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Heritage Trail Ext Engrg C AmenMEMORANDUM December 26, 2002 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Amendment to Engineering Contract for Heritage Trail Extension Planning Services Manager Laura Carstens is recommending City Council approval to amend the engineering contract with Veenstra & Kimm for the Heritage Trail Extension project from 22nd Street to the Mines of Spain. The proposed amendment would add the connection from the Dubuque Jaycees Trail at the northeast corner of Kerper Boulevard and 16th Street across the Peosta Channel to the Heron Pond Wetlands Nature Trail in Miller-Riverview Park. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager MEMORANDUM December 20, 2002 To:Michael Van Milligen, City Manager From:Laura Carstens, Planning Services Manager Subject:Amendment of Engineering Contract for Heritage Trail Extension INTRODUCTION The purpose of this memo is to request City Council approval to amend the engineering contract with Veenstra & Kimm for the Heritage Trail Extension project from 22nd Street to the Mines of Spain. The proposed amendment would add the connection from the Dubuque Jaycees Trail at the northeast corner of Kerper Blvd. and 16th Street across the Peosta Channel to the Heron Pond Wetlands Nature Trail in Miller-Riverview Park. DISCUSSION The City has retained Veenstra & Kimm for engineering services for the Heritage Trail Extension project from 22nd Street to the Mines of Spain. This project is funded with a $322,760 federal grant and an $182,000 state grant. In addition to 10 miles of on-street signed routes, this project includes several off-road sections: (1) the powerline trail between Grandview Avenue and Julien Dubuque Drive, (2) paved shoulders along Julien Dubuque Drive from the powerline trail to the Riprow Valley Rec Area, and (3) the overlook trail from Sycamore Street to Kerper Blvd. along the 16th Street detention basin via the Audubon Wildlife Overlook. This project included an on-street signed route from the Dubuque Jaycees Trail to the Heron Pond Wetlands Nature Trail across the Peosta Channel on the 16th Street bridge. There is the high volume of vehicle traffic on the bridge. Bike/pedestrian access is limited to a sidewalk on the south side of the bridge. To address our concerns with bicyclist and pedestrian safety, Veenstra & Kimm developed a preliminary design for an off-road trail connection at the 16th Street bridge. The City was successful in obtaining a second federal grant of $233,000 to build this off- road connection based on this preliminary design work. Contract Amendment Page 2 of 2 RECOMMENDATION We are recommending the amendment of Veenstra & Kimm's current contract for engineering services for the Heritage Trail Extension project, to add the connection from the Dubuque Jaycees Trail to the Heron Pond Wetlands Nature Trail at a cost of $25,154 for these reasons: > Veenstra & Kimm's current contract for the Heritage Trail Extension project from 22nd Street to the Mines of Spain is under budget. >Veenstra & Kimm's proposed contract amendment for engineering services to build the off-road connection between the Dubuque Jaycees Trail and the Heron Pond Wetlands Nature Trail is reasonable and within the budget for this project. >Veenstra & Kimm has completed the preliminary design work for this project. It is most cost effective for the City to retain the same firm for the engineering services to prepare final designs and construction documents. >The Iowa Department of Transportation will allow the City to amend the current engineering contract for the trail project, rather than soliciting proposals for engineering services. REQUEST The request is for the City Council to approve Veenstra & Kimm's proposed contract amendment to add engineering services for extension of the Heritage Trail between the Dubuque Jaycees Trail and the Heron Pond Wetlands Nature Trail, If approved by the City Council, we will request concurrence from the Iowa Department of Transportation, which is the granting agency for the two federal grants. CC Mike Koch, Public Works Director Mike Felderman, Civil Engineer Prepared by: Laura Carstens. City P~anner Address: 50 W. 13th Street. Dubuaue Telephone: 589-4210 RESOLUTION NO. 6-03 RESOLUTION APPROVING AMENDMENT OF ENGINEERING CONTRACT FOR HERITAGE TRAIl_ EXTENSION PROJECT Whereas, the City of Dubuque has a contract with Veenstra & Kimm for engineering services for the Heritage Trail Extension from 22nd Street to the Mines of Spain; and Whereas, Veenstra & Kimm has completed the preliminary design for the Heritage Trail Extension from the Dubuque Jaycees Trail to the Heron Pond Wetlands Nature Trail; and Whereas, the City of Dubuque has determined that retaining Veenstra & Kimm to complete the final design and construction documents for the Hedtage Trail Extension from the Dubuque Jaycees Trail to the Heron Pond Wetlands Nature Trail is in the best interest of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the contract with Veenstra & Kimm for engineering services for the Heritage Trail Extension from 22"d Street to the Mines of Spain is hereby amended to add engineering services to complete the