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University Ave Ext Pro. Howard Green Co. Engrg. services 5U'B~E ~~~ MEMORANDUM April 11, 2005 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-21 00(623) - 70-31) City Engineer Gus Psihoyos recommends City Council approval of Supplemental Agreement NO.3 between the City of Dubuque and Howard R. Green to perform additional engineering construction inspection services for the first phase of the University Avenue Extension Project that includes grading and culvert construction. The Iowa Department of Transportation has indicated that the necessary funds to cover Supplemental Agreement No.3 are available through DMA TS. I concur with the recommendation and respectfully request Mayor and City Council approval. /fltj '~/)lJ;l Mic~ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer (~~ \ <) ..'> --> i5UB~E ~~~ MEMORANDUM April 6, 2005 FROM: Michael C. Van Milligen, City Manager OJ).~: Gus Psihoyos, City Engineer ./J .~ TO: SUBJECT: University Avenue Extension Project - Howard R. Green Co. (Project No. STP-U-21 00(623) - 70-31 ) INTRODUCTION Enclosed is a proposed supplemental agreement between the City of Dubuque (City) and Howard R. Green (Howard R. Green) to perform additional engineering construction inspection services for the first phase of the University Avenue Extension Project that includes grading and culvert construction. DISCUSSION This proposed supplemental agreement amends the Scope of Services of the original March 11, 2002 agreement between the City and Howard R. Green to provide detail work, services, meetings, materials, equipment, and supplies necessary to administer the construction inspection for the first phase of the University Avenue Extension Project which includes grading and culvert construction in Dubuque County. RECOMMENDATION I recommend that the City Council approve Supplemental Agreement No. Three 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 56,532.89 63,151.03 190.170.00 $700,235.33 Original Agreement Supplemental Agreement One Supplemental Agreement Two Supplemental Agreement Three The Iowa Department of Transportation has indicated that the necessary funds to cover Supplemental Agreement No. Three are available through DMA TS. Since this is a contract with the City, the signature of neither DMA TS 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 Supplemental Agreement No. Three for the University Avenue Extension Project. cc: Jon Estrem, Howard R. Green Company Roger Walton, PE - Iowa Department of Transportation David Ness, PE RESOLUTION NO. 156-05 APPROVING THE SUPPLEMENTAL AGREEMENT NO. THREE BETWEEN THE CITY OF DUBUQUE AND THE HOWARD R. GREEN COMPANY FOR THE UNIVERSITY AVENUE EXTENSION PROJECT (STP-U- 2100(623) - 70-31) Whereas, the City of Dubuque (City) and the Howard R. Green Company (Howard R. Green) are currently in the construction phase for the improvements to extend University Avenue to intersect with US Highway 20 in Dubuque, Iowa; and Whereas, Howard R. Green has prepared a Supplemental Agreement No. Three between the City and Howard R. Green to amend the Scope of Services to include additional engineering services for the first phase of the University Avenue Extension Project that includes grading and cl,Jlvert construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Supplemental Agreement No. Three 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. Three. Passed, approved and adopted this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk . Howard R. Green Company Project No. 176290-J02 University Avenue Extension Supplemental Agreement No. Three Dubuque, Iowa SUPPLEMENTAL AGREEMENT NO. THREE UNIVERSITY AVENUE EXTENSION PROJECT - DUBUQUE, IOWA PROJECT NO: STP-U-21 00(623)--70-31 This Supplemental Agreement NO.3 made and entered into this day of , 2005, by and between the City of Dubuque, hereinafter referred to as the "Owner," and the firm of Howard R. Green Company, 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 engineering 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. Three shall encompass and include detail work, services, meetings, materials, equipment, and supplies necessary to administer the construction for the first phase of the University Avenue Extension Project which includes grading and culvert construction in Dubuque County as outlined in Attachment One, Scope of Services for Construction Period Services. The Standard Practices and Requirements for services herein required and provided shall be in conformity with the Iowa Department of Transportation Standards, Design Guides and Specifications, and Title 23 U.S. Code of Federal Regulations, Part 625. In addition, applicable sections of the U.S. Department of Transportation, Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications, and estimates.