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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