Loading...
HomeMy WebLinkAbout2022-02-22-I01E_05 Professional Consulting Services Agr_NW 6th St RCB Culvert over LWC\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: January 22, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with Foth Infrastructure and Environment, LLC. [NW 6th Street RCB Culvert Over Little Walnut Creek] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The project consists of construction of a new reinforced concrete box culvert over Little Walnut Creek. The consultant will complete project coordination activities, survey and mapping, preliminary design, project permitting, final design, and construction phase administration. Services will also include culvert structure design, hydraulic modeling, wetland delineation, and geotechnical exploration. This scope of services is based on the following project assumptions: Roadway design to be completed by the Developer engineer (Civil Design Advantage) Hydraulic model received from FEMA will be in HEC-2 format and converted to HEC-RAS The Consultant shall provide design services and deliverables as necessitated for one (1) letting in the summer of 2022 for the NW 6th Street RCB Culvert project. This improvement is the City’s requirement to complete per the original Developer’s Agreement (BK 2019 PG 8511) and supplemental DA (BK 2020 PG 26802) the City has previously approved with Temple Holdings for the Courtyards at Parkside development. This project is included in the draft FY 2023-27 CIP for with a total project cost estimated at $715,000. Project schedule entails completing design by June 2022 for a July 2022 bid letting with construction being shortly after. The anticipated completion is by the end of calendar year 2022 with final surface restoration likely occurring in the spring of 2023. Foth’s fee is $100,000 which is 14% of the total project cost. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant a Not-to-Exceed sum of $100,000.00, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3 of the agreement. COMMISSION/BOARD/COMMITTEE COMMENT: 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 I1E5 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC [NW 6TH STREET RCB CULVERT OVER LITTLE WALNUT CREEK] 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 Foth Infrastructure and Environment, LLC for the NW 6th Street RCB Culvert Over Little Walnut Creek Project; AND, WHEREAS, the scope of services consists of construction of a new reinforced concrete box culvert over Little Walnut Creek. The consultant will complete project coordination activities, survey and mapping, preliminary design, project permitting, final design, and construction phase administration. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services between Foth Infrastructure and Environment, LLC and the City of Waukee, Iowa [NW 6th Street RCB Culvert Over Little Walnut Creek Project] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 22nd day of February 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 Page 1 of 22 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES NW 6th Street RCB Culvert Over Little Walnut Creek Waukee City Project No. This Agreement is made and entered into this day of , 2022, by and between the CITY OF WAUKEE, a municipal corporation, hereinafter referred to as “City”, and FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC, (Fed. I.D. #20-5814224), a limited liability company 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. I. Basic Services of the Consultant $ 85,000.00 II. Construction Services $ 15,000.00 Total Compensation $ 100,000.00 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. Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 2 of 22 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. Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 3 of 22 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: Foth Infrastructure and Environment Attn: Rudy Koester, P.E. Attn: Joshua C. DeBower, P.E. Title: Director of Public Works Title: Local Municipal Market Leader Address: 230 W. Hickman Road Address: 8191 Birchwood Court, Suite L City, State: Waukee, IA 50263 City, State: Johnston, IA 50131 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. Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 4 of 22 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(A) 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. Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 5 of 22 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. 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. Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 6 of 22 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 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. Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 7 of 22 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: Joshua C. DeBower, P.E. Name: Courtney Clarke Title: Local Municipal Market Leader Title: Mayor WITNESS ATTEST Name: Molly Long, P.E. Name: Rebecca D. Schuett Title: State Municipal Market Leader Title: City Clerk Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 8 of 22 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. The project consists of construction of a new reinforced concrete box culvert over Little Walnut Creek in Waukee, Iowa. The Consultant will complete project coordination activities, survey and mapping, preliminary design, project permitting, final design, and construction phase administration. Services will also include culvert structure design, hydraulic modeling, wetland delineation, and geotechnical exploration. This scope of services is based on the following project assumptions: · Roadway design to be completed by the Developer engineer (Civil Design Advantage) · Hydraulic model received from FEMA will be in HEC-2 format and converted to HEC- RAS · The Consultant shall provide design services and deliverables as necessitated for one (1) letting in the summer of 2022 for NW 6th Street RCB Culvert. The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following tasks: I. BASIC SERVICES OF THE CONSULTANT The Consultant shall consult on a regular basis with the City to clarify and define the City’s requirements for the Project and review available data. The City agrees to furnish to the Consultant full information with respect to the City’s requirements, including any special or extraordinary considerations for the Project or special services needed, and to also make available pertinent existing data. The Consultant shall provide the following basic services regarding the Project: A. PROJECT COORDINATION Task 1 – Maintain and Update Project Mailing List – Task not used Task 2 – Public Information Meetings – Task not used Task 3 – Individual Property Owner Meetings – Task not used Task 4 – Utility Coordination – Task not used Task 5 – Periodic Meetings with Local Elected Officials – Task not used Task 6 – Exhibit Preparation for Council Meetings – Task not used Task 7 - Project Management The project manager for the Consultant will be responsible for monthly progress reporting, minutes of meetings, interoffice memoranda, and invoicing. This task also Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 9 of 22 includes scheduling of staff, coordinating with Subconsultants, review of progress, and senior review of deliverables. Task 8 – Coordination with Developer The Consultant shall coordinate with the Developer on the proposed box culvert location, proposed roadway horizontal and vertical alignments, and typical roadway cross section. It is assumed coordination with this task will be primarily through email correspondence. B. DESIGN SURVEYS AND MAPPING The Consultant shall perform field and office tasks required to collect topographic information deemed necessary to complete the project. The City shall provide aerial photographic and other available mapping of the Project area. The specific survey tasks to be performed include the following: Task 1 – Project Control Establish supplemental horizontal and vertical control for the Project area based on the City permanent Horizontal and Vertical Control monuments. Each permanent control point or benchmark shall have horizontal coordinates or elevation, recovery information, and monument description. Accurate descriptions of the horizontal control points and benchmarks will be created and recorded on the plan sheets. The Consultant shall use the following survey control for services under this agreement: 1. Horizontal Control – NA2011, Iowa State Plane South Coordinate System 2. Vertical Control – NAVD88 Vertical Datum 3. U.S. Survey Feet Task 2 - Topographic Survey Perform topographic surveys required for the development of the Project. Horizontal and vertical accuracies shall be adequate to produce a map that is compatible with the topographic data for incorporation into the existing mapping. Task 3 - Utility Survey Utilize the Iowa One-Call Design Request System to identify utility owners of record, obtain existing utility mapping information, and request that buried utilities be marked in the field. Field survey marked utilities, incorporate into project base map, and document utility name and contact information on the utility legend. This task includes establishing manhole and intake elevations for existing sanitary sewer, storm sewer, and roadway culverts. Anticipated utilities to be surveyed include only farm tile subdrains within the project area. Task 4 - Soil-Boring Location Survey Perform soil-boring location surveys to establish location and elevation of proposed geotechnical investigations consisting of approximately two (2) soil borings. Task 5 – Right of Way Survey – Task not used Task 6 – Property Ownership and Research – Task not used Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 10 of 22 Task 7 – Preparation of Plats – Task not used Task 8 – Staking for Real Estate Negotiations – Task not used Task 9 – Permanent Monumentation of Right-of-Way – Task not used Task 10 – Utility Relocation Staking – Task not used C. ENVIRONMENTAL SERVICES The Consultant shall prepare documentation needed for future submittal of a U.S. Army Corps of Engineers (USACE) Section 404 Permit. The Consultant shall address all permitting requirements including, but not limited to: Task 1 – Wetland/Waters of the United States (WUS) Delineation As a part of the Section 404 documentation, the Consultant shall review and identify any tributaries, creeks, wetlands, or ponds within the project limits that may be considered WUS under the jurisdiction of USACE. Proposed impacts to a jurisdictional waterbody, including draining, filling, crossing, relocating, or discharging into the waterbody may require a Section 404 Permit from the USACE and a Section 401 Water Quality Certification from the Iowa Department of Natural Resources (DNR). The USACE