Dubuque Industrial Center West 3rd Addition Engineering Contract
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MEMORANDUM
August 30, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Engineering Contract Amendment for Dubuque Industrial Center West 3rd
Addition
Economic Development Director David Heiar recommends City Council approval of
Amendment #7 to the engineering contract with IIW Engineers & Surveyors, P.C. for
work associated with the development of the Dubuque Industrial Center West 3rd
Addition. This contract amendment places upper limits (not-to-exceed) amounts within
our engineering contract and provides for a revised scope of services based on
changes that have occurred since the initial contract was approved in the amount of
$188,380.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen -
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
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THE CITY OF L'~
DuBUQUE
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MEMORANDUM
August 30, 2005
TO: Michael Van Milligen, City Manager
FROM: David J. Heiar. Economic Development Director ~0'-1'
SUBJECT: Engineering Contract Amendment for Dubuque Industrial Center West
3rd Addition
INTRODUCTION
In July 2004 the City Council approved a contract with IIW Engineering & Surveyors,
P.C. for engineering work associated with the development of the Dubuque Industrial
Center West 3rd Addition. The contract was divided into several phases to encompass
the scope of services requested in the original Request for Proposal and as requested
by the previous Economic Development Director, Bill Baum. Compensation for design
was provided as a lump sum, and compensation for construction services was indicated
as hourly as requested in the original Request for Proposal, but did not place an upper
limit on the amount. Since the agreement was approved over a year ago, the scope of
services has changed. Most of the changes were associated with the site being
discussed with a specific company, the rail road spur revisions, the decision on how to
handle staking costs, and resident construction services requested by City staff.
DISCUSSION
The proposed contract amendment places upper limits (not-to-exceed) amounts within
our engineering contract and provides for a revised scope of services based on
changes that have occurred since the initial contract was approved. Engineering
services included work on Contract A (grading) and Contract B (street/utilities). IIW has
provided a Professional Fee Summary sheet to track the original contract and contract
amendments to date relative to construction cost. The scope of service and associated
fees for this project are consistent with recommendations put forth by the American
Society of Civil Engineers, and the National Society of Professional Engineers based on
information provided by IIW, as well as those services requested by City staff.
August 29, 2005
Mr. David Heiar
Economic Development Director
City of Dubuque Economic Development Department
50 West 131h Street
Dubuque,IA 52001-4845
Re: Contract Amendment #7 for Engineering Services
Dubuque Industrial Center West 3rd Addition
IIW Project No: 04119
Dear David:
IIW Engineers & Surveyors, P.C. has prepared the following amendments to our agreement
dated the 1 sl of July, 2004, for the above referenced project as requested in our meeting on
July 21 st, 2005 and subsequent correspondence.
AMENDMENT #7
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE
CITY OF DUBUQUE, IOWA
AND
IIW ENGINEERS & SURVEYORS, P.C.
FOR DESIGN, CONSULTING, AND ENGINEERING SERVICES FOR
DUBUQUE INDUSTRIAL CENTER WEST 3RD ADDITION
IIW PROJECT No. 04119
PART I - SCOPE OF SERVICES
04119-04 Contract A and Contract B Basic Construction Services
The agreement between IIW and the City of Dubuque dated July 1st, 2004 included
administration and observation of project construction with compensation on an hourly basis
in accordance with the Request for Proposal. This contract amendment supplements the
agreement and clarifies the scope of services for basic construction services. The City of
Dubuque has requested IIW provide the following basic construction services for both
Contract A and Contract B:
1. Project administration including scheduling, coordination, and project
corres pondence.
