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HomeMy WebLinkAbout2020-08-03-I11 Ute Ave-Ashworth Rd Intersection Professional Services AgrCITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 3, 2020 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with Snyder & Associates, Inc. for Ute Avenue & Ashworth Road Intersection Improvement Project FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The project includes preliminary and final design for widening and partial reconstruction of the Ute Avenue and Ashworth Road intersection to provide adequate through and right/left turn movements. New traffic signalization design is included as part of the project. The project will support the increasing traffic generated by the continued growth and development of the southwest portion of Waukee, including construction of the new Sugar Creek Elementary school. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Schedule of fees set forth in Attachment 3 of the agreement. Contract is not to exceed $396,900. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve Resolution and Agreement. ATTACHMENTS: I. Resolution II. Agreement for Professional Consulting Services PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK AGENDA ITEM: I11 THE CITY OF WAUKEE, IOWA RESOLUTION 2020- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH SNYDER & ASSOCIATES, INC. [UTE AVENUE AND ASHWORTH ROAD INTERSECTION IMPROVEMENT PROJECT] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City requires professional services related to the analysis and design for the Ute Avenue and Ashworth Road Intersection Improvement Project; AND, WHEREAS, City staff recommends retaining the services of Snyder & Associates, Inc., for said professional consulting services. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services with Snyder & Associates, Inc. [Ute Avenue and Ashworth Road Intersection Improvement Project] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 3rd day of August, 2020. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Ute Avenue & Ashworth Road Intersection Improvement Project City Project No. _______ This Agreement is made and entered into this day of , 2020, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and Snyder & Associates, Inc, (Fed. ID #42-1379015), an Iowa corporation incorporated and licensed under the laws of the State of Iowa, party of the second part, hereinafter referred to as "Consultant" as follows: THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THE PROJECT AS DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATION FOR THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT. 1. SCOPE OF SERVICES Services provided under this Agreement shall be as further described in Attachment 1, Scope of Services. 2. SCHEDULE The schedule of the professional services to be performed shall conform to the Schedule set forth in Attachment 2. Any deviations from the Schedule shall be approved by the authorized City representative. The City agrees that the Consultant is not responsible for delays arising from a change in the scope of services, a change in the scale of the Project or delays resulting from causes not directly or indirectly related to the actions of the Consultant. 3. COMPENSATION A. In consideration of the professional services provided herein, the City agrees to pay the Consultant the following sum NOT-TO-EXCEED, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. Basic Services of the Consultant A.Project Management $31,000 B.Topographic Survey $16,500 C.Boundary Survey $6,500 D.Wetland and Stream Delineation $6,000 E.Threatened and Endangered Species Habitat Survey $2,000 F.Phase I Environmental Site Assessment $3,100 G.Cultural Resources $18,000 H.Intersection Alternatives Analysis $21,600 I.Preliminary Roadway Design $61,900 J.Right-of-Way Layout and Plot Plans $5,000 K.Right-of-Way Plats $11,400 L.Right-of-Way Acquisition $33,800 M.Traffic Signal and Lighting Design $24,200 N.Final Roadway Design $66,300 O.Geotechnical Investigation $20,000 SUBTOTAL $327,300 (Hourly Rate + Expenses) 2 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc Construction Phase Services of the Consultant A.Bidding $4,700 B.Construction Administration $45,000 C.Traffic Signal Construction Phase Services $14,800 D.Record Drawings $5,100 SUBTOTAL $69,600 (Hourly Rate + Expenses) TOTAL $396,900 (Hourly Rate + Expenses) B.The Consultant shall invoice the City monthly for services, any reimbursable expenses and any approved amendments to this Agreement, based upon services actually completed at the time of the invoice. Final payment shall be due and payable within 30 days of the City's acceptance of Consultant's submission of final deliverables in accordance with the Scope of Services. C. In consideration of the compensation paid to the Consultant, the Consultant agrees to perform all professional services to the satisfaction of the City by performing the professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of Consultant's profession currently practicing under similar circumstances. If the performance of this Agreement involves the services of others or the furnishing of equipment, supplies, or materials, the Consultant agrees to pay for the same in full. 4. INSURANCE A. Consultant understands and agrees that Consultant shall have no right of coverage under any and all existing or future City comprehensive, self or personal injury policies. Consultant shall provide insurance coverage for and on behalf of Consultant that will sufficiently protect Consultant or Consultant' representative(s) in connection with the professional services which are to be provided by Consultant pursuant to this Agreement, including protection from claims for bodily injury, death, property damage, and lost income. Consultant shall provide worker's compensation insurance coverage for Consultant and all Consultant's personnel. Consultant shall file applicable insurance certificates with the City, and shall also provide evidence of the following additional coverage. B.The Consultant shall provide evidence of comprehensive general liability coverage and contractual liability insurance by