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HomeMy WebLinkAbout2023-07-24 I01E_02 Professional Consulting Svcs Agr, Prairie Rose TrailAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 24, 2023 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with Snyder & Associates, Inc. [Prairie Rose Trail Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The project includes construction of approximately 6,100- feet of trail between U.S. Highway 6 (W Hickman Road) and NW Douglas Parkway. The south ½ of the trail alignment will be constructed on new alignment within existing City of Waukee property. Grading for the north ½ of the trail has been completed as part of a separate project, alignment in this area will follow the grading. Stream re-alignment may be beneficial for trail construction, therefore this project will include wetland/stream delineation and permitting as such. The proposed improvements will be designed in 2023 with construction anticipated to begin in late 2023 or early 2024. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant the NOT-TO-EXCEED $285,400, 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 I1E2 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH SNYDER & ASSOCIATES, INC. [PRAIRIE ROSE TRAIL] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City desires to retain the consultant services of Snyder & Associates, Inc. for the Prairie Rose Trail Project; AND, WHEREAS, the scope of services includes construction of approximately 6,100-feet of trail between U.S. highway 6 (Hickman Road) and NW Douglas Parkway. The south ½ of the trail alignment will be constructed on new alignment within existing City of Waukee property. Grading for the north ½ of the trail has been completed as part of a separate project, alignment in this area will follow the grading. Stream re-alignment may be beneficial for trail construction, this project will include wetland/stream delineation and permitting as such. The proposed improvements will be designed in 2023 with construction anticipated to begin in late 2023 or early 2024; AND, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services between Snyder & Associates, Inc. and the City of Waukee, Iowa [Prairie Rose Trail] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 24th day of July, 2023. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Prairie Rose Trail City Project No. _______ This Agreement is made and entered into this day of , 2023, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and Snyder & Associates, Inc, (Fed. ID #42-1379015), an Iowa corporation incorporated and licensed under the laws of the State of Iowa, party of the second part, hereinafter referred to as "Consultant" as follows: THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THE PROJECT AS DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATION FOR THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT. 1. SCOPE OF SERVICES Services provided under this Agreement shall be as further described in Attachment 1, Scope of Services. 2. SCHEDULE The schedule of the professional services to be performed shall conform to the Schedule set forth in Attachment 2. Any deviations from the Schedule shall be approved by the authorized City representative. The City agrees that the Consultant is not responsible for delays arising from a change in the scope of services, a change in the scale of the Project or delays resulting from causes not directly or indirectly related to the actions of the Consultant. 3. COMPENSATION A. In consideration of the professional services provided herein, the City agrees to pay the Consultant the following sum NOT-TO-EXCEED, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. Basic Services of the Consultant A.Project Management $14,000 B.Preliminary Survey $20,800 C.Wetland and Stream Delineation $6,500 D.Hickman Pedestrian Crossing Feasibility Study $104,000 E.Preliminary Trail Design $47,500 F.Wetland and Stream Permitting $2,000 G.Final Trail Design and Construction Documents $42,200 SUBTOTAL $237,000 (Hourly Rate + Expenses) Construction Phase Services of the Consultant A.Bidding $4,900 B.Construction Administration $20,000 C.Construction Survey $18,000 D.Record Drawings $5,500 SUBTOTAL $48,400 (Hourly Rate + Expenses) TOTAL $285,400 (Hourly Rate + Expenses) 2 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc B.The Consultant shall invoice the City monthly for services, any reimbursable expenses and any approved amendments to this Agreement, based upon services actually completed at the time of the invoice. Final payment shall be due and payable within 30 days of the City's acceptance of Consultant's submission of final deliverables in accordance with the Scope of Services. C. In consideration of the compensation paid to the Consultant, the Consultant agrees to perform all professional services to the satisfaction of the City by performing the professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of Consultant's profession currently practicing under similar circumstances. If the performance of this Agreement involves the services of others or the furnishing of equipment, supplies, or materials, the Consultant agrees to pay for the same in full. 4. INSURANCE A. Consultant understands and agrees that Consultant shall have no right of coverage under any and all existing or future City comprehensive, self or personal injury policies. Consultant shall provide insurance coverage for and on behalf of Consultant that will sufficiently protect Consultant or Consultant' representative(s) in connection with the professional services which are to be provided by Consultant pursuant to this Agreement, including protection from claims for bodily injury, death, property damage, and lost