Southwest Arterial / US52 Project Corridor Right-of-Way ReplatCity of Dubuque
City Council Meeting
Consent Items # 11.
Copyrighted
March 21, 2022
ITEM TITLE: Southwest Arterial / US52 Project Corridor Right -of -Way Replat
Survey: AECOM - Consultant Professional Services Agreement
SUMMARY: City Manager recommending City Council authorize the City Manager to
execute a Professional Services Agreement with AECOM Technical
Services, Inc. to perform land survey and replating of property along the
Southwest Arterial / US52 Corridor from US Highway 20 to US Highway
61 / 151 to allow for the roadway and interchange property to be
conveyed from the City to the State of Iowa.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Southwest Arterial / US52 Project Corridor Right of City Manager Memo
Way Replat Survey-MVM Memo
Staff Memo Staff Memo
Professional Service Agreement Supporting Documentation
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
SUBJECT: Southwest Arterial / US52 Project Corridor Right -of -Way Replat Survey
AECOM - Consultant Professional Services Agreement
DATE: March 14, 2022
Assistant City Engineer Robert Schiesl is recommending City Council authorize the City
Manager to execute a Professional Services Agreement with AECOM Technical
Services, Inc. to perform land survey and replating of property along the Southwest
Arterial / US52 Corridor from US Highway 20 to US Highway 61 / 151 to allow for the
roadway and interchange property to be conveyed from the City to the State of Iowa.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
k�4
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
THE COF
Dubuque
DtUB E
All -America City
Masterpiece on the Mississippi
2017*20119
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
DATE: March 9, 2022
RE: Southwest Arterial / US52 Project Corridor Right -of -Way Replat Survey
AECOM - Consultant Professional Services Agreement
INTRODUCTION
The purpose of this memorandum is to provide information and request approval for the
City Manager to execute a Professional Services Agreement with AECOM Technical
Services, Inc. (AECOM) to perform land survey and replating of property along the
Southwest Arterial / US52 corridor from US Highway 20 to US Highway 61 / 151.
BACKGROUND
Now that the Southwest Arterial / US52 project is completed and per the terms of the
Memorandum of Understanding (MOU) and the Transfer of Roadway Jurisdiction (TOJ)
Agreements between the City and the Iowa Department of Transportation, the City is
responsible for the survey and replating of the highway corridor to allow for the roadway
and interchange property to be conveyed from the City to the State of Iowa.
AECOM was the design consultant and the Licensed Professional Land Surveyor of
record for the Southwest Arterial / US52 project. AECOM prepared and signed all the
plats for right-of-way property acquisition along the entire corridor.
Per the MOU, the City was the lead agency and responsible for the right-of-way
property acquisition along the Southwest Arterial corridor. When the properties were
purchased, said title ownership was acquired in the name of the City of Dubuque.
Per the TOJ, now that the project is completed, the City is responsible for the survey
and plating the highway access control right-of-way, plating the interchange locations,
plating right-of-way for the frontage roads, and identifying any potential excess remnant
parcels. Once the replating of the highway access control right-of-way is completed
from US 20 to US 61 / 151, the highway corridor property will be conveyed from the City
to the State of Iowa.
RECOMMENDATION
I recommend that the City Council authorize the City Manager to execute the Consultant
Professional Services with AECOM Technical Services, Inc. to perform land survey and
replating of property along the Southwest Arterial / US52 Corridor from US Highway 20
to US Highway 61 / 151.
BUDGETIMPACT
The estimated professional services fee for the highway corridor survey and replating of
property is as follows:
Description
Amount
AECOM - Corridor Right -of -Way Survey Services
$ 99,800
Project Funding
7 $ 99,800
The project funding summary is as follows:
CIP
Funding Source
Amount
3001287
Southwest Arterial
$ 99,800
Project Funding
$ 99,800
REQUESTED ACTION
The City Council is requested to authorize the City Manager to execute the Consultant
Professional Services with AECOM Technical Services, Inc. to perform land survey and
replating of property along the Southwest Arterial / US52 Corridor from US Highway 20
to US Highway 61 / 151 to allow for the roadway and interchange property to be
conveyed from the City to the State of Iowa.
cc: Jenny Larson, Director of Budget & Finance
�Com AECOM 319-232-tel
501 Sycamore Street 319-232-027, 0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
CITY OF DUBUQUE
SOUTHWEST ARTERIAL
RIGHT-OF-WAY SERVICES
PROFESSIONAL SERVICE AGREEMENT
This Agreement is made and entered by and between AECOM Technical Services, Inc., 501
Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Dubuque, 50
W. 13th Street, Dubuque, Iowa, hereinafter referred to as "CLIENT."
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as
follows:
SCOPE OF SERVICES
ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities
in accordance with the Scope of Services set forth in Exhibit A attached hereto.
