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East-West Corridor Capacity Improvements Professional Consultant Services Contract - Supplemental Agreement No. 2 Preliminary Engineering Design and Environmental Clearance PhaseCity of Dubuque City Council Meeting Consent Items # 015. Copyrighted July 1, 2024 ITEM TITLE: East-West Corridor Capacity Improvements Professional Consultant Services Contract - Supplemental Agreement No.2 Preliminary Engineering Design and Environmental Clearance Phase Iowa DOT Project No. STBG-SWAP-2100 (698)--SG-31 SUMMARY: City Manager recommending City Council authorize the City Manager to execute the Consultant Professional Services - Supplemental Agreement No. 2 with HDR, Inc. which approves revisions to the original scope of services to perform supplemental Phase 1 architectural investigation survey to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of East- West Corridor Capacity Improvements, subject to the concurrence of the Iowa Department of Transportation, through adoption of the enclosed resolution. RESOLUTION Approving the Consultant Professional Services - Supplemental Agreement No. 2 Between HDR Inc. and the City of Dubuque for the East-West Corridor Capacity Improvements SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Agreement Supporting Documentation THE CITY OF Dubuque DUB TEE1. All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: East-West Corridor Capacity Improvements Professional Consultant Services Contract - Supplemental Agreement No.2 Preliminary Engineering Design and Environmental Clearance Phase Iowa DOT Project No. STBG-SWAP-2100 (698)--SG-31 DATE: June 25, 2024 Assistant City Engineer Robert Schiesl is recommending City Council authorize the City Manager to execute the Consultant Professional Services - Supplemental Agreement No. 2 with HDR, Inc. which approves revisions to the original scope of services to perform supplemental Phase 1 architectural investigation survey to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of East-West Corridor Capacity Improvements, subject to the concurrence of the Iowa Department of Transportation, through adoption of the enclosed resolution. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Robert Schiesl, Assistant City Engineer Gus Psihoyos, City Engineer Jenny Larson, Chief Financial Officer Nathan Steffen, Civil Engineer THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Robert Schiesl, Assistant City Engineer Dubuque All -America City 2007.2012.2013 2017*2019 SUBJECT: East-West Corridor Capacity Improvements Professional Consultant Services Contract - Supplemental Agreement No.2 Preliminary Engineering Design and Environmental Clearance Phase Iowa DOT Project No. STBG-SWAP-2100 (698)--SG-31 DATE: June 25, 2024 INTRODUCTION The enclosed resolution authorizes the City Manager to execute Supplemental Agreement No. 2 with HDR, Inc. which approves revisions to the original scope of services to the Consultant Professional Services Contract to complete supplemental Phase 1 architectural investigation survey due to the expanded study area to meet the NEPA Environmental Clearance requirements. BACKGROUND In December of 2021, the Mayor and City Council approved the selection of HDR, Inc. as the Consultant to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of East-West Corridor Capacity Improvements along University Avenue. In March of 2022, with the Infrastructure Investment and Jobs Act (IIJA) funding allocation to the State of Iowa, the Iowa DOT announced the increase in new federal funds required additional Primary Road Funds (PRF) to be used as the State's local match, which impacted the Iowa DOT's ability to provide SWAP funds for Local Public Agency (City) projects. In February 2023, all programs transitioned from SWAP to Federal -aid funds. Based on discussions with Iowa DOT staff, the current