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HomeMy WebLinkAbout2020-09-21-I05 University Ave Extension, LA Grant to 10th St_Professional Services AgrAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 21, 2020 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with Shive-Hattery, Inc. [University Avenue Extension Project, SE LA Grant Parkway to 10th Street) FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The project is to construct, reconstruct, and relocate University Avenue in Waukee from future 10th Street to SE LA Grant Parkway. Other included improvements are the reconstruction of S Warrior Lane from University Ave to the Waukee Public Library and site paving and landscaping for the future Parks and Recreation building at 1230 Warrior Lane (former winery property). The project includes pedestrian accommodations through all intersections and along University Ave. Two Pedestrian Underpasses will be included, one under University Ave and one under S Warrior Lane. Storm sewer improvements will be included throughout the project area. Aesthetic improvements will be considered throughout the corridor. The project is anticipated to be constructed in up to five phases. The final phasing will be determined as the project progresses but is anticipated to be as follows: Phase 1 – University Ave – 10th Street to S Warrior Lane Phase 2 – University Ave Joint Utility Trench – 10th Street to SE LA Grant Parkway Phase 3 – SE University Ave – S Warrior Lane to SE LA Grant Parkway Phase 4 – Site Improvements – 1230 Warrior Lane Phase 5 – Warrior Lane – University Ave to Waukee Public Library The project includes a location study, conceptual design, preliminary design, and final design of Phases 1-4 and only final design for Phase 5 (preliminary design of Warrior Lane was included in a previous agreement). FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant the following Hourly Not-to-Exceed, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3 of the agreement. I.Basic Services of the Consultant $2,922,000 II.Construction Services $ 627,000 Total: $3,549,000 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 I5 THE CITY OF WAUKEE, IOWA RESOLUTION 2020- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH SHIVE-HATTERY, INC. [UNIVERSITY AVENUE EXTENSION PROJECT, SE L.A. GRANT PARKWAY TO 10TH STREET] 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 location studies and desing for improvements for the University Avenue Extension Project, SE L.A. Grant Parkway to 10th Street; AND, WHEREAS, City staff recommends retaining the services of Shive-Hattery, Inc., for said services. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services with Shive-Hattery, Inc. [University Avenue Extension Project, SE L.A. Grant Parkway to 10th Street] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 21st day of September, 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 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES UNIVERSITY AVENUE EXTENSION 10TH STREET TO SE LA GRANT PARKWAY This Agreement is made and entered into this ________ day of _____, 2020, by and between the City of Waukee, a municipal corporation, hereinafter referred to as "City," and Shive-Hattery, Inc., 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 Hourly Not-to-Exceed, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. I. Basic Services of the Consultant $2,922,000 II. Construction Services $627,000 Total: $3,549,000 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. 2 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 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. 3 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: Shive-Hattery, Inc.______________ Attn: Rudy Koester Attn: Nathan T. Hardisty Title: Public Works Director/City Engineer Title: Civil Engineer, Project Manager_____ Address: 805 University Ave Address: 4125 Westown Pkwy, Ste.100 City, State: Waukee, IA 50263 City, State: West Des Moines, IA 50266 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. 4 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 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. 5 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. 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. 6 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. D. In the event 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. 