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2022-11-07 J01G_01 Professional Consulting Services Agr_Pavement Management Study
\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 7, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with HR Green, Inc. [Pavement Management Study] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The City owns and maintains approximately 87 centerline miles of streets. The City is interested in implementing a comprehensive 10-year, Pavement Management Plan that provides a framework for effectively managing the City streets. The project scope encompasses preparing a pavement management plan for our existing roadways and develop the next 10-year CIP plan for pavement treatments and locations based on an overall desired pavement condition rating for our community, funding levels and best maintenance practices identified through this process. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant a Not-to-Exceed sum of $50,000.00, 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 J1G1 THE CITY OF WAUKEE, IOWA RESOLUTION 2022 APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH HR GREEN, INC. [PAVEMENT MANAGEMENT STUDY] 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 services of HR Green, Inc. to implement a comprehensive 10-year Pavement Management Plan; AND, WHEREAS, the scope of services includes preparing a pavement management plan for our existing roadways and develop the next 10-year CIP plan for pavement treatments and locations based on an overall desired pavement condition rating for our community, funding levels and best maintenance practices; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services between HR Green, Inc. and the City of Waukee, IA [Pavement Management Study] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 7th day of November, 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Pavement Management Study - City of Waukee City Project No. _______ This Agreement is made and entered into this ____ day of ____________, 20___, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and HR Green, Inc., (Fed. ID #42-0927178), a “C” corporation incorporated and licensed under the laws of the State of Iowa, party of the second part, hereinafter referred to as "Consultant" as follows: THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THE PROJECT AS DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATION FOR THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT. 1. SCOPE OF SERVICES Services provided under this Agreement shall be as further described in Attachment 1, Scope of Services. 2. SCHEDULE The schedule of the professional services to be performed shall conform to the Schedule set forth in Attachment 2. Any deviations from the Schedule shall be approved by the authorized City representative. The City agrees that the Consultant is not responsible for delays arising from a change in the scope of services, a change in the scale of the Project or delays resulting from causes not directly or indirectly related to the actions of the Consultant. 3. COMPENSATION A. In consideration of the professional services provided herein, the City agrees to pay the Consultant the following sum NOT-TO-EXCEED, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. Basic Services of the Consultant $50.000.00 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. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, Consultant may, without waiving any claim or right against the City, and without liability whatsoever to the City, suspend or terminate the performance of services. Final payment shall be due and payable within 30 days of 2 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 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 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 commercial general liability coverage including contractual liability coverage at least as broad as CG 00 01 by an insurance company licensed to do business in the State of Iowa in the limits of at least $1,000,000 per occurence; $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 provide the City at least thirty (30) days written notice, with the exception of ten (10) days' notice for non-payment of premium, prior to cancellation. 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 provide the City at least thirty (30) days written notice, with the exception of ten (10) days' notice for non-payment of premium, prior to cancellation. 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 of the professional liability policy. E. Failure of Consultant to maintain any of the insurance coverages set forth above shall constitute a material breach of this Agreement. 3 5. NOTICE Any notice to the parties required under this agreement shall be in writing, delivered to the person designated below, by United States mail or in hand delivery, at the indicated address unless otherwise designated in writing. FOR THE CITY: FOR THE CONSULTANT: Name: City of Waukee Name: HR Green, Inc. Attn: Rudy Koester Attn: Larry Stevens, P.E. Title: Director of Public Works Title: Municipal Services Manager – Governmental Address: 230 W. Hickman Road Services City, State: Waukee, IA 50263 Address: 5525 Merle Hay Road Suite 200 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, 4 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 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, , and employees from any and all damages, liabilities, , 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 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 Neither party shall not assign or otherwise transfer this Agreement or any right or obligations therein without first receiving prior written consent of the other. 