II. ATS'S RESPONSIBILITIES
ATS shall, subject to the terms and provisions of this Agreement:
(a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and
with whom CLIENT may consult at all reasonable times, and whose instructions,
requests, and decisions will be binding upon ATS as to all matters pertaining to this
Agreement and the performance of the parties hereunder.
(b) Use all reasonable efforts to complete the Services within the time period mutually
agreed upon, except for reasons beyond its control.
(c) Perform the Services in accordance with generally accepted professional engineering
standards in existence at the time of performance of the Services. If during the two-
year period following the completion of Services, it is shown that there is an error in
the Services solely as a result of ATS's failure to meet these standards, ATS shall re -
perform such substandard Services as may be necessary to remedy such error at no
cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and
materials, or over competitive bidding and market conditions, ATS does not
guarantee the accuracy of any construction cost estimates as compared to
contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties
either express or implied and the parties' rights, liabilities, responsibilities and
remedies with respect to the quality of Services, including claims alleging negligence,
breach of warranty and breach of contract, shall be exclusively those set forth herein.
(d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require
from all vendors and subcontractors from which ATS procures equipment, materials
or services for the project, guarantees with respect to such equipment, materials and
services. All such guarantees shall be made available to CLIENT to the full extent of
the terms thereof. ATS's liability with respect to such equipment, and materials
obtained from vendors or services from subcontractors, shall be limited to procuring
guarantees from such vendors or subcontractors and rendering all reasonable
assistance to CLIENT for the purpose of enforcing the same.
AECOM
Page 2
(e) ATS will be providing estimates of costs to the CLIENT covering an extended period
of time. ATS does not have control over any such costs, including, but not limited to,
costs of labor, material, equipment or services furnished by others or over
competitive bidding, marketing or negotiating conditions, or construction contractors'
methods of determining their prices. Accordingly, it is acknowledged and understood
that any estimates, projections or opinions of probable project costs provided herein
by ATS are estimates only, made on the basis of ATS's experience and represent
ATS's reasonable judgment as a qualified professional. ATS does not guaranty that
proposals, bids or actual project costs will not vary from the opinions of probable
costs prepared by ATS, and the CLIENT waives any and all claims that it may have
against ATS as a result of any such variance.
III. CLIENT'S RESPONSIBILITIES
CLIENT shall at such times as may be required for the successful and expeditious completion
of the Services;
(a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary
approvals and permits required from all governmental authorities having jurisdiction
over the project; and designate a person with authority to act on CLIENT's behalf on
all matters concerning the Services.
(b) Furnish to ATS all existing studies, reports and other available data pertinent to the
Services, and obtain additional reports, data and services as may be required for the
project. ATS shall be entitled to rely upon all such information, data and the results of
such other services in performing its Services hereunder.
IV. INDEMNIFICATION
ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits,
actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys'
fees directly related thereto) for bodily injury or death of any person or damage to third party
property if and to the extent arising from the negligent errors or omissions or willful
misconduct of ATS during the performance of the Services hereunder.
V. INSURANCE
Commencing with the performance of the Services, and continuing until the earlier of
acceptance of the Services or termination of this Agreement, ATS shall maintain standard
insurance policies as follows:
(a) Workers' Compensation and/or all other Social Insurance in accordance with the
statutory requirements of the state having jurisdiction over ATS's employees who are
engaged in the Services, with Employer's Liability not less than One Hundred
Thousand Dollars ($100,000) each accident;
(b) Commercial General Bodily Injury and Property Damage Liability and Automobile
liability insurance including owned, non -owned, or hired, each in a combined single
limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and
property damage liability. This policy includes Contractual Liability coverage. ATS
agrees to name CLIENT as Additional Insured on this policy, but only to the extent of
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ATS's negligence under this Agreement and only to the extent of the insurance limits
specified herein.