will make the final determination on the jurisdictional status of WUS, the need for permit processing, and compensatory mitigation. The Consultant shall follow the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (2010) and the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1987). Jurisdictional wetlands generally have three essential characteristics: hydrophilic vegetation, hydric soils, and wetland hydrology. The Consultant shall complete the following tasks: i. Assemble application information (i.e., aerial maps, soil classifications, site hydrology, vegetation type, etc.). ii. Perform on-site visit to gather data pertaining to the hydrophytic vegetation community, surface hydrology, and hydric soil characteristics. The following items will be performed at discrete data point locations within suspect wetland areas on-site. iii. Assess each stratum of vegetation (i.e., trees, saplings/shrubs, herbs, and woody vines). Vegetation will be classified by Genus species and dominance will be assessed. iv. Classify soil types and evaluate hydric soil indicators using shallow soil probes or space holes. v. Observe site characteristics for wetland hydrology indicators. vi. Utilize a hand-held GPS unit (sub-meter accuracy) to map the location and boundaries of delineated wetlands and WUS. If heavy tree cover is present, a non- Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 11 of 22 GPS survey may be needed to identify wetland boundaries. Fees for standard surveying have not been included in this proposal. vii. Prepare maps showing the delineated wetland and WUS area(s). viii. Submit a Wetland and Waters of the U.S. Delineation Report containing the applicable data, wetland jurisdictional rationale, and proposed project information Task 2 – Wetland/WUS Mitigation Plan and Section 404 Permit If wetland or WUS impacts are proposed, the Consultant will prepare and submit a Section 404 Permit Application containing the applicable data, wetland jurisdictional rationale, and proposed project information to the USACE, DNR Flood Plain Section, and DNR Sovereign Lands Section. The Consultant will prepare a Mitigation Plan for the project to address Section 404 permitting requirements. The Mitigation Plan will summarize each wetland and WUS area that will be impacted by the project based on the findings in the Delineation Report and the proposed site plan for the project. The project site is located within the primary or secondary service areas of the Voas Mitigation Bank, McCorkle Bank, White Fox Bank and Des Moines River Mitigation Bank, which offer emergent wetland, forested wetland and WUS credits. The Consultant will contact the bank/banks regarding the purchase of credits for wetland and WUS impacts. The Consultant will utilize the State of Iowa Stream Mitigation Method as a guideline for determining the quantity of WUS credits need for the project and wetland credits will be based on USACE regulatory guidance. The scope of this proposal does not include design of a wetland or WUS mitigation area if mitigation banks or the in-lieu fee program cannot be utilized. D. PRELIMINARY DESIGN AND PLANS The Consultant will perform preliminary design services with the primary focus on geometric plans and profiles, existing and proposed utility locations, and right-of-way requirements. The preparation of the preliminary design plans will depict the proposed grading, drainage, paving, signing, utility relocation, traffic control, and other features of the project. The work to be performed by the Consultant under the Preliminary Design and Plans phase will consist of the following tasks: plans will include but not be limited to the following tasks: Task 1 – Hydrologic and Hydraulic Model The proposed culvert structure falls within a Federal Emergency Management Agency (FEMA) detailed study area. An Iowa DNR Flood Plain Development Permit will be required for the project. The Consultant shall obtain hydrology data for the study area from the US Geological Survey StreamStats web application, current flood insurance studies, and obtain the existing HEC-2 hydraulic computer model for this reach of Little Walnut Creek from FEMA. The City shall reimburse the Consultant for fees related to securing the existing hydraulic model. The HEC-2 data shall be converted to HEC-RAS (Hydraulic Engineering Center River Analysis System) software and a hydraulic analysis shall be performed to Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 12 of 22 identify minimum required conveyance open area and impacts to existing flood profiles and flood widths published in the existing Flood Insurance Study (FIS). A “No Rise” condition shall be targeted for the proposed culvert structure. Task 2 – Develop Design Criteria – Task not included Task 3 – Preliminary Design and Plan Preparation Upon completion of the preliminary plans, the design plans will be approximately 60 percent complete. The work to be performed by the Consultant under Preliminary Design shall consist of the following tasks: Title and General Information Sheets (A Sheets) This task consists of assembling the preliminary title and general information sheets. The preliminary title sheets will include the following: Index of Sheets, Legend, Location Map, and Project Number. Preliminary Special Construction Details (U Sheets) This item consists of the preliminary design and drafting of special project details not covered in