12. APPROPRIATION OF FUNDS The funds appropriated for this Agreement are equal to or exceed the compensation to be paid to Consultant. The City's continuing obligations under this Agreement may be subject to appropriation of funding by the City Council. In the event that sufficient funding is not appropriated in whole or in part for continued performance of the City's obligations under this Agreement, or if appropriated funding is not expended due to City spending limitations, the City may terminate this Agreement without further compensation to the Consultant. To the greatest extent allowed by law, the City shall compensate Consultant as provided in Section 18(6) of this Agreement. 13. AUTHORIZED AMENDMENTS TO AGREEMENT A. The Consultant and the City acknowledge and agree that no amendment to this Agreement or other form, order or directive may be issued by the City which requires additional compensable work to be performed if such work causes the aggregate amount payable under the amendment, order or directive to exceed the amount appropriated for this Agreement as listed in Section 3, above, unless the Consultant has been given a written assurance by the City that lawful appropriation to cover the costs of the additional work has been made. B. The Consultant and the City further acknowledge and agree that no amendment to this Agreement or other form, order or directive which requires additional compensable work to be performed under this Agreement shall be issued by the City unless funds are available to pay such additional costs, and the Consultant shall not be entitled to any additional compensation for any additional compensable work performed under this Agreement. The Consultant expressly waives any right to additional compensation, 5 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.. 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. The City shall indemnify and hold Consultant harmless from any claim, liability, or loss resulting from the misuse or reuse of Consultant's instruments of service under this Agreement. 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. 6 For purposes of this Section, it is agreed that this restriction does not apply to an applicant to a publicly advertised job opening seeking general response. 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 shall 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.. 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. 7 20. SEVERABILITY If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 21. MISCELLANEOUS HEADINGS Title to articles, paragraphs, and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. 22. FURTHER ASSURANCES Each party hereby agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. 23. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall constitute an original document, no other counterpart needing to be produced, and all of which when taken together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or agents on the day and year first above written. CONSULTANT CITY OF WAUKEE By: ________________________________ By: __________________________ Name: James E. Halverson Courtney Clarke, Mayor Title: Vice President 8 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. 0.0 INTRODUCTION HR Green, Inc. has been providing award-winning pavement management plans and assisting cities administer cost-efficient capital improvement programs for many years. Several of our staff are former public employees and are familiar with the practical solutions communities require. We understand the issues facing our Iowa communities, especially those related to managing deteriorating infrastructure with limited funds. Every community has different needs, funding situations, political structures, and approaches to handling roadway maintenance. That is why HR Green specifically tailors each Pavement Management Plan to the individual needs and situations of the community. We create “Living Documents” that grow and take shape with each community. Whether they need help getting started, or long-term assistance, our experienced pavement engineers will lead the way. The HR Green team uses data-driven, scenario-based planning to determine optimal approaches to funding and project selection. We will assist the City of Waukee to effectively determine the right treatment, for the right pavement, at the right time. THIS AGREEMENT is between the CITY of WAUKEE, IOWA (hereafter “CLIENT”) and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding and Methodology 1.1 General Understanding The CLIENT owns and maintains approximately 87 centerline miles of streets. The CLIENT is interested in implementing a comprehensive 10-year, Pavement Management Plan that provides a framework for effectively managing the CLIENT’s streets. The COMPANY proposes to leverage existing GIS resources and pavement condition data from the Iowa Pavement Management Program (IPMP) to assess current conditions and establish a system to prioritize future roadway repair, rehabilitation, and reconstruction projects. The IPMP data encompasses the entirety of CLIENT’s paved roadway network and is available at no cost. Using that system, the COMPANY will then provide a 10-year Capital Improvement Plan (CIP) that includes a list of recommended projects, recommendations for improvements to pavement design and maintenance standards, as well as an evaluation of resources and expenditures required to maintain various levels of condition performance. The CLIENT’s request for a Pavement Management Study indicates the CLIENT’s commitment to sustainable infrastructure through proper asset management principles. Through this project, the CLIENT will be able to ensure, with sufficient funding, the CLIENT’s roadways are adequately maintained and preserved at a high level of service and safety. 