an insurance company licensed to do business in the State of Iowa in the limits of at least $1,000,000 each personal injury accident and/or death; $1,000,000 general aggregate personal injury and/or death; and $1,000,000 for each property damage accident. The evidence shall designate the City as an additional insured, and that it cannot be canceled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested. C.The Consultant shall also provide evidence of automobile liability coverage in the limits of at least $1,000,000 bodily injury and property damage combined. The evidence shall designate the City as an additional insured, and that it cannot be cancelled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested. D.The Consultant shall provide evidence of professional liability insurance, by an insurance company licensed to do business in the State of Iowa, in the limit of $1,000,000 for claims arising out of the professional liability of the Consultant. Consultant shall provide City written notice 3 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc within five (5) days by registered mail, return receipt requested of the cancellation or material alteration of the professional liability policy. E. Failure of Consultant to maintain any of the insurance coverages set forth above shall constitute a material breach of this Agreement. 4 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc 5. NOTICE Any notice to the parties required under this agreement shall be in writing, delivered to the person designated below, by United States mail or in hand delivery, at the indicated address unless otherwise designated in writing. FOR THE CITY: FOR THE CONSULTANT: Name: City of Waukee Name: Snyder & Associates, Inc. Attn: Rudy J. Koester, P.E. Attn: David N. Moeller, P.E. Title: Public Works Director Title: President Address: 805 University Avenue Address: 2727 SW Snyder Blvd. City, State: Waukee, IA 50263 City, State: Ankeny, IA 50023 6. GENERAL COMPLIANCE In the conduct of the professional services contemplated hereunder, the Consultant shall comply with applicable state, federal, and local law, rules, and regulations, technical standards, or specifications issued by the City. Consultant must qualify for and obtain any required licenses prior to commencement of work, including any professional licenses necessary to perform work within the State of Iowa. 7. STANDARD OF CARE Services provided by the Consultant under this Agreement shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 8. INDEPENDENT CONTRACTOR Consultant understands and agrees that the Consultant and Consultant's employees and representatives are not City employees. Consultant shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits, or any other form of compensation or benefit to Consultant or Consultant's employees, representatives or other personnel performing the professional services specified herein, whether it be of a direct or indirect nature. Further, it is expressly understood and agreed that for such purposes neither Consultant nor Consultant's employees, representatives or other personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation, retirement, or any other benefits whatsoever. 9. NON-DISCRIMINATION Consultant will not discriminate against any employee of applicant for employment because of race, color, sex, national origin, religion, age, handicap, or veteran status. Consultant will, where appropriate or required, take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, sex, or national origin, religion, age, handicap, or veteran status. Consultant will cooperate with the City in using Consultant's best efforts to ensure that Disadvantaged Business Enterprises are afforded the maximum opportunity to compete for subcontracts of work under this Agreement. 10. HOLD HARMLESS 5 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc Consultant agrees to indemnify and hold harmless the City, its officers, agents, and employees from any and all claims, settlements and judgments, to include all reasonable investigative fees, attorney's fees, and court costs for any damage or loss which is due to or arises from a breach of this Agreement, or from negligent acts, errors or omissions in the performance of professional services under this Agreement and those of its sub consultants or anyone for whom Consultant is legally liable. 11. ASSIGNMENT Consultant shall not assign or otherwise transfer this Agreement or any right or obligations therein without first receiving prior written consent of the City. 12. APPROPRIATION OF FUNDS The funds appropriated for this Agreement are equal to or exceed the compensation to be paid to Consultant. The City's continuing obligations under this Agreement may be subject to appropriation of funding by the City Council. In the event that sufficient funding is not appropriated in whole or in part for continued performance of the City's obligations under this Agreement, or if appropriated funding is not expended due to City spending limitations, the City may terminate this Agreement without further compensation to the Consultant. To the greatest extent allowed by law, the City shall compensate Consultant as provided in Section 18(6) of this Agreement. 13. AUTHORIZED AMENDMENTS TO AGREEMENT A.The Consultant and the City acknowledge and agree that no amendment to this Agreement or other form, order or directive may be issued by the City which requires additional compensable work to be performed if such work causes the aggregate amount payable under the amendment, order or directive to exceed the amount appropriated for this Agreement as listed in Section 3, above, unless the Consultant has been given a written assurance by the City that lawful appropriation to cover the costs of the additional work has been made. B.The Consultant and the City further acknowledge and agree that no amendment to this Agreement or other form, order or directive which requires additional compensable work to be performed under this Agreement shall be issued by the City unless funds are available to pay such additional costs, and the Consultant shall not be entitled to any additional compensation for any additional compensable work performed under this Agreement. The Consultant expressly waives any right to additional compensation, whether in law or equity, unless prior to commencing the additional work the Consultant was given a written amendment, order or directive describing the additional compensable work to be performed and setting forth the amount of compensation to be paid, such amendment, order or directive to be signed by the authorized City representative. It is the Consultant's sole responsibility to know, determine, and ascertain the authority of the City representative signing any amendment, directive or order. 