HDR Contract for the East-West Corridor Capacity Improvements is funded through a SWAP Funding Agreement (Agreement No. 6-19-STBG-SWAP-039) which was executed in December 2019, and Iowa DOT staff have agreed that the Preliminary Engineering Design and Environmental Clearance Phase can be completed and funded utilizing SWAP (100%) funding already committed. However, moving forward, the future final design phase, the property acquisition phase, and construction phase(s) will be required to utilize Federal - aid (80%/20%) funding. DISCUSSION Due to the funding shift to Federal -aid, and to ensure that future phases of the project will remain eligible to utilize federal funding, this required the environmental study phase to be elevated to a National Environmental Policy Act (NEPA) level clearance. The various Phase 1 and Phase 2 elements that are required for federal regulatory compliance are summarized as follows: Environmental Resource Phase 1 • Regulatory Agency Coordination • Threatened & Endangered Species • Regulated Materials • Water of the US • FAA Notice • Traffic Noise Study • Low -Income, Minority & Vulnerable Populations • Cultural Resources • Section 106 Historic Properties • Section 4(f) Evaluation SUPPLEMENTAL AGREEMENT NO. 2 Environmental Resource Phase 2 • Environmental Assessment with Individual Section 4(f) Evaluation & FHWA Regional • Office Review T&E Species • FONSI with Individual Section 4(f) Evaluation • FONSI Concurrence Based on Environmental Phase 1 work completed to -date to evaluate cultural resources and section 106 historic properties within the project corridor, the State Historical Preservation Office has directed the Phase 1 study area be expanded and supplemental architectural investigation survey be completed. Due to the expanded study area, the revised scope of services and the additional level of work to meet the NEPA level regulatory requirements, this results in an increase cost ($12,952) to the Tallgrass Archaeology sub -consultant contract. Based on discussions with HDR, savings were identified in the base contract, and HDR agreed to reduce their scope of work fee and reallocate those respective funds to Tallgrass Archaeology. As a result, the Consultant Professional Services - Supplemental Agreement No. 2 is a no -cost supplemental agreement and the Total Contract Maximum Amount Payable remains unchanged at $1,190,175. RECOMMENDATION I recommend that the City Council authorize the City Manager to execute the Consultant Professional Services - Supplemental Agreement No. 2 with HDR, Inc. which approves revisions to the original scope of services to perform supplemental Phase 1 architectural investigation survey to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of East-West Corridor Capacity Improvements, subject to the concurrence of the Iowa Department of Transportation. BUDGETIMPACT Through Supplemental Agreement No. 2, the professional services fee will remain unchanged, and is summarized as follows: Description Amount HDR - Consultant Professional Services Base Contract $ 1,040,618.00 Supplemental Agreement No. 1 - Scope of Services Revisions 149,556.00 Supplemental Agreement No. 2 - Scope of Services Revisions No Cost Change Total Contract Cost $ 1,190,175.00 The Consultant contract funding summary is as follows: Project Code Funding Source Amount 5521000001-301-64070 DMATS STBG SWAP Funds $ 1,190,175.00 Total Project Funding $ 1,190,175.00 ACTION TO BE TAKEN The City Council is requested to authorize the City Manager to execute the Consultant Professional Services - Supplemental Agreement No. 2 with HDR, Inc. which approves revisions to the original scope of services to perform supplemental Phase 1 architectural investigation survey to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of East-West Corridor Capacity Improvements, subject to the concurrence of the Iowa