income. Consultant shall provide worker's compensation insurance coverage for Consultant and all Consultant's personnel. Consultant shall file applicable insurance certificates with the City, and shall also provide evidence of the following additional coverage. B.The Consultant shall provide evidence of comprehensive general liability coverage and contractual liability insurance by an insurance company licensed to do business in the State of Iowa in the limits of at least $1,000,000 each personal injury accident and/or death; $1,000,000 general aggregate personal injury and/or death; and $1,000,000 for each property damage accident. The evidence shall designate the City as an additional insured, and that it cannot be canceled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested. C.The Consultant shall also provide evidence of automobile liability coverage in the limits of at least $1,000,000 bodily injury and property damage combined. The evidence shall designate the City as an additional insured, and that it cannot be cancelled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested. D.The Consultant shall provide evidence of professional liability insurance, by an insurance company licensed to do business in the State of Iowa, in the limit of $1,000,000 for claims arising out of the professional liability of the Consultant. Consultant shall provide City written notice within five (5) days by registered mail, return receipt requested of the cancellation or material alteration of the professional liability policy. E. Failure of Consultant to maintain any of the insurance coverages set forth above shall constitute a material breach of this Agreement. 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. 3 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc FOR THE CITY: FOR THE CONSULTANT: Name: City of Waukee Name: Snyder & Associates, Inc. Attn: Rudy J. Koester, P.E. Attn: David N. Moeller, P.E. Title: Public Works Director Title: President Address: 805 University Avenue Address: 2727 SW Snyder Blvd. City, State: Waukee, IA 50263 City, State: Ankeny, IA 50023 6. GENERAL COMPLIANCE In the conduct of the professional services contemplated hereunder, the Consultant shall comply with applicable state, federal, and local law, rules, and regulations, technical standards, or specifications issued by the City. Consultant must qualify for and obtain any required licenses prior to commencement of work, including any professional licenses necessary to perform work within the State of Iowa. 7. STANDARD OF CARE Services provided by the Consultant under this Agreement shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 8. INDEPENDENT CONTRACTOR Consultant understands and agrees that the Consultant and Consultant's employees and representatives are not City employees. Consultant shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits, or any other form of compensation or benefit to Consultant or Consultant's employees, representatives or other personnel performing the professional services specified herein, whether it be of a direct or indirect nature. Further, it is expressly understood and agreed that for such purposes neither Consultant nor Consultant's employees, representatives or other personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation, retirement, or any other benefits whatsoever. 9. NON-DISCRIMINATION Consultant will not discriminate against any employee of applicant for employment because of race, color, sex, national origin, religion, age, handicap, or veteran status. Consultant will, where appropriate or required, take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, sex, or national origin, religion, age, handicap, or veteran status. Consultant will cooperate with the City in using Consultant's best efforts to ensure that Disadvantaged Business Enterprises are afforded the maximum opportunity to compete for subcontracts of work under this Agreement. 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 4 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc under this Agreement and those of its sub consultants or anyone for whom Consultant is legally liable. 11. ASSIGNMENT Consultant shall not assign or otherwise transfer this Agreement or any right or obligations therein without first receiving prior written consent of the City. 12. APPROPRIATION OF FUNDS The funds appropriated for this Agreement are equal to or exceed the compensation to be paid to Consultant. The City's continuing obligations under this Agreement may be subject to appropriation of funding by the City Council. In the event that sufficient funding is not appropriated in whole or in part for continued performance of the City's obligations under this Agreement, or if appropriated funding is not expended due to City spending limitations, the City may terminate this Agreement without further compensation to the Consultant. To the greatest extent allowed by law, the City shall compensate Consultant as provided in Section 18(6) of this Agreement. 