(c) Professional Liability Insurance with limits of $1,000,000 per claim and in the
aggregate covering ATS against all sums which ATS may become legally obligated
to pay on account of any professional liability arising out of the performance of this
Agreement.
ATS agrees to provide CLIENT with certificates of insurance evidencing the above -described
coverage prior to the start of Services hereunder and annually thereafter if required. ATS
shall provide prompt notice to the CLIENT in the event of cancellation, material change, or
non -renewal per standard ISO Acord Form wording and the policy provisions.
VI. COMPENSATION AND TERMS OF PAYMENT
Compensation for the services shall be on a cost-plus fixed fee basis (fixed overhead rate).
Total compensation is a not -to -exceed fee of Ninety -Nine Thousand Eight Hundred Dollars
($99,800.00), as shown below and in attached documents.
Estimated Actual Costs $89,400.00
Fixed Fee 10,400.00
Contingency 0.00
Maximum Amount Payable $99,800.00
ATS may bill the Client monthly for services completed at the time of billing. CLIENT
agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof.
In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such
disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed
portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any
applicable statutory prompt pay provisions currently in effect.
VII. TERMINATION
CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14)
days written notice to ATS. The obligation to provide further Services under this Agreement
may be terminated by either party upon fourteen (14) days' written notice in the event of
substantial failure by the other party to perform in accordance with the terms hereof through
no fault of the terminating party, providing such defaulting party has not cured such failure, or,
in the event of a non -monetary default, commenced reasonable actions to cure such failure.
In either case, ATS will be paid for all expenses incurred and Services rendered to the date of
the termination in accordance with compensation terms of Article VI.
VIII. OWNERSHIP OF DOCUMENTS
(a) Sealed original drawings, specifications, final project specific calculations and other
instruments of service which ATS prepares and delivers to CLIENT pursuant to this
Agreement shall become the property of CLIENT when ATS has been compensated
for Services rendered. CLIENT shall have the right to use such instruments of
service solely for the purpose of the construction, operation and maintenance of the
Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole
risk without liability or legal exposure to ATS and CLIENT agrees to release, defend
and hold ATS harmless from and against all claims or suits asserted against ATS in
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the event such documents are used for a purpose different than originally prepared
even though such claims or suits may be based on allegations of negligence by ATS.
Nothing contained in this paragraph shall be construed as limiting or depriving ATS of
its rights to use its basic knowledge and skills to design or carry out other projects or
work for itself or others, whether or not such other projects or work are similar to the
work to be performed pursuant to this Agreement.
(b) Any files delivered in electronic medium may not work on systems and software
different than those with which they were originally produced and ATS makes no
warranty as to the compatibility of these files with any other system or software.
Because of the potential degradation of electronic medium over time, in the event of a
conflict between the sealed original drawings and the electronic files, the sealed
drawings will govern.
IX. MEANS AND METHODS
(a) ATS shall not have control or charge of and shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for safety measures and
programs including enforcement of Federal and State safety requirements, in
connection with construction work performed by CLIENT's construction contractors.
Nor shall ATS be responsible for the supervision of CLIENT's construction
contractors, subcontractors or of any of their employees, agents and representatives
of such contractors; or for inspecting machinery, construction equipment and tools
used and employed by contractors and subcontractors on CLIENT's construction
projects and shall not have the right to stop or reject work without the thorough
evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts
or omissions of CLIENT's construction contractors, subcontractors or any persons or
entities performing any of the construction work, or for the failure of any of them to
carry out construction work under contracts with CLIENT.
(b) In order that ATS may be fully protected against such third -party claims, CLIENT
agrees to obtain and maintain for the benefit of ATS the same indemnities and
insurance benefits obtained for the protection of the CLIENT from any contractor or
subcontractor working on the project and shall obtain from that
contractor/subcontractor insurance certificates evidencing ATS as an additional
named insured.
X. INDEPENDENT CONTRACTOR
ATS shall be an independent contractor with respect to the Services to be performed
hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed
to be the servants, employees, or agents of CLIENT.