7 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: Nathan T. Hardisty, Project Manager Courtney Clarke, Mayor Shive-Hattery, Inc. 8 ATTACHMENT 1 – SCOPE OF SERVICES PROJECT DESCRIPTION The project is to construct, reconstruct, and relocate University Ave in Waukee from future SW 10th Street to SE LA Grant Parkway. Other included improvements are the reconstruction of Warrior Lane from University Ave to the Waukee Public Library and site paving and landscaping for the future Parks and Recreation building at 1230 Warrior Lane. The project includes pedestrian accommodations through all intersections and along University Ave. Two Pedestrian Underpasses will be included, one under each University Ave and Warrior Lane. Storm sewer improvements will be included throughout the project area. Aesthetic improvements will be considered throughout the corridor. The project is anticipated to be constructed in up to five phases. The final phasing will be determined as the project progresses but is anticipated to be as follows: • Phase 1 – University Ave - 10th Street to S Warrior Lane • Phase 2 – University Ave Joint Utility Trench - 10th Street to SE LA Grant Parkway • Phase 3 – University Ave - S Warrior Lane to SE LA Grant Parkway • Phase 4 – Site Improvements – 1230 Warrior Lane • Phase 5 – Warrior Lane - University Ave to Waukee Public Library. The project includes a Location Study, Concept Design, Preliminary Design, and Final Design of Phases 1-4 and only the Final Design of Phase 5 (preliminary design of Warrior Lane was included in a previous agreement). SCOPE OF SERVICES We will provide the following services for the project: Civil Engineering, Land Surveying, Unmanned Aerial Surveying, Landscape Architecture, Traffic Engineering and Transportation Engineering, Structural Engineering, Right-of-Way Acquisition Services, Subsurface Exploration, and Construction Administration. These services will consist of the following tasks: I. Basic Services of the Consultant 1. Project Management and Coordination A. Project Meetings 1) Kickoff Meeting - The consultant shall coordinate and lead a project kickoff meeting with appropriate City of Waukee staff. 2) Progress Meetings – The consultant shall lead monthly in person project meetings with City of Waukee Staff during the design process – 40 meetings are assumed (October 2020 to January 2024) 3) Prepare meeting minutes and documentation of items discussed at project meetings B. Bi-Weekly Progress Reporting – The consultant shall provide progress reporting with action items on a bi-weekly basis throughout the design process C. Quality Control – The Consultant will provide on-going Quality Control throughout the design process. 9 2. Location Study and Corridor Planning A. The Consultant shall study the University Avenue corridor from 10th Street to SE LA Grant Parkway with an emphasis on the segment from 10th Street to Warrior Lane. B. The Location Study shall consider the following assumptions for appropriateness of incorporation into the final project. 1) University Ave to be installed as a 4 Lane divided typical cross section east of Warrior Lane 2) University Ave to be installed as a 2-lane typical cross section with a future expansion to four lanes west of Warrior Lane 3) University Ave to be installed north of the existing City of Waukee Water Tower 4) Future Replacement of the City of Waukee Water Tower 5) The University Avenue and 6th Street intersection shall be relocated approximately 120’ south to avoid impacts to the Waukee Cemetery 6) West of 6th Street, University Ave to be installed along the existing University Ave Alignment 7) 3rd Street shall be connected to University Avenue via a full access intersection – consideration shall be given for the extension of 4th Street to a full access intersection with Warrior Lane. C. Corridor Planning shall study the corridor of University Ave from 10th Street to Warrior Lane as it interacts with the surrounding properties. Considerations shall be given to the following: 1) Parks and Recreation department improvements to the property at 1230 Warrior Lane 2) The former wastewater treatment plant site. 3) Waukee Cemetery 4) Sugar Creek Municipal Golf Course, including consideration of a future expansion of the course to 18 holes 5) The future Civic Campus west and south of the intersection of University Ave and 6th Street. 6) Impacts and connections to Warrior Park. 7) Implementation of previously designed community identity elements. 8) Sugar Creek and its tributaries, including consideration for regional stormwater detention, stream restoration, and greenways. 9) Future shared use path and recreational trail connections to key points along and surrounding the corridor. 10) Imagine Waukee 2040 Comprehensive Plan 11) Public Input in coordination with the City, assume up to two open house style meetings. 3. Surveys and Mapping A. The Consultant shall perform field and office tasks required to collect topographic data and right-of-way information deemed necessary to complete the project. B. The Consultant will conduct field surveys to obtain topographic data, ground elevations, and cross sections required for the development of the Project and to supplement the existing mapping available from the City. C. The Consultant shall obtain high resolution georeferenced orthomosaic map of the site (aerial photography). 