13. AUTHORIZED AMENDMENTS TO AGREEMENT A.The Consultant and the City acknowledge and agree that no amendment to this Agreement or other form, order or directive may be issued by the City which requires additional compensable work to be performed if such work causes the aggregate amount payable under the amendment, order or directive to exceed the amount appropriated for this Agreement as listed in Section 3, above, unless the Consultant has been given a written assurance by the City that lawful appropriation to cover the costs of the additional work has been made. B.The Consultant and the City further acknowledge and agree that no amendment to this Agreement or other form, order or directive which requires additional compensable work to be performed under this Agreement shall be issued by the City unless funds are available to pay such additional costs, and the Consultant shall not be entitled to any additional compensation for any additional compensable work performed under this Agreement. The Consultant expressly waives any right to additional compensation, whether in law or equity, unless prior to commencing the additional work the Consultant was given a written amendment, order or directive describing the additional compensable work to be performed and setting forth the amount of compensation to be paid, such amendment, order or directive to be signed by the authorized City representative. It is the Consultant's sole responsibility to know, determine, and ascertain the authority of the City representative signing any amendment, directive or order. 14. OWNERSHIP OF CONSULTING DOCUMENTS All sketches, tracings, plans, specifications, reports, and other data prepared under this Agreement shall become the property of the City; a reproducible set shall be delivered to the City at no additional cost to the City upon completion of the plans or termination of the services of the Consultant. All drawings and data shall be transmitted in a durable material, with electronic files provided when 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. 5 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc 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. 6 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc D. In the event that this Agreement is terminated in accordance with paragraph C of this section, the City may take possession of any work and may complete any work by whatever means the City may select. The cost of completing said work shall be deducted from the balance which would have been due to the Consultant had the Agreement not been terminated and work completed in accordance with contract documents. E.The Consultant may terminate this Agreement if it is found that the City has violated any material term or condition of this Agreement. In the event of such default by the City, the Consultant shall give ten (10) days written notice to the City of the Consultant's intent to terminate the Agreement. City shall have ten (10) days from notification to remedy the conditions constituting the default. 19. TAXES The Consultant shall pay all sales and use taxes required to be paid to the State of Iowa on the work covered by this Agreement. The Consultant shall execute and deliver and shall cause any sub- consultant or subcontractor to execute and deliver to the City certificates as required to permit the City to make application for refunds of said sales and use taxes as applicable. The City is a municipal corporation and not subject to state and local tax, use tax, or federal excise taxes. 20. SEVERABILITY If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 21. MISCELLANEOUS HEADINGS Title to articles, paragraphs, and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. 22. FURTHER ASSURANCES Each party hereby agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. 23. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall constitute an original document, no other counterpart needing to be produced, and all of which when taken together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or agents on the day and year first above written. CONSULTANT CITY OF WAUKEE By: By: Name: David N. Moeller, P.E. Courtney Clarke, Mayor Title: President 7 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc ATTACHMENT 1 SCOPE OF SERVICES The work to be performed by the Consultant under this agreement shall encompass and include detailed work, services, materials, equipment and supplies necessary to complete analysis and design for the project. I. GENERAL The project includes construction of approximately 6,100-feet of trail between U.S. Highway 6 (Hickman Road) and NW Douglas Parkway. The south ½ of the trail alignment will be constructed on new alignment within existing City of Waukee property. Grading for the north ½ of the trail has been completed as part of a separate project, alignment in this area will follow the grading. Stream re-alignment may be beneficial for trail construction, this project will include wetland/stream delineation and permitting as such. The proposed improvements will be designed in 2023 with construction anticipated to begin in late 2023 or early 2024. II. BASIC SERVICES A. Project Management The Consultant shall perform the following management services during design of the Project: a. Monthly progress reports to the City. b. Monthly invoices. c. Project coordination with the City, adjacent projects, and utility companies. d. Project coordination with other consultants. e. Project design review. f. Project Management Team (PMT) meetings with City staff are anticipated to be scheduled after each project milestone. g. Other Project Related Meetings: i. Other consultant coordination. ii. Initial utility coordination meeting, subsequent individual utility coordination. h. City Council presentation, as necessary. B. Preliminary Survey The Consultant shall perform field and office tasks to provide boundary survey base mapping, topographic survey, and utility location survey for the project as described herein. a.Survey Control. Horizontal Datum is anticipated to be US Survey Feet in State Plane Iowa South coordinate system. Vertical Datum will be NAVD 88. b.Boundary Survey Base Mapping. The Consultant will provide the following boundary survey mapping for the PROJECT. i.Re-establish existing boundary lines and or right-of-way lines by means of existing monuments, plats and or other documents, as provided by the City and/or recorded with the Dallas County Recorder’s Office. This work is to facilitate