XI. PRE-EXISTING CONDITIONS
Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and
liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre-
existing contamination" is any hazardous or toxic substance present at the site or sites
concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release,
defend, indemnify and hold ATS harmless from and against any and all liability which may in
any manner arise in any way directly or indirectly caused by such pre-existing contamination
except if such liability arises from ATS's sole negligence or willful misconduct.
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CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage,
transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT
shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look
to the disposal facility and/or transporter for any responsibility or liability arising from improper
disposal or transportation of such waste. ATS shall not have or exert any control over
CLIENT in CLIENT's obligations or responsibilities as a generator in the storage,
transportation, treatment or disposal of any pre-existing contamination. CLIENT shall
complete and execute any governmentally required forms relating to regulated activities
including, but not limited to generation, storage, handling, treatment, transportation, or
disposal of pre-existing contamination. In the event that ATS executes or completes any
governmentally required forms relating to regulated activities including but not limited to
storage, generation, treatment, transportation, handling or disposal of hazardous or toxic
materials, ATS shall be and be deemed to have acted as CLIENT's agent.
For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall
approve selection of the contractors to perform such services, all site locations, and provide
ATS with all necessary information regarding the presence of underground hazards, utilities,
structures and conditions at the site.
XII. LIMITATION OF LIABILITY
CLIENT agrees that ATS's liability for the act, error or omission in its performance of services
under this Agreement shall in no event exceed the amount of the total compensation received
by ATS. It is intended by the parties to this Agreement that ATS's services in connection with
the project anticipated herein shall not subject ATS's individual employees, officers, or
directors to any personal legal exposure for the risks associated with this project.
XIII. DISPUTE RESOLUTION
If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot
be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to
mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall
notify the other party in writing of the dispute desired to be mediated. If the parties are unable
to resolve their differences within 10 days of the receipt of such notice, such dispute shall be
submitted for mediation in accordance with the procedures and rules of the American
Arbitration Association (or any successor organization) then in effect. The deadline for
submitting the dispute to mediation can be changed if the parties mutually agree in writing to
extend the time between receipt of notice and submission to mediation. The expenses of the
mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This
requirement to seek mediation shall be a condition required before filing an action at law or in
equity. However, prior to or during the negotiations or the mediation either party may initiate
litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any
property liens or other rights it may have to obtain security for the payment of its invoices.
XIV. MISCELLANEOUS
(a) This Agreement constitutes the entire agreement between the parties hereto and
supersedes any oral or written representations, understandings, proposals, or
communications heretofore entered into by or on account of the parties and may not
be changed, modified, or amended except in writing signed by the parties hereto. In
the event of any conflict between this contract document and any of the exhibits
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hereto, the terms and provisions of this contract document shall control. In the event
of any conflict among the exhibits, the exhibit of the latest date shall control.
(b) This Agreement shall be governed by the laws of the State of Iowa.
(c) ATS may subcontract any portion of the Services to a subcontractor approved by
CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any
of its obligations under this Agreement.
(d) In no event shall either party be liable to the other for indirect or consequential
damages, including, but not limited to, loss of use, loss of profit or interruption of
business, whether arising in contract, tort (including negligence), statute, or strict
liability.
(e) In the event CLIENT uses a purchase order form to administer this Agreement, the
use of such form shall be for convenience purposes only, and any typed provision in
conflict with the terms of this Agreement and all preprinted terms and conditions
contained in or on such forms shall be deemed stricken and null and void.
(f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS
and does not create any third -party beneficiaries to the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year
written below.
APPROVED FOR CITY OF DUBUQUE
APPROVED FOR AECOM
Printed Name: Michael C. Van Milliaen Printed Name: Doualas W. Schindel. P.E
Title: City Manager Title: Associate Vice President
Date: March 22, 2022 Date: March 9, 2022
CITY OF DUBUQUE
SOUTHWEST ARTERIAL
RIGHT-OF-WAY SERVICES
EXHIBIT A
A. Project Description
The City of Dubuque obtained property for the construction of the Southwest Arterial, which
included an approximate 6-mile long, 4-lane freeway on new alignment with three new
interchanges. The property acquired included 56 different properties and 93 partial/total
acquisitions along US 20, across the rural southwest side of Dubuque, along US 61/151
and along Olde Davenport Road. During project development, the Iowa DOT and the City
of Dubuque agreed to a Memorandum of Understanding (MOU). The MOU described how
the Southwest Arterial became US 52, allowing for the Transfer of Jurisdiction of existing
US 52 through Dubuque from the Iowa DOT to the City of Dubuque and designating
Southwest Arterial as the new US 52. In the future, the right-of-way that is currently owned
by the City of Dubuque within the new US 52 right-of-way will need to be partitioned and
transferred to the Iowa DOT.