10 D. The Consultant will contact the various utility companies and collect available information on underground utility locations and incorporate such available utility information into the base mapping of the project. Utilities to be researched include sanitary sewer, storm sewer, electric, gas, water, telephone, cable vision, and fiber optic lines. E. The Consultant will research City, County, and State Records to establish locations of property lines, right-of-way lines, and property ownership for the properties affected by the project and incorporate this data into the base mapping of the project. F. The Consultant will provide acquisition platting for Phases 1-5. It is anticipated a maximum of 13 parcels will require ac quisition platting for Right-of-Way or permanent easement. The anticipated parcels in which acquisition platting may be needed are listed below: 1) Permanent Acquisition – Right-of-Way or Permanent Easement for a portion of an existing parcel a) 295 Camden Street b) 50 University Avenue c) 1200 Warrior Lane d) Immediately SW of the existing 6th Street and University Ave Intersection e) Immediately West of Waukee Public Works f) 1050 Myles Court g) 1100 Warrior Lane h) Six parcels within the Brandon’s Reserve Development, all of which are assumed to be undeveloped and under common ownership at time of acquisition. 2) Right-of-way Platting may also be required for platting the University Ave through existing Parcels owned by the City of Waukee. This is at the following locations: a) 805 University Ave – Waukee Public Works b) Agricultural Parcel south and west of Waukee Public Works c) 1257 3rd Street – Former Waukee Wastewater Treatment Plant location d) Undeveloped Parcel east of the Former Wastewater Treatment Parcel e) 1230 Warrior Lane, including subdivision to accommodate sale of existing home on the parcel. f) Centennial Park 3) In addition to permanent easement or Right-of-Way acquisition, the Consultant shall prepare exhibits for temporary construction easements on up to 16 parcels. G. The Consultant will provide staking of the Right-of-Way or proposed roadway project features (edge of pavement, Centerline of future Storm Sewer, etc.) for the purposes of relocation of utilities throughout the corridor. Construction staking of the actual private utility is not included with the exception of street lighting pole locations. Additionally, construction staking during the roadway reconstruction is not included. 11 4. Right-of-Way Acquisition Services, Phase 1 (By Sub-Consultant – JCG Land Services, Inc.) A. Real Estate Acquisition is anticipated for 29 parcels listed below. Real Estate acquisition services beyond these parcels is not included in this scope of services. 1) 295 Camden Street 2) 50 University Avenue 3) 1200 Warrior Lane 4) Immediately SW of the existing 6th Street and University Ave Intersection 5) Immediately West of Waukee Public Works 6) 1050 Myles Court 7) 1100 Warrior Lane 8) Six parcels within the Brandon’s Reserve Development, all of which are assumed to be undeveloped and under common ownership at time of acquisition. 9) Up to 16 parcels for acquisition of temporary easements only. B. Record of Property Ownership and Liens Certificates. Based on the final design of the facility or public improvement project, SUBCONSULTANT will identify those parcels that are expected to be acquired in fee or encumbered by an easement to identify current ownership. For acquisition purposes, a certified Record of Ownership and Liens report(s) will be obtained by SUBCONSULTANT from a local abstractor and verified to identify all the owners, easements and encumbrances, judgments, mortgages, and other interest holders needed to obtain possession of the interests in land being acquired. C. Public Hearing. If applicable, the CLIENT will mail the Notice of Public Heari ng and a Statement of Property Owner’s Rights to all property owners and contract purchasers by regular mail not less than 30 days before the date of the hearing; and publish a notice of the public hearing at least 4 but not more than 20 days before the public hearing. Upon request, SUBCONSULTANT will participate in the Public Hearing to explain the acquisition process. D. Compensation Valuation. SUBCONSULTANT will prepare offers of compensation based current fair market value of similar property in the vicinity of the project. T o adequately determine the fair market value of right of way sought to be acquired, SUBCONSULTANT will search public records for comparable sales data for each land use type encountered for allocation of just compensation payments. If the proposed acquisition for any parcel is complicated and/or estimated to exceed $25,000.00, SUBCONSULTANT will recommend the services of an experienced Eminent Domain Appraiser to prepare the appraisal products for the CLIENT. If