design or concept needs and enable creation of said document. This work is not to be construed as a certified boundary survey and missing monuments will not be set. 8 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc ii.Show recorded or otherwise known existing easements and rights-of-way, reference source of information on drawing; easement documents, if any, will be provided by the City. iii.Give names of owners of adjacent properties. c.Topographic Survey. The Consultant will provide the following topographic survey services for the project. i.Set benchmarks along route with description and elevation to the nearest 0.01 foot, at intervals not to exceed 1000 feet horizontal or 25 feet vertical. ii.Spot elevations displayed to the nearest 0.01 feet to be included for shots and are to be shown on a separate CADD drawing level, to view when applicable. An approximate 50-foot grid will be used to create topography map, along with other grade breaks, such as tops, toes, drainage ways, tops and bottoms of retaining walls, etc. iii.Contours will be shown at 1-foot intervals, except in areas that are excessively steep, then contours will be shown at a suitable interval. iv.The Consultant will show location of structures, paving and other features above grade. Existing structure locations to be shown or dimensioned are to facilitate civil construction document development and are not intended for architectural design. Specific information required for architectural design shall be provided as Additional Services. Below grade non-visible structures or other features will be shown from information, as provided by others and reasonable research and will be approximate. Below grade, non-visible structures may require further investigation, if potentially in conflict with PROJECT. Subsurface items shown will constitute a Quality Level “C” subsurface utility engineering survey, as described under Additional Services, “Utility Information Quality Services Level.” v.The Utility Information to be shown for the following items will be based on record information, surface evidence, as-built drawings and utility company field locates. Utilities to be shown will constitute a Quality Level “C” subsurface utility engineering survey as outlined under Additional Services, “Utility Information Quality Services Levels.” Features to be identified are described below: 1. Sanitary and storm sewers. Size, type, location, access holes and inlets with inverts and cover elevations. 2. Water supply. Size, type, location, valves, and fire hydrants. 3. Gas supply. Size, location, and valves. 4. Electric power. Location, poles and transformers and other appurtenances for both underground and aerial lines. 5. Telephone/communication. Location, pedestals, poles, junction boxes, and other appurtenances for both underground and aerial lines. vi.Location of flood plain and flood level of streams or adjacent bodies of water. vii.Existing, unusual, or significant features, not listed herein will be noted. viii.Location of all trees and bushes. Note as deciduous or coniferous and include spread or drip line. If the site has thickly wooded areas, see paragraph ix below. ix.Perimeter outline only of thickly wooded areas, unless otherwise directed. x.Services will be performed, as notice to proceed allows, and in conjunction with construction document preparation requirements. In some instances, a delay could be possible due to weather conditions and other circumstances 9 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc beyond the control of the Consultant. In such instance(s), the Consultant will inform the City of the cause of such a delay and an appropriate course of action will be agreed upon. C. Wetland and Stream Delineation The Consultant will provide Wetland and Stream Delineation for approximately the south ½ of the project, beginning at U.S. Highway 6 (Hickman Road) and ending near NW Gracewood Drive. Grading for the trail has been completed for approximately the north ½ of the project and no delineation is anticipated. a.The Consultant will complete a desktop review followed by field visits to gather data pertaining to wetland vegetation, wetland hydrology, and hydric soils. b.The Consultant will review United States Geological Survey topographic maps, National Wetland Inventory maps, Soil Survey, previously completed reports, and aerial photographs as part of a preliminary data search. c.Delineation site visits will be performed during the growing season which typically occurs between April and October. The purpose of the site visit will be to determine inf wetlands are present within the project area. Upper boundaries of wetland and stream areas will be surveyed with GPS equipment. d.The stream delineation will evaluate the Ordinary High-Water Mark (OHWM) throughout the reach. OHWM characteristics will be identified during the field visits and forms filled out for USACE review. e.Field work will be conducted in accordance with procedures outlined in the 1987 US Army Corps of Engineers Wetland Delineation Manual and Midwest Supplement. f.The Consultant will provide an electronic copy of the wetland and stream delineation report and OHWM forms. D. Hickman Pedestrian Crossing Feasibility Study The Consultant will perform a feasibility study for a grade separated pedestrian facility crossing U.S. Highway 6 (Hickman Road) at two separate locations, one near the intersection of NW 10th Street (Location 1) and the other near the intersection of North Warrior Lane (Location 2). a. The Consultant shall conduct a study kickoff meeting with the City to discuss background information, overall trail plans, planned projects, pending development, etc. b.The Consultant shall perform an Unmanned Aerial Services