B. Scope of Services
The services provided under this agreement will include the preparation of plats and legal
descriptions to split various parcels to allow a partial transfer to the Iowa DOT. The
services also include preparing plats and legal descriptions of road right-of-way to be
transferred to Dubuque County. To establish the road right-of-way, the fence lines will be
field located, and locations will be identified within mapping and plats. The services are
further described below:
Task 1 - New Plats and Legal Descriptions. This task includes development of new plats
and legal descriptions for City of Dubuque -owned parcels that need to be deeded over to
the Iowa DOT for road right-of-way. It is estimated that approximately 40 new plats and
legal descriptions will be needed for this task.
Task 2 - Remainder Plats and Legal Descriptions. This task includes development of
plats and legal descriptions that properly describe the remaining property, which will remain
in City of Dubuque's ownership. It is estimated that approximately 22 new plats and legal
descriptions will be needed for this task.
Task 3 - Permanent Easements. This task includes the development of permanent
easement documents for permanent easements on various parcels that create a continuous
30' wide permanent easement corridor along the north side of Southwest Arterial. It is
estimated that 22 permanent easement plats and legal descriptions will be needed for this
task.
Task 4 - Revising Plats and Legal Descriptions (100% Transfers). This task includes
the revising of the existing plats and legal descriptions to transfer from the City of Dubuque
to the Iowa DOT or County. It is estimated that approximately 27 parcels will be revised for
this task.
Task 5 - Locating Access Control Fencing. This task includes surveying the location of
the access control fencing to assist in determining the location of the future right-of-way line
and permanent easement location.
Task 6 - Set New Right -of -Way Pins. This task includes setting the property pins for the
roadway right-of-way developed by the new plats.
Task 7 - Proiect Administration and Quality Control. This task includes internal
meetings, project meetings and other administrative activities. Also included are the quality
control tasks for the various submittals.
Note: See Tabulation of Parcels below.
L:\Secure_DCS\Administration\AGREE\PROF\Dubuque SW Arterial ROW Services.doc
Description of Estimated Right -Of -Way Work
Southwest Arterial
March 4, 2022
Partial Acquisition on Parcel
No.
Owned By
How Parcel to be Split
Locate Fence
Line
New Plat and
Legal
Description
Remainder
Document
Permanent
Easement
XX
State
City will Need RW for Menard's FR
X
69
1/4 Interest
1/4 Interest Transfer to the City?
97
City
Transfer to the State (100%)
101
City
Transfer to the State (100%)
107
City
Partial Transfer To the State
X
X
X
Need to Define PUE and Locate Fence.
X
X
108
City
Partial Transfer To the State
X
X
X
Need to Define PUE and Locate Fence.
X
X
110
State
City would like PUE.
X
X
X
Need to Locate Fence Line, Parial Transfer to City
112-1
City
Partial Transfer To the State
X
X
X
XX
City
State will Need RW of Seippel Road near Cousins Rd
Intersection through Parcel 112 up to AC Line
X
X
XX
County?
Portion of Cousins Road Needs to be Transferred to
State Since 112 Does not go to centerline.
X
X
113-1
City
Transfer to the State (100%)
113-2
City
Partial Transfer To the State.
X
X
X
Need Permanent Utility Easement
X
X
113-3
City
Partial Transfer To the State
X
X
X
XX
Seippel Rd. RW through 113 Needs Plat to State
Including Permanent Easement
X
X
X
114-1
City
Partial Transfer To the State (Acquisition 1)
X
X
X
Transfer to the State (100%) (Acquisition 2)
114-2
City
Transfer to the State (100%) (Acquisition 2)
Transfer to the State (100%) (Acquisition 3)
Transfer to the State (100%) (Acquisition 4)
117
City
No Transfer Needed
122
City
Transfer to the State (100%)
122A
City
Transfer to the State (100%)
124-1
City
Transfer to the State (100%)
X
Need Permanent Utility Easement
X
124-2
City
Transfer to the County Along English Mill Road?