2. Pre-construction meeting.
3. Review shop drawings.
4. Periodic site visits by the Project Engineer.
5. Consult, advise, and represent the City of Dubuque.
Mr. David Heiar
August 29th, 2005
Page 2 of6
6. Inform the City of Dubuque on the progress and quality of work and review payment applications.
7. Provide substantial completion and final inspections.
8. Interpret the drawings and specifications, and issue clarifications and instruction to contractors.
9. Prepare change orders.
04119-04 Contract A and Contract B Resident Construction Services
The agreement between IIW and the City of Dubuque dated July I S\ 2004 included administration and
observation of project construction with compensation on an hourly basis in accordance with the Request for
Proposal. This contract amendment supplements the agreement and clarifies the scope of services for resident
construction services. The City of Dubuque has requested IIW provide the following resident construction
services for both Contract A and Contract B:
I. Project administration including scheduling, coordination, and project correspondence.
2. Weekly construction progress meetings.
3. Construction observation and preparation of construction observation reports.
4. Material sampling, testing, and preparation of material test reports.
5. Topographic surveying, data reduction, and calculation of quantities for earthwork pay items.
04119-04A Contract A Mass Grading Construction Staking
The agreement between IIW and the City of Dubuque dated July 1 S\ 2004 included survey staking during
construction as an extra service. The contract documents for Contract A Mass Grading included construction
staking as the responsibility of the contractor. Subsequently, W.C. Stewart Construction included $45,000 for bid
item A-70 Construction Staking. Construction staking was reduced via Change Order # I to $15,620, for a credit
of $29,380. IIW has provided construction staking for Contract A Mass Grading at the request of the City of
Dubuque. As of August 5th, 2005, IIW staff has provided construction staking services in the amount of
$14,142.50, which is less than the $29,380 allotted, for the following:
1. Project administration including scheduling, and coordination with City staff and the Contractor.
2. Construction staking including setting control, staking grading limits, staking cut/fill lines, slope stakes,
staking centerline of proposed Chavanelle Road, staking location for proposed rail spur, and staking for
storm and sanitary sewer utilities.
Compensation for the scope of services listed above is included in Part III Compensation.
04119-04B Contract B Paving, Drainage, and Utilities Construction Staking
The agreement between IIW and the City of Dubuque dated July I S\ 2004 included survey staking during
construction as an extra service. The contract documents for Contract B Paving, Drainage, and Utilities included
construction staking as the responsibility of the Owner. IIW provided a proposal for construction staking to the
City of Dubuque Economic Development dated June 13th, 2005 for the following scope of services:
1. Project administration including scheduling, and coordination with City staff and the Contractor.
2. Construction staking including placing graded water main stakes at 25 foot intervals, staking hydrants,
tees, sanitary manholes, storm manholes, light poles, and fiber vaults with two graded offset stakes,
staking catch basins with three graded offset stakes, staking for Chavanelle Road at 25 foot intervals with
one row for centerline and two rows for curb, and staking for the North Trail at 25 foot intervals with one
slope stake and one finish grade stake.
Mr. David Heiar
August 29th, 2005
Page 3 of6
Compensation for the scope of services listed above is included in Part III Compensation. This proposal does not
include an as-built survey, and all staking is on a one-time basis. Re-staking or additional services will be billed
at our current hourly rates.
04119-04D Contract A and Contract B Construction Phase Design Modifications
The agreement between IIW and the City of Dubuque dated July 1 S\ 2004 included revisions to the contract
documents as an extra service. Several modifications to the Contract A Mass Grading contract documents have
occurred during design and construction. A brief summary of the modifications and corresponding professional
services are as follows:
1. Recreation Trail, Wetland Mitigation, and Storm Water Management - re-design of the wetland
mitigation and storm water management was made based on modifications to the rail spur, and
elimination of the Namasco site development. A large wetland mitigation area was originally designed
and illustrated on the wetland mitigation plan submitted to the Army Corps of Engineers (USACE) and
the Iowa Department of Natural Resources (IDNR). The Contract A Mass Grading contract documents
were designed to provide flexibility for the location of the wetland mitigation pending the outcome of the
Namasco decision.
Subsequently, IIW re-designed the grading and trail alignment for the area adjacent to the south edge of
the Namasco site giving consideration to a future rail spur alignment, and providing storm water
management for future development of the western portion ofthe DICW 3 watershed.
2. Sanitary Sewer Alignment - re-design of the sanitary sewer alignment is in process based on
modifications to the rail spur. The Contract B Paving, Drainage and Utilities contract documents are
based on a sanitary sewer alignment in relation to a rail spur to minimize potential conflicts with future
rail construction and maximize access to the sanitary sewer for maintenance.