Department of Transportation, through adoption of the enclosed resolution. Prepared by Robert Schiesl, Assistant City Engineer cc: Gus Psihoyos, City Engineer Jenny Larson, Chief Financial Officer Nathan Steffen, Civil Engineer Dillon Feldmann, Iowa DOT Chris Malmberg, HDR F:\PROJECTS\EAST-WEST CORRIDOR CAPACITY IMPROVEMENTS\2021 Consultant PE NEPA RFP\Contract - HDR\Supplemental Agreement 2 Prepared by: Robert Schiesl, City of Dubuque Engineering, 50 W. 131" Street, Dubuque, IA 52001 (563)589-4270 Return to: Adreinne N. Breitfelder, City Clerk, 50W 1 V Street, Dubuque, IA 52001 (563)589-4100 RESOLUTION NO. 212-24 RESOLUTION APPROVING THE CONSULTANT PROFESSIONAL SERVICES - SUPPLEMENTAL AGREEMENT NO. 2 BETWEEN HDR INC. AND THE CITY OF DUBUQUE FOR THE EAST -WEST CORRIDOR CAPACITY IMPROVEMENTS WHEREAS, the City of Dubuque is proceeding with East-West Corridor Capacity Improvements; and WHEREAS, based on Environmental Phase 1 work completed to -date to evaluate cultural resources and section 106 historic properties within the project corridor, the State Historical Preservation Office has directed the Phase 1 study area be expanded; and WHEREAS, to comply with NEPA regulatory requirements, supplemental architectural investigation survey shall be completed within the expanded study area; and WHEREAS, the Consultant Professional Services - Supplemental Agreement No.1 authorizes HDR to perform supplemental Phase 1 architectural investigation survey to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of East-West Corridor Capacity Improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That said Consultant Professional Services - Supplemental Agreement No. 2 between HDR, Inc. and the City of Dubuque is hereby approved, subject to the concurrence of the Iowa Department of Transportation. SECTION 2. That the City Manager is authorized and directed to execute said Consultant Professional Services - Supplemental Agreement No. 2 with HDR, Inc. for the East-West Corridor Capacity Improvements. Passed, approved, and adopted this 1 st day of July 2024. yor Attest: j Adrienne N. Breitfelder, CMC City Clerk Contract No. Owner Project No. CIP 2501039 / 3001039 Iowa DOT Project No. STBG-SWAP -2100(698)—SG-31 SUPPLEMENTAL AGREEMENT #2 TO STANDARD CONSULTANT CONTRACT FOR ENGINEERING SERVICES WHEREAS: HDR ENGINEERING, INC. ("HDR") entered into a Base Agreement on January 19, 2022 to perform preliminary engineering and environmental study services for The City of Dubuque ("Owner"); Owner desires to amend this Agreement in order for HDR to perform services beyond those previously contemplated; HDR is willing to amend the agreement and perform the services herein identified. NOW, THEREFORE, HDR and Owner do hereby agree: The Agreement and the terms and conditions therein shall remain unchanged other than those sections and exhibits listed below; Section 1.4.2, item 3 of the original agreement is revised as follows: 3. Completion of all work under this agreement shall be on or before May 1, 2025, unless extended by written approval of the Contract Administrator or adjusted by supplemental agreement. Attachment A Scope of Services shall be revised to include supplemental Phase 1 Investigation and Reconnaissance and intensive Architectural Survey services due to the expanded study area. Attachment C - Fees and Payments shall be revised per the following tables. The intent is for this to be a no -cost supplemental agreement. With the reduced number of alternatives needed, a reduction in scope is proposed from HDR and repurposed to TallGrass. Total Contract Maximum Amount Payable remains unchanged at $1,190,175. Ral� �ont,aT, Summary [rt Fee H YR SERVICES IIWV+VQ $602,70U SUBCONS IILTANT SERVICES IMSAI $393,536 ................................. .. ... SURCONSULTANT SERVICES ITE RRACONI 524 680 sUBCONSULTANT SERVICES (TALLGPASS) 519,783 TOTAL FEE $1,8Cp, E. Rcrision to Base Cnntra[L Rase Contract Fee I Revised Fee I Revl Sed Fee H6 SERVICESIIWVeV1I 5602,]00 '.56?.l'51 %58,555 SUBCONSIILTANT SERVICES IMSA� 5393,536 SU BCON511LTANTS E R V I C E S ITE Me0NI $29,680 S52. L�5 $0 $665.680 $2G,680 SUBCON51JLTANT SEW ICES ITALLGRASSI $19,]a3 $0 (TOTAL FEE I 51,80o, 61S I 50 I 51,06p�618 Base Cont-1 pli Revised Fee Supplement 111 1 Total Fee H M SERVICES IIWVeYQ $550,555 $1118,A36r$oa.991 SOBCONSIILTANT SERVICES jMSA) $Ai5,680856a0SU BCONSU LTANT SERYICE54TE RRACONI 524680 50 521,600SUBCONSULTANT SERVICES IT0.LLGPASSI 519.783 $1.12C$29.903 TOTAL FEE 1 $1,808, 615 5149,556 I 51,198,175 Base Cont-1 plus Supplement C2 Revised Fee I Supplement 42 1 Total Fee H LM SERVICES IIVaVaVII $698,991 ............... ............... SUBCONSULTANT SERVICES IMSA� $995,68U ',513 521 $686,039 $0 $R66,680 SUBCONSULTANT SERVICES (IERRACONI $24,680 $0 SUBCONSULTAM SERVICES IT0.LLGPA55I $28,983 512,952 533855 TOTAL FEE $1,190, 175 $0 I $1,198,1]5 Contract No. Owner Project No. CIP 2501039 / 3001039 Iowa DOT Project No. STBG-SWAP -2100(698)—SG-31 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below. HDR ENGINEERING, INC. By --rzffa- Matthew B. Tondl Senior Vice President ATTEST: By CITY OF DUBUQUE, IOWA Michael C. Van Milligen City Manager Date: .tun 9, 2024 Date: Jun 10, 2024 Date: July 2, 2024 IOWA DEPARTMENT OF TRANSPORTATION Accepted for FHWA Authorization* By Name Title Date: * The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. EXHIBIT A EAST -WEST CORRIDOR UNIVERSITY AVENUE OVERLAP SECTION INTERSECTION CAPACITY IMPROVEMENTS SCOPE OF SERVICES SUPPLEMENTAL AGREEMENT 2 I. INTRODUCTION The purpose of this amendment is for supplemental Phase 1 Investigation and Reconnaissance and intensive Architectural Survey due to the expanded study area. The study area was expanded due to the revisions to the alternative to avoid environmental resources. The intent is for this to be a no -cost supplemental agreement. With the reduced number of alternatives needed, a reduction in scope is proposed from HDR and repurposed to TallGrass. Those modifications are listed below. II. DESCRIPTION OF WORK TASKS The details of the tasks are described as follows: 1. Project Management and Coordination 1.3. Project Meetings. Original scope assumed half the progress meetings would be in - person with the other remaining virtual. To date we have held one in -person meeting with remaining virtual. The effort will reduce time, and travel expenses for 4 in -person meetings with virtual meetings held in its place. 6. Conceptual Roadway Design 10%. Due to the reduced number of alternatives being developed the intial tasks have spent less than originally planned. The reduction in time and expenses are noted below. 6.1. Design Criteria. HDR has submitted the concept statement to DOT and has been accepted. This task is completed. Remaining hours/fee to be used for TallGrass efforts. 6.2. Confirm Typical Section. HDR has completed coordination with the City and submitted the concept statement to DOT. Remaining hours/fee to be used for TallGrass efforts. 6.3. Complete Streets Review. HDR has completed coordination with the City and submitted the concept statement to DOT. Remaining hours/fee to be used for TallGrass efforts. 6.4. Intial Alternatives. HDR team has completed initial alternatives with the City and submitted the concept statement to DOT. With the concept statement accepted no additional intial alternatives are required. Remaining hours/fee to be used for TallGrass A-1 4/16/2024 efforts. This includes the remining effort in direct expenses assumed for traffic counts. Traffic counts spent less them originally planned and no additional counts are required. The remaining expense for traffic counts to be repurposed for TallGrass efforts. A-2 4/16/2024 KR ESTIMATE OF RESOURCES AND FEE East-West C9rridar University