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HomeMy WebLinkAbout2022-12-05 J01G_02 Professional Consulting Services Agr_TBS No.1 Relocation\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 5, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with Foth Infrastructure and Environment, LLC [Waukee TBS No. 1 Relocation Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: 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 survey for the project. The project consists of relocation of the TBS in the NW corner of NW 10th Street and W Hickman Rd to a location north of Meredith Drive along S Avenue, then connecting gas main along the east side of S Avenue to Meredith Drive, then along the south side of Meredith Drive from S Avenue to NW 10th Street. The Consultant will complete project coordination activities, environmental services, survey and mapping, platting, conceptual design and construction staking services. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant the NOT-TO-EXCEED $141,000, 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 J1G2 THE CITY OF WAUKEE, IOWA RESOLUTION 2022 APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC [WAUKEE TBS NO. 1 RELOCATION PROJECT] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City desires to retain the services of Foth Infrastructure and Environment, LLC for the Waukee TBS No. 1 Relocation project; AND, WHEREAS, the scope of services includes relocation of the TBS in the NW corner of NW 10th Street and W Hickman Road to a location north of Meredith Dr along S Avenue, then connecting gas main along the east side of S Avenue to Meredith Drive, then along the south side of Meredith drive from S Avenue to NW 10th Street; 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, IA [Waukee TBS No. 1 Relocation Project] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 5th day of December, 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 18 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Waukee TBS No. 1 Relocation Waukee City Project No. This Agreement is made and entered into this day of , 2022, by and between the CITY OF WAUKEE, a municipal corporation, hereinafter referred to as “City”, and FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC, (Fed. I.D. #20-5814224), a limited liability company licensed under the laws of the State of Iowa, party of the second part, hereinafter referred to as “Consultant” as follows: THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THE PROJECT AS DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATION FOR THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT. 1. SCOPE OF SERVICES Services provided under this Agreement shall be as further described in Attachment 1, Scope of Services. 2. SCHEDULE The schedule of the professional services to be performed shall conform to the Schedule set forth in Attachment 2. Any deviations from the Schedule shall be approved by the authorized City representative. The City agrees that the Consultant is not responsible for delays arising from a change in the scope of services, a change in the scale of the Project or delays resulting from causes not directly or indirectly related to the actions of the Consultant. 3. COMPENSATION A. In consideration of the professional services provided herein, the City agrees to pay the Consultant the following sum NOT-TO-EXCEED, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. I. Basic Services of the Consultant $ 141,000.00 B. The Consultant shall invoice the City monthly for services, any reimbursable expenses and any approved amendments to this Agreement, based upon services actually completed at the time of the invoice. Final payment shall be due and payable within 30 days of the City's acceptance of Consultant's submission of final deliverables in accordance with the Scope of Services. 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 Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 2 of 18 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 Leader 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 Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 3 of 18 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 Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 4 of 18 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. Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 5 of 18 15. INTERPRETATION No amendment or modification of this Agreement shall be valid unless expressed in writing and executed by the parties hereto in the same manner as the execution of the Agreement. This is a completely integrated Agreement and contains the entire agreement of the parties; any prior written or oral agreements shall be of no force or effect and shall not be binding upon either party. The laws of the State of Iowa shall govern and any judicial action under the terms of this Agreement shall be exclusively within the jurisdiction of the district court for Dallas County, Iowa. 16. COMPLIANCE WITH FEDERAL LAW To the extent any federal appropriation has or will be provided for the Project, or any federal requirement is imposed on the Project, Consultant agrees that Consultant will comply with all relevant laws, rules and regulations imposed on City and/or Consultant necessary for receipt of the federal appropriation. Consultant shall provide appropriate certification regarding Consultant's compliance. 