Compensation for the scope of services listed above is included in Part III Compensation.
04119-12 Railroad Master Plan, Preliminary Design, Final Design, Construction Services
Contract Amendment #4 dated January 11th, 2005 included design services for providing a rail spur from the
Canadian National (CN) Railroad mainline tracks extending along the south edge of the project with a spur
extending north as illustrated on the Namasco conceptual plan. As of August 5th, 2005 IIW and Key Rail has
invoiced $25,010 in fees to provide design services under contract amendment #4, which is 82% of the contract
amendment #4 lump sum fee of$30,500. IIW provided design services under contract amendment #4 as follows:
1. Project administration - scheduling, coordination, meetings and project correspondence with City staff,
CN and Namasco representatives, and the Iowa Department of Economic Development.
2. Evaluate design criteria - horizontal and vertical alignment, mainline switches, spur switches, acquisition
and analysis of mainline plan and profile data, and Namasco and CN maneuvering requirements.
3. Alternative analysis - develop several alternatives for the Namasco rail spur for compliance with the
stakeholders design criteria, in addition to master planning for mainline switch, industrial lead track, and
spur switches for the mainline extending from the Standard Oil facility to the Nordstrom distribution
center in conjunction with Key Railroad Development, LLC.
4. Collect supplemental field information - field surveying, measurements, and photo documentation of
existing conditions extending from the Standard Oil facility to the Nordstrom distribution center.
5. Design - developing plan and profiles, earthwork analysis, storm drainage, and relationships with
adjacent above ground (trail, roadways) and below ground (sanitary sewer) improvements.
6. Cost estimating - preparation of construction cost estimates for track construction, grading, and drainage.
Mr. David Heiar
August 29th, 2005
Page 4 of6
In late January of this year, Canadian National expressed safety and operational concerns with the original
concept, and subsequently quoted freight rates to Namasco that were deemed unacceptable to developing on the
DICW 3 site. These issues prompted the Greater Dubuque Development Corporation and the City of Dubuque to
hire Key Railroad Development, LLC to assist. IIW included Key Rail as a sub-consultant, and provided
preliminary master planning and cost estimating at the request of the City of Dubuque. Based on a meeting on
May 17th, 2005 with representatives from the City, GDDC, and CN, comments were incorporated and a revised
preliminary master plan was developed in conjunction with a cost estimate. Based on a subsequent meeting on
June 27th, 2005, IIW and Key Rail were requested to proceed with seeking approval from CN for a preliminary
master plan that extends from McGraw Hill to Nordstrom. Subsequently, we would provide the following scope
of services for a new industrial lead track with two mainline switches, which is Point A to C as illustrated with
our June 13th, 2005 correspondence:
A. PRELIMINARY DESIGN
1. Project administration including scheduling, coordination, meetings and project correspondence.
2. Evaluate design criteria for horizontal and vertical alignment, mainline switch, spur switch, etc. provided
by CN and the City.
3. Alternative analysis of conceptual designs with consideration for earthwork, horizontal and vertical
alignment, drainage, and rail car circulation.
4. Meet with representatives of CN to review conceptual designs.
5. Prepare preliminary plans including a grading plan to identify grading, drainage, and property acquisition,
a track plan and profile, and typical sections and details.
6. Prepare a preliminary submittal package to CN and participate in a meeting with representatives of CN
and the City to review and clarify the design intent.
7. Revise the preliminary plans based on comments from stakeholders and provide an updated preliminary
construction cost estimate.
B. FINAL DESIGN
I. Project administration including scheduling, coordination, meetings and project correspondence.
2. Collect supplemental topographic survey information for preparation of final design.
3. Collect boundary survey information and prepare a plat for property acquisition.
4. Perform field wetland delineation within the project limits.
5. Prepare final plans including a title sheet, overall existing conditions, site grading plan, storm water
management plan, track plan and profile sheets, and construction details sheets.
6. Prepare final specifications including public notice, information for bidders, bid forms, bid bond forms,
contractor's certification forms, agreement forms, performance and payment bond forms, general contract
conditions, special conditions, in addition to final technical specifications.