requested, SUBCONSULTANT will also recommend an experienced Eminent Domain Review Appraiser to complete the valuation process. The CLIENT shall approve the Review Appraiser’s allocation of value to be offered to the affected property owner(s) as Just Compensation for the acquisition of each parcel. E. Acquisition Process. Forms of transfer documents and purchase agreements will be submitted to the CLIENT for approval and acceptance. Where applicable, preparation of Warranty Deeds for the conveyance of fee ownership interests will be the responsibility of the CLIENT’s attorney, or other attorney to comply with state law. 12 F. SUBCONSULTANT shall make a good faith effort to negotiate the purchase of the land, or interests in the land, needed for the project. SUBCONSULTANT shall make contacts with the property owners, tenants, and/or their legal representative to explain the effect of the acquisition, answer questions, and make a written offer to acquire the property. Nonresident landowners shall be contacted by mail, return receipt requested if necessary . If an agreement cannot be reached with a property owner through good fa ith negotiations, SUBCONSULTANT shall consider any evidence of value or an appraisal provided by the landowner; report landowner counteroffers; and/or make a recommendation whether a settlement should be attempted at an amount other than that previously offered. No action shall be taken based on such recommendations until it has been approved by the CLIENT 1) Negotiations shall be considered complete upon occurrence of one of the following: 2) both the owner and tenant accept the offer or an administrative settlement, or 3) either the owner or tenant fails or refuses to sign the offer or administrative settlement, or 4) in the judgment of the CLIENT, negotiations have reached an impasse. 5) For every parcel on which negotiations have reached an impasse or that cannot be acquired by negotiated agreement, SUBCONSULTANT shall deliver as much of the file to the CLIENT as is necessary for the CLIENT’s Attorney, or other attorney, to begin preparation for the condemnation of the parcel. G. Closing Process. Upon completion of the acquisition of right of way, SUBCONSULTANT will organize and verify data for each parcel file’s closing and payment process and return the parcel file data to the CLIENT and/or ACQUIRING AUTHORITY for payment processing and the closing process. The completed file will contain originals of all executed conveyance documents, a signed W-9 form, and, if necessary, an Allocation of Proceeds statement directing the split of payment(s) to be made. SUBCONSULTANT will coordinate with the ACQUIRING AUTHORITY’s legal counsel to conduct any fee title closings. H. Relocation Assistance If necessary, (UNDER A SEPARATE TIME AND MATERIALS ADDENDUM TO THIS AGREEMENT) SUBCONSULTANT will provide relocation assistance and advisory services in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The relocation agent will meet with the CLIENT to review the program and discuss the scope of work before beginning any activities relating to relocation assistance. The SUBCONSULTANT relocation assistance specialist will follow the general procedures, provide services, create, and maintain records, and submit reports and status reports as requir ed by State and Federal procedures. The tasks involved with relocation activities include initial interviews with displacees, preparation of studies, presentation of offers, inspecting replacement properties, attending closings, monitoring moves, processing and reviewing claims, and providing advisory assistance. I. Condemnation Support. In the event condemnation should become necessary, SUBCONSULTANT will provide parcel file documents and information necessary for the CLIENT and/or the ACQUIRING AUTHORITY’s attorney, or other attorney, to file the Application for Condemnation. If requested, (UNDER A SEPARATE TIME AND MATERIALS ADDENDUM TO THIS AGREEMENT) attend necessary meetings in support of the condemnation proceeding and/or appear as an expert witness at the condemnation hearing. In addition to the items contained in the Scope of Services for this Agreement, SUBCONSULTANT will also provide additional support and administrat ive services as requested by the CLIENT’s attorney in support of the condemnation process on a case by case basis. 13 5. Traffic Studies and Traffic Engineering A. The Consultant will perform a Traffic Study along University Ave from 10th Street to SE LA Grant Parkway. The study will evaluate capacity analysis and future needs along the corridor. 1) Data Collection – 14-hour turning movement counts will be collected on a typical weekday (Monday through Thursday) at the following study intersections along University Avenue: a) 6th Street b) Warrior Lane c) SE LA Grant Parkway d) Warrior Lane between Ashworth Drive and Hickman Road at all intersections in support of the Warrant Analysis. 