14. OWNERSHIP OF CONSULTING DOCUMENTS All sketches, tracings, plans, specifications, reports, and other data prepared under this Agreement shall become the property of the City; a reproducible set shall be delivered to the City at no additional cost to the City upon completion of the plans or termination of the services of the Consultant. All drawings and data shall be transmitted in a durable material, with electronic files provided when feasible to do so. The Consultant's liability for use of the sketches, tracings, plans, specifications, reports, and other data prepared under this Agreement shall be limited to the Project. 6 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc 15. INTERPRETATION No amendment or modification of this Agreement shall be valid unless expressed in writing and executed by the parties hereto in the same manner as the execution of the Agreement. This is a completely integrated Agreement and contains the entire agreement of the parties; any prior written or oral agreements shall be of no force or effect and shall not be binding upon either party. The laws of the State of Iowa shall govern and any judicial action under the terms of this Agreement shall be exclusively within the jurisdiction of the district court for Dallas County, Iowa. 16. COMPLIANCE WITH FEDERAL LAW To the extent any federal appropriation has or will be provided for the Project, or any federal requirement is imposed on the Project, Consultant agrees that Consultant will comply with all relevant laws, rules and regulations imposed on City and/or Consultant necessary for receipt of the federal appropriation. Consultant shall provide appropriate certification regarding Consultant's compliance. 17. SOLICITATION AND PERFORMANCE A.The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that the Consultant has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or contingent fee. B.The Consultant shall not engage the services of any person or persons in the employ of the City at the time of commencing such services without the written consent of the City. 18. SUSPENSION AND TERMINATION OF AGREEMENT A. The right is reserved by the City to suspend this Agreement at any time. Such suspension may be effected by the City giving written notice to the Consultant, and shall be effective as of the date established in the suspension notice. Payment for Consultant's services shall be made by the City for services performed to the date established in the suspension notice. Should the City reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days written notice within a period of six (6) months after such suspension, unless this period is extended by written consent of the Consultant. B. Upon ten (10) days written notice to the Consultant, the City may terminate the Agreement at any time if it is found that reasons beyond the control of either the City or Consultant make it impossible or against the City's interest to complete the Agreement. In such case, the Consultant shall have no claims against the City except for the value of the work performed up to the date the Agreement is terminated. C.The City may also terminate this Agreement at any time if it is found that the Consultant has violated any material term or condition of this Agreement or that Consultant has failed to maintain workers' compensation insurance or other insurance provided for in this Agreement. In the event of such default by the Consultant, the City may give ten (10) days written notice to the Consultant of the City's intent to terminate the Agreement. Consultant shall have ten (10) days from notification to remedy the conditions constituting the default. 7 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc D. In the event that this Agreement is terminated in accordance with paragraph C of this section, the City may take possession of any work and may complete any work by whatever means the City may select. The cost of completing said work shall be deducted from the balance which would have been due to the Consultant had the Agreement not been terminated and work completed in accordance with contract documents. E.The Consultant may terminate this Agreement if it is found that the City has violated any material term or condition of this Agreement. In the event of such default by the City, the Consultant shall give ten (10) days written notice to the City of the Consultant's intent to terminate the Agreement. City shall have ten (10) days from notification to remedy the conditions constituting the default. 19. TAXES The Consultant shall pay all sales and use taxes required to be paid to the State of Iowa on the work covered by this Agreement. The Consultant shall execute and deliver and shall cause any sub- consultant or subcontractor to execute and deliver to the City certificates as required to permit the City to make application for refunds of said sales and use taxes as applicable. The City is a municipal corporation and not subject to state and local tax, use tax, or federal excise taxes. 20. SEVERABILITY If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 21. MISCELLANEOUS HEADINGS Title to articles, paragraphs, and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. 22. FURTHER ASSURANCES Each party hereby agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. 23. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall constitute an original document, no other counterpart needing to be produced, and all of which when taken together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or agents on the day and year first above written. CONSULTANT CITY OF WAUKEE By: By: Name: David N. Moeller, P.E. Courtney Clarke, Mayor Title: President 8 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc ATTACHMENT 1 SCOPE OF SERVICES The work to be performed by the Consultant under this agreement shall encompass and include detailed work, services, materials, equipment and supplies necessary to complete analysis and design for the project. I. GENERAL The project includes preliminary and final design for widening and partial reconstruction of the Ute Avenue and Ashworth Road intersection to provide adequate through and right/left turn movements. New traffic signalization design is included as part of the project. The project will support the increasing traffic generated by the continued growth and development of the southwest portion of Waukee, including construction of the new Sugar Creek Elementary School. II. BASIC SERVICES A. Project Management The Consultant shall perform the following management services during design of the Project: a. Monthly progress reports to the City. b. Monthly invoices. c. Project coordination with the City, adjacent projects, and utility companies. d. Project design review. e. Meetings, five (5) meetings anticipated with City. i. Initial review/kickoff. ii. Review of intersection alternatives analysis. iii. Preliminary plan review. iv. Initial utility coordination meeting, subsequent individual utility coordination. v. Check plan review f. City Council presentation. B. Topographic Survey The Consultant shall perform field and office tasks to collect topographic survey within the project limits as may be necessary for completion of design. a.Site Features: A topographic field survey will be performed of the above ground physical features including pavements, trees, drainage structures, pipes, driveways, utility appurtenances, etc. within the limits of the Project. The survey corridor will be as shown and delineated in the attached Location Map. b.Utilities: The utility portion of the survey shall be created using the field survey and information as provided to the PROFESSIONAL from the utility owners by either existing record and or physical field locates. The PROFESSIONAL shall make a diligent attempt to make an accurate representation of underground utilities, vaults and related items but no guarantee can be made as to the condition or location horizontally or vertically between each structure. This portion of the topographic survey would constitute a level "C" utility survey as outlined by the Subsurface Utility Engineering profession. 9 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc c. Coordinate System: The coordinate system used will be State Plane Iowa South (1402) NAD 83. C. Boundary Survey The Consultant will perform research and locate field evidence necessary to establish the existing right of way lines within the project limits. No boundary surveys will be done of properties outside of the existing right of way. The right of way information will be used for design and plan preparation purposes. D. Wetland and Stream Delineation a.The Consultant will provide Wetland and Stream Delineation for the Project. The Delineation will be performed to determine the upper boundaries of wetland and stream areas at the project site. The Consultant will review United States Geological Survey topographic maps, National Wetland Inventory maps, Soil Survey, and aerial photographs as part of a preliminary data search. On-site visits will be performed to gather data pertaining to wetland vegetation, wetland hydrology, and hydric soils. The boundary of each wetland and stream located within the project limits will be surveyed. Field work will be conducted in accordance with procedures outlined in the 1987 US Army Corps of Engineers Wetland Delineation Manual and Midwest Supplement. The Consultant will provide copies of the Wetland and Stream Delineation Report summarizing the findings of the data searches and the on-site wetland delineation. b.The Consultant, with assistance from the City, will coordinate with the landowners prior to the site visit to ensure access to properties required for field investigation. A report summarizing the findings of the field delineation will be provided. E. Threatened and Endangered Species Habitat Survey a.The Consultant will evaluate potential threatened and endangered (T&E) species habitat at the project site. The Consultant will conduct a web search for all pertinent information regarding T&E species and their potential for existence in the project area. Reference to all identified sources will be included in bibliography in a memo. b.Environmental staff will complete a site visit to identify potential habitat within the project area. Potential areas will be documented and photographed. A memo documenting the findings and all pertinent information identified during the research period will be provided to the City. The Consultant will also provide a Section 7 Memo documenting its finding of no effect, may affect but not adversely, or will adversely affect. F. Phase I Environmental Site Assessment a.The Consultant will complete a Phase I Environmental Site Assessment (ESA) for the project site. The Phase I ESA will include a review of state and federal environmental record sources and site history, along with a visual inspection of the site to identify any recognized environmental conditions associated with the subject property. Review of environmental record sources will include information provided by the Environmental Protection Agency Region VII through the Freedom of Information Act. These records include the National Priority List, Comprehensive Environmental Response Compensation and Liability Information System, and 10 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc Resource Conservation and Recovery Information System. The review will include a search for any information related to the subject properties and surrounding area. The Consultant will review data provided by the Iowa Department of Natural Resources for any information concerning underground storage tank registration or removal, leaking