survey (UAS) to capture aerial imagery for generation of a real-time/true-color/geo-referenced orthophoto, 3D point cloud and an exposed surface terrain model for concept analysis and/or design purposes. If the site conditions allow quality control concerns (unsafe weather conditions, vegetative/snow cover, obstructions or uncontrollable site conditions), or unsafe conditions for staff, an agreeable solution will be discussed prior to commencing with the services. The survey services provided will be in accordance with the current aerial mapping standards. FAA controlled airspace will be reviewed, and if required, an approved FAA authorization will be received prior to commencing with services. c.The Consultant shall perform topographic survey of underground utilities within the study areas identified. Utility survey scope will be consistent with preliminary survey scope outlined above. d. Consultant will review on-site conditions at each location for proposed route and crossing, including identification of potential NEPA considerations. 10 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc e. Consultant will develop design alternatives at each location. i. Location 1: 1. Anticipate five design alternatives will be developed. Three overpass alternatives and two underpass alternatives. 2. For underpass alternatives, storm water calculations and hydraulic analysis will be performed to determine drainage needs, pumping requirements, existing system capacities, and geometry of adjacent storm water conveyance systems. ii. Location 2: 1. Consultant will review recommendations from the previous underpass study. It is understood development in the area prevents fully implementing those recommendations. 2. Anticipate three design alternatives will be developed. Two overpass alternatives and one underpass alternative. f. Consultant will prepare conceptual staging and traffic control plan suitable for initiating discussions with Iowa DOT District staff. g. Images and other visualization tools will be used to communicate the conceptual designs. This process will include City involvement in the consideration of basic options, historical context information, aesthetic themes, and other considerations toward narrowing to the design alternatives for further conceptual development and digital modeling if needed. If one design alternative emerges as the preferred alternative as part of this process, work will concentrate on further details of that alternative, including construction cost opinions and 3D visualization. h. Opinions of probable construction costs will be provided for each alternative and will be based on history of similar projects and currently available unit price data. Cost opinions will be provided in current year dollars and are intended for budgetary purposes only. i. The Consultant will prepare materials toward public engagement using online surveys. The survey will be used to gather public opinion consisting of comments and data to help inform the design and aesthetic decision-making process. Final design and aesthetic decisions will be made in conjunction with consideration to construction cost, future maintenance needs, engineering expertise, and City input and interests. j. Feasibility study deliverables shall include a preliminary design alternatives report and final conceptual design and feasibility study report. The final report will include the prior deliverables, plus documentation toward the preferred design alternative, opinion of probable construction cost, and implementation plan. E. Preliminary Trail Design The Consultant will review topographic survey and perform a site visit with City staff to determine conceptual trail alignments. a.Conceptual alignments will be analyzed for potential wetland/stream impacts, right- of-way needs and potential construction cost impacts. b.Conceptual trail alignments will be reviewed and coordinated with the results of the Hickman crossing feasibility study. c.At-grade trail crossings planned at NW Venture Drive and NW Sunrise Drive will be evaluated for potential traffic calming measures. Treatment options and recommendations will be provided for concurrence with the City. d.A recommended trail alignment will be identified for concurrence with the City. 11 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc Preliminary design and plans will follow the recommended alignment and will include the following: e.Typical sections of the proposed trail segments. f.Plan and profile information including geometric details of the trail, alignment information, traffic control and staging, drainage design, and cross sections. g.The drainage improvements are anticipated to be extensions to existing culverts, grading/regrading of existing ditches, and/or new culverts to convey drainage under the trail where appropriate. h.Water main design is not anticipated as part of the project. i.Sanitary sewer design is not anticipated as part of the project. j.It is anticipated that all improvements will be constructed within existing City right- of-way. No right-of-way acquisition services are anticipated as part of the project. k.There will be sufficient detail with the preliminary design to identify potential utility conflicts. Preliminary plans will be forwarded to franchise utility companies for them to be able to design any necessary relocations. l.Preliminary plans will be submitted to the City for comment before proceeding to final design. m.An Opinion of Probable Construction Cost will be provided at the end of the preliminary design and submitted with the preliminary plans. n.A public information meeting (PIM) is not anticipated as part of this project. F. Wetland and Stream Permitting If required for the project, the Consultant will