2) Existing Conditions and Safety Assessment along University Avenue - Document existing land usage, street’s functional classification, width, number of lanes, intersection configurations, posted speed limits and on-street parking, and traffic count information. Document crashes along the corridor for the previous 5 years including any injury crashes. 3) Traffic Forecasting - Project design year traffic volumes on University Avenue and cross-streets using information from the MPO, City of Waukee, Iowa DOT’s historical AADTs, and future land use. 4) Traffic Modelling and Corridor Planning - Develop Vistro or Synchro/SimTraffic traffic model for the AM and PM peak hours for the following scenarios: a) Existing Conditions b) Opening year with Existing Geometry c) Opening year with Improvements, if warranted d) Design year with Existing Geometry e) Design year with Improvements 5) Perform Capacity / Queuing / Traffic Control / Geometric Impact Analysis for study intersections. 6) Complete Warrant Analysis for proposed / recommended traffic control changes. 7) Evaluate access management impacts. 8) Perform Warrant Analysis for consideration of removal of stop sign at Warrior Lane and Winfield Parkway following installation of roundabout with Warrior Lane Phase 1 Improvements (Warrior Lane Phase 1 completed under separate agreement). a) Use the Traffic Counts collected on Warrior Lane between Ashworth Drive and Hickman Road at all intersections in support of the Warrant Analysis. 9) Multi-Modal Assessment - Pedestrian, bicyclist, and transit accommodations. 10) Conclusions - Discuss potential concerns or modifications to the following: a) Roadway and intersection safety and operations. b) Traffic control and geometric impacts to the streets and intersections. c) Pedestrian, bicyclist, and transit accommodations. d) General Access. e) Discuss any trends in crash data. f) Provide recommendations. g) Provide partial inputs to the City at the preliminary, 1st draft and final report milestones. 14 6. Funding Assistance A. The Consultant will evaluate the University Ave corridor for inclusion in an Iowa Clean Air Attainment Program (ICAAP) grant application. B. If eligible, the Consultant shall prepare an application for ICAAP funds and submit to the Iowa DOT on behalf of the City. 7. Conceptual Plan Development A. The Consultant will develop conceptual plans for University Ave and 1230 Warrior Lane Site Improvements. Plan development will be based upon the selected alternatives from the Location Study and Corridor Planning Conceptual Plans to show the roadway and intersection improvements and right-of-way impacts. The conceptual plans will include project extents, pedestrian accommodations, roadway, and intersection geometry and property owner impacts. B. The conceptual plan will be reviewed, revised by the Consultant (if requested by the City), and approved by the City prior to presenting to Project Stakeholders and the Public. C. The Consultant will prepare a concept level cost opinion and submit to the City for review 8. Preliminary Design and Plans - University Ave A. The Consultant will perform preliminary design services in the preparation of design plans and specifications depicting the proposed grading, drainage, paving, signing, watermain, utilities located within the proposed right-of-way, aesthetics, and other features of the project. The plans for the project will be approximately 60% complete upon completion of the Preliminary Design. Preliminary Design plans will include the following: 1) Title and General Information Sheets (A Sheets) 2) Preliminary Typical Cross Sections (B Sheets) 3) Preliminary Plan and Profile Sheets (D and E Sheets) 4) Reference Ties and Benchmarks (G Sheets) 5) Preliminary Staging (J Sheets), If necessary 6) Preliminary Stormwater Drainage Design (M Sheets) 7) Preliminary Pavement Marking and Signage (N Sheets) 8) Watermain Sheets – O Sheets 9) Preliminary Street Lighting Design Sheets (P Sheets) 10) Preliminary Aesthetic Enhancements (U Sheets) 11) Preliminary Culvert Type, Size, and Location Plans – Drainage Culvert and Pedestrian Underpass (V Sheets) 12) Preliminary Cross Section Sheets (W, X, Y Sheets) B. An Opinion of Probable Construction Cost will be completed with Preliminary Design. C. The Consultant will explore up to three concepts for Aesthetic treatments throughout the corridor. D. Two Preliminary Plans sets are assumed, 10th Street to Warrior Lane and Warrior Lane to SE LA Grant Parkway 9. Park Master Plan and Preliminary Design of Site Improvements - 1230 Warrior Lane A. Park Master Plan Tasks and Deliverables - 1) Conduct a programming exercise with Parks and Recreation staff. Identify components to include on this site. 2) Develop 2-3 diagrams featuring the desired components. 