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HomeMy WebLinkAbout2022-04-18 I01C_02 Professional Consulting Services Agr_T Avenue Corridor\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 18, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with Foth Infrastructure and Environment, LLC. [T Avenue Corridor Improvements, W Hickman Road to NW Douglas Parkway] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The project consists of functional design of T Avenue from W Hickman Road to NW Meredith Drive. The Consultant will complete project coordination activities, survey, conceptual design, and functional design. Services will also include a traffic impact study, environmental services, storm sewer, sanitary sewer, water main, bike trail underpasses, and joint utility trench. While the construction of T Avenue isn’t scheduled until calendar year 2024, staff recommend starting the design of T Ave and a portion of NW Douglas Pkwy (east of T Ave) to provide necessary data for the Public Safety Building currently under design by OPN Architects. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant a Not-to-Exceed sum of $400,000.00, 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 I1C2 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC [T AVENUE CORRIDOR IMPROVEMENTS, W HICKMAN ROAD TO NW DOUGLAS PARKWAY] 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 T Avenue Corridor Improvements, W Hickman Road to NW Douglas Parkway; AND, WHEREAS, the scope of services consist of functional design of T Avenue from W Hickman Road to NW Meredith Drive. The Consultant will complete project coordination activities, survey, conceptual design, and functional design. Services will also include a traffic impact study, environmental services, storm sewer, sanitary sewer, water main, bike trail underpasses, and joint utility trench; AND, 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 [T Avenue Corridor Improvements, W Hickman Road to NW Douglas Parkway] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 18th day of April 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 T Avenue Corridor Improvements W Hickman Road to NW Douglas Parkway 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 par t, 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 $ 400,000 Total Compensation $ 400,000 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. 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. Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 2 of 22 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. 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 Lead Address: 230 W. Hickman Road Address: 8191 Birchwood Court, Suite L City, State: Waukee, IA 50263 City, State: Johnston, IA 50131 Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 3 of 22 6. GENERAL COMPLIANCE In the conduct of the professional services contemplated hereunder, the Consultant shall comply with applicable state, federal, and local law, rules, and regulations, technical standards, or specifications issued by the City. Consultant must qualify for and obtain any required licenses prior to commencement of work, including any professional licenses necessary to perform work within the State of Iowa. 7. STANDARD OF CARE Services provided by the Consultant under this Agreement shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 8. INDEPENDENT CONTRACTOR Consultant understands and agrees that the Consultant and Consultant's employees and representatives are not City employees. Consultant shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits, or any other form of compensation or benefit to Consultant or Consultant's employees, representatives or other personnel performing the professional services specified herein, whether it be of a direct or indirect nature. Further, it is expressly understood and agreed that for such purposes neither Consultant nor Consultant's employees, representatives or other personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation, retirement, or any other benefits whatsoever. 9. NON-DISCRIMINATION Consultant will not discriminate against any employee of applicant for employment because of race, color, sex, national origin, religion, age, handicap, or veteran status. Consultant will, where appropriate or required, take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, sex, or national origin, religion, age, handicap, or veteran status. Consultant will cooperate with the City in using Consultant's best efforts to ensure that Disadvantaged Business Enterprises are afforded the maximum opportunity to compete for subcontracts of work under this Agreement. 10. HOLD HARMLESS 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. Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 4 of 22 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. 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 Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 5 of 22 the terms of this Agreement shall be exclusively within the jurisdiction of the district court for Dallas County, Iowa. 16. COMPLIANCE WITH FEDERAL LAW To the extent any federal appropriation has or will be provided for the Project, or any federal requirement is imposed on the Project, Consultant agrees that Consultant will comply with all relevant laws, rules and regulations imposed on City and/or Consultant necessary for receipt of the federal appropriation. Consultant shall provide appropriate certification regarding Consultant's compliance. 