Signed Contract_Origin Design Co. Amendment No. 1 for Flood Control Levee Repair ProjectCity of Dubuque
City Council Meeting
ITEM TITLE
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
August 2, 2021
Consent Items # 14.
Signed Contract(s)
2021 Docking Agreement with American Cruise Lines; Facility Use
Agreement with Boys' and Girls' Club of Greater Dubuque; Amendment
No. 1 to Professional Services Agreement with Origin Design Co. for the
South Port Flood Control Levee Repair Project; Fifth Amendment to
Facility Management Agreement with Platinum Hospitality Group, LLC.
Suggested Disposition: Receive and File
American Cruise Lines Docking Agreement
Boys and Girls Club Facility Use Agreement
Origin Design Co. Amendment No. 1
Platinum Hospitality Group, LLC Fifth Amendment
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
origin,
July 12, 2021
John Klostermann
Public Works Director
925 Kerper Ct.
Dubuque, IA 52001-2405
RE: Amendment 1 to Proposal for Professional Services
Flood Control Levee Repair Project
Project No.: 19209
Dear John:
Origin Design has prepared the following as the basis for Amendment No. 1 to the Professional
Services Agreement dated February 10, 2020.
Scope of Services
Part 1, Items A and B of the original Professional Services Agreement remains unchanged. The
following additional services to provide services during construction are added by this Amendment
and will be provided by or under the direct personal supervision of a Professional Engineer licensed to
practice in the State of Iowa.
Part 1, Items C and D are added as follows:
CONSTRUCTION BASIC SERVICES
When the project is ready for bidding and construction, the Engineer shall:
12. Prepare contracts between the Owner and Contractor.
13. Attend preconstruction meeting with the Owner and Contractor.
14. Consult with and advise the Owner and act as its representative as provided 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 modified without the
Engineer's written consent; all of the Owner's instructions to the Contractor shall be
issued through the Engineer who shall have authority to act on behalf of the Owner to
the extent provided in the construction contract conditions except as otherwise
provided in writing.
15. Review illustrations, brochures, catalog data, and samples, the results of tests and
inspections and other data which any Contractor is required to submit, but only for
conformance with the design concept of the project and compliance with the
information given in the Contract Documents. Specifically review the material testing
submittals to confirm the proposed embankment material meets the specified
properties.
16. Issue all instructions of the Owner to the Contractor 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 interpreter of the terms and
conditions of the Contract Documents and judge of the performance thereunder by
the parties thereto and shall make decisions on all claims of the Owner and the
DUBUQUE OFFICE
4155 Pennsylvania Avenue
Dubuque, Iowa 52002
origindesign—om
800 556-4491
City of Dubuque, Southport Levee
Amendment 1
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Contractor relating to the execution and progress of the work and all other matters
and questions related thereto.
17. Based on on -site observations and review of the Contractor's applications for
payment and supporting data, the Engineer shall determine the amount owed 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/her approval. By approving an application for payment,
the Engineer shall not be deemed to have represented that he/she has made any
examination to determine how or for what purposes any contractor has used the
moneys paid on account of the Contract Price.
18. Conduct a final inspection to determine if the project has been substantially
completed in accordance with the Contract Documents and if the Contractor has
fulfilled all his obligations thereunder so that the Engineer may approve, in writing, final
payment to the Contractor.
19. Provide interpretation of the drawings and specifications.
RESIDENT SERVICES AND STAKING DURING CONSTRUCTION
All work performed on -site by the Engineer during construction, except the
preconstruction conference and the final inspection by the Project Engineer shall be
considered resident services during construction. The on -site time is assumed to be
20 days. This shall include construction staking as required by the Contract
Documents, any periodic visits by the Project Engineer to the construction site and the
observation of construction by a qualified Resident Project Representative (RPR). The
RPR shall provide the following services as applicable.
1. Provide construction staking for use by the Contractor.
a. Provide a GPS equipment control
b. Surface after removal of topsoil.
c. Proposed "core levee" staking, including slope limits.
2. The RPR shall be an employee of the Engineer and may be a construction
specialist, design engineer or a technician. A design engineer or technician will
make periodic visits or perform regular on -site observation as deemed
necessary by the Engineer and approved by the Owner.
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
(compaction density checks) and 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 Documents, to endeavor to
provide further protection for the Owner against defects and deficiencies and
to determine if the integrity of the design concept as reflected in the Contract
Documents has been implemented and preserved by the Contractor.
However, the Engineer/RPR shall not, during such visits or as a result of such
observations of the work of the Contractor, 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, for safety precautions and programs incidental to
DUBUQUE OFFICE
4155 Pennsylvania Avenue
Cubuque, Iowa 52002
origindesign.com
800 556-4491
City of Dubuque, Southport Levee
Amendment 1
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design`
the work of the Contractor or for failure of the Contractor to comply with laws,
rules, regulations, ordinances, codes, or orders applicable to Contractor
furnishing and performing work. Accordingly, Engineer can neither guarantee
the performance of the construction contracts by Contractor nor assume
responsibility for the Contractor's failure to furnish and perform the work in
accordance with the Contract Documents.