3) Refine into a single, preferred concept with options for stakeholder consideration. Submit to the City electronically for approval. 15 4) Determine stormwater management requirements for the site and define preliminary stormwater detention requirements and offsite discharge locations. 5) Develop a 3D model of the preferred concept. Refine the final concept and develop a final plan rendering and key exports/images from the 3D model to use for communication and promotion of the project. 6) Facilitate one public engagement session, assumed to be open-house style. 7) Develop a budgetary cost opinion. 8) Attend and present the master plan at a Parks Board meeting. 9) Deliverables: Rendered plan and images exported from model provided as PDF and high-resolution imagery, cost opinion. B. Preliminary Design Deliverables- Develop Preliminary Design Development documents to include: 1) Site Preparation Plan illustrating modifications to the existing site to prepare for the proposed improvements. 2) Site Layout Plan illustrating proposed physical features such as paving, walks, and building location. 3) Grading Plan illustrating 1’ contour intervals to communicate general grading concept. Spot elevations will not be provided. 4) Utility Plan illustrating general layout of major site utilities to include water, sanitary, and storm sewer lines. Approximate pipe sizes, pipe materials and approximate structure locations and types will be provided. Any additional design information pertaining to gas, electric, and communication will be shown on the plans as provided by Others. 5) Landscaping Plan illustrating proposed location of all plant materials with labels and quantities. Plan will include a plant schedule with plant material and container sizes. Plan notes will reflect Owner expectations for maintenance items such as mulch types, weed barriers. 6) Construction details representing the improvements. 7) Draft of technical specification sections related to the work associated with the site work utilizing Iowa SUDAS standard specification where applicable. 8) Prepare an Opinion of Probable Construction Costs. 10. Subsurface Exploration – Soil Borings (By Sub-Consultant Allender Butzke Engineers, Inc.) A. Geotechnical Exploration – Mobilization with truck and ATV drilling equipment, traffic control, utility locations (Iowa One Call), drill 26 borings 15 to 30 feet deep (18 roadway borings, 4 embankment/culvert borings,3 former lagoon/wastewater treatment plant borings, and 1 6th Street intersection boring), laboratory testing (including two each Proctor, grain size, and Atterberg Limits tests for subgrade soils), engineering analysis and written reports. B. Pavement thickness design for the proposed roadway. 11. Utility Coordination A. The Consultant shall coordinate with utility companies in the corridor to discuss impacts to their facilities by the proposed roadway improvements. The anticipated utilities located within the corridor are listed below: 1) CenturyLink 2) Consolidated Communications 3) Mid-American Energy - Electric 4) Mi-Fiber 5) Mediacom Communications Corp. 6) City of Waukee 7) Waukee Community School District 16 B. It is anticipated up to two meetings with each of the utilities will be held to discuss their impacts to their facilities and a plan for relocation. C. The Consultant shall coordinate with the utilities during relocation of their facilities, if necessary. 12. Final Plans and Specifications, University Ave and Warrior Lane A. Based upon approved preliminary design, the C onsultant shall subsequently proceed with final design, contract drawings, specifications, and an opinion of probable construction cost for the award of a single contract for each phase of the construction of the proposed improvements. Final Plans and Specifications to include the following: 1) Title and General Information Sheets (A Sheets) 2) Typical Cross Sections (B Sheets) 3) Estimate of Quantities, Estimate Reference Information (C Sheets) 4) Plan and Profile Sheets (D and E Sheets) 5) Erosion Control Sheets (EC Sheets) 6) Reference Ties and Benchmarks (G Sheets) 7) Right-of-way Sheets (H Sheets) 8) Traffic Control and Staging (J Sheets) 9) Intersection Geometrics (L Sheets) 10) Stormwater Drainage Design and Green Stormwater Infrastructure (M Sheets) 11) Pavement Marking and Signage (N Sheets) 12) Watermain Sheets (O Sheets) 13) Street Lighting Design Sheets (P Sheets) 14) Curb Ramp, Sidewalk, and Trail Plans (S Sheets) 15) Construction Details and Aesthetic Enhancements (U Sheets) 16) Culvert and Pedestrian Underpass Construction Details (V Sheets) 17) Detailed Cross Sections (W, X, Y Sheets) B. Opinion of Probable Costs. C. Three Phases of final plans are anticipated: University Ave – 10th Street to Warrior Lane, University Ave Warrior Lane to SE LA Grant Parkway, Warrior Lane University Ave to Waukee Public Library 13. City Site Plan Approval Documents - 1230 Warrior Lane A. City Site Plan will be provided for the 1230 Warrior Lane Site only. B. Attendance at City Planning and Zoning, City Council meetings and public hearings are included. C. Prepare plans for City Site Plan approval including: 1) Cover Sheet. 