7. Prepare a final statement of Engineer's opinion of probable construction cost.
8. Prepare a final submittal package to CN and participate in a meeting with representatives of CN and the
City to review and clarify the design intent.
9. Prepare regulatory permit applications to the US Army Corps of Engineers and Iowa DNR for a 404/401
nationwide permit, and to the Iowa DNR for a floodplain development permit. Our research of FEMA
Flood Insurance Rate Maps suggests the project will encroach on the 100 year flood boundary.
Mr. David Heiar
August 29th, 2005
Page 5 of6
10. Furnish copies of plans and specifications to prospective bidders, material suppliers, and other interested
parties upon request.
11. Assist the City of Dubuque in securing construction bids for the project.
12. Assist the City of Dubuque at the bid opening and letting.
13. Tabulate and analyze construction bids and provide a recommendation to the City of Dubuque for the
award of construction contracts.
C. BASIC CONSTRUCTION SERVICES
1. Project administration including scheduling, coordination, and project correspondence.
2. Pre-construction meeting.
3. Review shop drawings.
4. Periodic site visits by the Project Engineer.
5. Consult, advise, and represent the City of Dubuque.
6. Inform the City of Dubuque on the progress and quality of work and review payment applications.
7. Provide substantial completion and final inspections.
8. Interpret the drawings and specifications, and issue clarifications and instruction to contractors.
9. Prepare change orders.
D. RESIDENT CONSTRUCTION SERVICES
1. Project administration including scheduling, coordination, and project correspondence.
2. Weekly construction progress meetings.
3. Construction staking including setting control, staking grading limits, staking cut/fill lines, slope stakes,
staking centerline of proposed lead track, and staking for storm sewer.
4. Material sampling, testing, and preparation of material test reports.
5. Topographic surveying, data reduction, and calculation of quantities for earthwork pay items.
E. EXCLUSIONS FROM PROFESSIONAL SERVICES
1. US Army Corps of Engineers 404/401 individual permit application including wetland mitigation plans
are not included. Depending upon whether or not wetlands exist within the project area, and the acreage
of delineated wetlands disturbed, our scope of services are based on the project falling under the
provisions of a nationwide permit, which is less restrictive than an individual permit. Until the wetlands
are delineated and the acreage determined, our best estimate is that if we disturb wetlands, the quantity
will fall under the less restrictive nationwide permit.
2. A Phase I Cultural Resources investigation is not included. We contacted Bear Creek Archeology
regarding their previous knowledge of the area, and although they indicated the project area is unlikely to
have cultural resources present, it is possible the Corps or the DNR would require an investigation. If
required, we would likely sub-contract to Bear Creek Archeology.
PART III - COMPENSATION
04119-04 Contract A & B Basic Construction Services - the agreement between IIW and the City of Dubuque
dated July 1 S\ 2004 provided compensation for basic construction services as an hourly rate in effect at the time of
service. The City of Dubuque has requested engineering fees for approval of the construction contracts by City
Mr. David Heiar
August 29th, 2005
Page 6 of6
Council. Subsequently, compensation for basic construction services will be hourly with an estimated fee of
$90,000 (ninety thousand dollars).
04119-04 Contract A & B Resident Construction Services - the agreement between IIW and the City of Dubuque
dated July 1 s" 2004 provided compensation for resident construction services as an hourly rate in effect at the time
of service. The City of Dubuque has requested engineering fees for approval ofthe construction contracts by City
Council. Subsequently, compensation for resident construction services will be hourly with an estimated fee of
$345,000 (three hundred forty five thousand dollars).
04119-04A Contract A Construction Staking - compensation will be hourly with a not to exceed fee of $29,380
(twenty nine thousand three hundred eighty dollars)
04119-04B Contract B Construction Staking - compensation will be for a lump sum fee of $39,500 (thirty nine
thousand five hundred dollars)
04119-04D Contract A & B Construction Phase Design Modifications - compensation will be hourly with a not to
exceed fee of$15,000 (fifteen thousand dollars)
04119-12 Railroad Master Planning and Design - compensation will increase the lump sum fee for contract
amendment #4 from $30,500 for preliminary and final design, to a not to exceed fee of $135,000 (one hundred
thirty five thousand dollars) for master planning, preliminary and final design, bid & negotiation, basic
construction services and resident construction services.
