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MEMORANDUM
April 28, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: University Avenue Extension Project - Howard R. Green Co.
(Project No. STP-U-2100(623)--70-31)
Assistant City Engineer Gus Psihoyos recommends City Council approval of
Supplemental Agreement No. Two between the City and Howard R. Green for the
University Avenue Extension Project. The work tasks in Supplemental Agreement No.
Two are in the amount of $63,151.03, and consist of additional real estate services not
included in the original agreement and environmental services related to soil and debris
management, as well as wetland mitigation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
[flJ ~J%^
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psi hoyos, Assistant City Engineer
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MEMORANDUM
April 28, 2004
FROM:
Michael C. Van Milligen, City Manager
Gus Psi hoyos, Assistant City Engineer ý2j Q
TO:
SUBJECT: University Avenue Extension Project - Howard R. Green Co.
(Project No. STP-U-2100(623)-70-31)
INTRODUCTION
Enclosed is a proposed supplemental agreement between the City of Dubuque
and Howard R. Green Company (Howard R. Green) to perform several design
items considered outside of their original contract with the City.
DISCUSSION
This proposed supplemental agreement amends the Scope of Services of the
original Agreement between the City and Howard R. Green to provide: two
separate bid packages; additional real estate services not included in the original
agreement; and environmental services related to soil and debris management
as well as wetland mitigation. Specific tasks are outlined in Attachment One.
These work tasks in Supplemental Agreement No. Two are in the amount of
$63,151.03.
RECOMMENDATION
I recommend that the City Council approve Supplemental Agreement No. Two for
the University Avenue Extension Project.
BUDGET IMPACT
In terms of the overall design cost for the project, a summary is as follows:
Proposed Current Contract
$390,381.41
56,652.89
63.151.03
$510,065.33
Original Agreement
Supplemental Agreement 1
Supplemental Agreement 2
Roger Walton from the Iowa Department of Transportation has indicated that the
necessary funds to cover Supplement Agreement No. Two are available to
DMATS. Since this is a contract with the City, the signature of neither DMATS
nor Dubuque County is required to sign this Supplemental Agreement.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution authorizing the
Mayor to execute three copies of the Supplemental Agreement No. Two for the
University Avenue Extension Project.
cc:
David Ness, PE
Howard R. Green Company
RESOLUTION NO. 177-04
RESOLUTION APPROVING THE SUPPLEMENTAL AGREEMENT NO.2
BETWEEN THE CITY OF DUBUQUE AND THE HOWARD R. GREEN
COMPANY FOR THE UNIVERSITY AVENUE PROJECT(STP-U-2100(623)-
70-31)
Whereas, the City of Dubuque and the Howard R. Green Company are
currently in the design phase for the improvement to extend University Avenue to
intersect with US Highway 20 in Dubuque, Iowa; and
Whereas, Howard R. Green has prepared a Supplemental Agreement No.
Two between the City of Dubuque and the Howard R. Green Company to amend
the Scope of Services to provide: two separate bid packages; additional real
estate services not included in the original agreement; and environmental
services related to soil and debris management as well as wetland mitigation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE,IOWA:
Section 1. That the Supplemental Agreement No. Two between the City
of Dubuque and the Howard R. Green Company be approved.
Section 2. That the Mayor be authorized and directed to execute three
copies of Supplemental Agreement No. Two.
Passed, adopted and approved this 3rd day of May, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Howard R. Green Company
Project No. 176290-J02
University Avenue Extension
Supplemental Agreement No. Two
Dubuque. Iowa
..
SUPPLEMENTAL AGREEMENT NO. TWO
UNIVERSITY AVENUE EXTENSION PROJECT - DUBUQUE, IOWA
PROJECT NO: STP-U-21 00(623)-70-31
This Supplemental Agreement No.2 made and entered into this - day of -' 2004, by and
between the City of Dubuque, hereinafter referred to as the "Owner," and the firm of Howard R. Green
Companv. hereinafter referred to as the "Consultant."
The parties hereto entered into an agreement dated March 11, 2002 for engineering services for the
improvement to extend University Avenue to intersect with US Highway 20 in Dubuque, Iowa.
The Owner desires to have the Consultant perform work related to the improvement of University Avenue
involving the additional design period services in conjunction with the original contract.
The Consultant is willing to provide said services.
