SW Arterial Supplemental Agreement No. 13THE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Southwest Arterial Project
Consultant Professional Services - Supplemental Agreement
Final Engineering Design Phase - Scope of Work Modifications
Iowa DOT Project No. STP -U-2100 (634)--70-31
DATE: March 10, 2014
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
Assistant City Engineer Bob Schiesl recommends City Council approval of the
Consultant Professional Services Supplemental Agreement with AECOM Technical
Services, Inc. to include the completion of right-of-way property acquisition for the
Southwest Arterial Project, subject to the concurrence of the Iowa Department of
Transportation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Ws,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
THE CITY OF
DIIbu
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
Southwest Arterial Project
Consultant Professional Services - Supplemental Agreement
Final Engineering Design Phase - Scope of Work Modifications
Iowa DOT Project No. STP -U-2100 (634)--70-31
DATE: March 10, 2014
INTRODUCTION
Dubuque
bitetri
All -America City
1 r
2007 • 2012 • 2013
The enclosed resolution authorizes the Mayor to execute a supplemental agreement
with AECOM Technical Services, Inc. (AECOM) which approves revisions to the original
scope of services to the Consultant Professional Services Contract to include the
completion of right-of-way property acquisition for the Southwest Arterial Project.
BACKGROUND
On March 2, 2009 the City Council approved (Res. 87-09) the selection of AECOM
(Waterloo, Iowa) to provide the final engineering design for the Southwest Arterial
Project. The initial agreement included: the final engineering design; preparation of
construction documents; geotechnical investigation; architectural and landscape
enhancements; archaeological and cultural resources mitigation; public involvement;
agency coordination and construction engineering services.
The original AECOM Consultant Professional Services contract did not include services
for right-of-way property acquisition. This was a result of the signed joint partnership
agreement between the City and the Iowa Department of Transportation (Iowa DOT) to
perform right-of-way property acquisition services for the Southwest Arterial Project.
Since that time, the City and Iowa DOT property acquisition staff completed the
purchase of 26 of the 52 impacted properties. As of March 2014, the City has expended
approximately $5.86 million in property acquisition costs.
Based on recent staffing level changes at the Iowa DOT Office of Right -of -Way, the
Iowa DOT has informed the City that they will no longer be able to assist the City with
services for right-of-way property acquisition. As a result, the City has elected to modify
the original scope of services to include retaining the services of JCG Land Services to
perform the remaining right-of-way property acquisition services to continue to advance
the completion of the Southwest Arterial Project.
DISCUSSION
The Consultant Professional Services - Supplemental Agreement authorizes AECOM to
provide the revised scope of services to continue to advance the completion of the final
engineering design phase in accordance with Iowa DOT and FHWA procedures and
requirements.
As a result of adding JCG Land Services to perform the remaining property acquisition
services, the original scope of services needs to be revised to reflect the following
changes:
Based on the supplemental agreement with AECOM, the City will be responsible for
contracting the following acquisition related work tasks:
• Acquisition Appraisals
• Review Appraisals
AECOM / JCG Land Services will be responsible for completing the following acquisition
phases:
• Right -of -Way Negotiations and Acquisition
• Relocation Assistance
• Title and Closing Services
In the event that good faith negotiations fail and eminent domain proceedings are
initiated, the City will be responsible for handling all condemnation services, if required.
RECOMMENDATION
I recommend that the City Council authorize the Mayor to execute the Consultant
Professional Services - Supplemental Agreement with AECOM Technical Services, Inc.
for the final engineering design phase of the Southwest Arterial project, subject to the
concurrence of the Iowa Department of Transportation.
BUDGET IMPACT
The estimated professional services fee for the proposed design and plan modifications
to the original scope of services for the final design phase of the Southwest Arterial
project is as follows:
The project funding summary is as follows:
CIP
Descri 'tion
Amount
3001287
Supplemental Agreement No. 13 - Add Property Acquisition Service
$ 131,110
3001287
Total Project Cost
$ 131.110
The project funding summary is as follows:
CIP
Funding Source
Amount
3001287
Federal SAFETEA-LU Funding (80%)
$ 104,888
3001287
Local Funding (20%)
26,222
Total Project Funding
$ 131.110
ACTION TO BE TAKEN
The City Council is requested to authorize the Mayor to execute the Consultant
Professional Services - Supplemental Agreement with AECOM Technical Services, Inc.
to include the completion of right-of-way property acquisition for the Southwest Arterial
Project, subject to the concurrence of the Iowa Department of Transportation through
adoption of the enclosed resolution.