1.1 Project Approach The project will consist of: Review of the CLIENT’s design standards for street construction and maintenance practices and making recommendations for improvements to achieve long-lasting pavements 9 Auditing the GIS inventory of the CLIENT’s street system Evaluating the system’s current roadway conditions Determining major rehabilitation and reconstruction alternatives and the thresholds that will trigger their use to be used in the data analysis and projections and their life cycle costs (LCC). Developing long-term pavement replacement schedules with cost projections utilizing today’s costs Developing sustainable maintenance/replacement schedules with annualized costs for the following scenarios: o Maintaining three different levels of average Pavement Condition Index (PCI) and one with different levels of average PCIs based on street functional classification o With funding that stays the same as currently exists, which indicates the resulting future PCI o With funding that decreases and the resulting future PCI o With funding that increases and the resulting future PCI Developing a 10-year Pavement Capital Improvements Plan with the agreed upon average PCI levels and annual funding 1.2 Methodology The COMPANY will review the CLIENT’s pavement design standards and make recommendations for changes to the design, material, and construction standards to extend the life of pavements. The COMPANY proposed staff has vast experience with pavement system design and long-lasting pavement. See Scope of Services below for more detailed information. Pavement Inventory, Condition Analysis, and Recommending and Prioritizing Improvements: IPMP Data – The Iowa Department of Transportation, through the Iowa Pavement Management Program (IPMP), collects pavement condition data for all public roadways in Iowa on a biennial basis. This automated data collection, utilizing vehicle-mounted sensors, includes roughness of the roadways and various pavement distresses such as rutting or cracking. In addition, a video inventory is obtained. COMPANY will analyze this data utilizing the Deighton Total Infrastructure Management System Business Analytics (dTIMS BA) software. Visual Data – It is important to ground-truth dTIMS BA analysis through visual inspection and augment IPMP data with observations on infrastructure commonly missed by mobile scanning. COMPANY will visually rate approximately 10% of the roadways to verify/validate the IPMP pavement conditions. Historical review – COMPANY will also perform a review of plans and maintenance histories provided by the CLIENT. Putting dTIMS BA to work – The IPMP provides cities with a powerful tool for pavement management by subsidizing subscriptions to dTIMS BA. COMPANY’s project team has the know-how to put dTIMS BA to work for the CLIENT. By using the CLIENT’s access to the software, COMPANY can cost-effectively analyze vast amounts of mobile scanning data that are already available from the IPMP. With the proper inputs, dTIMS BA is capable of expediting the LCC analysis process. Properly utilizing dTIMS BA with accurate inputs will ensure the right treatment is chosen for the right pavements at the right time. 1.3 Design Criteria/Assumptions The CLIENT’s street system consists of approximately 84 centerline miles 10 Pavement design and maintenance standards and best practices review will be based on SUDAS guidance, relevant pavement research, and industry standards In conjunction with the CLIENT, determine major rehabilitation and reconstruction alternatives and the thresholds that will trigger their use to be used in the data analysis and projections and their life cycle costs Modeling of scenarios will utilize data provided by the IPMP through the CLIENT’s dTIMS BA subscription to the IPMP Develop sustainable maintenance/replacement schedules with annualized costs for the following scenarios: o Maintaining three different levels of average PCI and one with different levels of average PCIs based on street functional classification o With funding that stays the same as currently exists, which indicates the resulting future PC o With funding that decreases and the resulting future PCI o With funding that increases and the resulting future PCI Using the agreed upon level(s) of PCI and annual funding, develop a 10-year pavement capital improvements plan 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: 2.1 Project Administration 2.1.1 Project Management The COMPANY shall prepare and submit monthly email updates (< 1-page) summarizing overall project status and informing of any unexpected issues. COMPANY will maintain a system for monitoring progress to allow monthly tracking and invoicing. The COMPANY will submit with each design service invoice a summary of work performed, estimated task completion percentage, contract completion date, and actual completion date. 2.1.2 Monitoring Project Scope and Schedule This task includes the development and tracking of the project plan for the project development. This includes task identification, scheduling, task assignment, relating all tasks to the others, and coordination with other members of the project team. The COMPANY will inform the CLIENT of any services required that may not be included in the scope of the design services contract approved by the CLIENT for this Project. It will be the responsibility of the COMPANY to make the CLIENT aware of any potential amendments to the contract before the services are rendered. This notice must occur prior to any extra services being performed. Only those services approved by the CLIENT are eligible for compensation. If design work is not progressing in a manner to comply with the anticipated completion date, the COMPANY shall provide a brief summary of the actions to be taken to reduce or eliminate any delays in completing the design in accordance with the agreed upon schedule. 