The scope of services to be performed by the Consultant under this Supplemental Agreement No. Two shall
encompass and include all detail work, services, materials, equipment, and supplies necessary to complete the
design services as defined and other related items for this project.
The schedule for which the scope of services contained in the original agreement and this supplemental
agreement shall be performed in accordance with the Iowa DOT "Critical Path for Project Developmenf
schedule, with targeted project letting dates of August of 2004 and November of 2004. Howard R. Green
Company will commence work within 30 days of notice to proceed.
Attachment One provides detailed descriptions of the additional scope of services. Attachment Two provides
a summary of itemized estimated costs and fixed fee.
In consideration of these services, the parties agree to the following:
The estimated cost of engineering services shall be increased as shown below.
Total Labor Expenses Fixed Fee Contingency SubConsultants Total
Original Agreement $261,404.00 $13,709.00 $31,368.00 $27,511.00 $56,389.41 $390,381.41
Supp. Agreement No. One $19,319.00 $3,057.00 $2,318.00 $2,238.00 $29,600.89 $56,532.89
Supp. Agreement No. Two $48,195.80 $3,956.50 $5,783.50 $5,215.23 $0.00 $63,151.03
Total Current Contract $328,918.80 $20,722.50 $39,469.50 $34,964.23 $85,990.30 $510,065.33
Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original
Agreement dated March 11, 2002 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their
proper officials thereunto duly authorized as of the dates below indicated.
Consultant:
Signed ~]J, iL2
Owner:
Iowa Department of Transportation
Highway Division
Accepted for Authorization
Signed
Title
V.f'. -,,^
Title
By
Local Systems Engineer, District 6
Date
3 -//-Zodoy
Date
Date
Howard R. Green Company
Project No. 176290-J02
University Avenue Extension
Supplemental Agreement No. Two
Dubuque, Iowa
.
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ATTACHMENT ONE
ADDITIONAL SCOPE OF SERVICES
This Supplemental Agreement amends the Scope of Services of the original Agreement for Professional
Services - University Avenue Extension Project. The changes include modification of the plans to provide two
separate bid packages, additional real estate services not included in the original agreement, and environmental
services related to soil & debris management as well as wetland mitigation. The following Supplemental
Agreement shall include the services to complete the following tasks:
Task A - Administration
Task 2.1 - Project Administration & Subconsultant Management (Fee = $1,300.93)
Communicate with staff regarding amendments to project scope, responsibilities, schedule and budget
information and other important elements for the project. Establish a modified project scope and prepare a
detailed work plan with specific staff assignments, by task, corresponding to the schedule. Designate
responsibility for implementation of the modified plan. Prepare subcontracts and work orders for
Subconsultants. Monitor Subconsultant activities. Review Subconsultant invoices and submit to the City for
payment. Coordinate Subconsultant activities with Graham Land Acquisition Associates and Felderman
Appraisals.
Task F
Roadwav DesiQn
Task 5.0 - Separation of Project into Two Bid Packages (Fee = $11,240.29)
Background and Purpose: In order to begin construction activities as soon as possible, a decision was
made by the City in consultation with Iowa DOT and Howard R. Green Company that the project should be
separated into two bid packages. The first package will accomplish the construction of the proposed box
culvert extension as well as the majority of grading needs. The second package will accomplish the
roadway paving and related items. The following outlines the activities that will require additional effort on
the part of Howard R. Green Company to provide plans, special provisions and related items for two
separate bid packages.
Task 5.1 - Title Sheet(A01)
Prepare title sheets for each of the proposed bid packages. The title sheets will include the following:
Index of Sheets, Index of Standard Road Plans, Mileage Summary, Legend, Location Map, Project
Number, Letting Date and Design Designation
Task 5.2 - Typical Cross Sections & Details (B Sheets)
Prepare typical section sheets for each of the proposed bid packages. Include the US Highway 20,
University Avenue, and University Avenue Extension as applicable in typical sections.
Task 5.3 - Estimate of Quantities, Tabs & General Information (C Sheets)
Determine bid items to be included in each of the proposed bid packages along with quantity
tabulations, general notes and estimate reference information. This item also includes the final design
and tabulation of the erosion control measures to be provided on the bid packages.
Task 5.4 - Roadway Plans (D & E Sheets)
Design and draft roadway plan and profile sheets for each of the proposed bid packages, including the
detail information required for plan approvals, and construction of the proposed improvements.