17. SOLICITATION AND PERFORMANCE A. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that the Consultant has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or contingent fee. B. The Consultant shall not engage the services of any person or persons in the employ of the City at the time of commencing such services without the written consent of the City. 18. SUSPENSION AND TERMINATION OF AGREEMENT A. The right is reserved by the City to suspend this Agreement at any time. Such suspension may be effected by the City giving written notice to the Consultant, and shall be effective as of the date established in the suspension notice. Payment for Consultant's services shall be made by the City for services performed to the date established in the suspension notice. Should the City reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days written notice within a period of six (6) months after such suspension, unless this period is extended by written consent of the Consultant. B. Upon ten (10) days written notice to the Consultant, the City may terminate the Agreement at any time if it is found that reasons beyond the control of either the City or Consultant make it impossible or against the City's interest to complete the Agreement. In such case, the Consultant shall have no claims against the City except for the value of the work performed up to the date the Agreement is terminated. C. The City may also terminate this Agreement at any time if it is found that the Consultant has violated any material term or condition of this Agreement or that Consultant has failed to maintain workers' compensation insurance or other insurance provided for in this Agreement. In the event of such default by the Consultant, the City may give ten (10) days written notice to the 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. Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 6 of 18 D. In the event that this Agreement is terminated in accordance with paragraph C of this section, the City may take possession of any work and may complete any work by whatever means the City may select. The cost of completing said work shall be deducted from the balance which would have been due to the Consultant had the Agreement not been terminated and work completed in accordance with contract documents. E. The Consultant may terminate this Agreement if it is found that the City has violated any material term or condition of this Agreement. In the event of such default by the City, the Consultant shall give ten (10) days written notice to the City of the Consultant's intent to terminate the Agreement. City shall have ten (10) days from notification to remedy the conditions constituting the default. 19. TAXES The Consultant shall pay all sales and use taxes required to be paid to the State of Iowa on the work covered by this Agreement. The Consultant shall execute and deliver and shall cause any sub-consultant or subcontractor to execute and deliver to the City certificates as required to permit the City to make application for refunds of said sales and use taxes as applicable. The City is a municipal corporation and not subject to state and local tax, use tax, or federal excise taxes. 20. SEVERABILITY If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 21. MISCELLANEOUS HEADINGS Title to articles, paragraphs, and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. 22. FURTHER ASSURANCES Each party hereby agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. 23. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall constitute an original document, no other counterpart needing to be produced, and all of which when taken together shall constitute the same instrument. Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 7 of 18 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or agents on the day and year first above written. CONSULTANT CITY OF WAUKEE BY: BY: Name: Joshua C. DeBower, P.E. Name: Courtney Clarke Title: Local Municipal Market Leader Title: Mayor WITNESS ATTEST Name: Name: Rebecca D. Schuett Title: Title: City Clerk Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 8 of 18 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 survey for the project. The project consists of relocation of the TBS in the NW corner of NW 10th Street and W Hickman Rd to a location north of Meredith Drive along S Avenue, then connecting gas main along the east side of S Avenue to Meredith Drive, then along the south side of Meredith Drive from S Avenue to NW 10th Street in Waukee, Iowa. The Consultant will complete project coordination activities, environmental services, survey and mapping, platting, conceptual design and construction staking services. This scope of services is based on the following project assumptions: • Topographic survey will be no wider than 