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Signed Contracts_McCullough & Associates WPCP Project Schedule AnalysisTHE CITY OF DUB Masterpiece on the Miss TO: Michael C. Van Milligen, City Manager FROM: Steve Sampson Brown, Project Manager SUBJECT: Water Pollution Control Plant Modifications Project Schedule Analysis Dubuque �t7 All-America City 2007 DATE: December 20, 2011 INTRODUCTION This memorandum is to request approval to utilize McCullough & Associates (McCullough) of Dallas, Texas, to evaluate the existing schedule in relation to the requested extension by the primary contractor of the Water Pollution Control Plant Modifications Project (Project), Miron Construction, Inc. (Miron). BACKGROUND Miron has requested the City's consideration of a 152 working -day extension to the contract's completion date: 130 working days due to wind and heavy rainfall event damage; and 22 working days due to petroleum- contaminated soils. The current timeline for substantial completion is July, 2013, with full completion by fall, 2013. McCullough will also conduct monthly reviews of work completed by Miron and advise the City if work productivity is being maintained when compared to the approved project schedule. DISCUSSION McCullough & Associates is a construction consulting firm that specializes in project scheduling evaluation. It is felt that this evaluation would be best completed by McCullough versus having the construction administrator, Strand Associates, Inc. perform this work. The December 16, 2011 letter of engagement has been reviewed and approved by City Attorney Barry Lindahl. (Note attachment.) Finance Director Ken TeKippe is in the process of reviewing the certificate of liability insurance. BUDGET IMPACT McCullough's work will be performed on an hourly basis, plus expenses, not to exceed $50,000 without written authorization from the City of Dubuque. T i: :n-. t.JGY i6:: G c11_ . _,c 1GU from the contingency of \,V 4 1PCP Modifications Project (CIP 7101837), with a current balance of $843,560.93. ACTION TO BE TAKEN The execution of the McCullough & Associates letter of engagement is requested. After execution, please return to the Engineering office for further processing. cc: Jenny Larson, Budget Director Jonathon Brown, WPCP Manager Gus Psihoyos, City Engineer Attach. K: \PROJECTS \Water Pollution Control Plant Replacement \_PSA Negotiations \McCullough & Associates\2011 12 -20 -11 MVM Memo re McCullough & Associates Letter of Engagement.doc 2 MCCULLOUGH & ASSOCIATES CONSTRUCTION CONSULTING December 16, 2011 Steve Sampson Brown Project Manager City of Dubuque 50 West 13th Street Dubuque, IA 52001 Re: City of Dubuque Water Pollution Control Plant Schedule Analysis Dear Steve: This letter will confirm the engagement of McCullough & Associates as a scheduling consultant in connection with the City of Dubuque Water Pollution Control Plant project effective on the date this letter is accepted and signed by you. Specific Engagement The services to be performed by McCullough & Associates may include any and all consulting services necessary to assist the City in evaluating the schedules with respect to the project referenced above and includes any such services as requested by the City. Should the City decide that Robert B. McCullough will become a testifying expert, the services will include, but are not limited to, deposition and trial testimony and will continue under this same agreement. Fees and Expenses This work will be performed on an hourly fee basis, plus expenses, not to exceed $50,000 without written authorization from the City of Dubuque. The billing rates for this assignment are as reflected in McCullough & Associates' Fee and Expense Schedule, which is attached. We expect to bill fees ranging from $60 -$250 per hour. My current hourly rate is $250. It is mutually understood that it is difficult to estimate the amount of time that this engagement may require. The time involved is dependent on a number of factors, including the extent and nature of available information and certain developments that 4100 Spring Valley Road, Suite 750 * Dallas, Texas 75244 (972) 385 -3158 * fax (972) 385 -3159 * e -mail rob @mccullough- group.com Mr. Steve Brown December 16, 2011 Page 2 may occur during the engagement. As you will no doubt appreciate, the cost for our services will be greatly influenced by the quality and condition of the support documents needed to do the analysis. Payment Terms The City of Dubuque will be responsible for paying McCullough & Associates' fees in monthly basis. McCullough & Associates reserves the right to suspend work on projects with past due accounts. The City of Dubuque or McCullough & Associates may terminate this engagement for any reason or for good cause upon one week's written notice. We look forward to the opportunity of working with you on this case and believe that this letter accurately summarizes the significant terms of our engagement. If you have any questions, please do not hesitate to contact me. If this letter meets with your approval, please return a signed copy to me. Yours very truly, If Robert B. McCullough, PE, CCU; CFCC, CDT President ACCEPTED & AGREED TO: City of Dubuque By: Title: Attachments: Billing Policy, Fee & Expense Schedule MCCULLOUGH & ASSOCIATES CONSTRUCTION CONSULTING BILLING POLICY Fees and Expenses: Billings are issued monthly. Payment is due within 30 days of the date of the invoice. Each billing will include itemization of all time and charges. Rates are reviewed annually and will change at that time. Long Distance Telephone: Billings are issued monthly. This will include long distance charges plus local and federal taxes. Reproduction and Materials: Billings are issued monthly. Reproduction costs will be per copy (see schedule) on work in- house. Material charges (graphics, outside copying, binders, etc.) will be billed at cost. Past Due Accounts: Billings will be considered past due when payment is not received by the 30th day from the billing date. McCullough & Associates reserves the right to suspend work on projects with past due accounts. Any questions regarding billing should be directed to our office at (972) 385 -3158. All checks should be payable to the following address: McCullough & Associates 4100 Spring Valley Rd., Suite 750 Dallas, TX 75244 972 -385 -3158 972 - 385 -3159 fax 4100 Spring Valley Road, Suite 750 * Dallas, Texas 75244 (972) 385 -3158 * fax (972) 385 -3159 * e -mail rob@mccullough- group.com MCCULLOUGH & ASSOCIATES CONSTRUCTION CONSULTING FEE AND EXPENSE SCHEDULE rrincivaia: Robert McCullough, PE, CCE, CFCC, CDT $250/Hour Senior Consultants: $125- $245/Hour Technical Associate: $70- $135/Hour Non - Technical Associate: $30- $65/Hour Expenses: Travel We bill actual expenses for all travel. Telephone Actual expense Reproduction $0.15 per copy Document and report organization - actual cost of all supplies necessary to organize, copy and file. All other specialized expenses will be billed at actual cost. Rates are reviewed annually and will change at that time. 4100 Spring Valley Road, Suite 750 * Dallas, Texas 75244 (972) 385 -3158 * fax (972) 385 -3159 * e -mail rob@mccullough- group.com