other items. Included are such items as special grading details, channel grading, culvert details not included in the standard drawings, special storm sewer or manhole details not included in the standard drawings, special paving details, and other required miscellaneous details found to be required for completion of the project. Preliminary Culvert Plans (V Sheets) This task consists of the preliminary design and drafting associated with developing the RCB culvert type, size, and location (TS&L) plan. Task 4 - Preliminary Field Review A field review will be held with the Project Development Team to discuss key issues and design concepts, including drainage, access control, traffic control, and right of-way. The review will determine the completion of the plan design, identify needed adjustments to minimize potential property impacts, and confirm the proposed plans. Revisions will be noted for preparation of the final design. Completion of the field review will allow preparation for Final Plans. Task 5 – Geotechnical Exploration and Analyses (Terracon Consultants, Inc.) The CONSULTANT shall perform geotechnical services to evaluate site conditions and develop engineering recommendations for the project. Geotechnical services includes completing two (2) soils borings at a depth of thirty-five (35) feet, sampling, laboratory testing, engineering analysis, and development of a geotechnical report to present findings and recommendations. The results of our field and laboratory programs will be evaluated by a professional geotechnical engineer licensed in the State of Iowa. Based on the results of our evaluation, an engineering report will be prepared and include the following information: Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 13 of 22 · Site location and Exploration Plan · Computer generated boring logs with soil stratification based on visual soil classification · Summarized laboratory data on the boring logs · Groundwater levels observed during and shortly after completion of drilling · Boring location diagram · Subsurface exploration procedures · Description of subsurface soil conditions · Earthwork construction including excavation and subgrade preparation, structural fill material types, structural fill compaction criteria, and excavation & dewatering considerations · Shallow foundation recommendations including anticipated suitable bearing depth(s), net allowable bearing pressure, frost protection depth, and estimated total & differential settlement · Lateral earth pressure recommendations for design of below-grade RCB walls Task 6 – Quality Control Ongoing quality control input from the Project Team and the Consultant’s senior technical staff will occur throughout the development of preliminary plans. The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the preliminary plan set to the Project Team. Review the preliminary engineering plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. Task 7 – Preliminary Opinion of Probable Cost A preliminary opinion of probable construction cost for the project will be prepared. Preliminary cost estimates will be based on representative major project elements and recent bid information. Detailed quantity takeoffs will not be developed for the preliminary cost estimate and at times, percentages of overall budgeted cost may be utilized to develop the estimate. Task 8 – Budget Review Using the Opinion of Probable Cost, the Consultant shall, if necessary, make recommendations pertaining to modifications in the Project in order to address budgetary concerns. Task 9 – Monthly Project Status Meetings It is estimated that the Consultant’s staff will attend one (1) meeting with the City, and others to review progress, assist in decision-making, and receive direction from the City. It is understood by the parties that the Consultant will attend additional meetings as needed to complete the Project. Task 10 – Acquisition Determination – Task not used. Task 11 – Preparation of Right-of-Way Exhibits – Task not used. Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 14 of 22 Task 12 – Preparation of Exhibits for Individual Property Owner Discussions - Task not used Task 13 – Public Notice of Project – Task not used E. FINAL PLANS AND SPECIFICATIONS Based upon approved preliminary design, field review, and the public informational meeting, the Consultant shall subsequently proceed with final design, contract drawings, specifications, and opinion of probable construction costs for the award of a single Contract for the construction of the proposed improvements. The work tasks to be performed include the following: Task 1 – Incorporate City Comments from Preliminary Plan Review The Consultant will respond to comments resulting from the preliminary plan review and field review. Recommended modifications will be incorporated into the plan set. The Consultant will revise preliminary construction plans and special provisions to incorporate appropriate comments. Task 2 – Final (Check) Design and Plan Preparation Upon authorization from the City, the Consultant shall proceed with the development of Final Plans for the project. Upon completion, the design plans shall be 100% complete. The Consultant shall provide the following deliverables: Final Title Sheets (A Sheets) This item consists of finalizing the title sheet. The title sheets will include the following: Index of Sheets, Legend, Location Map, and