124-3
City
Transfer to the State (100%)
X
Need Permanent Utility Easement
X
124-4
City
Transfer to the County Along English Mill Connector
Road?
125
City
Partial Transfer To the State
X
X
X
129-1
City
Transfer to the State
129-1(Add)
City
Additional Parcel to Transfer to the State (100%)
129-2
City
Transfer to the State (100%)
130-1
City
Transfer to the State (100%)
Need Permanent Utility Easement
X
X
City may want some property in the NW Corner of
Acquisition
X
X
133
City
Partial Transfer To the State
X
X
X
Need Permanent Utility Easement
X
X
Partial Transfer North Connector Road to County
X
X
Partial Transfer South Connector Road to County
X
X
139
City
Transfer to the State, Need Permanent Easement
X
140-1
City
RW north end of N Cascade Road. Transfer to the
County?
140-2
City
Partial Transfer to the State
X
X
X
Partial Acquisition on Parcel
No.
Owned By
How Parcel to be Split
Locate Fence
Line
New Plat and
Legal
Description
Remainder
Document
Permanent
Easement
Partial Transfer to the County for Access Rd. "A".
X
X
Need Permanent Utility Easement
X
X
142
City
Transfer to the County for N Cascade Rd RW
144-1
City
Transfer to the State
X
X
X
Transfer North Portion of NC Rd to County
X
X
Transfer South Portion of NC Rd to County
X
X
Need Permanent Utility Easement
X
X
144-2
City
No Transfer Needed
147
City
Transfer to the County for N Cascade Rd RW
148
City
Partial Transfer to the State
X
X
X
Partial Transfer to the County for Access Rd. "A".
X
X
Need Permanent Utility Easement
X
X
149
City
Transfer to the State (100%)
150A
City
Transfer to the State (100%)
150B
City
Partial Transfer to the State
X
X
X
151
City
Partial Transfer to the State
X
X
X
Need Permanent Utility Easement
X
X
1515
City
Transfer to the State (100%)
Recorded in
151A.1
City
Knepper Lane Partial Transfer to the State
X
X
X
Knepper Lane Partial Transfer to County for Access Rd.
"B"
X
X
Need Permanent Utility Easement
X
X
151A.2
City
Transfer to the County (100%)
152
City
Transfer to the State (100%) (Acquisition 1)
X
Need Permanent Utility Easement
X
X
161
City
Partial Transfer to the State
X
X
X
Partial Transfer to the County for Access Rd. "B".
X
X
Partial Transfer to the County for Military Rd. RW
X
X
169
City
Partial Transfer to the State
X
X
X
Need Permanent Utility Easement
X
1695
City
Transfer to the State (100%)
170
City
Partial Transfer to the State
X
X
X
Need Permanent Easement North Segment
X
X
Need Permanent Easement South Segment
X
X
Partial Transfer to the County for Conn Rd A
X
X
172
City
Partial Transfer to the State, City to Own Near Lambert
Property
X
X
X
Need Permanent Easement NE of SWA
X
X
173
City
Partial Transfer to the State, Lambert Property
X
X
X
174
City
Partial Transfer to the State, Lambert Property
X
X
X
175
City
Transfer to the State (100%)
176
City
Transfer to the State (100%)
Need Permanent Easement
X
X
184
City
Transfer to the County? (100%)
187
City
Transfer to the County? (100%)
188A
City
Transfer to the State (100%)
Need Permanent Easement
X
X
188B
City
Transfer to the State (100%)
194
City
Transfer to the County? (100%)
195A
City
Partial Transfer to the State
X
X
X
Partial Transfer to the County, Elmwood Drive
X
X
Partial Transfer to the County, O'Rourke Way
X
X
XXX
State
Transfer to County / City for Conn Rd B at Old
Intersection of Elmwood Road Across from Tamarack
X
X
40 22 22
Southwest Arterial
City of Dubuque, Iowa
Right -of -Way Services
COST ANALYSIS
Direct Labor Cost (AECOM Technical Services)
Category
Hours
Rate/Hour
Amount
1.0 Senior Professional
0
$96.75
$0.00
2.3 Project Professional
32
$72.52
$2,320.64
3.1 Staff Professional
296
$57.67
$17,070.32
4.0 Professional
0
$31.90
$0.00
5.2 CADD Operator II
158
$31.79
$5,022.82
6.2 CADD Operator 1
174
$25.96
$4,517.04
7.0 Senior Technician
0
$43.60
$0.00
8.3 Technician
112
$30.68
$3,436.16
9.2 Project Support
66
$35.09
$2,315.94
838
Payroll Burden and Overhead Costs (Fixed) 130.70%
Direct Project Expenses
Category
Units
Rate/Unit
Amount
Mileage
1600
0.585
936.00
Per Diem
22
50.00
1,100.00
Lodging
28
90.00
2,520.00
B/W Copies
1600
0.06
96.00
Color Copies
1000
0.22
220.00
EDM Equipment
20
12.50
250.00
GPS Equipment
50
25.00
1,250.00
Miscellaneous, Other - Inc's ATV
3,000.00
IV. AECOM Estimated Actual Costs
Rounded
V. Subcontract Expense
VI.