2) Site Plan showing proposed improvements. 3) Grading Plan showing proposed contours. 4) Utility Plan including storm sewer 5) Landscape Plan. D. Landscape Plan shall meet minimum planting requirements of the City of Waukee. E. Prepare a Storm Water Management Plan report for the proposed site improvements meeting the requirements of the City of Waukee. Storm Water Management report shall include calculations for the proposed improvements. 17 1) Required stormwater detention to be defined and provided in the calculations. 2) Construction documents will be updated to reflect design of appropriate stormwater detention systems. 3) Detailed modeling and analysis of downstream storm sewers are not included in our current scope of services. F. Print documents and necessary information to submit for City Site Plan approval. G. Site Plan will be submitted to the City for approval upon 50% completion of the Construction Documents. H. City of Waukee submittal fee is assumed to be waived. 14. Final Plans and Specifications Site Improvements design 1230 Warrior Lane A. Deliverables- Upon Owner approval of the Preliminary Design Development documents, we will develop Construction Documents which will include: B. Prepare construction drawings for proposed Site Improvements. 1) Site Preparation Plan illustrating modifications to the existing site to prepare for the proposed improvements. 2) Site Layout Plan illustrating proposed physical features such as paving, walks, and building location. 3) Grading Plan illustrating 1’ contour intervals to communicate proposed grading concept of proposed improvements including spot elevation labels. 4) Utility Plan illustrating layout of major site utilities to include storm sewer, including design information for areas of storm water detention as required. Pipe size, pipe materials and structure locations and types will be provided. Any additional design information pertaining to water, sanitary sewer, gas, electric, and communication will be shown as existing on the plans. 5) Landscaping Plan illustrating proposed location of all plant materials with labels and quantities. Plan will include a plant schedule with plant material and container sizes. Plan notes will reflect Owner expectations for maintenance items such as mulch types, weed barriers. 6) Construction details representing the improvements. 7) Erosion Control Plan Identifying Best Management Practices (BMP’s) that can be utilized throughout construction and updated by Contractor. 8) Full technical specifications related to the work associated with the site work. 9) Site lighting design and photometrics 10) Opinion of Probable Costs 15. Permitting A. The Consultant will provide a Wetland and Waters of the United States (WUS) delineation for the project area. If wetlands or WUS are present, the upper boundaries within the project area will be identified and mapped. B. It is anticipated a Nationwide Section 404 permit can be obtained should wetlands be impacted by the project. The Consultant will coordinate with the United States Army Corps of Engineers to obtain clearance under a section 404 nationwide permit. In the event additional studies are required for a regional permit or individual permit those shall be considered additional services. C. The Consultant shall coordinate the publishing of the public notice of stormwater discharge and provide proof of publication to the contractor. D. It is assumed that impacts to the existing protected stream mitigation area within Centennial Park can be avoided, if impacts cannot be avoided and additional stream 18 mitigation is required it can be added to this scope of services by a mutually agreed amendment to the contract. 16. Bidding A. The Consultant will coordinate and manage the letting process for the project including printing of plans and specifications, preparing the formal Notice of Hearing and Letting, and plan clarification and addenda. Consultant to attend bid opening, prepare the bid tabulation, make recommendation of award of contract, and secure the necessary contractual documents II. Construction Services 1. Construction Administration A. Construction Administration services shall consist of services to assist the City in implementing the construction contract for Phases 1-5 of this project. The work tasks to be performed by the Consultant with each phase shall include the following: 1) Conduct a Pre-Construction Meeting after the award of the construction contract for the Contractor, Subcontractors, Utility Companies, and other interested parties. 