfOJ'� OTHY J RA9 2 , P.E. VICE PRESIDENT& STRUCTURAL TEAM LEADER WITNESS: �� �'�__�—� MARC D. RUDEN, P.E. PROJECT MANAGER AMENDMENT N0. 1 TO THE AGREEMENT FOR ENGINEERING SERVICES FOR CITY OF DUBUQUE, IOWA WATER SYSTEM IMPROVEMENTS ROOSEVELT STREET WATER TOWER PROJECT 2018 P:11711271Project AdminlContract-AgreementslConstrudion Admin amendment#11Amendment No.1 to the Engineering AgreemeN-Dubuque Water System Imp.docx Page 7