Estimated Actual Costs
VII.
Fixed Fee
Vill.
Contingency
$0.00
$34,682.92
$45,330.58
$9,372.00
$89,385.50
$89,400.00
$0.00
$89,400.00
$10,400.00
$0.00
IX. Maximum Amount Payable $99,800.00
Southwest Arterial
City of Dubuque, Iowa
Right -of -Way Services
Staff Hour Estimate
Description of Work
Senior
Prof
Project
Prof
Staff
Prof
Prof
CADD Op
11
CADD Op
1
Senior
Technician
Technician
Project
Support
Total
1 New Plats andLegal Descriptions.
84
62
62
14
222—
2. Remainder Plats and Legal.Descriptions.
-44
42
..-
40
40
6
128
3 Permanent Easements.
44
44
6
138
.............................................
4. Revising lai Legal.Descriptions..(l 00% Transfers).
.......
4
...
8
8
20
5. Locatinq_A— Control,Fencing, ............................
16
68
154
6. Set New. Right -of-Way .Pins
44
44
88
7. Project Administration and_ Quality. Control.
32
--
4
4
40
88
TOTAL HOURS
0
1 32
296
0
1 1581
1741
0
1 112
BB
838
ATTACHMENT
FIXED OVERHEAD RATE
FEES AND PAYMENTS
Fees. For full and complete compensation of all work, materials, and services furnished under the terms of this
Agreement, the Consultant shall be paid fees in the amount of the Consultant's actual cost plus applicable fixed fee
amount. The Consultant's actual costs shall include payments to any subconsultants. The estimated actual costs and
fixed fee are itemized in Attachment A. Subconsultant costs are not available for use by the prime Consultant or other
subconsultants. Contingency amount, if established, to provide for actual costs that exceed those estimated, is shown in
the Financial Parameters.
The nature of engineering services is such that actual costs are not completely determinate. Therefore, the Consultant
shall establish a procedure for comparing the actual costs incurred during the performance of the work to the estimated
actual costs listed above. The procedure will itemize prime consultant and subconsultant costs in association with each
scoped task. The purpose is to monitor these two elements and thus provide for early identification of any potential for the
actual costs exceeding the estimated actual costs. The procedure shall be used in a way that will allow enough lead time to
execute the paragraphs below without interrupting the work schedule.
It is understood by the City and the Consultant that the level and frequency of Progress Reporting shall be mutually
established for each project, taking into account the complexity and duration of the work to be performed. Unless
otherwise specified, progress reporting will be provided on a monthly basis.
The Consultant shall notify the City, via e-mail, when 85% of the authorized budget has been expended and include an
estimation of whether or not the remaining work can be completed within the budget available authorized amount
remaining or will exceed the estimated cost. If such is not the case, a statement of the Consultant's intent to pursue
additional funding or not should be included.
If additional funding is being pursued, and prior to exceeding the authorized amount, the Consultant should present
justification and acknowledgement received for extra work/overrun (prior to its being performed) and the amount
requested. If agreeable, the City could accommodate the extra work/overrun with a contingency release, if applicable,
presuming funds allow. (The reporting of an anticipated budget overrun does not constitute approval by the City of
funding for the overrun.) Any change in the maximum amount payable and any modification of the project budget can
only be accomplished with an amendment, work order, or supplemental agreement to the agreement.