100-ft and be for only one side of a roadway. • Boundary survey will consist of only parcels along the east side of S Avenue from Meredith Drive to the Raccoon River Valley Trail and the south side of Meredith Drive from S Avenue to NW 10th Street. • Environmental services will only be performed for the east side of S Avenue from Meredith Drive to the Raccoon River Valley Trail and the south side of Meredith Drive from S Avenue to NW 10th Street. • The Minor Arterial Boulevard Section from the Waukee Street Design Guide will be used as the Conceptual Design pavement section for both S Avenue and NW Meredith Drive. • Conceptual bike trail design for two (2) pedestrian underpasses. One located under S Avenue just north of the TBS#1 relocation site and one between S Avenue and T Avenue under NW Meredith Drive. Underpass is assumed to be a standard 12’ x 10’ RCB. 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 fol lowing 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: 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 – Public Information Meetings – Task not Used Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 9 of 18 Task 3 – Individual Property Owner Meetings – Task not Used Task 4 – Utility Coordination The Consultant will conduct two (2) utility coordination meetings with representatives of various utility companies. The first meeting will be to advise the utility of the nature and extent of the proposed improvements and solicit mapping and input from the utility to develop an understanding of the order of magnitude and limitations of their facilities located within the project corridor. The second meeting will be to review the collected field data, identify any missing information, share with each utility the proposed functional layout of the project, and begin initial assessments of impacts to each utility. The Consultant shall document all communications and correspondence with each utility company and share with the City prior to the start of preliminary design. Known utilities in the corridor include: • MidAmerican Energy Company • CenturyLink Communications • Aureon Network Services • mi-Fiber • Unite Private Network • Windstream Communications • Mediacom Communications • ICN Task 5 – Periodic Meetings with Local Elected Officials- Task not included. Task 6 – 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 7 - Project Management The project manager for the Consultant will be responsible for monthly progress reporting, minutes of meetings, interoffice memoranda, and invoicing. This task also includes scheduling of staff, coordinating with Subconsultants, review of progress, and senior review of deliverables. 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. Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 10 of 18 Task 2 - Topographic Survey Perform topographic surveys required for the development of the Project. Horizontal and vertical accuracies shall be adequate to produce a map that is compatible with the topographic data for incorporation into the existing mapping. Task 3 - Utility Survey Utilize the Iowa One-Call Design Request System to identify utility owners of record, obtain existing utility mapping information, and request that buried utilities be marked in the field. Field survey marked utilities, incorporate into project base map, and document utility name and contact information on the utility legend. This task includes establishing manhole and intake elevations for existing sanitary sewer, storm sewer, and roadway culverts. Excavating to expose buried utilities is not part of this agreement. 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 – To be performed by JCG via separate City Agreement. 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 review all surveys of record pertaining to the survey corridor, including County Auditor’s Subdivision Plats, original government surveys, early surveys made by County 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. Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 11 of 18 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 twelve (12) parcels are within the project limits. Task 8 - Soil-Boring Location Survey - Task not included. Task 9 – Pond Sediment Survey - Task not included. Task 10 – Preparation of Plats The Consultant shall prepare acquisition plats and legal documents for property to be acquired and needed for construction easements for the project. For estimating purposes, it is assumed that twelve (12) permanent easement and twelve (12) temporary construction easements will be needed for this project. The Consultant will coordinate with JCG Land Services (JCG) who will provide the remaining Real Estate Services required for the project. Individual plats and legal descriptions will be prepared for each parcel. The legal descriptions shall be metes & bounds descriptions. The plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed surveyor under the laws of the State of Iowa. The plats shall also be completed in accordance with the City of Waukee requirements. The following table summarizes the anticipated