2.1.3 Project Review Meetings The COMPANY will meet with the CLIENT to review progress and to discuss specific elements of the project. 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 11 process, and expedite design development. Prepare minutes of the meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by two (2) staff members of the COMPANY. The following meetings are included with the scope of work: Kickoff Meeting Pavement Design Standards and Maintenance Standards Post Review of Existing Conditions & Priority Setting Draft Plan Final Plan 2.1.4 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. 2.1.5 General Coordination Includes regular coordination with CLIENT staff. Also includes coordination with Iowa Pavement Management Program (IPMP) regarding data collection and analysis. 2.1.6 City Council Updates The COMPANY will make two (2) presentations to the City Council to provide a brief overview of the initiative, discuss examples, explain the process, and the final deliverables. 2.2 Pavement Design Standards Review The CLIENT’s current pavement design requirements will be compared to the standards established by the Iowa Statewide Urban Design and Specifications (SUDAS) Program. In addition, other relevant Iowa State University research, such as IHRB Project TR-640 Optimizing Pavement Base, Subbase, and Subgrade Layers for Cost and Performance of Local Roads, will be utilized in the comparison. This will include analyzing all elements of the pavement system, including subgrade, subbase, subsurface drainage, pavement thickness, PCC mixtures, pavement jointing, and construction methods. Recommendations will be made to the CLIENT’s standards to help achieve a 50-year design life of the CLIENT’s pavements. 2.3 Pavement Maintenance Standards Review The CLIENT’s pavement maintenance practices will be reviewed and compared to the standards and recommendations of SUDAS Design Chapter 5I, Pavement Preservation Program, in addition to “best management practices” guidance provided by paving associations and governmental organizations. Further recommendations for improvements will be made based on CLIENT and COMPANY staff knowledge and experience. 2.4 Data Analysis 2.4.1 Data Gathering/Analysis COMPANY will work with CLIENT and IPMP staff to obtain and verify pavement data and condition information. The specific tasks to be performed include the following: 12 2.4.2 Inventory Data Extensive experience with the IPMP data, as well as state, county, and local data sources will allow COMPANY to develop an accurate and complete inventory of streets and their characteristics. COMPANY shall review publicly available GIS data and historical information including written documentation and the automated data currently being collected for the CLIENT by the IPMP. The COMPANY will merge this data into a usable format within ArcView GIS. Data will include at minimum Roadway Identification, Functional Classification, Surface Type, Surface Width, Curb and Gutter Status, estimated Average Daily Traffic (ADT), Pavement Distress Data collected by IPMP in 2021, and current Condition Rating. This information will then be aggregated and assessed alongside the CLIENT’S current methods, standards, and specifications. 2.4.3 Data Verification The automated data collection will provide an analysis of certain characteristics of the roadway but is not sufficient on its own. In addition to the IPMP data, the COMPANY will use its experienced field personnel to conduct limited visual field inspections, comprised of approximately 10% of the CLIENT’s roadway system, to validate/verify the pavement condition analysis. This includes selective field verification, not a field survey of the entire roadway network. COMPANY will also use Iowa DOT Pathweb and available CLIENT information, such as condition of curb and storm intakes, because the automated data collection generally gives only the condition of drivable pavement and does not include these items. 2.4.4 Develop Existing Conditions Memo The COMPANY will prepare a memorandum detailing the current pavement conditions for the CLIENT, using the most recent available IPMP data. This shall include descriptive statistics, a variety of high- resolution maps/graphics, and provide commentary on any unique conditions or failures exhibited by the IPMP data. 2.5 Pavement Rehabilitation and Reconstruction Treatment Strategies 2.5.1 Identify Preferred Rehabilitation Treatment Methods The COMPANY will use its extensive municipal engineering expertise and research experience with Statewide Urban Design and Specifications (SUDAS) to review CLIENT standards and current maintenance practices in conjunction with other major literature regarding current best practices for pavement preservation and minor and major rehabilitation. From there, the COMPANY will offer suggestions regarding “best management practices” by creating a “toolbox” of treatment types and identify proper conditions for various treatment applications. A compiled list of the recommended treatments will be provided along with appropriate application strategies for the CLIENT to consider when making project treatment determinations. 