Avenue Overlap Section Intersection Capacity Improvements I. ESTIMATED DIRER LABOR CIASSIFICAION TOTAL HOURS AVEHOURLYRATE DIRECT LABOR COST I.] -Manager B ($86.06) :$50.079) (56aB.a8) UntmOer 0 $0.00 Sr.Engineer/Sr. Envllonmental Scientist 0 ($80.00) $0.00 Englneerlll/Envanrmemal Ri,MUtlll/Trafiic 111 30 ($l3.73] ($)31.30) Engineer ll/Envommental SClentlzt 11 2 ($68.61) ($a80.69) Englneerl/Envanmenfal ScienUrtl/GIS 3 (%3.02) ($265.10) Oesigney5trategic C-u. datlons 20 (.35) (5935.00) TOTAL DIRER LABOR COST 50 ($3,iW.57) 1. PAYROLL BURDEN ANDOH COSTS (PRIME ONLY) III. DIRECT PROTECT EXPENSES Color-11a12 Vendor- Iowa Counts (completed) Rental Car/Fuel Meals HMel Stay Facilities Cast Of Wpital TOTAL ESTIMATED DIRECT WE RISE IV ESTIMATED ACTUAL COSTS (I 101III), ROUNDED V. FIXEDFEE VI. UnauMedzed CaMingenry110%a 11 a II a III)) Overhead a 1-n% DUANT UNIT UNITCOST MIS Sheets ($0.28) 1 Lump— ($2,000.00) a Dan Olffi-00) IOMea1s ($25.00) a Ovemlghts ($500.00) ($3,106.57) Die Q Labor 0.207% 12%a f ♦ 111-FLOC TOTAL COST ($150.08) ($2,000.W) ($800.00) ($250.00) ($800.00) (58.881 ($4,009.95) ($12,001.53) i$95023) 50.00 SummaryOf Fee MDR SERVICES (IW VWQ SUgL0N5UlTANT SERVIL�$UASA SUBCONSULTANTSERVICES(IERRACON) SUBCONSULTANT SERVICES(TALLGRASS) $12,952 AL FEE CHANGE $0.00 Fi� FEE SUMMARY JEast-West Corridor University Avenue Overlap Section Intersection Capacity Improvements Base Contract Summary Of Fee HDR SERVICES(IV+V+VI) $602,700 SUBCONSULTANT SERVICES(MSA) $393,536 SUBCONSULTANT SERVICES(TERRACON) $24,600 SUBCONSULTANT SERVICES(TALLGRASS) $19,783 TOTAL FEE $1,040,618 Revision to Base Contract Base Contract Fee I Revised Fee I Revised Fee HDR SERVICES(IV+V+VI) 1 $602,700 ($52,145) $550,555 SUBCONSULTANT SERVICES (MSA)j $393,536 $52,145 $445,680 SUBCONSULTANT SERVICES (TERRACON)i $24,600 $0 1 $24,600 SUBCONSULTANT SERVICES (TAULGRASS)j $19,783 1 $0 1 $19,783 Base Contract plus Supplement #1 $1,040,618 1 $0 1 $1,040,618 Revised Fee I Suoolement #1 1 Total Fee HDR SERVICES(IV+V+VI) 1 $550,555 $148,436 $698,991 SUBCONSULTANTSERVICES(MSA) $445,680 $0 $445,680 SUBCONSULTANT SERVICES (TERRACON)i $24,600 $0 $24,600 SUBCONSULTANT SERVICES (TAULGRASS)j $19,783 1 $1,120 $20,903 Base Contract plus Supplement #2 $1,040,618 1 $149,556 1 $2,190,175 Revised Fee I Suoolement #2 1 Total Fee HDR SERVICES(IV+V+VI) 1 $698,991 1 ($12,952) 1 $686,039 SUBCONSULTANT SERVICES (MSA)j $445,680 1 $0 1 $445,680 SUBCONSULTANT SERVICES (TERRACON)i $24,600 1 $0 1 $24,600 SUBCONSULTANT SERVICES (TAULGRASS)j $20,903 1 $12,952 1 $33,855 ax�®' NNNWKM COST PROPOSAL and SCOPE OF WORK Submitted by: Tallgrass Archaeology LLC 2460 S. Riverside Drive, Iowa City, Iowa 52246 Submitted to: HDR 3/5/2024 Project. Supplemental Phase I Investigation and Reconnaissance & Intensive Architectural Survey of the Dubuque East-West Connector Road Improvements Project Tallgrass Archaeology LLC can complete the project for the price of $12,951.76. The total shall not exceed this cost within the scope of work described below. Costs may be shifted within budget to reflect actual labor and receipts. Labor Rate Hours Total Project Manager $82.88 6 $497.28 Principal Investigator I $66.30 88 $5,834.40 Principal Investigator IU Lab Manager $58.02 44 $2,552.88 Research Assistant I $43.51 60 $2,610.60 Editor $37.30 5 $186.50 Total $11,681.66 Non -Labor Rate Count Total Mileage $0.67 230 $154.10 Per Diem $195.50 2 $391.00 Curation $275.00 1 $275.00 Materials, Scanning, Printing $100.00 1 $100.00 I -Sites Pro Access/ Other Fees $350.00 1 $350.00 Non -Labor Total $1,270.10 Grand Total $12,951.76 Scope of Work: Phase I Archaeological Investi atg ion: Tallgrass Archaeology LLC proposes to complete the Phase I survey of approximately 2 acres recently added to the Dubuque East-West Connector Road Improvement Project Area. These 2 acres are characterized as urban development or green spaces. Given the