project right-of-way acquisitions and easements, for which this scope of service task has been developed: No. Parcel Name & Address Fee- Title ROW Permanent Easement (PE) Temporary Easements (TE) 1 Lonely Acres, LLC 2393 B Avenue Perry, IA 50220 1 1 2 Barrett, Mark and Joan Revocable Trust 1/3 Int, Barrett, Thomas G & Judy A JRTS 1/3 con Interest, Barrett, Dan W 1/3 Interest; Barrett, Thomas G & Judy A JRTS 1/3 2054 Katie Lane Ames, IA 50010 1 1 3 William Fox Farm Company PO Box 1133 1 1 4 William Fox Farm Company PO Box 1133 1 1 Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 12 of 18 No. Parcel Name & Address Fee- Title ROW Permanent Easement (PE) Temporary Easements (TE) 5 Dallas County, Iowa 801 Court Adel, IA 50003 1 1 6 William Fox Farm Company PO Box 1133 1 1 7 Dowell, Dennis & Marilyn Joint Revocable Trust 02/23/2012 3393 Ute Ave 1 1 8 Dowell, Dennis Joint Revocable Trust 2/23/12; Dowell Marilyn Joint Revocable Trust 2/23/12; William Fox Farm Company 3393 Ute Ave 1 1 9 William Fox Farm Company PO Box 1133 1 1 10 William Fox Farm Company PO Box 1133 1 1 11 William Fox Farm Company PO Box 1133 1 1 12 Manning, Linda J & Robert D 27099 U Ave 1 1 Totals 0 12 12 Task 11 – Staking for Real Estate Negotiations This task also consists of staking the easement locations for purposes of negotiations. The staking survey includes the marking of key easement location points in order to visualize the locations in the field and shall also include marking of existing property lines locations. For the purpose of this agreement, all permanent and temporary easements will be staked one (1) time. Task 12 – Permanent Monumentation of Right-of-Way This task consists of monumentation of the right-of-way acquired as part of this project which will be performed upon completion of construction of the proposed improvements. The monumentation will comply with requirements of the Iowa Code and will be performed by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. This task also includes resetting existing right-of-way monumentation for those parcels with only a temporary construction easement. Task 13 - Utility Relocation Staking Perform staking to aid in the relocation of utility relocations. This task will include communication with utility companies regarding their needs and staking. This task includes (1) staking effort per each utility company. Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 13 of 18 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. The delineation will focus on wetlands that have a direct connection to a WUS; isolated roadside ditch wetlands will not be delineated. 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. Our proposed Scope of Work includes the following: • Assemble application information (i.e., aerial maps, soil classifications, site hydrology, vegetation type, etc.). • 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 Waters of the U.S. Delineation Report containing the applicable data, wetland jurisdictional rationale, and proposed project information. Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 14 of 18 The scope of this proposal includes one site visit to conduct a baseline delineation. The fees in this proposal do not include additional meetings or data collection/evaluation that may be requested by the U.S. Army Corps of Engineers (USACE). Task 2 –Section 404 Permit Application If wetland or WUS impacts are proposed, the Consultant will prepare and submit a Section 404 Permit Application containing the applicable data, wetland jurisdictional rationale, and proposed project information to the USACE, Iowa Department of Natural Resources (IDNR) Flood Plain Section, and IDNR Sovereign Lands Section. The proposed utility project would likely be covered under Nationwide Permit (NWP) 12 for Utility Line Activities. Under NWP 12, mitigation is generally not required for temporary WUS or emergent wetland impacts if the ground surface is restored to pre- construction elevations upon completion of the project. This proposal does not include fees for preparing a Mitigation Plan if the impacted wetlands or WUS cannot be returned to pre-construction elevations or if forested wetland impacts are proposed. If wetland or WUS mitigation is necessary, budget estimates for additional services will be provided as the project scope evolves. Task 3 –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. D. CONCEPTUAL DESIGN The Consultant shall perform conceptual design services with the primary focus on horizontal layout using section corners and rough vertical to coordinate with the development of future roadway improvements. 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. Intersection geometry is not 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 S Avenue. NW Meredith Drive alignment and profile is included in this task. Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 15 of 18 Task 4 – Develop Gas Main Horizontal Alignment and Vertical Profiles Utilizing section corner information and detailed topographic survey surface, develop horizontal alignment and vertical profile for the new gas main. 