2.5.2 Treatment Construction Cost The COMPANY will provide opinions of estimated construction costs to construct each treatment included in the treatment selection. The CLIENT will provide several years of history of bid tabulations to assist in these calculations. These costs will not include design, engineering, or other administrative costs. 13 2.5.3 Treatment Factors The COMPANY, along with the CLIENT, will assemble a list of any treatment related factors that may come into play in determining their feasibility. This list may include the CLIENT’s experience with the use of the treatment, future maintenance requirements, local contractors’ experience with the treatment, availability of needed equipment and materials, and competition among providers of materials. 2.5.4 Develop Condition Thresholds The COMPANY will coordinate with CLIENT staff to determine the desired pavement condition thresholds for the various roadway classifications. These thresholds will represent the minimum desired pavement conditions at which a segment of pavement becomes a candidate for improvement, subject to the optimization criteria used in dTIMS BA. 2.5.5 Pavement Performance Curves The COMPANY, with input from CLIENT staff, will develop pavement performance curves to be used in the dTIMS BA analysis and in the application of the treatment methods. 2.6 Plan for Improvements 2.6.1 Scenario Modeling The COMPANY will utilize the dTIMS BA software to develop a pavement performance model for the CLIENT and run various budget and target driven scenarios as determined with the Client. Sustainable rehabilitation/replacement schedules with annualized costs will be developed for the following scenarios: Maintaining three different levels of average PCI and one with different levels of average PCIs based on street functional classification With funding that stays the same as currently exists, which indicates the resulting future PCI With funding that decreases and the resulting future PCI With funding that increases and the resulting future PCI Modeled scenarios will be performed for a minimum period of 15 years. The results of these testing scenarios will be used to inform final decision-making and help set priorities or goals for the Pavement Management Program. The COMPANY will recommend to the CLIENT a preferred strategy that best addresses the needs of the community using the priorities previously established. 2.6.2 Pavement Management Report The COMPANY will develop a pavement management program report that summarizes the data collection and analysis, treatment strategies for minor and major rehabilitation and reconstruction, the prioritization of the improvements, and the recommended improvements. Report will include a map(s) showing condition rating of all the roadways of the CLIENT. Portions of this report will be formatted for use on the CLIENT’s website and for electronic distribution to the public. 2.6.3 Develop 10-Year Capital Improvement Plan The COMPANY, with assistance/input from CLIENT staff, will prepare a 10-year plan programming anticipated funds, as directed by the CLIENT. COMPANY will prepare magnitude of costs for design 14 and construction of the recommended improvements. The initial task will not include preparation of detailed cost estimates. Goal of the COMPANY will be to stay within 10% of the annual revenue to be received in each fiscal year for ten (10) years. Funds will be programmed annually, and expenditures broken down by fiscal year. Plan will include programming of design fees and construction fees, likely in separate fiscal years. After the prioritization of the improvements, the COMPANY will conduct site reviews for the projects included in the 10-year plan to identify project elements and develop estimated project costs. 2.7 Progress Reporting The COMPANY will update the mapping/visual aids at the end of the first construction year for the CLIENT to report their progress back to the public. 3.0 Deliverables Included in this Agreement Meeting Agendas and Minutes (this will also document policy goals and tracking metrics) Existing Program Evaluation Memo Existing Pavement Conditions Report City Council Presentation Power Point Pavement Management Program (10-Year CIP & Report) Report Maps in GIS shapefile format 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this AGREEMENT: Public involvements activities Additional City Council updates beyond those listed above Preparation of a website, brochure, or other promotional materials Underground utility analysis GIS-based mapping portal or dashboards Field review of individual projects Design services of individual projects Field inspection of related infrastructure including storm or sanitary structures, traffic signals, and bridges. Life-cycle cost analysis (LCCA) of individual projects Development of Specifications and Construction Standards Updates to dTIMS BA data, including continuous updates and tracking of projects with the software Periodic updates to the 10-year plan Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others Iowa Pavement Management Program (InTrans) Data Preparation dTIMS BA installation 15 6.0 Client Responsibilities Provide meeting room for