It is possible that the Consultant's costs for the scoped tasks may need to exceed those shown in Attachment A. The
Consultant's and subconsultants' costs for scoped tasks shall not be exceeded without prior written authorization from the
Engineer. Costs for scoped tasks that exceed estimated costs, if approved by the Engineer, may be compensated via
Supplemental Agreement, Work Order, Amendment, or Contingency as detailed in the paragraphs below. If the
Consultant exceeds the estimated costs for scoped tasks for any reason before the Engineer is notified in writing, the
City will have the right, at its discretion, to deny compensation for that amount.
The fixed fee amount will not be changed unless there is a substantial reduction or increase in scope, character, or
complexity of the services covered by this Agreement or the time schedule is changed by the City. The adjustment to
fixed fee will consider both cumulative and aggregate changes in scope, character, or complexity of the services. Any
change in the fixed fee amount will be made by a Supplemental Agreement, Work Order, or Amendment.
If a contingency amount has been established and at any time during the work the Consultant determines that its actual
costs will exceed the estimated actual costs, thus necessitating the use of a contingency amount, it will promptly so notify
the Engineer in writing and describe what costs are causing the overrun and the reason. The Consultant shall not exceed
the estimated actual costs without the prior written approval of the Engineer. The City may audit the Consultant's cost
records prior to authorizing the use of a contingency amount.
The maximum amount payable will not be changed except for a change in the scope. If at any time it is determined that a
maximum amount payable will be or has been exceeded, the Consultant shall immediately so notify the Engineer in
writing. The maximum amount payable shall be changed by a Supplemental Agreement, Work Order, or Amendment.
The City may audit the Consultant's cost records prior to making a decision whether or not to increase the maximum
amount payable.
Reimbursable Costs. Reimbursable costs are the actual costs incurred by the Consultant which are attributable to the
specific work covered by this Agreement and allowable under the provisions of the Code of Federal Regulations (CFR),
Title 48, Federal Acquisition Regulations Systems, Subchapter E., Part 30 (when applicable), and Part 31, Section 31.105
and Subpart 31.2. In addition to Title 48 requirements, for meals to be eligible for reimbursement, an overnight stay will
be required. The Title 48 requirements include the following:
a. Salaries of the employees for time directly chargeable to work covered by the Agreement, and salaries of
principals for time they are productively engaged in work necessary to fulfill the terms of the Agreement.
b. Direct non -salary costs incurred in fulfilling the terms of this Agreement. The Consultant will be required to
submit a detailed listing of direct non -salary costs incurred and certify that such costs are not included in
overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges and
materials and supplies.
C. The indirect costs (salary related expenses and general overhead costs) to the extent that they are properly
allowable to the work covered by this Agreement. The Consultant has submitted to the City the overhead
percentage rate to be used for work accomplished for the duration of this contract as identified in Attachment
A.
Premium Overtime Pay. Premium overtime pay (pay over normal hourly pay) will not be allowed without written
authorization from the Engineer and shall not exceed 2 percent of the total direct salary cost.
Payments. Monthly payments shall be made based on the work completed and substantiated by monthly progress reports.
The report shall indicate the direct and indirect costs associated with the work completed during the month. The Engineer
will check such progress reports and payment will be made for the direct non -salary costs and salary and indirect costs
during said month, plus a portion of the fixed fee. Fixed fee will be calculated and progressively invoiced based on actual
costs incurred for the current billing cycle. Each invoice shall be accompanied with a monthly progress report which
details the tasks invoiced, estimated tasks to be billed on the next invoice, and any other contract tracking information.
Invoices shall clearly identify the beginning and ending dates of the prime's and subconsultant's billing cycles. All direct
and indirect costs incurred during the billing cycle shall be invoiced. Costs incurred from prior billing cycles and
previously not billed, will not be allowed for reimbursement unless approved by the Engineer.
Upon delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete
invoice statement of costs incurred and amounts earned. Payment of 100% of the invoice will be made upon receipt and
review of such claim. Final audit will determine correctness of all invoiced costs and final payment will be based upon
this audit. The Consultant agrees to reimburse the City for possible overpayment determined by final audit.