complete a section 404 joint permit application and submit to the U.S. Army Corps of Engineers (USACE) through the Iowa Department of Natural Resources PERMIT website. The Consultant will act as the Authorized Agent throughout the permitting process. During this process, the Consultant will respond to inquiries from USACE. This task assumes that a Nationwide Permit (NWP) will be obtained from the USACE with a possible mitigation credit purchase requirement. The timeframe for obtaining a NWP is approximately 12 weeks. An Individual Permit (IP) and permittee- responsible mitigation (PRM) are considered additional services and beyond this scope. PRM sites require onsite review including wetland and stream delineation, threatened and endangered species habitat assessment, as well as cultural resources review, mitigation plan, maintenance plan, and monitoring schedule. The timeframe for an IP is at least a year and requires a significant amount of documentation and justification for the proposed impacts. G. Final Trail Design and Construction Documents The Consultant shall provide the following final design services to facilitate construction of the project. a.The Consultant will develop detailed construction plans, based on the approved preliminary design. The Consultant will utilize the City of Waukee standard specifications and the Statewide Urban Design and Specifications (SUDAS) and prepare supplemental specifications, as required. The plans will include final trail location design, details, quantities, surface restoration, traffic control, and construction staging, as necessary. b.The Consultant will prepare an opinion of probable construction cost for the project, based upon the design developed. Opinions of probable construction costs, prepared by the Consultant, represent the best judgment of the Consultant, as a design professional familiar with the construction industry. It is recognized, however, that the Consultant has no control over the Contractor's methods of pricing, or market 12 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc conditions. Accordingly, the Consultant makes no warranty, expressed or implied, as to the accuracy of such opinions, as compared to bid or actual costs. c.The Consultant will prepare the public notice required for obtaining the NPDES General Permit No. 2. The public notice will be submitted to the City for publication. It is understood the Contractor will be responsible for obtaining the NPDES permit and City COSESCO permit d.The Consultant will submit the final construction plans and specifications for the project to the City for review and concurrence or non-concurrence prior to proceeding with bidding. e.The Consultant shall prepare technical specifications to the established scope of the project to facilitate the bidding and construction of the project. The Consultant shall furnish copies of these documents to the City for review and approval. The comments and review recommendations will then be incorporated into the final plans and specifications. III. CONSTRUCTION PHASE SERVICES Upon receipt of authorization under the final design phase as described herein, the Consultant shall perform the following services: A. Bidding a.Construction Contract Documents: It is anticipated the Project will be let by the City and the Consultant shall coordinate the letting and supply the necessary documents for this process. The Consultant will utilize QuestCDN electric plan room to distribute the plans and contract documents. b.Advertising: The Consultant shall advertise the Project to potential contractors and respond to questions received during the bidding phase. The Consultant will prepare addendum(s) as needed to interpret or clarify the bidding documents. c.Letting: The Consultant shall conduct a public bid letting at a location chosen by City, and prepare the bid tabulation. The Consultant shall attend the City Council meeting, if requested, and make recommendations to the City regarding the awarding of the construction contract to the lowest qualified bidder. A contract and bonds with bid information will be prepared by the Consultant for execution by the City and the contractor. B.Construction Administration Upon award of the construction contract, the Consultant shall perform the following administrative services during construction of the project: a.Preconstruction Conference: The Consultant shall arrange and conduct a preconstruction conference with the Contractor, City and impacted utility companies to review the contract requirements, details of construction, utility conflicts and work schedule prior to construction. b.Periodic Site Observation: The Consultant shall make periodic visits to the construction site to observe the progress and determine if the results of the construction work substantially conform to the drawings and specifications of the construction contract. c.Contractor Payment Requests: The Consultant shall review the requests of the contractor for progress payments and shall approve a request, based upon site observations provided by the City, which authorizes payments and is a declaration that the contractor's work has progressed to the point indicated. 