Task 5.5 - Drainage Plans (M Sheets)
Design and draft plan sheets for drainage related items on
Includes storm sewers, storm sewer inlets, manholes, open
drainage related facilities on the projects.
each of the proposed bid packages.
ditches, culverts and all other storm
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O,IPROJI 176290j02ladministcativelcontcactlagmt-O30904-U nivExtS2.doc
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Howard R. Green Company
Project No. 17629O-J02
University Avenue Extension
Supplemental Agreement No. Two
Dubuque. Iowa
\
Task 5.6 - Earthwork Quantity Tabs (T Sheets)
Design and tabulate earthwork quantities for each of the proposed bid packages.
Task 5.7 - Cross Sections (W, Y & Z Sheets)
Design and draft individual cross-sections for each of the proposed bid packages. Cross-sections will
be designed and drawn at 50-foot maximum intervals, with additional cross-sections included as
necessary. Cross-sections will show the existing ground elevations as well as the final project grading,
including foreslope and backs lope information, special subgrade treatment, ditches, pavement
replacement, and other pertinent information.
Task 5.8 - Opinion of Cost
Prepare opinions of probable construction cost for each of the proposed bid packages. Final cost
estimates shall be based on all representative project elements. Detailed quantity takeoffs will be
developed for the final cost estimate.
Task 5.9 - Submittals & Coordination
Coordinate with the City and Iowa DOT for each of the proposed bid packages. Includes submittal of
plans, special provisions and opinions of probable construction cost for each package.
Task 6.0 -Water Main Design (Fee = $6,149.01)
Background and Purpose: Upon a review of preliminary plans, the water department expressed a need to
connect the water main along existing University Avenue with the existing main along US Highway 20.
Task 6.1 - Water Main (0 Sheets)
Prepare the design and detailing for the extension of water main from existing University Avenue along
the new extension to the existing water main along US Highway 20. This task includes the drafting of
the preliminary and final plan & profile sheets, including special construction details. Sizing of the water
main will be provided by the City of Dubuque.
Task I - Environmental Services
Task 7.0 - Soil & Debris Management (Fee = $5,719.29)
Background and Purpose - During the months of May through August 2002, Howard R. Green Company
conducted a Phase I and II Environmental Site Assessment (ESA) on the 4.7 acre property owned by Elm
Real Estate. The ESA processes identified recognized environmental conditions (RECs) in connection with
the property. The REC consisted of a dumpinglftll area located on the north portion of the property.
Laboratory analysis of soil samples collected from the area revealed elevated levels of lead in the soil.
Upon review of the Phase I and II ESA report documents, the IDNR requested submittal of a written plan
describing how the material will be managed to prevent further dissemination of the debris and lead
contaminated soil material. The following outlines the activities required for preparation of a management
plan and coordination with representatives of the IDNR in pursuit of plan approval. It also outlines the
activities that are anticipated to be necessary during grading activities for the roadway project.
Task 7.1 - Preparation of Soil & Debris Management Plan
A written plan will be prepared and submitted to the IDNR Contaminated Sites Section for approval.
The plan will outline the methods and procedures that will be implemented during site construction
operations to prevent further spreading of lead contaminated soil and ensure proper management and
disposal of the material.
Task 7.2 - Coordinating IDNR Approval of the Plan
Upon submittal of the Soil & Debris Management Plan to IDNR, it is anticipated that a limited amount of
coordination with IDNR representatives will be necessary. In addition, minor modifications to the plan
may be necessary to secure IDNR approval. For the purposes of preparing a budget, it is estimated
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Howard R. Green Company
Project No. 176290-J02
University Avenue Extension
Supplemental Agreement No. Two
Dubuque, Iowa
\
that two telephone conversations with IDNR to discuss the plan will be necessary. In addition, it is
estimated that one-time minor modifications will be necessary for the plan to obtain IDNR approval.
Task 7.3 - Communications with IDNR Field Office
It wili be necessary to provide IDNR's field office with notification when grading activities are to
commence and to respond to any inquiries made by IDNR field representatives during grading activities,
For the purposes of preparing a budget, it is assumed that a total of 4 hours will be devoted to this task
and that onsite meetings will not be necessary.