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. E. CONSTRUCTION SURVEY Construction Survey shall only be completed upon written authorization to proceed by the City and consist of the following tasks to be performed by the Consultant: Task 1 - Project Control a. Verify existing horizontal and vertical control as shown in the project plans and supplement with additional control points as-need to complete the project. b. Reset land corners and permanent reference markers as indicated on the plans. c. Tie-ins with existing roadways shall be checked for correctness of alignment prior to construction staking. d. This task does not include resetting all property corners disturbed by construction. Task 2 - Property Lines and Temporary Easement Stake temporary easements, permanent right-of-way corners at 50-foot intervals, or less if needed. These points shall be marked by placement of a metal pin or wood hub, flat, and lath at the same location as the slope stakes. Task 3 - Gas Mains Mark locations and elevations with metal pin or tack in a wood hub, flat, and lath. Clearly mark the flat with the station location, pipe number, cut/fill elevation, and offset distance to centerline of pipe. Task 4 – Miscellaneous Construction Staking The above tasks qualified personnel, equipment and supplies required for a one-time construction staking for the project to establish the line and grade for the proposed improvements. Replacement costs of any survey stakes or marks that are destroyed or disturbed by the Contractor shall be charged to the Contractor. Construction staking for removals, existing utilities, silt fence, grading (stakeless), revetment limits, erosion control lining, surface restoration, landscaping, traffic control, signing and pavement markings, rock excavation volumes, and other miscellaneous items are not included in this scope of services. It is assumed that the on-site construction technician for the project will provide these services where appropriate. Existing and final cross-sections for earthwork computations are also not included in the above. Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 16 of 18 PROJECT DELIVERABLES The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of the City: • Project Base Map • CAD file of Alignment and existing ground profile • Wetland Delineation Report • Phase I Cultural Resources Investigation Report • Strip Map of Conceptual Designs for S Avenue from Meredith Drive to Raccoon River Trail and Meredith Drive from S Avenue to NW 10th Street. 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.) Additional meetings or data collection/evaluation requested by the USACE. 5.) Preparation of a Mitigation Plan or other services that may be required if permanent wetland or WUS impacts are proposed. 6.) Threatened and Endangered species studies, such as habitat assessment, mist netting, acoustic surveys, emergence surveys, or botanical surveys 7.) Phase II archeological investigations 8.) Appraisals 9.) Eminent Domain Proceedings 10.) Special Assessment Calculations 11.) Roadway Design 12.) Streetscape Design 13.) Landscape Lighting Design 14.) Street Lighting Design 15.) Bridge Design 16.) Structural/Retaining Wall Design 17.) Coordinated Traffic Signal Timing Plans 18.) Letting Services 19.) Construction Administration 20.) Resident Construction/Observation Services 21.) Construction Period Testing Services 22.) Storm Water Pollution Prevention Monitoring CITY’S RESPONSIBILITIES: The City shall provide the following: 1. Provide existing utility plans and studies. 2. Provide existing street and utility plans/record drawings and utility maps for the project area. 3. Provide existing topographic base mapping, aerial photo images and other available electronic files pertinent to the Project. Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 17 of 18 ATTACHMENT 2 SCHEDULE The Consultant shall complete the following phases of the Project in accordance with the schedule shown; assuming notice to process is issued by the City on or before February 4, 2020. I. Basic Services of the Consultant A. Project Coordination December 2022 to October 2023 B. Design Survey March 2023 C. Wetland & WUS Delineation April 2023-July 2023 D. Section 404 Permit July 2023- September 2023 E. Cultural Resource Survey April 2023-July 2023 F. Conceptual Design April 2023-May 2023 Foth Infrastructure & Environment, LLC Waukee TBS No. 1 Relocation Project No. 22W041.01 Along S Avenue and Meredith Drive Waukee, Iowa Page 18 of 18 ATTACHMENT 3 SCHEDULE OF FEES FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC 2022 HOURLY RATE SCHEDULE CLASSIFICATION Director Project Manager Project Engineer Staff Engineer Planner Project Scientist Technology Manager Technician Construction Manager Land Surveyor Project Administrator Administrative Assistant HOURLY RATE $208.00 $142.00-$205.00 $122.00-$190.00 $90.00-$128.00 $131.00-$194.00 $107.00-$120.00 $173.00-$185.00 $60.00-$158.00 $160.00-$173.00 $138.00-$180.00 $80.00-$120.00 $60.00-$85.00 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.