2) Review Shop drawings, samples, and other data which the Contractor is required to submit. 3) Participate in weekly Construction meetings and provide documentation (meeting summaries) of the discussion and decisions reached in those meetings. For budgeting purposes, it is assumed meetings will completed for: a) Phase 1 – University Ave 10th Street to S Warrior Lane: 60 weeks of active construction b) Phase 2 – University Ave Joint Utility Trench 10th Street to SE LA Grant Parkway: 12 weeks of active construction c) Phase 3 – University Ave S Warrior Lane to SE LA Grant Parkway: 45 weeks of active construction d) Phase 4 – Site Improvements – 1230 Warrior Lane: 30 weeks of active construction e) Phase 5 – Warrior Lane University Ave to Waukee Public Library: 45 weeks of active construction 4) Provide visits to the site at intervals appropriate to the various stages of construction as the Consultant deems necessary to observe as an experienced and qualified design professional the progress and quality of the various aspects of the Contractor’s work. For budgeting purposes, it is assumed one site visit per week will be completed according to the schedule listed above for weekly construction meetings 5) Issue necessary interpretations and clarifications of the plans, and in connection therewith, prepare change orders as required. For budgeting purposes, 120 hours engineering has been included per phase 6) Prepare and assist in processing Pay Requests and Change Orders. The consultant shall not be responsible for determining the amount/quantity of items constructed in the field 7) Prepare construction record drawings defining the actual location of improvements and fixtures showing those changes made during construction, based on the marked- up drawings and other data furnished by the contractor and the Resident Construction observer. Field survey of the constructed storm sewer for determining storm sewer pipe inverts is included, all other as constructed survey is not included. B. Resident Construction Observation services are not included. If desired by the City, these services can be added by a mutually agreed upon supplemental agreement to this contract. 19 ADDITIONAL SERVICES The following are additional services you may require for your project. We can provide these services, but they are not part of this proposal at this time. 1. Modifications to private property including modifications to the Waukee Middle School property. 2. Preparation of Environmental Documentation CE/EA/EIS. 3. Stream Corridor Restoration 4. Cultural Resources Surveys. 5. Contaminated Soils Investigations. 6. Street Lighting Circuit Design. 7. Subsurface Utility Investigations. 8. Construction Observation 9. Construction Survey. 20 ATTACHMENT 2 – PROJECT SCHEDULE Schedule Location Study and Corridor Planning October 2020 – March 2021 Traffic Study October – November 2020 Preliminary Design: December 2020 – May 2021 Final Design University Ave 10th Street to Warrior Lane: Summer and Fall 2021 Final Design 1230 Warrior Lane Site Improvements Winter 2021 – 2022 Final Design University Ave Joint Utility Trench 2022 Final Design University Ave Warrior Lane to SE LA Grant Parkway: 2022 Final Design Warrior Lane Phase 2 2023 Construction Administration University Ave 10th Street to Warrior Lane 2022 Construction Administration 1230 Warrior Lane Site Improvements 2022 Construction Administration University Ave Joint Utility Trench Fall 2022 – 2023 Construction Administration University Ave Warrior Lane to SE LA Grant Parkway 2023 Construction Administration Warrior Lane Phase 2 2024 21 ATTACHMENT 3 SCHEDULE OF FEES CONSULTANT’S 2020 STANDARD HOURLY RATE SCHEDULE PROFESSIONAL STAFF: TECHNICAL STAFF: Grade 1 $ 90.00 Grade 1 $ 63.00 Grade 2 $109.00 Grade 2 $ 78.00 Grade 3 $122.00 Grade 3 $ 88.00 Grade 4 $136.00 Grade 4 $ 95.00 Grade 5 $150.00 Grade 5 $108.00 Grade 6 $163.00 Grade 6 $122.00 Grade 7 $177.00 Grade 7 $137.00 Grade 8 $195.00 Grade 9 $210.00 ADMIN STAFF: $ 62.00 SURVEY STAFF: One Person $135.00 Two Person $208.00 One Person with ATV $161.00 Two Person with ATV $234.00 Drone Surveyor (Video or Photogrammetry) $160.00 Drone Surveyor (Thermography) $320.00 Hydrographic Survey Crew (Two Person) $274.00 Scanning Surveyor $175.00 Surveyor with Two Scanners $250.00 REIMBURSABLE EXPENSES: TRAVEL IN-HOUSE SERVICES Mileage- Car/Truck $0.57/ Mile Prints/Plots: Mileage- Survey Trucks $0.67/ Mile Bond $ .30/Sq. Ft. Lodging, Meals Cost + 10% Mylar $ .75/Sq. Ft. Airfare Cost + 10% Photogloss $ .90/Sq. Ft. Car Rental Cost + 10% Color Bond $ .60/Sq. Ft. Foam Core Mounting $ 13.00 OUTSIDE SERVICES Aerial Photogrammetry Cost + 10% Color Prints: Professional Services Cost + 10% Letter Size $ 1.00 Prints/Plots/Photos Cost + 10% Legal Size $ 2.00 Deliveries Cost + 10% Hourly Rates are subject to change in order to account for inflation for years beyond 2020.