underground storage tanks, permitted sanitary landfills, hazardous substance disposal sites, RCRIS compliance violators, and emergency response actions. For the site history review, available aerial photographs, topographic maps, fire insurance maps, historic street directories, and chain of title (if available) for the subject properties will be examined. b.The Consultant will perform a site reconnaissance at the locations to investigate each building, current uses, and to identify conditions or activities related to the treatment, storage, disposal, or generation of hazardous substances or petroleum products on the subject sites. Interviews not already completed with persons familiar with the use or prior use of the properties will be included in the assessment. c.The Consultant will provide to the City written reports for the Phase I Environmental Site Assessment to include discussion on the site history, environmental record source review, geology and hydrogeology, site reconnaissance, interviews, and recommendations. The City will assist in providing landowner information including, names, addresses, and phone numbers. d.The Phase I Environmental Site Assessment will conform to ASTM Practice E 1527- 13 and the All Appropriate Inquiries Act under the Small Business Relief and Brownfields Revitalization Act of 2002. G. Cultural Resources The Consultant shall use the services of Wapsi Valley Archaeology, Inc. to provide cultural resources surveys for the Project. a.Phase IA Archaeological Assessment: The purpose of a Phase IA archaeological assessment is to complete overview research to determine the likelihood that archaeological sites are present in the project area and make a recommendation as to whether additional, more intensive, archaeological survey is warranted. Because the current project corridor extends along the road through the City, portions of the project area have likely been previously disturbed by utility corridors, construction, or other factors. b.Reconnaissance Level Architectural History Survey: The primary intent of this study will be to assess whether historic architectural resources are present in the vicinity that could be adversely affected by the proposed project, and to assist project engineers with avoidance of adverse effects to resources. The reconnaissance level investigation will provide a listing and brief description of previously evaluated architectural properties in the immediate vicinity of the project area; brief (reconnaissance-level) examination of other architectural resources in the vicinity; and photographs of historic buildings. The study will assist with avoidance of resources and recommend whether more intensive survey and evaluation is warranted, or whether indirect effects (from vibrations) may be an issue for the project. c.Upon completion of the fieldwork, a report will be prepared for each investigation that details the study’s findings, conclusions, and recommendations for the project, and will include maps and figures. 11 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc H. Intersection Alternatives Analysis The Consultant will perform an intersection alternatives analysis to determine the most appropriate traffic control and geometry for the ultimate improvements of the intersection. Because the previous traffic signal warrant study indicated that traffic signals will be warranted with near-term projected future traffic, the two alternatives that will be analyzed are a signalized intersection with necessary turn lanes and a roundabout intersection. The following will be performed as a part of the alternatives analysis: a.Projected Design Year traffic volumes will be developed using upcoming developments, future land use, and Des Moines MPO 2040 projected traffic volumes for Ute Avenue and Ashworth Road. Work completed for the previous traffic signal warrant study will be incorporated to develop the Design Year traffic volumes. b.Perform traffic analysis for the roundabout alternative with SIDRA software. c.Perform traffic analysis using TransModeler software for the following scenarios: i.Existing conditions ii.2040 Projected – No-Build iii.2040 Projected – Traffic Signalization and turn lanes iv.2040 Projected – Roundabout intersection d.Compare capacity, queuing, and geometric impacts for each scenario. e.Develop preliminary concept plans for each alternative (two concept plans) to include: i.Functional geometry, lane configurations, general storm water management. ii.Impacts to adjacent property owner access. iii.Identify Right-of-Way needs. iv.Identify any potential utility conflicts. v.Pavement marking and ground signage plan. vi.Traffic signalization layout (poles, cabinet, power location), if applicable. vii.Multi-modal transportation accommodations, if applicable. viii.Life-Cycle Cost Opinions: 1.Capital costs, safety costs, maintenance costs, fuel and travel time costs. f.Develop a technical memorandum with recommendations for a recommended alternative. g.Upon City’s concurrence with the recommended alternative, the concept plan will become the basis for the preliminary design. I. Preliminary Roadway Design and Plans a.The preliminary design and plans will follow the concept outlined in the intersection alternatives analysis. The preliminary plans include a typical section of the proposed widening, plan and profile information including geometric details of the intersection, alignment information, traffic control and staging, drainage design, design for water main extensions, preliminary pavement marking layout, and cross sections. b.The drainage improvements are anticipated to be full storm sewer within curb/gutter sections, transitioning to an open ditch section where appropriate. c.It is anticipated that water main will be extended for approximately 2,000-feet across the north side of Ashworth Road. Water main extension will be coordinated with adjacent development. d.Sanitary sewer design is not anticipated as part of the Project. 