Task 7.4 - Sample Collection and Reporting
As requested by the IDNR Contaminated Site Section, confirmation samples will be collected
subsequent to removal of the affected fill material (prior to placement of structural fill). The soil samples
will be collected from along the roadway at 0-1' in depth. An estimated four samples will be collected at
approximately 50' foot distances along the roadway. The samples will be submitted to the laboratory for
analysis of total lead to document concentrations remaining beneath the structural fill. Results from the
laboratory analysis wili then be forwarded to IDNR.
Task 8.0 -Asbestos Abatement Services (Fee = $1,835.44)
Background and Purpose - Based upon the proposed design, two building structures will be acquired and
demolished as a part of the project. These structures are the garage located at the northern portion of the
Elm Real Estate property and the residence located upon the James Newman property. Prior to demolition
of the structures it wili be necessary in accordance with Iowa Statutes to determine the presence of
asbestos and prepare an abatement plan if asbestos is present in either of the structures. The following
describes the tasks to be accomplished to prepare for potential asbestos abatement.
Task 8.1 - Asbestos Abatement Inspection, Documentation & Design
The Consultant will secure the services of Soyer Environmental Services to perform the following tasks
for the two structures described above:
Visually inspect the structures to identify the locations of all suspected asbestos containing building
materials (ACBM).
Touch all suspected ACBM to determine if it is friable.
Identify all homogeneous areas of friable suspected ACBM and all homogeneous areas of non-
friable suspected ACBM.
Collect and submit bulk samples of all suspected ACBM for analysis. It is assumed that up to nine
samples will be collected for each structure.
Provide a written report documenting the location, type and amount of ACBM in the structures.
Task 9.0 - Wetland Mitigation Services (Fee = $ 31,692.84)
Background and Purpose - During the months of May and June 2002, Pointer Environmental, Inc.
performed inventoried existing wetlands in the project area. In the process, they identified and delineated a
0.22 acre wetland area that will be impacted by the structural fill for the project. As the amount of impacted
wetland exceeds 0.1 acre (maximum area that can be impacted without mitigation), it will be necessary to
obtain approval from the U.S. Army Corps of Engineers (USACE) for a wetland mitigation plan. The
Consultant shall serve as the City's professional representative for wetland permitting and mitigation. In so
doing, the Consultant shall abide by the provisions of the USACE requirements and regulations for wetland
delineation, permitting and mitigation. The following describes the tasks to be accomplished by the
Consultant.
Task 9.1 - Pre-application & Coordination Meetings
The Consuitant wili review field data for one mitigation site and determine if it has merit for use as a
mitigation site. The Consultant will also arrange for any necessary pre-application meetings with the
USACE and any other agencies that may be involved to help ensure that subsequent efforts to obtain
approval for a mitigation plan will be successful. This includes up to two onsite meetings as well as
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O,IPROJI 176290jO2ladm;nistrat;velcontrnctlagmt-<J30904-Un;vExtS2. doc
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Howard R. Green Company
Project No. 17629D-J02
University Avenue Extension
Supplemental Agreement No. Two
Dubuque, Iowa
\
other types of written and verbal communication. (Note that this process has already taken place in the
form of onsite meetings and other numerous communications with USACE, IDNR and US Fish and
Wildlife Services (USFWS). The mitigation site currently being pursued is located north of the City of
Dubuque along the Mississippi River near the John Deere plant.)
Task 9.2 - Mitigation Plan & Permit Application
The Consultant will prepare the mitigation plan. The mitigation plan will include a description of the
proposed wetland mitigation site and the activity proposed to be conducted at that site. The proposed
mitigation activity includes the acquisition of a small tract of privately owned property and the
enhancement of this property by the seasonal pumping of water onto an adjacent property currently
owned by USFWS. The Consultant shall work with the City to acquire the privately owned land and to
transfer ownership of the acquired property to USFWS. The Consultant will also prepare a permit
application suitable for submission to the USACE under Section 404 of the Clean Water Act. In
addition, the Consultant will prepare a written response for one set of comments received during the
permit review period. The City shall understand that the Consultant can not guarantee the USACE or
other relevant governmental agencies will ultimately approve the prepared application, since such
authorization is beyond the control of the Consultant. It is assumed that no analysis or additional
permitting will be necessary for the privately owned land that is to be acquired.
Task 9.3 - Monitoring & Reporting
The Consultant shall prepare an annual monitoring report for the first five years of operation of the
mitigation site. The Consultant will solicit input from IDNR and/or USFWS personnel during the
preparation of this report. It is assumed that one onsite visit will be necessary for each annual
monitoring report.