4. Based on the on -site observations, the RPR shall endeavor to periodically
inform the Owner's representative of the progress of the work.
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 completed 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.
6. The RPR is the Engineer's agent at the site and will act as directed 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 advised as
necessary. RPR's dealings with subcontractors shall only be through or with
the full knowledge and approval of the Contractor. The RPR shall generally
communicate with the Owner with the knowledge of and under the direction
of the Engineer.
7. The duties and responsibilities of the RPR 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 determine amount of
materials stored on site for the purposes of periodic payments.
c. Attend meetings with Contractor, such as preconstruction conference,
progress meetings, job conferences and other project related
meetings. Maintain a record of job -site meetings.
d. Serve as Engineer's liaison with the Contractor, working principally
through Contractor's superintendent 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 operations
affect the Owner's on -site operations.
e. Assist in obtaining additional details and information from the Owner
at the job site for proper execution of the work, when required.
f. Examine submittals reviewed by Engineer. Receive samples which 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 reviewed by the Engineer.
g. Conduct on -site observations of the work in progress to assist
Engineer in determining if the work is in general proceeding in
accordance with the Contract Documents. 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 corrected or rejected or should be
uncovered for observation or requires special testing inspection or
approval. Verify that tests are conducted as required by the Contract
DUBUQUE OFFICE
4155 Pennsylvania Avenue
Cubuque, Iowa 52002
origindesign.com
800 556-4491
City of Dubuque, Southport Levee
Amendment 1
Page 4 of 5
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Documents and in the presence of the appropriate personnel and the
Contractor maintains adequate records thereof; and observe, record
and report to the Engineer appropriate details relative to the test
procedures. Accompany visiting inspectors representing public or
other agencies having jurisdiction over the project. Record the
outcome of these inspection and report to the Engineer.
h.
Report to Engineer when clarifications and interpretations of the
contract documents are needed and transmit to Contractor
clarifications and interpretations as issued by Engineer.
i.
Consider and evaluate Contractor's suggestions for modifications in
drawings or specifications and 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 Documents including all
work directive changes, addenda, change orders, 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 related documents.
k.
Keep a diary or log book, recording RPR hours related to job,
Contractor hours on the job site, weather conditions, data relative to
questions or work directive changes, change orders or changed
conditions, list of job site visitors, daily activities, decisions,
observations in general, and specific observation in more detail as in
the case of observing test procedures. Record names, addresses and
telephone numbers of all Contractors, subcontractors and major
suppliers of material. Furnish copies of diary/logbook to Engineer
and/or Owner as 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 diary/logbook.
m.
Before the Engineer issues a Project Completion letter, submit to
Contractor a list of observed items requiring completion or correction.
Conduct final inspection in the company of Engineer, Owner and
Contractor and prepare a final list of items to be completed or
corrected. Observe that all items on final check list have been
completed or corrected and make recommendations to Engineer
concerning acceptance.
8. The limitations of authority shall be such that the Resident Project
Representative:
a.
Shall not authorize any deviation from the Contract Documents or
substitution of materials or equipment unless authorized by the
Engineer (project engineer).
b.
Shall not exceed 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.
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 advise on, issue directions regarding or assume control over
safety precautions and programs in connection with the work.
DUBUQUE OFFICE
4155 Pennsylvania Avenue
Cubuque, Iowa 52002
origindesign
800 556-4491
City of Dubuque, Southport Levee
Amendment 1
Page 5 of 5
origin
design`
f. Shall not authorize Owner to occupy the project in whole or in part.
Compensation
Origin Design proposes to complete the Scope of Services as follows:
Section C, Basic Services During Construction, Items 12-19 shall be performed for a lump sum
fee of $5,500.00 (Five thousand five hundred dollars and zero cents)
Section D, Resident Services and Construction Staking, Items 1-8 shall be billed at standard
hourly rates for an estimated fee of $26,000.00 (Twenty-six thousand dollars and zero
cents).
General Terms and Conditions
The General Terms and Conditions of the original Professional Services Agreement dated February 10,
2020 shall be applicable to this Amendment. If the services and fees defined in this Amendment are
acceptable, please return one signed copy to our office. The second copy is for your records. If you
have any questions, or require further assistance, please feel free to contact me at
julie.neebel@origindesign.com or our office at 563 556-2464. Thank you for choosing Origin Design as
the provider of professional services for your project.
Sincerely,
Origin Design Co.
Julie Neebel, PE
Project Manager
,�f -��a
Geoffry Blandin, PE
Vice President/Treasurer &
Branch Office Manager
I hereby accept this Contract Amendment 1 Proposal and authorize this work.
FOR: City of Dubuque
v �r
Aut orized Signature
DUBUQUE OFFICE
4155 Pennsylvania Avenue
Dubuque, Iowa 52N2
07/13/2021
Date
origindesign.com
800 556-4491