17. SOLICITATION AND PERFORMANCE A. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that the Consultant has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or contingent fee. B. The Consultant shall not engage the services of any person or persons in the employ of the City at the time of commencing such services without the written consent of the City. 18. SUSPENSION AND TERMINATION OF AGREEMENT A. The right is reserved by the City to suspend this Agreement at any time. Such suspension may be effected by the City giving written notice to the Consultant, and shall be effective as of the date established in the suspension notice. Payment for Consultant's services shall be made by the City for services performed to the date established in the suspension notice. Should the City reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days written notice within a period of six (6) months after such suspension, unless this period is extended by written consent of the Consultant. B. Upon ten (10) days written notice to the Consultant, the City may terminate the Agreement at any time if it is found that reasons beyond the control of either the City or Consultant make it impossible or against the City's interest to complete the Agreement. In such case, the Consultant shall have no claims against the City except for the value of the work performed up to the date the Agreement is terminated. C. The City may also terminate this Agreement at any time if it is found that the Consultant has violated any material term or condition of this Agreement or that Consultant has failed to maintain workers' compensation insurance or other insurance provided for in this Agreement. In the event of such default by the Consultant, the City may give ten (10) days written notice to the Consultant of the City's intent to terminate the Agreement. Consultant shall have ten (10) days from notification to remedy the conditions constituting the default. 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. Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 6 of 22 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 T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway 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 functional design of T Avenue from W Hickman Road to NW Meredith Drive in Waukee, Iowa. The Consultant will complete project coordination activities, survey, conceptual design, and functional design. Services will also include a traffic impact study, environmental services, storm sewer, sanitary sewer, water main, bike trail underpasses, and joint utility trench. This scope of services is based on the following project assumptions: • Survey and Functional Design limits of T Avenue will be from W Hickman Road to NW Meredith Drive, about 2 miles in length. • The Minor Arterial Boulevard Section from the Waukee Street Design Guide will be used as the Functional Design pavement section for both T Avenue and NW Douglas Parkway. • Functional bike trail design for two (2) pedestrian underpasses. One located just east of T Avenue and NW Douglas Parkway intersection, and one located just north. Underpass is assumed to be a standard 12’ x 10’ RCB. • Traffic impact study shall be completed in accordance with the Iowa DOT Guidelines for Traffic Impacts Analysis with the study limits to be T Avenue from W Hickman Road/US Highway 6 to Meredith Drive and 280th Place from 2000’ west and east of T Avenue and will include the W Hickman Road/US 6 intersection. • Full access locations spaced per the Waukee Street Design Guide will be determined, anticipate every 1,200’. • Sanitary and storm sewer Functional Design limits will be from W Hickman Road to NW Douglas Parkway. • 20” water main along T Avenue and 12” along NW Douglas Parkway. • 12 conduit bank JUT will be added along T Avenue. 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 also to make available pertinent existing data. The Consultant shall provide the following basic services in regard to the Project: Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 9 of 22 A. PROJECT COORDINATION Task 1 – Maintain and Update Project Mailing List The Consultant will maintain the project mailing list and update it as needed to include all local officials, agencies and interested parties. The City will provide the initial list of interested parties. Task 2 – Client Coordination The Consultant will maintain communications with the Client to review progress and discuss specific elements of the project design and receive direction from the Client. The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision- making process, and expedite design development. Client will prepare agendas and minutes of meetings and keep documentation of other communications. For budget purposes, it is assumed these meetings will take place on a bi-weekly schedule during design events and will