12 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc e.It is anticipated that improvements will require right-of-way acquisition within the immediate intersection area. A separate water main easement is anticipated. f.There will be sufficient detail with the preliminary design to identify potential utility conflicts. Preliminary plans will be forwarded to franchise utility companies for them to be able to design any necessary relocations. g.Care will be taken with the design to maintain access to adjacent properties during construction. h.Preliminary plans will be submitted to the City for comment before proceeding to final design. i.An Opinion of Probably Construction Cost will be provided at the end of the preliminary design and submitted with the preliminary plans. j.A public information meeting (PIM) will be held following preliminary design. The following tasks will be performed in association with the public meeting: i.The Consultant will be responsible for preparing display boards and two scroll plots showing the project against an aerial background. ii.The Consultant will attend one public information meeting (PIM). The meeting will be led by the City. The Consultant effort includes general meeting preparation and attendance by three Consultant staff. iii.The City will be responsible for organization (meeting location, etc.) of the meeting. The City will also be responsible for all advertisement of and invitations to the public meeting. iv.The Consultant will coordinate and prepare meeting handouts/questionnaire sheets. The need to provide interpreter services and transcribing material to other languages will be determined by the City. Providing such translating or transcribing services is not part of this scope of work. v.The Consultant will prepare notes based on conversations at public meeting and provide a summary to the City. vi.The Consultant will prepare draft responses to comment letters following the PIM and provide these to the City. vii.The Consultant will revise preliminary plans as necessary to address comments received. J. Right-of-Way Layout and Plot Plans Preliminary plans will be used to design and layout proposed right-of-way acquisition. Consultant will prepare summaries of proposed acquisitions and plot plans. K. Right-of-Way Plats The Consultant shall prepare approximately seven (7) individual right-of-way acquisition plats. The work shall be performed as follows: a.The survey work shall be performed according to the Specifications for Acquisition Plats and Legal Descriptions and Land Surveying and United States Public Land Survey Corner Certificates. b.Prepare legal descriptions for temporary easements on seven (7) parcel(s), if requested. No exhibits will be prepared for temporary easements. c.Prepare and record with the County Recorder’s Office approximately three (3) U.S. Public Land Corner Certificates. d.Monuments shall be set at corners along the proposed right of way on permanently acquired parcels. Monuments will be 1/2” rebar with cap bearing Land Surveyor’s 13 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc name and license number unless field conditions won’t allow for placement of monument. In such instances, an appropriate monument will be set that is identifiable and capable of being detected by commonly used magnetic or electronic equipment. e.As requested during appraisals and right-of-way negotiations, the proposed right-of- way and easements will be staked in the field. L. Right-of-Way Acquisition Consultant will provide State of Iowa licensed real estate agents who will negotiate and endeavor to acquire for the City all of the necessary easements and/or real property parcels needed for the Project. It is assumed there will be 7 parcels affected by the project (7 permanent acquisitions, 7 temporary easement acquisitions). Mary Ann Carnock and Brian DePrez are employees of Consultant, and are State of Iowa licensed real estate sales persons with SNYDER & ASSOCIATES RIGHT-OF-WAY SERVICES, LLC, Ankeny, Iowa; a State of Iowa licensed real estate broker and a wholly owned subsidiary of Consultant. Mary Ann Carnock and/or Brian DePrez will be designated as “Appointed Agents” and will represent the City in a “Buyer Exclusive Agency” capacity in all matters pertaining to the negotiation and acquisition of easements and/or real property for said public improvement project. The City and Consultant acknowledge and agree that the Appointed Agents are required to adhere to Federal and State of Iowa statutes; the rules of the Supreme Court of Iowa as they may pertain to real estate agents; the rules and regulations promulgated by the Iowa Real Estate Commission; and, the Iowa Administrative Rules and regulations in regards to real estate agents’ conduct, responsibilities, and duties. Said statutes, rules and regulations will supersede and be paramount to any provision contained herein, anything to the contrary notwithstanding. In regards to Acquisitions, Consultant will: a.Attend initial project meetings with the representatives of the City to establish lines of communication regarding elements of the scope and schedule and to set property acquisition parameters for the Project. b.Complete a parcel file for each property involved with the Project in accordance with the needs of the City and/or the Project requirements. c.Coordinate the services of a title company to provide abstract or report of liens updates on all parcels, prior to closing. The Consultant shall utilize Iowa Title Company for these services. d.Use acquisition forms and documents provided by the City and prepare acquisition documents under the direction, review and approval of the City’s right of way and/or legal department. Acquisition documents may include, but not be limited to: (1) Offer to Purchase, (2) 10 day-waiver, (3) real estate purchase agreement, (4) Easements, (5) Warranty Deed, (6) title clearing documents as directed by the attorney, and (7) release of tenant interest and leasehold claims, (8) groundwater hazard Statements; and (9) declaration of value forms. e.Make (through the Appointed Agent) personal and private contacts with each property owner and tenant (the Parties) or their representative to explain the effect of the acquisition, answer questions, present a written offer, and consider counter offers and to make