Prepared by Robert Schiesl, Assistant City Engineer
cc: Jenny Larson, Budget Director
Kent Ellis, Iowa DOT
Bob Lentz, AECOM
F:\PROJECTS\SW ARTERIAL - IA HYW 32\AECOM FE CONTRACT\SW Arterial AECOM FE Consultant Agreement Suppl No. 13 -
Council Approval Memo.doc
RESOLUTION NO. 76-14
RESOLUTION APPROVING THE CONSULTANT PROFESSIONAL SERVICES -
SUPPLEMENTAL AGREEMENT NO. 13 BETWEEN AECOM TECHNICAL
SERVICES, INC. AND THE CITY OF DUBUQUE FOR THE COMPLETION OF RIGHT-
OF-WAY PROPERTY ACQUISITION FOR THE SOUTHWEST ARTERIAL PROJECT
Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project,
from U.S. Highway 20 to U.S. Highway 151/61, in Dubuque, Iowa; and
Whereas, based on recent staffing level changes at the Iowa Department of
Transportation (Iowa DOT) Office of Right -of -Way, the Iowa DOT informed the City that
they will no longer be able to assist the City with services for right-of-way property
acquisition for the Southwest Arterial Project.
Whereas, as a result, the City has elected to modify the original AECOM
Consultant Professional Services contract to include retaining the services of JCG Land
Services to provide right-of-way property acquisition services to continue to advance the
completion of the Southwest Arterial Project.
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. 11 between AECOM Technical Services, Inc. and the City of Dubuque for the
completion of right-of-way property acquisition for the Southwest Arterial project is
hereby approved, subject to the concurrence of the Iowa Department of Transportation.
Section 2. That the Mayor be authorized and directed to execute three copies of
said Consultant Professional Services - Supplemental Agreement with AECOM
Technical Services, Inc. for the completion of. right-of-way property acquisition for the
Southwest Arterial project.
Passed, approved and adopted this 17th day of March, 201
Attest:
Ke in S. Firns ahl, ity Clerk
Roy D. Buol, Mayor
A=COM
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
SOUTHWEST ARTERIAL
FROM SEIPPEL ROAD TO OLDE DAVENPORT ROAD
DUBUQUE, IOWA
SUPPLEMENTAL AGREEMENT NO. 13
WHEREAS, a Professional Services Agreem ent was entered into by the City of Dubuque, Iowa (Owner),
and AECOM Technical Services, Inc. (Consultant), of Waterloo, Iowa, dated May 8, 2009, for the
preparation of final design, plans, specifications and estimates, as well as right-of-way property
acquisition, final soils investigation, archaeological and cultural resources Phase III mitigation, public
involvement, agency coordination and construction -phase services for the Dubuque Southwest Arterial
which includes a new 4 -lane freeway between Seippel Road and Olde Davenport Road in Dubuque,
Iowa, in accordance with the preliminary plans completed in March 2008; and
WHEREAS, the Owner and Consultant modified the original Scope of Services to include a Value
Engineering Workshop as part of Task No. 3 (Initial Value Engineering Review) in the original
agreement on July 27, 2009, said document included as Attachment C; and
WHEREAS, the Owner and Consultant entered into Supplemental Agreement No. 1 dated August 27,
2009, for the preparation of final design, plan, specifications and estimates, right-of-way property
acquisition, final soils investigation, archaeological and cultural resources Phase III mitigation, public
involvement and agency coordination for the portion of the project not included in the previous
agreement; and
WHEREAS, the Owner and Consultant entered into Supplemental Agreement No. 2 dated October 21,
2009, for supplemental Phase 1 archaeological investigation of the Oberbroeckling property in Dubuque
County, Iowa; and
WHEREAS, the Owner and Consultant entered into Supplemental Agreement No. 3 dated March 10,
2010, to include revisions in the previous Scope of Services based on recent changes in the design
concept as a result of a Value Engineering Study of the project and the Owner's desire to extend the
recreational trail beyond the previous limits; and
WHEREAS, the Owner and Consultant entered into Supplemental Agreement No. 4 dated August 24,
2010, to include engineering services during the construction phase of the North Cascade Road portion
of the project; and
WHEREAS, the Owner and Consultant entered into Supplemental Agreement No. 5 dated September
27, 2010, to include revisions in the previous Scope of Services based on recent changes in the design