Project Number. Final Survey Reference (G Sheets) This task consists of assembling reference ties to the plan control points and the benchmark data used to develop the plans and to be preserved throughout construction of the project. This task also includes preserving any Government Corners that are found in the vicinity of the proposed construction. Right-of-Way (H Sheets) This item consists of final design and layout of temporary easements required to construct the project and construction access plan. Final Erosion Control Plan (R Sheets) This task consists of the development of erosion control sheets that show a draft pollution prevention plan, existing and proposed topography, location of proposed best management practices, and permanent surface restoration types. Final Construction Details (U Sheets) This item consists of the final design and drafting of special project details not covered in other items. Included are such items as special grading details, channel grading, culvert details not included in the standard drawings, and other required miscellaneous details found to be required for completion of the project. Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 15 of 22 Final Culvert Plans (V Sheets) This task consists of final design, calculations, and drafting of the proposed RCB culvert over Little Walnut Creek, including situation plans and necessary construction details to accommodate construction. Task 3 – Project Permitting The Consultant will assist the City in preparing applications for permits from governmental authorities that have jurisdiction to approve the design of the project and participate in consultations with such authorities, as necessary. The Consultant will prepare the following document for the project: · Iowa Department of Natural Resources (DNR) Flood Plain Development Permit · IDNR NPDES Stormwater General Permit No. 2 · United States Army Corps or Engineers (USACE) Section 404 Permit Any fees for construction permits, licenses or other costs associated with permits and approvals will be the responsibility of the City. The Consultant will provide technical criteria, written descriptions and design data for the City’s use in filing the applications for permits. The Consultant will prepare the permit applications and other documentation. Task 4 - Quality Control Involve ongoing quality control input from the Project Team and the Consultant’s senior technical staff throughout the development of Check Plans. The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the Check Plans set to the Project Team. Review the Check Plans set for technical accuracy, as well as for general constructability and conformance with the project design criteria. Task 5 – Incorporate City Comments from Check Plans Submittal The Consultant will respond to comments resulting from the Check Plans review. Recommended modifications will be incorporated into the plan set. Task 6 – Final Plan Submittal The Consultant will submit two sets of Final Plans: one for a City bid project, and one for a developer construction project. Task 7 – Project Manual This task consists of providing a Project Manual for the Project, including Notice of Hearing and Letting, Instruction to Bidders, Bid Forms, Bond Forms, Agreement Forms, General Conditions of the Construction Contract, Supplementary General Conditions, and Detailed Construction Specifications. Task 8 – Opinion of Probable Construction Cost The Consultant shall update a Final Opinion of Probable Construction Cost for the project at the time of completion of the Check Plans. Detailed quantity takeoffs will be developed for the opinion of probable cost. Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 16 of 22 F. LETTING SERVICES The Consultant will coordinate and manage the letting process for the project. The work tasks to be performed or coordinated by the Consultant shall include the following: Task 1 – Advertisement for Bids/Bid Phase The Consultant shall assist in the preparation of the notice to Contractors. The Consultant shall disseminate contract documents. The work tasks to be performed or coordinated by the Consultant shall include the following: sending informal notice of project to contractors, copying of plans and project manual, distribution of plans and project manual, distribution of bid tabulation, preparation of construction contract documents and arrange preconstruction meeting. The work tasks to be performed or coordinated by the City during the Bid Period Services shall include the following: publishing the notice of hearing and letting (Consultant shall prepare the notice of hearing and letting). Task 2 – Plan Clarification The Consultant shall be available to answer questions from contractors prior to the letting and shall issue addenda as appropriate to interpret, clarify or expand the bidding documents. Task 3 – Letting, Bid Tabs, and Award Recommendation The Consultant shall have a representative present when the bids are opened, shall make tabulation of bids for the City, shall advise the City on the responsiveness of the bidders, and assist the City in making the award of contract. After the awards are made, the Consultant shall assist in the preparation of the necessary contract documents. G. CONSTRUCTION SERVICES The Consultant shall consult on a regular basis with the City to clarify and define the City’s requirements for the Project and review available