final design and construction documents for the Heritage Trail Extension from the Dubuque Jaycees Trail to the Heron Pond Wetlands Nature Trail at a cost of $25,154. Passed, approved and adopted this 6 th day of ,]anuary ,2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk lesreten~vp/cou ncilN& K amendment res.doc AGREEMENT FOR PROFESSIONAL SERVICES HERITAGE TRAIL PROJECTi 22"'~ STREET TO MINES OF SPAIN STP-ES-2100(617)--81-31 AMENDMENT 1-- HERITAGE TRAIL PROJECT: DUBUQUE JAYCEES TRAIL TO HERON POND WETLANDS NATURE TRAIL DUBUQUE, IOWA This amendment agreement made and entered into this day of ,2003, by and between the City of Dubuque, Iowa, hereinafter referred to as the "Qwner" and Veenstra & Kimm, Inc. hereinafter referred to as the "Consultant". WITNESSETH: Whereas, the Owner had decided to build the Heritage Trail Project: Dubuque Jaycees Trail to Heron Pond Wetlands Nature Trail; and Whereas, it has been agreed that the Owner shall proceed to the preparation of final design plans, specifications and estimates for the Heritage Trail Project: Dubuque Jaycaes Trail to Heron Pond Wetlands Nature Trail subject to the concurrence and approval of the Iowa Department of Transportation, and the Owner; and Whereas, the Owner desires to employ the Consultant to provide Professional Services in connection with the design and preparation of plans, specifications and estimates for said Project; and Whereas, the Consultant is willing to perform such Professional Services in accordance with the terms of this agreement and represents that it is in compliance with iowa statutes relating to the registration of Professional Staff; and Whereas, in accordance with Iowa Law (Chapter 384, Code of Iowa 1999), the Owner is authorized to enter into such agreement; NOW, THEREFORE: The parties, for the consideration specified below, mutually agree to amend Section XIX of the original agreement dated November 9, 2000 as follows: XIX. FEES AND PAYMENTS For full and complete compensation for all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees in the amounts of the Consultant's actual costs plus applicable fixed fee amounts. Consultant's actual cost shall include payments to any subconsultants. The estimated costs and fixed fee are shown below and are based on the work Page 1 Attachment The nature of professional services is such that actual costs are not complete determinate. Therefore, it is possible that the Consultant's actual costs may exceed those shown below and shown in Attachment D. A contingency amount has been established to provide for actual costs which exceed those estimated. Estimated Actual Costs $108,903.06 Fixed Fee 5,331.65 Contingency 5,200.00 Subconsultant 9,720.00 Amount Payable $1291154.71 If at any time during the work the Consultant determines that its actual costs will exceed the estimated actual costs, thus necessitating the use of the contingency amount, it will promptly notify the Owner in writing and describe what costs are causing the overrun and the reason. The Consultant shall not exceed the estimated actual costs without the prior written approval of the Owner. The State may audit the Consultant's cost records prior to authorizing the use of the contingency amount. The Consultant shall require any subconsultants to notify him if at any time they determine that their costs will exceed their estimated actual costs without prior written approval of the Owner. The Consultant shall establish a procedure for comparing the actual costs incurred during the performance of the work to the estimated actual costs listed above. The purpose is to monitor these two elements and thus provide for early identification of any potential for the actual costs exceeding the estimated actual costs. The prime Consultant is cautioned that cost overruns associated with any subconsultant's contract are not available for use by the prime contractor unless formal approval has been given. If the Consultant, or his subconsultant(s), exceeds the estimated actual costs for any reason (other than that covered in paragraph D) before the Owner is notified in writing, the Owner will have the right, at its discretion to deny the use of the contingency amount. The fixed fee amounts will not be changed unless there is a substantial change in scope, character, or complexity of the services from those covered by this Page 2 Agreement or the time schedule is changed by the Owner. Any change in the fixed fee amount will be made by supplemental agreement. The maximum amount payable under this contract is $.129,154.71 which is the sum of the above amounts. The maximum amount payable can be increased by Supplemental Agreement if the Consultant establishes and the Owner agrees that the original estimates of anticipated manhours were inaccurate or that there is a justifiable change in the salary rates, payroll additives, overhead rates, or other supported costs from what was estimated. If at any time it is determined that a maximum amount payable has been or will be exceeded, the Consultant will notify the Owner in writing. The maximum amount payable will be increased by a Supplemental Agreement or this Agreement will be terminated, with the Owner having the right, at its