concept as a result of ongoing review and value engineering activities; and
WHEREAS, the Owner and Consultant entered into Supplemental Agreement No. 6 dated October 19,
2010, to include construction staking for the North Cascade Road portion of the project; and
WHEREAS, the Owner and Consultant entered into Supplemental Agreement No. 7 dated March 4,
2011, to include revisions in the previous Scope of Services based on recent changes in the design
concept as a result of ongoing review, the public informational meeting and value engineering activities;
and
WHEREAS, the Owner and Consultant entered into Supplemental Agreement No. 8 dated February 28,
2011, to include engineering services during construction phase of the North Cascade Road Bridge
portion of the project; and
A=COM
Page 2
WHEREAS, the Owner and Consultant entered into Supplemental Agreement No. 9 dated July 1, 2011,
to include roundabout intersection peer review and design revisions and the preparation of legal plats
and descriptions for temporary construction easements, and
WHEREAS, the Owner and Consultant entered into Supplemental Agreement No. 10 dated
September 12, 2011, to increase the hours for Construction Observation estimated for the North
Cascade Road Bridge portion of the project authorized in Supplemental Agreement No. 8; and
WHEREAS, the Owner and Consultant entered into Supplemental Agreement No. 11 dated July 23,
2012, to amend the previous agreements to include design revisions that have been requested by the
City since the original Scope of Services was prepared and the shifting of certain activities among firms
on the Design Team; and
WHEREAS, the Owner and Consultant entered into Supplemental Agreement No. 12 dated January 3,
2013, to modify the construction engineering scope for the North Cascade Road project; and
WHEREAS, the Owner and Consultant desire to amend the previous agreem ents to include right-of-way
acquisition services that have been requested by the City since the previous Scope of Services was
prepared.
NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as
follows:
I. SCOPE OF SERVICES
The services to be provided for the project under this Agreement will include additional activities
that have been requested by the Owner and which are beyond the scope of the existing
agreements. The following tasks are included, which will be completed by JCG Land Services:
JCG Land Services Scope of Services
Right -of -Way Acquisition Services. JCG's Scope of Services for the Southwest Arterial project
for the City of Dubuque is calculated based on the completion of right-of-way acquisition
services for twenty-six (26) parcels. JCG will obtain the parcel files from the Iowa DOT and will
complete the right-of-way acquisition work for each parcel. This work will include the following
items for each parcel:
Task 1 - Project Management
JCG shall serve as the Owner's professional representative in the performance of the scope of
work described in this Agreement. JCG will provide the level of supervision of its employees,
agents and subcontractors necessary to insure work is performed in compliance with all
applicable State and Federal laws, rules and regulations pertaining to the acquisition of property
rights for public improvement projects.
JCG shall, upon request, attend the Owner's scheduled production or work progress meetings,
resolve or recommend solutions to technical or professional right-of-way issues, make
recommendations to accept, reject or require additions or revisions to right-of-way work
products, supervise the work of JCG's personnel assigned to the project, respond to inquiries or
requests for information made by the Owner, and deliver records and files as required by this
Agreement. JCG will submit bi-weekly project status reports which will contain the percentage
of tasks complete and outstanding issues to resolve.
A=COM
Page 3
Task 2 - Title Reports
Record of ownership and liens will be obtained from a local abstract company for 26 parcels.
Task 3 - Compensation Valuations and Documents
If the proposed acquisition for any parcel is complicated and/or estimated to exceed
$10,000.00, the Owner will provide the appraisal products and appraisal review products as
required by Section 6B.54(3) of the Iowa Code. For uncomplicated acquisitions with
compensation anticipated to be less than $10,000.00 per parcel, JCG will prepare
Compensation Estimates to allocate Just Compensation.