data. The City agrees to furnish to the Consultant full information with respect to the City’s requirements, including any special or extraordinary considerations for the Project or special services needed, and also to make available pertinent existing data. The Consultant shall provide the following: A. Construction Administration Construction administration services shall consist of office-based services to assist the City in implementing the construction contract for this project. The work tasks to be performed by the Consultant shall include: Pre-Construction Meeting The Consultant shall conduct a pre-construction meeting after award of construction contract for the City’s Contractor, subcontractors, utility companies, and other interested parties. Shop Drawings Submittal Reviews The Consultant shall review shop drawings, samples, and other data which the Contractor is required to submit, but only for conformance with design concept of the Project and conformance with the information given in the contract documents. The Consultant shall evaluate and determine the acceptability of substitute materials and equipment proposed Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 17 of 22 by the Contractor. The Consultant shall have authority to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testing, and approvals required. Site Visits In connection with observations of the Contractor’s work while it is in progress: · The Consultant shall make visits to the site at intervals appropriate to the various stages of construction as the Consultant deems necessary (estimated to be one (1) site visit per week) in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of the Contractor’s work. Based on information obtained during such visits and on such observations, the Consultant shall determine, in general, if such work is proceeding in accordance with the Plans, and the Consultant shall keep the City informed of the progress of the work. · The purpose of the Consultant’s visits to the site will be to enable the Consultant to better carry out his duties and responsibilities during the construction phase and, in addition, by exercise of the Consultant’s efforts as an experienced and qualified design professional, to provide for the City a greater degree of confidence that the completed work of the Contractor will conform to the Plans, and that the integrity of the design concept as reflected in the Plans has been implemented and preserved by the Contractor. · The Consultant shall not during such visits supervise, direct, or have control over the Contractor’s work, nor shall the Consultant have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor for safety precautions and programs incident to the work or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes, or orders applicable to the Contractor furnishing and performing his work. · During such visits, the Consultant may disapprove of or reject the Contractor’s work while it is in progress if the Consultant believes that such work will not produce a completed Project that conforms to the Plans, or that it will prejudice the integrity of the design concept of the Project as reflected in the Plans. Weekly Progress Meetings The Consultant shall conduct weekly progress meeting with the City, Contractor, and Utility Companies to review progress, update the project schedule, resolve conflicts, and determine any corrective actions if necessary. The Consultant shall assist the Contractor in communicating upcoming construction activities with the adjacent property owners. Pay Requests and Change Order Preparation The Consultant shall prepare contractor pay requests and issue necessary interpretations and clarifications of the Plans, and in connection therewith, prepare change orders as required. Final Inspections and Project Close-Out The Consultant shall conduct an inspection in the company of the City to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable. The Consultant may recommend, in writing, final payment to the Contractor and may give written notice to the City and the Contractor that the work is Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 18 of 22 acceptable. This task will also include assembling final project documentation, certifications, and attendance at the project audits. Record Drawings This task consists of preparation of construction record drawings defining the actual location of improvements and fixtures. The Consultant shall prepare record drawings showing those changes made during construction, based on the marked-up drawings and other data furnished by the Contractor and the Resident Construction Observer. The Consultant shall provide the City with the following: · One (1) full size original of the record drawings. · Digital version, half and full size, of record drawings · Master CADD file · Electronic Construction Documentation o Approved Submittals o Material Certifications o Meeting Minutes o Pay Requests o Change Orders o Certificate of Acceptance The above Construction Administration Services is for 2022 Calendar Year only and includes a maximum of 50 hours of effort. In the event the construction period exceeds the contract working day or unanticipated conditions require Construction Administration in excess of hours stated, the Consultant shall notify the City as it approaches this limit and determine the additional effort to complete the project. The Consultant