Task 9.4 - Engineering Design
The Consultant shall prepare construction plans and instructions for a project to be let by the City for the
purpose of installing a portable pump system that will carry water from the Maquoketa River to the
property owned by USFWS, The system is intended to be utilized for up to two months on an annual
basis to irrigate the USFWS property and maintain its viability as a wetland. It is assumed that
preexisting aerial photography and/or survey is available for use in laying out the pump system onsite
survey will not be required for this task,
Task 9.5 - Coordination with Maquoketa REA
The Consultant shall coordinate with Maquoketa REA for the purpose of securing electrical power for
the portable pump system described above. Up to eight hours of coordination time for two of the
Consultant's staff is to be devoted to coordination with Maquoketa REA and preparation of related
letters and/or drawings. It is assumed that this task will include one onsite meeting.
Task 9.6 - Property Owner Meeting
The Consultant shall communicate with the owner of the privately owned property described above to
facilitate acquisition of the property. Up to eight hours of coordination time for two of the Consultant's
staff is to be devoted to communication with the property owner and preparation of related letters and/or
drawings. It is assumed that this task will include one onsite meeting.
Task 9.7 - Property Survey
The Consultant shall also obtain the services of an abstract company for the purpose of determining
ownership interests(s) and instruments affecting title of land to be acquired in the name of the City. For
preliminary land survey purposes, the abstract company shall deliver a title report for the property to
provide reasonable assurance of property ownership/interests of the real estate. This title report shall
identify all mortgages, the last deed and easements of record, real estate tax assessment and payment
information, and liens and claims pending in probate or other proceedings.
The Consultant will identify the approximate boundaries of the privately owned property described
above, Sufficient survey to establish the property boundaries will be performed in accordance with the
methods and requirements contained within the original agreement dated March 11, 2002.
0, \P R OJI 17 6 290 jD 21a d m; n; s1<ativ. Icon n-actla 9m1-D3D9 D4-U n ;vEx1S 2. d DC
3/9/04
Howard R. Green Company
Project No. 176290-J02
University Avenue Extension
Supplemental Agreement No. Two
Dubuque, Iowa
\
An acquisition plat and legal description will be prepared for the acquisition parcel described above.
The plat and legal description shall comply with the requirements of the Iowa Code and shall be
prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State
of Iowa.
This task includes monumentation of the permanently acquired parcel, which will be performed upon
completion of the acquisition. The monumentation shall comply with requirements of the Iowa Code
and shall be performed by or under the direct supervision of a duly licensed land surveyor under the
laws of the State of Iowa. This task does not include monumentation of any existing property pins.
Additional Services:
Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the
Consultant shall furnish or obtain from others the following services:
1. Design Public Hearing
2. Construction Period Services (administration, observation and survey)
3. Complete Environmental Assessment and Section 4(f) Statement
4. Preparation of a Heaith & Safety Plan for Construction Activities
5. Condemnation hearing assistance
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Howard R. Green Company
Project No. 176290-J02
ATTACHMENT TWO
ITEMIZED ESTIMATED COSTS AND FIXED FEE
7
OoIPROJI 176290jO2\administrativelcont03ctlagmt-O30904-UnivExtS2. doc
University Avenue Extension
Supplemental Agreement No. Two
Dubuque, Iowa
3/9/04
$ 18,319.13
29.876,67
48,195.80
300.00
616.00
403.00
684.50
240.00
130.00
1,408.00
175.00
3,956.50
5,783.50
5,215.23
63,151.03
Estimated Budget - Howard R. Green Company
Supplemental Contract No.2
University Avenue Extension Project, Dubuque, Iowa
Attachment Two
Summary
Direct Salary Costs:
Indirect Salary Costs:
163.09% of Direct Salary Costs
Subtotal:
Expenses:
Instrumentation/Equipment
Reproductions/Copies
Mileage - Survey Truck
Mileage - Car
Per Diem:
Lodging
Glen Soyer - Asbestos Abatement Services
Dubuque County Abstract & Title Co.
Subtotal:
Fixed Fee:
12% of (Direct Salary + Indirect Salary)
Contingency:
10% of (Direct Sa!. + Indirect Sa!. + Expenses)
Subtotal Howard R. Green Company:
Subconsultants:
Grand Total:
$
63,151.03
HRGfee-030904 -UnivExtS2
03/16/2004