Task 4 - Acquisition
Forms of transfer documents, purchase agreements and other applicable materials will be
approved by the Owner and prepared by JCG. Warranty Deeds for the fee acquisition closing
will be prepared and provided by the Owner. JCG shall deliver completed documents and
parcel -specific materials and information to each owner and tenant and make a good faith effort
to negotiate the purchase of the land, or interests in the land, needed for the project. JCG shall
make at least four personal contacts with the resident property owners, tenants and/or their
legal representative to explain the effect of the acquisition, answer questions and make a
written offer to acquire the right-of-way. Nonresident landowners shall be contacted by mail,
return receipt requested, if necessary. If an agreement cannot be reached with a property
owner through good faith negotiations, JCG shall consider any evidence of value or an
appraisal provided by the landowner; report landowner counteroffers; and/or make a
recommendation whether a settlement should be attempted at an amount other than that
previously offered. No action shall be taken based on such recommendations until it has been
approved by the Owner.
Negotiations shall be considered complete upon occurrence of one of the following: (1) both
the owner and tenant accept the offer or an administrative settlement, or (2) either the owner or
tenant fails or refuses to sign the offer or administrative settlement, or (3) in the judgment of
JCG, the negotiations have reached an impasse.
For every parcel on which negotiations have reached an impasse or that cannot be acquired by
negotiated agreement, JCG shall deliver as much of the file to the Owner as is necessary to
begin preparation for the Owner's condemnation of the parcel.
Task 5 - Closing
Payment information will be provided with each completed parcel file turned in to the Owner
after the closing process has been performed by JCG.
JCG shall complete the following closing process for simple partial acquisitions with few title
issues and few acquisition issues:
• Review, for quality control purposes, completed Purchase Agreements for each file to:
ROW design plans, Design Summary Sheets & Plot Plans, acquisition plats and legal
descriptions, Appraisal and Review Appraisal Reports, Report of Liens, and public
records for judgments, mortgages, taxes and liens against the property and/or owner.
• Prepare Purchase Agreements, Easements, etc., Closing Statements, Allocation of
Proceeds, W-9, Mortgage Release, and other necessary documents, as necessary.
A=COM
Page 4
Complex acquisitions (total acquisition, high dollar, abstract issues) may have more issues and
require JCG to prepare and acquire signatures on any necessary documents needed to clear
title.
Task 6 - Relocation Assistance
It has been determined that Relocation Assistance is deemed necessary for three (3) residential
parcels and one (1) business parcel. JCG shall perform all tasks and processes for displaced
owners and/or tenants affected by this project as determined by the Iowa Code.
Task 7 - Condemnation Support
JCG will be represented at the condemnation hearings for an estimated five (5) parcels.
Additional work associated with the condemnation process, if requested by the Owner, will be
added as a supplemental agreement.
II. TIME OF BEGINNING AND COMPLETION
Work under this Supplemental Agreement No. 13 is authorized to begin upon receipt of written
Notice to Proceed. The work under this agreement shall be in accordance with the schedule of
the previous associated agreements, which is extended from June 30, 2014, to December 31,
2015.
111. COMPENSATION
The consultant shall be reimbursed for actual costs incurred in accordance with Article 3 of the
original agreement.
The Estimated Actual Cost, Fixed Fee, Contingency and Maximum Amount Payable for this
supplemental agreement, as stated below and as shown in Attachment A, are to be integrated
with those covered under the original agreement and Supplemental Agreement Nos. 1, 2, 3, 5,
7, 9 and 11.
Estimated Actual Costs
Fixed Fee
Contingency
Maximum Amount Payable
Estimated Actual Costs
Fixed Fee
Contingency
Maximum Amount Payable
Estimated Actual Costs
Fixed Fee
Contingency
Maximum Amount Payable
Base
Agreement
$391,700.00
22,500.00
38,400.00
$452,600.00
S.A. No. 3
$175,200.00
14,000.00
(2,400.00)
$186,800.00
S.A. No. 11
$323,500.00
3,200.00
(151,900.00)
$174,800.00
Value Eng.