and City shall work to develop a mutual resolution for the remaining effort. B. Construction Survey Construction survey shall include qualified personnel, equipment, and supplies required for a one-time staking of the following items. Task 1 – Project Control a. Verify existing horizontal and vertical control as shown in the project plans and supplement with additional control points as-need to complete the project. b. Reset land corners and permanent reference markers as indicated on the plans. c. Tie-ins with existing roadways shall be checked for correctness of alignment prior to construction staking. d. This task does not include resetting all property corners disturbed by construction. Task 2 – Culvert Staking Locations and elevations shall be marked with metal pin or tack in a wood hub, flat, and lath. The flat shall be clearly marked with the station location; end section number; cut/fill elevation, including flowline elevation; and offset distance to the Station Location. Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 19 of 22 Task 3 – Miscellaneous Construction Staking The above tasks include qualified personnel, equipment and supplies required for a one- time construction staking for the project to establish the line and grade for the proposed improvements. Replacement costs of any survey stakes or marks that are destroyed or disturbed by the Contractor shall be charged to the Contractor. Construction staking for removals, silt fence, revetment limits, erosion control lining, surface restoration, landscaping, traffic control, and other miscellaneous items are not included in this scope of services. It is assumed that the on-site construction technician for the project will provide these services where appropriate. Existing and final cross- sections for earthwork computations are also not included in the above. The above construction period estimate includes a maximum of 10 hours of construction survey. In the event the construction period exceeds the contract working day or unanticipated conditions require construction survey in excess of 10 hours, the Consultant shall notify the City as it approaches this limit and determine the additional effort to complete the project. The Consultant and City shall work to develop a mutual resolution for the remaining effort. PROJECT DELIVERABLES The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of the City: · Preliminary Design Plans · Pre-Final (Check) Plans · Geotechnical Report · Final Plans (to developer) · Final Plans (to City) · Project Specifications · Project Close-out Documentation ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1.) Contaminated Soils Investigations 2.) Special Geotechnical Considerations 3.) Subsurface Utility Investigations 4.) ROW or Easement Platting 5.) Review Appraisals 6.) Eminent Domain Proceedings 7.) Special Assessment Calculations 8.) Additional meetings or data collection/evaluation requested by the USACE 9.) Design of a wetland or WUS mitigation area 10.) Additional T&E species studies, such as mist netting, acoustic surveys, emergence surveys or botanical surveys 11.) Phase II archeological investigations 12.) Preparation of Environmental NEPA Documentation (CE/EA/EIS) Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 20 of 22 13.) Residential Engineering/Observation Services 14.) Construction Period Testing Services 15.) Monumentation of Permanent Right-of-Way 16.) Storm Water Pollution Prevention Monitoring CITY’S RESPONSIBILITIES: The City shall provide the following: 1. Provide existing utility plans/record drawings and studies. 2. Provide existing street plans/record drawings and utility maps for the project area. 3. Provide existing topographic base mapping, aerial photo images and other available electronic files pertinent to the Project. Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 21 of 22 ATTACHMENT 2 SCHEDULE The Consultant shall complete the following phases of the Project in accordance with the schedule shown; assuming notice to proceed is issued by the City on or before February 22, 2022. I. Basic Services of the Consultant A. Project Coordination Thru September 2022 B. Preliminary Design March 2022 C. Final Plans and Specifications June 2022 D. Project Letting July 2022 II. Construction Period Services A. Construction Administration August 2022 thru September 2022 Foth Infrastructure & Environment, LLC NW 6th Street RCB Culvert Project No. 22W003.01 Over Little Walnut Creek Waukee, Iowa Page 22 of 22 ATTACHMENT 3 SCHEDULE OF FEES FOTH INFRASTRUCTURE AND ENVIRONMENT, L.L.C 2022 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION Director Project Manager Project Scientist Project Engineer Staff Engineer Planner Technology Manager Technician Construction Manager Land Surveyor Project Administrator Administrative Assistant HOURLY RATE $208.00 $178.00-$205.00 $121.00-$147.00 $147.00-$196.00 $121.00-$146.00 $121.00-$194.00 $173.00 $82.00-$149.00 $173.00 $138.00-$173.00 $80.00-$100.00 $60.00 REIMBURSABLE EXPENSES 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal Revenue Service. Service vehicle mileage will be reimbursed on the basis of $0.88 per mile. 3. Charges for outside services such as soils and materials testing, fiscal, legal and all other direct expenses will be invoiced at cost plus 10%. ADJUSTMENTS TO FEE SCHEDULE 1. Fee schedule effective January 1, 2022. Rates subject to change annually on January 1.