low ground surface visibility expected in these locations, subsurface testing will be the primary survey technique employed. The Phase I survey will consist of the systematic subsurface testing at 15-meter intervals to examine the archaeological potential in areas with low ground surface visibility (see attached plan map). If any archaeological sites are encountered, then subsurface testing will be conducted at 10-meter or less intervals at that location, as per the guidelines for Phase I testing of sites as approved by the Association of Iowa Archaeologists (AIA) in October 2022. If possible, any archaeological sites discovered will be evaluated for potential eligibility under the integrity considerations and significance criteria of the National Register of Historic Places. The results of this supplemental Phase I investigation will be summarized in a supplemental report that adheres to the AIA guidelines for Phase I investigations. All historical contextual information identified in this survey will be included in the resulting report. The final deliverable will include a stand-alone Phase I Archaeological Survey report, to be delivered digitally to the client as a PDF document. Reconnaissance & Intensive Architectural Survey: Tallgrass Archaeology LLC proposes a combination reconnaissance and intensive survey of the additional survey areas of the East-West Connector project, in Dubuque, Dubuque County, Iowa. In the intensive portion of the survey, the two additional property takes will be investigated at the higher level, with a recommendation of eligible or not eligible to be provided for each. Iowa Site Inventory forms will be prepared for both intensive survey properties. The remainder of the new project areas will be surveyed at the reconnaissance level, and all properties in or adjacent to them will be given preliminary recommendations of eligible, not eligible, or more research needed. The findings of these surveys will be presented in a stand-alone report. The historical, contextual, and background information will be heavily pulled from the original report, to which this will be supplemental. Additional original research will be needed for the two intensively surveyed properties and possibly in some other cases. Resources will include online and in -person research at local, state, and national repositories. The fieldwork, research, and report compilation will be conducted under the direction of Tallgrass Archaeology LLC SOI-qualified historians Ray Werner and Jacob Noble. All work will be conducted according to the standards set forth by the United States Secretary of Interior and the guidelines of the State Historic Preservation Office of Iowa. Cost Assumptions and Requirements: 1. The size of the current project area will not exceed the project area pictured on the attached project plan map. If additional survey acreage, or a different survey area is needed, Tallgrass reserved the right to adjust its scope of work and cost estimate as necessary. Additional Services Any professional service not included or mentioned in this agreement are considered additional services. Additional services, if approved or requested by HDR will be performed at the hourly rate utilized by this budget, available upon request. Timeline: The Phase I Archaeological Investigation component of this project can be completed within 90 days of the notice to proceed. The Reconnaissance & Intensive Architectural Survey can be completed within 120 days of the notice to proceed. Billing: Tallgrass Archaeology will bill HDR monthly for the incurred costs from the preceding month. 4 @/New Study Structures Recommended for Intensive Architectural Survey jW 0 e� t. aa y S i 4/ 3 f J`//,� 7_ _'_\\,���r •3t'o ./ Y�I�! .�''.e-� •fir 05 - 'earl s' � •r � � � ' `� •. .gig' '� � IF a,1 •.� sh r ,t� � e ,.t, � ... fie. '�,' t, ^,u � So �, •.� e a !I 11