Reimbursable expenses for Key Rail mileage and meals on a per diem basis and IIW expenses are anticipated to
be $600.00 (six hundred dollars). IIW has included Key Rail Development, LLC as a sub-consultant, and a
wetland delineation sub-consultant, and we have not increased their fees in deriving our compensation. Refer to
the attached Professional Fee Summary sheet for a tabulation of the fees with a comparison to construction cost.
PART IV - APPROV AL
IN WITNESS WHEREOF, the parties hereto have made and executed this amendment in triplicate counterparts,
each of which shall be considered as an original by their duly authorized officers as of the date indicated:
I CONCUR WITH THIS AMENDMENT #7 TO THE EXISTING CONTRACT FOR ENGINEERING
SERVICES FOR THE DUBUQUE INDUSTRIAL CENTER WEST 3RD ADDITION.
EXECUTED BY THE OWNER THIS DAY OF , 2005.
CITY OF DUBUQUE
Michael C. Van Milligan, City Manager
EXECUTED BY THE ENGINEER THIS
DAY OF
,2005.
IIW Engineers & Surveyors, P.C.
Michael A. Jansen, P.E., S.E., Vice President
Professional Fee Summary
Project: Dubuque Industrial Center West 3rd AddRion
Project No. 04119
Date: Aug 29th, 2005
Project Number Description Contract Amount Basis Type
Contract A and B Mass Grading and Roadway Construction Cost Estimate $7,225,715 % constr cost
04119-01 Conceptual Design $37,000 original Is
04119-02 Preliminary Design $33,000 original Is
04119-02R RISE $41,000 #3 Is
04119-03 Design Final Design $37,000 original Is
04119-03 Bidding Bidding and Award $6,000 original Is
04119-03a Final Design Modifications $18,000 #5 Is
04119-05 Record Drawings $6,000 original Is
04119-06 N Sanitary Prelim $4,150 #1 Is
04119-06 N Sanitary Final $6,950 #1 Is
04119-09 Env MRigation $21 ,426 #4,#5 hrly est
04119-13 Recreation Trail $23,200 #4 Is
04119-15 Street I Cul-de-sac - RISE Immediate Need $39,000 #8 Is
Preliminary & Final Design Subtotal $272,726 3.77%
04119-04 Basic Construction Services $90,000 #7 hrty est
Design & Basic Construction Sub-total $362,726 5.02%
04119-04 Resident Construction Services $345,000 #7 hrlyest
Design, Basic & Resident Services Sub-total $707,726 9.79%
04119-04A Contract A Construction Staking $29,380 #7 nte 3-23-05 letter + c.o.#1
04119-04B Contract B Construction Staking $39,500 #7 Is 6-13-05 letter
04119-04D Contract A and B Construction Phase Design Modifications $15.000 #7 nle
Design, Basic, Resident, and Staking Sub-total $791,606 10.96%
Contract CR ailroad Spur Construction Cost Estimate - Point A to C $1,001,990 5-24-05 prelim estimate
04119-12 Rail Spur $135.000 #4.#7 nte 13.47%
Contract DB ergfeld Pond Trail & AmenRies Construction Cost Estimate $575,000
04119-13a Trail & AmenRies Design $38,750 #6 Is 6.74%
04119-13b Trail & AmenRies Bid, Basic Construction $13,000 #6 Is 2.26%
Design & Basic Construction Sub-total $51,750 #6 Is 9.00%
04119-13b Trail & AmenRies Construction Staking $9,000 #6 Is 1.57%
04119-13c Trail & Amenities QC Constr $10,000 #6 nte 1.74%
Non-Construction Contract Services
04119-07 N Siegert Conceptual $6,509 #2 hrly
04119-08 Namasco Conceptual $17,537 #4,#5 hrly est
04119-10 Ph I CuRural Resources $2,402 #4 hrlyest
04119-16 Conceptual Plan for Re-zoning McFadden Property $1,450 #5 Is
AddRional Services Design Sub-total $27,897