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HomeMy WebLinkAbout2022-01-03-J01J_04 Professional Consulting Agreement_Hickman Rd-SE Brick Intersection\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: January 3, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with Snyder & Associates, Inc. [Hickman Road and SE Brick Drive Intersection Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The project includes converting the full access intersection at Hickman Road and SE Brick Drive to a ¾ access with left-in movements allowed from Hickman Road and right-in/right-out movements allowed from SE Brick Drive. Restricting access to/from SE Brick Drive is in response to planned development on the north side of the intersection. Modifications to the intersection are anticipated to conform to the recommendations provided in the Traffic Impact Study (TIS) completed for the development. Modifications to the SE Brick Drive intersection are anticipated to be incorporated into the plans for the intersection at Berkshire/SE Waco Place and bid as one project. Construction items associated with SE Brick Drive will be bid as a separate division. This project is part of the draft FY 2023 CIP with a total project cost of $1,351,000. Waukee’s responsibility of that total cost is $700,000. This budgeted amount reflects Waukee’s financial responsibility for both intersection improvements (Hickman/Berkshire/Waco and Hickman/Brick). The budget also reflects the USTEP grant the Cities of Clive and Waukee received from the Iowa DOT (increased to $400,000) and Clive’s responsibility of the Hickman/Berkshire/Waco intersection improvements ($275,000). The project schedule is currently set to take bids in February 2022 and complete construction by November 2022. The Professional Consulting Services Agreement with Snyder and Associates is for $48,800.00 which is approximately 7.8% of the total project cost for the Hickman Road/SE Brick Drive intersection improvements. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant a Not-to-Exceed sum of $48,800.00, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3 of the agreement. STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution. ATTACHMENTS: I. Resolution II. Agreement for Professional Consulting Services PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK J1J4 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH SNYDER & ASSOCIATES, INC. [HICKMAN ROAD AND SE BRICK DRIVE INTERSECTION 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 desires to retain the consultant services of Snyder & Associates, Inc. for the Hickman Road and SE Brick Drive Intersection Project; AND, WHEREAS, the scope of services includes converting the full access intersection at Hickman Road and SE Brick Drive to a ¾ access with left-in movements allowed from Hickman Road and right-in/right-out movements allowed from SE Brick Drive. Restricting access to/from SE Brick Drive is in response to planned development on the north side of the intersection. Modifications to the intersection are anticipated to conform to the recommendations provided in the Traffic Impact Study (TIS) completed for the development; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services between Snyder & Associates, Inc. and the City of Waukee, Iowa [Hickman Road and SE Brick Drive Intersection Project] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 3rd day of January, 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.doc AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Hickman Road and SE Brick Intersection City Project No. _______ This Agreement is made and entered into this day of , 2022, 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 $3,800 B.Topographic Survey $5,500 C.Boundary Survey $1,300 D.Preliminary Roadway Design $15,100 E.Final Roadway Design $13,300 SUBTOTAL $39,000 (Hourly Rate + Expenses) Construction Phase Services of the Consultant A.Bidding $1,100 B.Construction Administration $6,500 E.Record Drawings $2,200 SUBTOTAL $9,800 (Hourly Rate + Expenses) TOTAL $48,800 (Hourly Rate + Expenses) 2 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.doc 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 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 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.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. 4 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.doc 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. 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 5 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.doc 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. 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 6 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.doc 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 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. 7 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.doc CONSULTANT CITY OF WAUKEE By: By: Name: David N. Moeller, P.E. Courtney Clarke, Mayor Title: President 8 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.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 converting the full access intersection at Hickman Road and SE Brick Drive to a ¾ access with left-in movements allowed from Hickman Road and right-in / right-out movements allowed from SE Brick Drive. Restricting access to/from SE Brick Drive is in response to planned development on the north side of the intersection. Modifications to the intersection are anticipated to conform to the recommendations provided in the Traffic Impact Study (TIS) completed for the development. Modifications to the SE Brick Drive intersection are anticipated to be incorporated into the plans for the intersection at SE Waco Place and bid as one project. Construction items associated with SE Brick Drive will be bid as a separate division. 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, three (3) meetings anticipated with City. i. Preliminary plan review. ii. Initial utility coordination meeting, subsequent individual utility coordination. iii. Check plan review f. City Council presentation, as necessary. g. Coordinate with Iowa DOT District 1 staff, including submittal of a Work Within Right-of-Way permit, preliminary plans, and final plans. 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 9 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.doc 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. 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. Preliminary Roadway Design The Consultant shall perform preliminary design and prepare plans for the Project. a.The preliminary design and plans will follow the concept outlined in TIS performed for the development. Preliminary plans include typical sections of the proposed intersection modifications, plan and profile information including geometric details of the intersection, alignment information, traffic control and staging, drainage design, preliminary pavement marking layout, and cross sections. b.Drainage improvements are anticipated to be modifications to existing intake structures. c.Extension of water mains will be the responsibility of the development and are not included in this scope of work. d.Sanitary sewer design is not anticipated as part of the Project. e.It is anticipated that all improvements will be constructed within previously acquired right-of-way, no new acquisition is necessary. 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.Preliminary plans will be coordinated and incorporated into the plans for the Berkshire Parkway / SE Waco Place intersection project. h.Preliminary plans will be submitted to the City for comment before proceeding to final design. i.An Opinion of Probable Construction Cost will be provided at the end of the preliminary design and submitted with the preliminary plans. j.A public information meeting (PIM) is not anticipated. E. Right-of-Way Services Right-of-way has already been or will be acquired by the City. F. 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 10 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.doc 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 coordinated and incorporated into the plans for the Berkshire Parkway / SE Waco Place intersection project. Final plans include: i.Quantities and tabulations. Separate division. ii.Bid item reference notes. iii.Final plan and profile drawings. iv.Geometric design and jointing details. v.Final traffic control and staging plans integrated with Berkshire/Waco. vi.Final storm sewer modifications. vii.Final jointing and intersection design. viii.Pavement marking plan. ix.Final cross sections. b.Opinion of Probable Construction Costs: Consultant shall prepare an opinion of the total probable construction costs based upon the design developed. Statements of 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. G. Geotechnical No geotechnical services are included in this project scope 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: The Project will be let as a single project, incorporated into the bid for the Berkshire Parkway and SE Waco Place project by the City of Clive. Construction items associated with the Project will be included as a separate division. The Consultant shall coordinate the letting and supply the necessary documents for this process. b.Advertising: Included in the Berkshire Parkway and SE Waco Place project. c.Letting: Included in the Berkshire Parkway and SE Waco Place project. 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: Included in the Berkshire Parkway and SE Waco Place project. b.Contractor Payment Requests: The Consultant shall review the requests of the contractor for progress payments and track quantities separately for the project division. 11 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.doc Approval of a request shall be based upon site 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. It is understood the City will see that these recommendations are implemented by the contractor. d.Change Orders: The Consultant shall prepare change orders. e.The Consultant will conduct a final walk-through of completed improvement with the City and Contractor. The Consultant will prepare a punch list of items to be completed by the Contractor, and coordinate completion of those items with the Contractor. 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, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. C. Construction Survey It is understood construction survey will be the responsibility of the Contractor and is not included in this scope of work. D. 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. 12 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.doc PROJECT LOCATION MAP 13 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.doc ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the scope of services under this Agreement shall be as follows: Notice to Proceed January 3, 2022 Preliminary Design January 2022 Construction Documents February 2022 Bid Letting February/March 2022 Construction period July – October 2022 14 P:\Agreements\Waukee\2021_SEBrick\PSA_2021-12-14_SEBrickIntersection_Agreement.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.