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 Supp. Agreement No. Three $136,858.00 $14,876.00 $16,423.00 $16,813.00 $5,200.00 $190,170.00 Total Current Contract $465,776.80 $35,598.50 $55,892.50 $51,777.23 $91,190.30 $700,235.33 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: Owner: Iowa Department of Transportation M~J~ ~ Highway Division Signed Signed Accepted for Authorization Title vI' - ~ Title By Local Systems Engineer, District 6 Date 3./S-. oS- ,2005 Date ,2005 Date ,2005 Howard R. Green Company Project No. 176290-J02 University Avenue Extension Supplemental Agreement No. Three Dubuque, Iowa ATTACHMENT ONE SCOPE OF SERVICES FOR CONSTRUCTION PERIOD SERVICES This Supplemental Agreement amends the Scope of Services of the original Agreement for Professional Services - University Avenue Extension Project. The changes shall encompass and include detail work, services, meetings, materials, equipment, and supplies necessary to administer the construction for the first phase of the University Avenue Extension Project which includes grading and culvert construction in Dubuque County. The Supplemental Agreement shall include the services to complete the following tasks: Task A - Administration (Fee = $10.190) 1.0 Project Administration 1.01 Development of Project Instructions, Schedule, and Detailed Work Plan Prepare written instruction for project staff, providing background, names of contacts, communications procedures, responsibilities, schedule and budget information and other important elements for the project. Prepare a detailed work plan with specific staff assignments, by task, corresponding to the schedule. 1.02 Coordination with the CITY Maintain communications with CITY staff and Contractor. Meet with CITY staff and Contractor to review progress or to discuss specific elements of the project (assume eight (8) meetings). Prepare minutes of meetings and keep documentation of other communications. 1.03 Project Monitoring and Progress Reports Maintain the system for monitoring progress and expenditures to allow monthly tracking by task. Prepare and submit monthly progress reports outlining the following: . Activities during the reporting period, . Activities planned for the following month, . Problems encountered and recommended solutions, and . Overall status. 1.04 Subconsultant Management Prepare subcontracts and work orders for Subconsultants. Monitor Subconsultant activities. Review Subconsultant invoices and submit to the State for payment. Coordinate Subconsultant activities with one (1) firm: Terracon Consultants. Task B - Construction Administration (Fee = $22.500) 1.0 Preconstruction Meeting The Consultant shall conduct a preconstruction meeting after award of the construction contract for the project. 2.0 Shop Drawings The Consultant shall review acceptability of the Contractor's submittals, such as shop drawings, product data, samples and other data, which the Contractor is required to submit, but only for the limited purpose of checking for conformance with the design concept and the information shown in the Construction Documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. The Consultant's review shall be conducted with reasonable promptness while allowing sufficient time in the Consultant's judgment to permit adequate review. The Consultant shall not be responsible for any deviations from the Construction Documents not brought to the attention of the Consultant in writing by the Contractor. The Consultant shall not be required to review partial submissions or 2 O:\PROJ\ 176290j02\administrative\contract\Agt-031405 -UnivExtS3-120 WDs.doc 3/14105 Howard R. Green Company Project No. 176290-J02 University Avenue Extension Supplemental Agreement No. Three Dubuque, Iowa those for which submissions of correlated items have not been received. The Consultant shall have authority to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testings, and approvals required by law, rules, regulations, ordinances, codes, orders or the Plans. Review of shop drawings for bridges will conform to laDOT's Bridge Design Manual. 3.0 Site Visits In connection with observations of the Contractor's work while it is in progress: 3.01 The Consultant shall make visits to the site at intervals appropriate to the various stages of construction, as the Consultant deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of the Contractor's work. Based on information obtained during such visits and on such observations, the Consultant shall endeavor to determine, in general, if such work is proceeding in accordance with the Plans, and the Consultant shall keep the Owner informed of the progress of the work. It has been estimated that 4 site visits will be required. 3.02 The purpose of the Consultant's visits to the site will be to enable the Consultant to better carry out his duties and responsibilities during the construction phase, and, in addition, by exercise of the Consultant's efforts as an experienced and qualified design professional, to provide for the Owner a greater degree of confidence that the completed work of the Contractor will conform generally to the Plans and that the integrity of the design concept as reflected in the Plans has been implemented and preserved by the Contractor. The Consultant shall not during such visits supervise, direct or have control over the Contractor's work nor shall the Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, for safety precautions and programs incident to the work or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing his work. 3.03 During such visits the Consultant may disapprove of or reject the Contractor's work while it is in progress if the Consultant believes that such work will not produce a completed Project that conforms generally to the Plans or that it will prejudice the integrity of the design concept of the Project as reflected in the Plans. 