face-to-face meetings, if allowed under health protocols Provide representative to participate in meetings, whether in-person or via webconference Provide available Geographic Information System (GIS) and/or hard copy street maps Provide available pavement thickness, type, and age data Provide recent street paving and rehabilitation construction contract information Provide dTIMS BA software from IPMP and access by COMPANY 16 ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the scope of services under this Agreement shall be as follows: This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. Contract Approval TBD Start Date December 15, 2022 Kick-Off Meeting Within 30 days of Start Date Review Pavement Design Standards Within 3 months of Start Date Review Pavement Maintenance Standards Within 3 months of Start Date Existing Conditions Analysis Within 4 months of Start Date Develop Pavement Management Plan Within 4 months of Start Date ATTACHMENT 3 SCHEDULE OF FEES 17 ATTACHMENT 4 CERTIFICATE OF INSURANCE 18 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 01/01/22 Ashley Hampsher 4,000,000 201 First Street SE, Suite 700 (Claims Made Coverage) 230 West Hickman Road Professional Liability X 10/11/2022 2,000,000 X 10,000 01/01/22 01/01/23 1,000,000 X 4,000,000 X 319-896-7664 X Aggregate 10,000 CUP8S97473322NF Per Claim 01/01/23 10,000,000 Waukee, IA 50263 01/01/23 01/01/22 A DPR9987508 1-800-300-0325 X 10,000,000 with the exception of non-payment of premium, per policy terms and conditions. by written contract with the insured, per policy terms and conditions. 30 days' notice of cancellation will be provided, City of Waukee, IA is an Additional Insured on the Auto & General Liability, including completed operations as required 211265: Waukee, IA - Pavement Management Study 01/01/22 Johnston, IA 50131 City of Waukee 5525 Merle Hay Rd Suite 200 BAP373096812 01/01/22 X ahampsher@holmesmurphy.com X 1,000,000 HR Green, Inc. 2,000,000 WC373096612 GLO373096712X Cedar Rapids, IA 52401 XL SPECIALTY INS CO A Travelers Property Casualty Company of Zurich American Insurance Company X A 300,000 01/01/23 66888289 66888289 C N X B 1,000,000 37885 USA 25674 16535 2,000,000 ahampsher-cr 01/01/23 10,000,000 5,000,000 Holmes Murphy & Assoc - CR Additional Insured – Automatic – Owners, Lessees Or Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured:+5*REEN,NC. Address (including ZIP Code): 8710 Earhart Lane SW Cedar Rapids, IA 52404 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A.Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1.Only applies to the extent permitted by law; and 2.Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a.The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. GLO37309671201/01/2022 01/01/203 01/01/2022 37-179-000 C.The following is added to Paragraph 2.Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: The additional insured must see to it that: 1.We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2.We receive written notice of a claim or "suit" as soon as practicable; and 3.A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1.The following is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a.The additional insured is a Named Insured under such other insurance; and b.You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the written contract or written agreement referenced in Paragraph A.of this endorsement; or 2.Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are “insureds” for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANYONE REQUIRED BY WRITTEN CONTRACT, EXECUTED PRIOR TO THE LOSS, TO BE NAMED AS ADDITIONAL INSURED. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an “insured” for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an “insured” under the Who Is An Insured provision contained in Paragraph A.1. of Section II –Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2.of Section I –Covered Autos Coverages of the Auto Dealers Coverage Form. Named Insured:HR GREEN, INC. POLICY NUMBER:BAP 3730968-12 COMMERCIAL AUTO CA 20 48 10 13 Notification to Others of Cancellation Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A.If we cancel this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1.To the name and address corresponding to each person or organization shown in the Schedule below; and 2.At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B.If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C.If notice as described in Paragraphs A.or B.of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s):Number of Days Notice: Blanket as required by a written contract 30 All other terms and conditions of this policy remain unchanged. U-GL-1446-A CW (05/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. GLO373096712 01/01/2022 01/01/2023 01/01/2022 37-179-000 CUP-8S974733-22-NF BAP 3730968-12 37-179-00001/01/2022 01/01/2023 01/01/2022 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 33 NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A.If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B.If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C.If notice as described in Paragraphs A.or B.of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s):Number of Days Notice: All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) WC 99 06 33 (Ed. 05-10)Includes copyrighted material of National Council on Compensation Insurance, Inc. with its permission.Page 1 of 1 Blanket as required by a written contract 30 Days Endorsement Effective 01/01/2022 Policy No. WC 373096612 Endorsement No. Insured Premium $