discretion, to terminate this contract without payment of the amount exceeding the maximum amount payable. The Consultant shall submit proposed contracts with subconsultants to the Owner to review and approve prior to their execution. D. Reimbursable Costs Reimbursable costs are the actual costs incurred by the Consultant which are attributable to the specific work covered by this Agreement and allowable under the provision of Title 48, Subchapter E, Parts 31.105 and 31.2 of the current Federal Acquisition Regulations. These include the following: Salaries of the employees for time chargeable to work covered by the Agreement, and salaries of principles for the time they are productively engaged in work necessary to fulfill the terms of the agreement. Payments. Monthly payments shall be made based on the percentage of work completed and substantiated by monthly progress reports. The report shall indicate the hours and reimbursable expenses associated with the work completed during the month. The retention amount shall not exceed 5% of the maximum amount payable. The portion of the lump sum fee to be paid will be in the proportion of the actual work completed documented on the monthly progress reports. Upon completion, delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit only one final and complete invoice statement of costs incurred and/or amounts earned. At such time payment of 100% of the lump sum fee and reimbursable expenses shall be paid. The Consultant agrees to reimburse the Owner for possible overpayment determined by audit. Page 3 IN WITNESS WHEREOF, the parties' duly authorized officials have executed this Amendment 1 as of the dates indicated below. VEENSTRA & KIMM, INC. By Title Date By. CITY OF DUBUQUE, IOWA Title Date ATTEST By ATTEST B~ Date Date IOWA DEPARTMENT OF TRANSPORTATION Project Development Division Accepted for Authorization By: Date: District 6 Local Systems Engineer Page 4 ATTACHMENT A CERTIFICATION OF CONSULTANT I hereby certify that I am a partner and duly authorized representative of the firm of Consultant whose address is Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, Iowa 50266, and that neither I nor the above firm I herein represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bonafide employee working solely for me or the above Consultant) to solicit or secure this contract. (b) agree, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid, or agreed to pay, to any firm, organization or person (other than a bonafide employee working solely for me or the above Consultant) any fee. contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation. in connection with this contract involving participation of Federal-aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) Page 5 AT[ACHMENT B CERTIFICATION OF OWNER I hereby certify that I am the Owner and that the above consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, organization, any fee contribution, donation or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is be furnished to the Iowa Department of Transportation and to the Federal Highway Administration, in connection with this Agreement involving participation of federal-aid highway funds and is subject to applicable state and federal laws, both criminal and civil. (Date) (Signature Page 6 ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS Instructions for Certification By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However. Failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction The certification in this clause is a material representation of fact upon which reliance was laced when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. The prospective participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred." suspended," "ineligible, "lower tier covered transaction," "participant, "person," "primary covered transaction." pnncipal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules Implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal thai it will Page 7 include the clause title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Tower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but it not required to, checkthe Non- procurement list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10.Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment , declared ineligible, or voluntarily excluded from cover transactions by any federal department or agency; Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or ped:orming a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and Page 8 d. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal Owner or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ATTEST: State of Iowa Polk County I, H. R. Veenstra Jr., president of Veenstra & Kimm, Inc. being duly sworn (or under penalty or perjury under the laws of the United States, STATE of Iowa) do hereby certify that the above statements are true and correct. (Signature) Subscribed and sworr to the day of ,2003. Page 9 ATTACHMENT D ITEMIZED CONSTRUCTION COST ESTIMATE Design $ 69,069.50 Support IDOT Bidding $ 2,050.28 Construction Contract Administration $ 17,027.22 Construction Inspection $ 41,007.71 Total $129,154.71 Total Construction Estimate $915,070.00 Page 10