3.04 Visits to the site and observations made by the Consultant as part of services during construction under this Agreement shall not make the Consultant responsible for, nor relieve the construction contractor(s) of the obligation to conduct comprehensive monitoring of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not make the Consultant responsible for, nor relieve the construction contractor(s) of the full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s), and for all safety precautions incidental thereto. Such visits by the Consultant are not to be construed as part of the observation duties of the on-site observation personnel defined in Task C - Resident Engineering. 4.0 Partial Pay Estimates The Consultant shall determine the amounts owing to the Contractor and submit pay vouchers to the Owner in such amounts. Such recommendations of payment will constitute a representation to the Owner, based on such observations and review that the work has progressed to the point indicated, and that, to the best of the Consultant's knowledge, information, and belief, quality of such work is generally in accordance with the Plans. In the case of unit price work, the Consultant's recommendation of payment will include determination of quantities and classification of such work. 5.0 Plan Interpretation/Extra Work Orders The Consultant shall issue necessary interpretations and clarifications of the Plans, and in connection therewith, prepare extra work orders as required. 3 O:\PROJ\176290j02\administrative\contract\Agt-031405 -UnivExtS3-120 WDs.doc 3/14/05 Howard R. Green Company Project No. 176290-J02 University Avenue Extension Supplemental Agreement No. Three Dubuque, Iowa 6.0 Project Construction Report This task consists of maintaining proper documentation of quantities of work completed, materials installed, and progress of project in accordance with Iowa DOT standard policies and procedures. It also includes preparation of weekly report of working days and daily diary. 7.0 Final Field Review and Project Close-Out The Consultant shall conduct an field review in the company of the City and the Iowa DOT to determine if the work is substantially. Consultant may recommend, in writing, final payment to the Contractor and may give written notice to Owner and the Contractor that the work is acceptable. This task will also include assembling final project documentation, certifications, and attendance at the project audits. 8.0 Record Drawings This task consists of preparation of construction record drawings defining the actual location of improvements and fixtures. The consultant shall prepare record drawings showing those changes made during construction, based on the marked-up drawings and other data furnished by the Contractor and the Resident Construction Observer. The Consultant shall provide Owner with one (1) hard copy in 11" x 17" format and one (1 )electronic copy of the record drawings in PDF or similar format. 9.0 Public Relations/Business Coordination This task consists of the development and implementation of a public relations campaign prior to and during construction. In conjunction with City, and Iowa DOT officials, the Consultant will assist in developing a plan to address business disruptions, publicize project information, and promote positive aspects of the project to help minimize negative impacts of the construction on businesses, travelers, and residents. Work includes participation in related meetings. Task C - Resident En"ineerin" (Fee = $116.510) The work to be performed by the Consultant under Scope of Services Task C, Resident Engineering, shall include on-site observation of the construction work in addition to that included in Task B, Construction Administration. This phase consists of observing construction methods, providing field-testing of materials incorporated into the project and preparing written reports that document compliance or non-compliance of the construction methods and materials in accordance with the Iowa DOT Instructional Memorandum and Construction Manual. This scope of services assumes a "full-time" Resident Engineering representing one full-time staff with 40-50 hours of individual staff time per week the contractor is on site. The Consultant estimated a total of 60 working days in addition to 12 rain or partial days for the project. The Iowa Department of Transportation has estimated 120 'working days for the project. For budget purposes, the estimate of 120 working days is utilized and that estimated construction duration is seven calendar months. A