be attended by two (2) staff members of the Consultant. Task 3 – Internal Meetings The Consultant will conduct project planning events with the project team. The events will involve the development of a realistic project plan, including a high-level master schedule and resource plan. Regularly scheduled stand-up meetings will be used to update the entire team on the progress of project milestones/deliverables, individual team member task completion and to facilitate the overall team collaboration. For budget purposes, the project team will hold one (1) project development kickoff meeting for milestone/deliverable planning in addition to the weekly progress review meetings. Task 4 – Periodic Meetings with Local Elected Officials Informational update presentations will be provided to the City Council on an as needed basis during the design development process. The presentations will provide an introduction/overview of the project and project goals and objectives. It will also provide an update on design development concepts and schedule. The presentations will be held in conjunction with the Council Work Sessions. For estimating purposes, it is assumed that the Consultant will attend two (2) meetings. Task 5 – Exhibit Preparation for Council Meetings Exhibits for the design development will consist of aerial mosaics for the project with the major project features indicated on the exhibit. Include coloring, lettering, and other techniques to delineate the proposed design and right of-way needs, including typical sections of the roadway. The figure will indicate right-of-way needs, property lines, property ownership, access control lines, structure limits, and roadway improvements. Task 6 - 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 includes scheduling of staff, coordinating with Subconsultants, review of progress, and senior review of deliverables. Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 10 of 22 Task 7 – Stakeholder Coordination The Consultant shall coordinate the design development to necessary stakeholders involved with the project. For estimating purposes, known stakeholders are the Iowa DOT, MidAmerican Energy and other various private utilities, adjacent property owners, and developers. 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. 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, stor m sewer, and roadway culverts. Anticipated utilities to be surveyed include phone, gas, fiber optic, water main and water valves, overhead/underground electrical, and sanitary sewer and storm sewer manholes. Task 4 - Wetland Delineation Survey – See Environmental Services Task 5 - Property Ownership and Research – Task Not Included Task 6 - Right-of -Way Survey Perform right-of-way surveys required for the development of the project. The right-of- way surveys shall be in-depth legal surveys for which acquisition plats are to be developed. This task includes a thorough search of City, County, and State records to r eview all surveys of record pertaining to the survey corridor, including County Auditor’s Subdivision Plats, original government surveys, early surveys made by County Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 11 of 22 Surveyors, all irregular land survey, and road establishment records. Copies of such records are to be included in the project file for future reference. This task also includes obtaining sufficient field data to locate or establish property lines affected by this project to enable the preparation of the improvement plans. This includes locating section corners, property pins, and visible lines of occupation such as fences, field divisions, or any other lines indicating possession. A diligent effort must be made to recover existing land corner monuments necessary to describe the right-of-way along the project corridor. The task includes incorporation of property lines, right-of-way lines, and ownership of properties affected by the project into the base mapping for the project. The base mapping will identify the owners and approximate boundaries of all appropriate parcels within the survey limits. Task 7 - Project Base Map Incorporate field surveys into an electronic base map to be used for the design of the project. Incorporate property lines, right-of-way lines, and property ownership for parcels located within the project limits into the base map. For budgetary purposes, it is assumed that eighteen (18) parcels are within the functional project limits. Task 8 - Soil-Boring Location Survey Perform soil-boring location surveys to establish location and elevation of proposed geotechnical investigations consisting of approximately forty-two (42) soil borings. Task 9 – Pond Sediment Survey - Task not included. C. ENVIRONMENTAL SERVICES The Consultant will complete the following environmental services as part of the Project. Task 1 – Wetland and Water of the U.S. Delineation The Consultant will perform a wetland and Waters of the United States (WUS) delineation of the project area utilizing previously collected delineation data. The delineation will use mandatory technical criteria, field indicators, and other sources of information to assess whether the project area has jurisdictional wetlands or WUS. The classification will be performed by an experienced biologist, environmental scientist, or engineer. If wetlands are present, the upper boundaries within the project area will be identified. WUS will also be identified and mapped during the delineation. The methods the Consultant will use in the delineation generally 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). Under normal circumstances, wetlands generally have three essential characteristics: hydrophytic vegetation, hydric soils, and wetland hydrology. Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 12 of 22 Our proposed Scope of Work includes the following: • Assemble application information (i.e., aerial maps, soil classifications, site hydrology, vegetation type, etc.). Review previous Delineation Reports in the project area. • 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. • 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. • Classify soil types and evaluate hydric soil indicators using shallow soil probes or spade holes. • Observe site characteristics for wetland hydrology indicators. • 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- GPS survey may be needed to identify wetland boundaries. Fees for standard surveying have not been included in this proposal. • Prepare maps showing the delineated wetland and WUS area(s). • Submit a Wetland and WUS Delineation Report containing the applicable data, wetland jurisdictional rationale, and proposed project information. Task 2 – Mitigation Plan and Section 404 Permit Application If jurisdictional 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, Iowa Department of Natural Resources (IDNR) Flood Plain Section, and IDNR 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, McCorkle, White Fox and Des Moines River Mitigation Banks which offer emergent wetland credits, forested wetland credits 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. Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 13 of 22 Task 3 – Threatened & Endangered Species Habitat Assessment The Consultant will review the U.S. Fish and Wildlife Service (FWS) Endangered Species List to evaluate potential Threatened and Endangered (T&E) species in the project area and will perform a field review to evaluate whether suitable habitat for the listed T&E species is present. If needed for USACE permitting documentation, the Consultant will prepare a letter report summarizing the findings of the habitat assessment. Task 4 – Phase I Cultural Resource Survey The Consultant will retain a subcontractor to perform a limited/cursory archeological survey for review by the State Historical Preservation Office (SHPO) during the permitting process. The Phase I investigation will consist of the project area. D. TRAFFIC ENGINEERING The Consultant will complete a traffic study according to the Iowa DOT Guidelines for Traffic Impacts Analysis for the proposed Waukee Public Safety Build in Waukee, Iowa. The study shall incorporate T Avenue from Highway 6 to Meredith Drive and 280th Place from 2000’ west and east of T Avenue. Services performed by the Consultant under this Scope of Services include performing traffic count and identified location and traffic engineering analysis services. This scope of services is based on the following project assumptions: • The Waukee Public Safety Building Site Layout C & D • The Consultant will use the Imagine-Waukee-2040 plan dated April 2019. Task 1 – Data Collection and Review The Consultant will coordinate with City staff and Des Moines Area MPO staff to obtain travel demand model post-processed future daily traffic projections and truck percentages. Review data to determine if all necessary data is included. Obtain and review data and reports describing traffic volumes and patterns within the study area and review the data for possible inclusion within this study. Data sources will include previous traffic studies and reports produced by or for the Owner and City. Contact the Iowa DOT to obtain most recent crash data and traffic count information. The Consultant will collect AM and PM peak hour and off peak hour turning volumes at the following intersections: • T Ave and W Hickman Road/US HWY 6 • T Ave and 280th Pl Quantify and review data for use later in traffic study. Task 2 – City Traffic Memorandum – Waukee Public Safety Building Site The Consultant shall prepare a memorandum that incorporates the City of Waukee proposed development site and use traffic engineering principles and standards as presented in the Iowa Primary Access Management Policy, Department standards, and Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 14 of 22 national practices. When preparing the memorandum, the same engineering principles used for the Traffic Impact Study shall be used. The study area for the memorandum shall be limited to the City of Waukee proposed site plan. This area assumes three access locations and two proposed site plans. Task 3 – Traffic Impact Study The Consultant shall prepare a traffic impact study that incorporates, at a minimum, traffic engineering principles and standards as presented in the Iowa Primary Access Management