Loading...
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 Page 2 of 5 origin design` 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 Page 3 of 5 origin 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 origin design` 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