approved offers for administrative settlements. Non-resident property owners will be contacted by certified or registered mail or by U.P.S. 14 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc f.Make a good faith effort to acquire the necessary property within 90 days after a written offer has been submitted to the owner and tenant. Negotiations will be considered complete upon occurrence of one of the following: (1) the parties accept the offer, (2) the parties accept an administrative settlement, (3) the parties fail or refuse to accept the offer or administrative settlement, and/or (4) in the judgment of the City, negotiations have reached an impasse. g.Notify the City of every parcel on which negotiations have reached an impasse or which cannot be acquired by negotiated Agreement at the completion of the negotiations phase of the work. If the City is to condemn, the Consultant will deliver as much of the file to the City as is necessary for the City’s condemnation attorneys to begin preparation for the condemnation of the parcel. The City will provide written notice to the parties that the parcel is being prepared for condemnation. The Consultant, will continue in an attempt to negotiate an Agreement after notice has been sent that condemnation is being prepared, but before notice of condemnation has been served. Once notice of condemnation has been served, negotiations will cease unless requested by the City to continue as additional services. h.Upon completion of Negotiations, if the parties have accepted the offer or administrative settlement as outline above, the Consultant shall deliver in a timely manner all executed acquisition and title clearing documents to the City for recordation and issuance of payment. i.The Consultant shall retain and coordinate the services of a licensed, certified appraiser, Iowa Appraisal and Research Corporation (hereinafter referred to as “Appraiser”). The Appraiser will prepare appraisals and/or Project Data Books, as needed. The Appraisers’ work will be reviewed by a second party, Banker Appraisal Review Consulting, as approved by the City and as required by Local, State and /or Federal Right-of-Way acquisition procedures. The Appraiser will prepare, sign and furnish to the Consultant and City appraisal documentation following accepted appraisal principles and techniques in accordance with the City policy. The City will review and forward written approval of all findings by the Appraiser. M. Traffic Signal and Street Lighting Design The Consultant shall perform the following tasks: a.Preliminary Traffic Signal Design and Plans: i.Develop a design criteria memo for the traffic signalization functionality for approval by the City prior to final design. ii.Traffic Signal Design: Utilize project base mapping and the proposed intersection design provided by the Consultant to prepare traffic signal plans, using applicable design standards and specifications of the City, SUDAS, and the MUTCD. iii.Traffic Signal Plan Sheets: Traffic signal preliminary plans are anticipated to include the following sheets. Signal layout sheets will include proposed signal poles, controller cabinet, and signal head placement. 1.Permanent Traffic Signal Layout iv.Prepare preliminary opinion of probable traffic signal cost to incorporate into the project cost opinion. b.Final Traffic Signalization Design and Plans: i.Upon receipt of preliminary plan review comments from the City, the Consultant will complete traffic signal construction documents for the Project. ii.Final Design Plans and Specifications: 15 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc 1.Complete the final traffic signal design, plans, and specifications for incorporation into the contract documents. Specifications may include Special Provisions, plan notes or estimate reference information to supplement Iowa SUDAS specifications. 2.Traffic signal check and final plans are anticipated to include the following plan sheets incorporated into the overall project plans. a.Signal Notes and Quantities Sheet b.Signal Layout Sheet c.Signal Wiring Sheet d.Signal Phasing Sheet e.Temporary Signal Layout / Wiring / Phasing Sheet f.Signal Detail Sheet(s) 3.Provide check and final plans and specifications for incorporation into the project construction documents. 4.Prepare final opinion of probable traffic signal cost to incorporate into the project cost opinion. iii. The Consultant will utilize the final roadway design to analyze street lighting utilizing MidAmerican Energy standard equipment and meeting national recommended lighting levels for similar streets. Street lighting analysis will be submitted to City for review, comments, and approval (addressing any comments the City has). Once approved, the Consultant will assist the City on submission of necessary files to MidAmerican Energy for MidAmerican Energy to prepare a proposal and install lighting within the project limits. N. Final Roadway Design Upon approval by the City of the Preliminary Design and Plans, the Consultant shall prepare construction documents for the Project. The construction documents shall include, but not be limited to, the following information: a.Final Design Plans and Specifications – The Consultant shall complete the final design, plans and specifications for the improvements for the established scope of the Project and shall furnish a copy of these documents to the City for review and approval prior to final acceptance. The design documents will follow the current City’s requirements. City and SUDAS Standard Specifications will be utilized for the project specifications. The plans will be organized in a set appropriate for a public bid opening through the City. Final plans include: i.Quantities and tabulations. ii.Bid item reference notes. iii.Final plan and profile drawings. iv.Geometric design and jointing details. v.Final traffic control and staging plans. vi.Final storm sewer and water main plans. vii.Pavement marking plan. viii.Final cross sections. b.Permits – The Consultant shall prepare the public notice required for obtaining the NPDES General Permit No. 2. The public notice will be submitted to the City for