Policy, Department standards, and national practices in accordance with the Iowa DOT Guidelines for Traffic Impacts Analysis. When preparing a traffic impact study within a metropolitan planning area the development of traffic forecasts must be coordinated with the Metropolitan Planning Organization staff and the MPO travel demand model. When preparing the traffic impact study, the items listed below are included: Task 3.1 - Study Area Description Show the site location and include the intersection(s) of the proposed site access drives and any intersections or interchanges impacted. Show the study area boundary. Task 3.2 - Proposed Land Use Include an explanation of the proposed land use and how the land use will impact the area. Identify physical concerns relating to the area, site, and specific access points. Identify any critical restrictions due to terrain, adjacent land use, zoning requirements, etc. Task 3.3 - Forecast Years Document and include all phases of development for: a. The opening year (opening day of project) b. The design year (twenty years after opening day). Task 3.4 - Analysis Period For the opening and design years, analyze site and adjacent road traffic (including turning movements) for: a. Weekday A.M. peak hours b. Weekday P.M. peak hours c. Weekday AADT Weekend generation rates might be required depending on the nature of the proposed land use development (e.g., churches and shopping malls). The Consultant will confirm with the Iowa DOT to determine if the proposed land use development would require a weekend traffic analysis. Task 3.5 - Data Collection Include AADT volumes and turning movement counts for current year (or latest year collected by the Iowa DOT), opening year, and design year. Include the traffic growth rate and discuss the assumptions used. Discuss traffic characteristics (vehicle mix, % make-up, and any special vehicle requirements). Describe site and adjacent roadway and intersection geometries. Identify traffic control devices including traffic signals and Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 15 of 22 regulatory signs. Include traffic crash data. Include traffic modeling results where applicable. Task 3.6 - Trip Generation Calculate proposed trip generation using the equations or rates available in the latest edition of the ITE Trip Generation manual. The Consultant will contact the Office of Systems Planning at (515)-239-1629 if equations or rates are unavailable. Task 3.7 - Trip Distribution and Assignment Document separately the distribution and assignment of existing, site, background, and future traffic volumes. a. Discuss trip/vehicle make-up and any vehicles that require special routing (e.g., vehicles with special weight, length and/or width restrictions). b. Discuss trip reduction strategies and pass-by trips. c. Discuss directional distribution of site-generated traffic. d. Discuss assignment of non-site related traffic (existing, background and future). Document both existing and committed development, and when appropriate other background planned development traffic. Discuss assignment of total future non- site traffic for the design year. Task 3.8 - Capacity Analysis Include LOS analysis results at all intersections for: a. The existing traffic conditions b. The future traffic conditions without the proposed development in the program and design years c. The future traffic conditions with the proposed development in the program and design years d. Capacity Analysis will be completed in accordance with the latest edition of the Highway Capacity Manual (HCM). Task 3.9 - Traffic Signal Impacts For existing traffic signals: a. Identify the impact on the operations of the existing traffic signals. b. Complete an operational/capacity analysis of the intersection using opening day traffic volumes to determine necessary changes to the traffic signals, timing, phasing, etc. c. Provide conceptual plan sheets indicating the changes to the existing traffic signals. For proposed traffic signals: a. Complete a Traffic Signal Warrant analysis of the intersection using opening day traffic volumes to determine if the signal warrants are met. Complete a capacity analysis to determine which traffic control provides the best intersection operations. b. If traffic signals are proposed, provide Traffic Signal drawings (including the location of traffic signals and signs). Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 16 of 22 Analysis of the need for Traffic Signals will be completed in accordance with the latest edition of the Manual on Uniform Traffic Control Devices. Task 3.10 - Geometrics Include acceleration, deceleration and weaving lanes, queuing lengths, and traffic control features (number of lanes, lane widths, alignment,). Include off -system features as related to site plan and access point(s). If required, Queuing Analysis shall be conducted for all turn lanes and ramp termini under stop or signal control within the study area. Task 3.11 - Right-of-Way Access Identify right-of-way, geometric boundaries and physical conflicts. Task 3.12 - Crash and Traffic Safety Analysis Discuss the history/conditions of the existing vs. proposed development