Modification
$56,200.00
5,200.00
5,500.00
$66,900.00
S.A. No. 5
$233,600.00
28,400.00
0.00
$262,000.00
S.A. No. 13
$121,110.00
0.00
10,000.00
$131,110.00
S.A. No. 1
$7,978,200.00
427,000.00
761,900.00
$9,167,100.00
S.A. No. 7
$334,600.00
11,000.00
0.00
$345,600.00
Total Amount
$ 9,748,810.00
516,600.00
670,100.00
$10,935,510.00
S.A. No. 2
$19,900.00
0.00
2,000.00
$21,900.00
S.A. No. 9
$114,800.00
5,300.00
6,600.00
$126,700.00
AECOM
Page 5
IV. In other aspects, the obligations of the Owner and Consultant shall remain as specified in the
Professional Services Agreement dated May 8, 2009, and subsequent amendments.
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 13 as of
the dates shown below:
AECOM TECHNICAL SERVICES, INC.
By Date
Douglas W. Schindel, P.E.
Associate Vice President
CITY OF DUBUUE, IOWA
By
Roy D. Buol
Mayor
IOWA DEPARTMENT OF TRANSPORTATION
ACCEPTED FOR FHWA AUTHORIZATION*
Date *i9/1
By Date
Kent L. Ellis, P.E.
Local Systems Engineer
District 6
*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.
L:\work\ADMI N\AGREE\SUPPLE\SA13DubuqueSWArt.doc
Southwest Arterial Final Design
City of Dubuque, Iowa
Supplemental Agreement No. 13
COST ANALYSIS
Direct Labor Cost (AECOM Technical Services)
Category Hours Rate/Hour Amount
Senior Professional 0 $85.30 $0.00
Project Professional 0 $61.00 $0.00
Staff Professional 0 $41.00 $0.00
CADD Operator!! 0 $30.60 $0.00
CADD Operator! 0 $21.75 $0.00
Project Support 0 $27.75 $0.00
0
Attachment A
$0.00
11. Payroll Burden and Overhead Provisional Costs 153.40% $0.00
III. Direct Project Expenses
Category Units Rate/Unit Amount
Mileage 0 0.56 0.00
Per Diem 0 40.00 0.00
Lodging 0 80.00 0.00
B/W Copies 0 0.06 0.00
Color Copies 0 0.22 0.00
EDM Equipment 0 12.50 0.00
GPS Equipment 0 25.00 0.00
Miscellaneous, Other 0.00 $0.00
IV. AECOM Estimated Actual Costs $0.00
Rounded $0.00
V. Subcontract Expense $121,110.00
JCG Land Services
VI. Estimated Actual Costs $121,110.00
VII. Fixed Fee $0.00
VIII. Contingency
JCG Land Services $10,000.00
IX. Maximum Amount Payable $131,110.00
Attachment A
Southwest Arterial Final Design
City of Dubuque, Iowa
Supplemental Agreement No. 13
JCG Land Services, Inc.
Staff Hour Estimate
Description of Work
ROW
Agent
Proj.
Man.
Total
1 Project Management
0
89
89
2 Title Reports (By Others)
0
0
0
3 Compensation Valuations and Documents
65
0
65
4 Acquisition
650
0
650
5......Closin9................................................................................................................................................................................................................................................156...........................................
0......................................................156
6 Relocation Assistance
0
305
305
7 Condemnation Support
0
40
40
TOTAL HOURS
871
434
1,305
Rate Per Hour
$75.00
$85.00
Direct Labor Amount
$65,325.00
$36,890.00
$102,215.00
Total Direct Labor
Direct Expense Costs
Record of Ownership and Lien Reports (26@$125)
Lodging (26 Nights @ $100/Nt)
Mileage (19,140 Mi. @ $0.56)
360 mi/trip x 52 Trips = 18,720
On Site - 20 mi/wk. x 21 Weeks = 420
Per Diem (52 days @ $41/Day)
Miscellaneous
Total Estimated Costs
Contingency
Maximum Amount Payable
$3,250.00
$2,600.00
$10,718.40
$2,132.00
$194.60
$102,215.00
$18,895.00
$121,110.00
$10,000.00
$131,110.00