supplemental agreement may be required to account for additional Resident Engineering services resulting from the Contractor working time in excess of the assumptions listed herein. An adjustment in Resident Engineering Services may result from a difference in anticipated work duration, modification to the construction contract time specified by change order, or delays in the construction caused by the Contractors delay in completing the work. Labor estimates for Resident Engineering services include an allowance for weather days and Saturday work days. When the Consultant provides on-site observation personnel as part of services during construction under this Agreement, the on-site observation personnel will make reasonable efforts to guard the City against defects and deficiencies in the work of the contractor(s), and to help determine if the provisions of the Contract Documents are being fulfilled. Their day-to-day observations will not, however cause the Consultant to be responsible for those duties and responsibilities which belong to the construction contractor(s), including but not limited to, full responsibility for the means, methods, techniques, sequences, and progress of construction, and the safety precautions incidental thereto, and for performing the construction work in accordance with the Contract Documents. 4 O:\PROJ\ 176290j02\administrative\contractlAgt-031405 -UnivExtS3-120 WDs.doc 3/14/05 Howard R. Green Company Project No. 176290-J02 University Avenue Extension Supplemental Agreement No. Three Dubuque, Iowa Task D - Samplina and Testina (Fee = $5.200) This task shall include sampling, measuring and testing for construction project quality. The objectives of this task will be to: 1.0 Determine whether the construction operations controlled by sampling and testing and materials used in the construction work are in reasonably close conformity with the approved plans and specifications. 2.0 Provide checks on reliability of acceptance sampling and testing through independent assurance sampling and testing by personnel not normally responsible for process control or acceptance. 3.0 Provide opportunity for timely remedial action when results of sampling and testing indicate materials used or proposed for use and the construction work accomplished or in progress are not in reasonably close conformity with the approved plans and specifications. Task E - Construction Survey (Fee = $28,540) The work tasks to be performed by the Consultant under Task E, Construction Survey, shall include qualified personnel, equipment, and supplies required for the following: 1.0 Grading: 1.01 Right-of-Way line between break points at 100 foot intervals. 1.02 Slope stakes at 100 foot intervals. 1.03 Grade checks 1 every 100 feet for subgrade treatments. 1.04 Finish Grade Stakes at 100 foot intervals. 1 .05 Cut or fill stakes to centerline elevation at 100 foot intervals. 1.06 Settlement plates including bench marks, location & weekly monitoring after initial 3-mbnth period. 2.0 Box Culvert: 2.01 Box centerline. 2.02 Parapet/wing wall. 2.03 Flow line elevations at inlet, outlet, and breaks. 3.0 Storm Sewer: 3.01 Centerline of structure and offset line and grade to flow lines and rim. 4.0 Right-of-Way Monumentation: 4.01 Set 10 property pins to monument right-of-way purchased for the project. 5.0 Miscellaneous Provisions: 5.01 Staking work for control, granular surfacing, silt fence, field fence, and other miscellaneous items are not included. This Scope of Service assumes the Construction Contractor will determine the layout/location of these items based on centerline and other staking described in Tasks 1.01 - 1.06 above. 5.02 The above tasks consists of providing one-time construction staking to establish the line and grade of the proposed improvements. 5 O:\PROJI 176290j02\administrativelcontractlAgt-031405 -UnivExtS3-120 WDs.doc 3/14/05 Howard R. Green Company Project No. 176290-J02 University Avenue Extension Supplemental Agreement No. Three Dubuque, Iowa Task F - Desian Coordination & Concept Plan Work (Fee = $7,230) The work tasks to be performed by the Consultant under Task F, Design Coordination & Concept Plan work, shall include qualified personnel, equipment, and supplies required for the following: 1.0 Additional Coordination: 1.01 Additional coordination to provide assistance to the City and Iowa D.O.T. to ensure the two project letting packages are successfully completed. This involves arranging, conducting & preparing action item lists for an estimated 15 meetings. 2.0 Concept Plan Work: 2.01 Concept plan work and cost estimation for the potential splitting of the paving project into two separate projects. The purpose for this work is to determine the feasibility of separating the bid package for the paving project into two in order that construction activities can begin as soon as possible. The two bid packages would involve one for a Temporary Connection which would accomplish the southern portion of the project and tee into the existing roadway with temporary pavement. 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