and document how the level of safety may change. Task 3.13 - Design and Mitigation Identify operational concerns and mitigation measures to ensure safe and efficient operations. If applicable, this should include pedestrian/bicycle danger mitigation. If needed for clarification, include scaled schematic drawings illustrating alignment, number of lanes, lane widths, signing, and pavement markings. If traffic signal modifications are proposed, also include signal phasing, signal head locations, and lane markings. Task 3.14 - Conclusion Describe the impact of the proposed development on the surrounding area and roadway system. Discuss any significant findings from the applicable items of the Traffic Impact Study Requirements (e.g. safety, LOS). Engineering judgment must have a basis in the data and analysis, give an explanation of the reasoning (all statements must be supported by the data provided in the report). Describe the type of access permit that is being requested. Task 3.15 - Recommendation Discuss recommended changes to the existing roadway system due to the planned development, including benefits or mitigated effects of changes. Task 3.16 – Coordination Meetings with the Iowa DOT The Consultant will attend coordination meetings with the Iowa DOT and City Staff. Two (2) meetings with two (2) staff members will be used for estimating purposes. Task 4 - Traffic Impact Study Report The traffic impact study shall be submitted to the Iowa DOT in a PDF format and should follow the outline below. All assumptions will be noted where made. a. EXECUTIVE SUMMARY, CONCLUSIONS & RECOMMENDATIONS b. INTRODUCTION c. ANALYSIS OF EXISTING CONDITIONS Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 17 of 22 d. PROPOSED DEVELOPMENT e. ANALYSIS OF FUTURE CONDITIONS f. CONCLUSIONS & RECOMMENDATIONS g. APPENDICES The Consultant will incorporate one set of review comments from both the City and Iowa DOT into the final traffic impact study report. The final report and appendix will be transmitted to both the City and the Iowa DOT. E. CONCEPTUAL DESIGN The Consultant shall perform conceptual design services with the primary focus on geometric layout using section corners and rough vertical to coordinate with the development at the SE corner of T Avenue and NW Douglas Parkway. The preparation of the conceptual plans and strip map will depict the alignments, profiles and proposed grading based on a LiDAR surface and aerial. The work to be performed by the Consultant under the Conceptual Design and Plans phase will consist of the following tasks: Task 1 – Develop Typical Sections Develop typical sections for the mainline street improvements in consultation with the City. Prepare typical sections, including lane widths, curb section/type, sidewalk widths, right-of-way widths, pavement types and clear-zones. Task 2 – Develop Conceptual Roadway Geometrics Develop Conceptual roadway geometrics for the project. NW Douglas Parkway intersection geometry is included with this task. Task 3 – Develop Roadway Horizontal Alignments and Vertical Profiles Utilizing section corner information and LiDAR surface, develop horizontal alignment and vertical profile for T Avenue. NW Douglas Parkway alignment and profile is included in this task. Task 4 – Develop Trail Horizontal Alignments and Vertical Profiles Utilizing section corner information and LiDAR surface, develop horizontal alignment and vertical profile for the bike trail underpasses. Task 5 – Develop Conceptual Design Plans Prepare conceptual level strip map and plans depicting typical cross sections, proposed grading, paving, alignments and profiles, and pedestrian box locations. Task 6 – Conceptual Drainage Culvert Layout Determine location of any needed drainage culvert. Size of culvert will be assumed based off overall drainage area. F. FUNCTIONAL DESIGN The Consultant shall perform functional design services with the primary focus on Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 18 of 22 geometric layout with alignments and profiles. The preparation of the functional design plans will depict the alignments, profiles and proposed grading. The work to be performed by the Consultant under the Functional Design and Plans phase will consist of the following tasks: Task 1 – Develop Typical Sections Develop typical sections for W Hickman Road improvements in consultation with the City. Prepare typical sections, including lane widths, curb section/type, sidewalk widths, right-of-way widths, pavement types and clear-zones. Task 2 – Develop Functional Roadway Geometrics Develop functional roadway and intersection geometrics for the project. Task 3 – Develop Horizontal Alignments and Vertical Profiles Utilizing functional geometrics, develop horizontal alignments and vertical profiles for the mainline, sideroads, and trails. Task 4 – Develop Functional Public Utility Layout Utilizing functional geometrics, develop utility corridors (i.e. electric, gas, water main, street lighting, and storm sewer) to ensure appropriate horizontal spacings and necessary right of way is acquired. Task 5 – Functional Drainage Culvert Layout The Consultant shall identify and analyze major drainage areas