publication. It is understood the Contractor will be responsible for obtaining the NPDES permit and City COSESCO permit. c.Opinion of Probable Construction Costs: the Consultant shall prepare an opinion of the total probable construction costs based upon the design developed. Statements of 16 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc probable construction costs prepared by the Consultant represent the best judgment as a design professional familiar with the construction industry. It is recognized, however, that the Consultant has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Consultant does not guarantee that any actual cost will not vary from any cost opinion prepared. O. Geotechnical The Professional shall use the services of Allender-Butzke Engineers to perform geotechnical investigation and materials testing for the Project at select locations. Investigation is meant to give the Consultant existing pavement and subgrade depths and conditions to properly design the proposed improvements. Geotechnical investigation will consist of the following: a.Contact Iowa One-Call for underground utility locates. b.Mobilization with truck mounted drilling equipment and/or core drilling equipment with hand augers, drill multiple pavement cores and borings to a depth of 24 o 36 inches below the bottom of pavement. c.Anticipated 12 core locations will be mutually agreeable to the City and Consultant. d.Perform laboratory testing, engineering analysis and provide a written report. III. CONSTRUCTION PHASE SERVICES Upon receipt of authorization under the Final Design Phase as described herein, the Consultant shall perform the following services: A. Bidding a.Construction Contract Documents: It is anticipated the Project will be let by the City and the Consultant shall coordinate the letting and supply the necessary documents for this process. b.Advertising: The Consultant shall advertise the Project to potential contractors and respond to questions received during the bidding phase. c.Letting: The Consultant shall conduct a public bid letting at a location chosen by City, and prepare the bid tabulation. The Consultant shall attend the City Council meeting and make recommendations to the City regarding the awarding of the construction contract to the lowest qualified bidder. A contract and bonds with bid information will be prepared by the Consultant for execution by the City and the contractor. B.Construction Administration Upon award of the initial construction contract, the Consultant shall perform the following administrative services during construction of the PROJECT: a.Preconstruction Conference: The Consultant shall arrange and conduct a preconstruction conference with the Contractor, City and utility companies to review the contract requirements, details of construction, utility conflicts and work schedule prior to construction. b.Contractor Payment Requests: The Consultant shall review the requests of the contractor for progress payments and shall approve a request, based upon site 17 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc observations provided by the City, which authorizes payments and is a declaration that the contractor's work has progressed to the point indicated. c.Notification of Nonconformance: It is understood the City will observe construction and shall determine if any observed work does not conform to the construction contract. The Consultant shall make recommendations to the City for the correction of nonconforming work and. It is understood the City will see that these recommendations are implemented by the contractor. d.Shop Drawings: The Consultant shall review shop drawings and other submissions of the Contractor for general compliance with the construction contract. e.Change Orders: The Consultant shall prepare change orders. f.If the Contractor exceeds the estimated working and/or calendar days in completing construction of the Project, or if change orders or Project additions require additional working days, the Consultant will be compensated for administration, and staking services, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. C.Traffic Signalization Construction Services The Consultant shall perform construction administration during construction of the propoed traffic signal improvements including the following: a.Review shop drawings, test reports, catalog cuts and materials certifications for compliance with the project specifications. b.Develop traffic signal timing plans for the proposed traffic signal. Provide plans to City for review. c.Attend initial turn-on of traffic signals and assist with timing operation adjustments. Conduct field review of implemented timings, and make adjustments. d.Conduct an on-site review of the constructed improvements with the City prior to final acceptance of the Project. D. Construction Survey It is understood construction survey will be the responsibility of the Contractor and is not included in this scope of work. E. Record Drawings The Consultant shall furnish electronic reproducible record documents for Project according to City requirements. Electronic files are anticipated to be in Portable Document Format (PDF). Such record drawings may contain a waiver of liability phrase in regard to unknown changes made by the Contractor without City/Consultant approval. 18 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc PROJECT LOCATION MAP 19 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the scope of services under this Agreement shall be as follows: Notice to Proceed August 17, 2020 Topographic/Boundary Survey August 28, 2020 Preliminary Design October 9, 2020 Construction Documents February 1, 2021 Right-of-Way Acquisition March 15, 2021 Bid Letting April, 2021 Construction period May, 2021 – June, 2022 20 P:\Agreements\Waukee\Ute_Ashworth Intersection Improvements\PSA_Ute_Ashworth_Int_Improvements.doc ATTACHMENT 3 SCHEDULE OF FEES REIMBURSABLE EXPENSES 1.All materials and supplies used in the performance of work on this project will be billed at cost. 2.Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal Revenue Service. 3.All other direct expenses will be invoiced at cost.