adjacent to the corridor from existing maps and LiDAR information. The results shall be used to determine recommended culvert type, approximate size, and location for major roadway culvert crossings. Task 6 – Miscellaneous Structure Design The Consultant shall determine any needs for retaining walls at the bike trail underpasses. Initial wall profiles will be created and included in the Functional Design Plan Set. Task 7 – Develop Truck Turning Movements Exhibit Turning templates and software will be utilized to model how all allowed vehicles will navigate the corridor as well as to/from the corridor from streets and accesses. An exhibit will be produced to document these movements and their functionality in the corridor. Task 8 – Develop Functional Design Plans Prepare functional level plans depicting typical cross sections, proposed grading, paving, alignments and profiles, and pedestrian box locations. Task 9 – Functional Opinion of Probable Costs Prepare opinion of probable construction cost for the project. Detailed quantity takeoffs will not be developed for the functional level cost estimate. Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 19 of 22 G. GEOTECHNICAL EXPLORATION AND ANALYSIS Task 1 – Geotechnical Exploration and Analyses (Allender Butzke Engineers, Inc.) Complete geotechnical exploration along the project corridor mainline, side roads, sanitary sewer, and pedestrian underpasses. These services will be in general accordance with the standard specifications for subsurface investigations and design. This task includes the necessary field and office services to provide a geotechnical report for the project. The task involves completing forty-two (42) borings. Four (4) borings will be 40 feet deep for the pedestrian underpasses, six (6) borings will be 30 to 40-ft deep (average 35 feet) for sanitary sewer, twenty-two (22) borings will be 10 to 20-ft deep (average of 15 feet) for T Avenue and six (6) borings will be 10 to 20-ft deep (average of 15 feet) for NW Douglas Parkway, and four (4) borings will be 10 to 20-ft deep (average of 15 feet) for W Hickman Road. The borings will be for purposes of the roadway and utility design, moisture contents, groundwater levels, laboratory testing and engineering analysis. The soil borings shall include coordination of traffic control measures and arranging a utility locate through Iowa One Call. The backfilling of the boreholes will be performed following the soil borings. This subsurface exploration will include laboratory testing, engineering analysis, pavement design and a written report. 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: • Description of the project. • 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 • Subsurface soil conditions In addition, geotechnical recommendations for the project will include: • Bearing soils for culverts • Settlement and global slope stability review (as defined above) • Earthwork construction • Expansive soil design considerations, if applicable • Cut and fill construction • Excavation and backfill • Site preparation, including the suitability of the existing on-site soils for use as structural fill • Subsurface drainage recommendations • Subgrade preparation recommendations for grade supported pavements Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway Waukee, Iowa Page 20 of 22 • Minimum Portland Cement Concrete pavement thicknesses. 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.) Review Appraisals 5.) Eminent Domain Proceedings 6.) Special Assessment Calculations 7.) Additional meetings or data collection/evaluation requested by the USACE 8.) Design of a wetland or WUS mitigation area 9.) Preparation of an Alternatives Analysis Report for Section 404 Permitting 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) 13.) Streetscape Design 14.) Landscape Lighting Design 15.) Bridge Design and/or Structural/Retaining Wall Design 16.) Additional traffic turning movement or ADT counts 17.) Additional site plan alternatives beyond the two (2) included in the scope 18.) Coordinated Traffic Signal Timing Plans 19.) Preliminary Design Services 20.) Final Design Services 21.) Bidding Services 22.) Resident Engineering/Observation Services 23.) Construction Period Testing Services 24.) Construction Survey 25.) 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 traffic count data and traffic signal timings. 3. Provide existing street plans/record drawings and utility maps for the project area. 4. Provide existing topographic base mapping, aerial photo images and other available electronic files pertinent to the Project. Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway 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 April 18, 2022. I. Basic Services of the Consultant A. Project Coordination April – September 2022 B. Survey April – June 2022 C. Environmental Services May – June 2022 D. Traffic Engineering April – July 2022 E. Conceptual Design May – June 2022 F. Functional Design July - August 2022 Foth Infrastructure & Environment, LLC T Avenue Corridor Improvements Project No. 22W007.00 W Hickman Road to NW Douglas Parkway 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.