13 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc d.Notification of Nonconformance: It is understood the City will observe construction and shall determine if any observed work does not conform to the construction contract. The Consultant shall make recommendations to the City for the correction of nonconforming work. It is understood the City will see that these recommendations are implemented by the contractor. e.Shop Drawings: The Consultant shall review shop drawings and other submissions of the Contractor for general compliance with the construction contract. f.Change Orders: The Consultant will respond to any request for information and shall prepare appropriate change orders as necessary, for approval of the City. g.Final Acceptance - It is understood that the City will accept any portion of the project only after recommendation by the Consultant. Final acceptance of the project by the City shall not be deemed to release the Contractor from responsibility for insuring that the work is done in a good and workman-like manner, free of defects in materials and workmanship nor the Consultant for his liability of design. h.If the Contractor exceeds the estimated working and/or calendar days in completing construction of the Project, or if change orders or Project additions require additional working days, the Consultant will be compensated for administration, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. C. Construction Survey The Consultant will be responsible for providing construction survey for the Project. Construction survey will include qualified personnel, equipment and supplies required for the following items: a.General: The Consultant will provide one (1) set of construction stakes for each construction phase during the project. The original stakes, as set by the Consultant, shall be preserved and if in the opinion of the Consultant, the original survey stakes or marks have been carelessly or willfully destroyed or disturbed by the Construction Contractor, the cost of replacing said stakes will be charged back to the Construction Contractor, on an hourly basis in accordance with the Consultant’s Standard Fee Schedule in effect at the time such services are provided. The Construction Contractor will be notified in advance of re-staking and the work will be authorized prior to execution. b.Grading. Stakes requiring cut/fill will be set to a predetermined grade reference. c.Paving. Stakes requiring cut/fill will be set to a predetermined grade reference. i.Edge of pavement at 4’ offset at 25’ intervals and grade breaks. ii.Radius points and ends of radius. Midpoints or quarter points will be set for radius of more than 10’ if necessary to define grade. d.Survey work documentation will be a combination of digital and hard copy format. e.Tie-ins with existing pavements and utilities will be verified for correctness of alignment and elevation prior to construction staking. Discrepancies discovered during this verification process will be brought to the attention of the Construction Contractor for review and assistance with resolution prior to staking. f.Scheduling Survey. Work will be commenced upon receipt of authorization to proceed, within 72 hours of first notification. After first notice, a 48-hour notice is sufficient for scheduling construction survey. g.Based on the anticipated construction sequence, it is anticipated that ten (12) survey crew visits will be needed. Construction documents will contain notes indicating the scope of construction staking to be provided. 14 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc D. Record Drawings The Consultant shall furnish electronic reproducible record documents for Project according to City requirements. Electronic files are anticipated to be in Portable Document Format (PDF). Such record drawings may contain a waiver of liability phrase regarding unknown changes made by the Contractor without City/Consultant approval. IV. ADDITIONAL SERVICES Because of the nature of the project, certain services may or may not be needed by the City, until specific phases are completed. These services are referred to as Additional Services. A.The City may request Additional Services from the Consultant not included in the Scope of Services as outlined herein. Additional Services may include, but are not limited to: a.Expanding the scope of the project and work to be completed. b.Threatened and Endangered (T&E) species habitat survey. c.Phase I Environmental Site Assessment. d.Cultural Resources services such as archaeological or architectural surveys. e.Individual wetland permitting or permittee-responsible mitigation. f. Right-of-way acquisition platting. g.Right-of-way or easement acquisition assistance or property owner negotiations. h.Public informational meetings or individual property owner meetings. i.In-depth geotechnical investigations, outside of the scope included herein. j.Extending the time to complete the project through no fault of the Consultant. k.Redesign of the project in the event the estimated costs or bids received exceed the funds available by the amount mutually agreed upon by the City and the Consultant l.Requesting additional work items that increase the Design Services, Construction Services, or Other Services and corresponding costs. B.Prior to the initiation of Additional Services, the Consultant will submit, in writing to the City, a supplement to this contract along with the estimated fees. Such fees will be based on the hourly rates and reimbursable expenses, as outlined in the Consultant’s Standard Fee Schedule, in effect at the time such services are performed. 15 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc PROJECT LOCATION MAPS 16 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc 17 P:\Agreements\Waukee\2023_PrairieRoseTrail\PSA_2023-07-05_PrairieRoseTrail_Agreement.doc ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the scope of services under this Agreement shall be as follows: Notice to Proceed July 24, 2023 Preliminary Survey July / August 2023 Wetland and Stream Delineation August 2023 Hickman Pedestrian Crossing Feasibility Study August – December 2023 Preliminary Trail Design August / September 2023 Wetland and Stream Permitting September 2023 Final Design and Construction Documents September / October 2023 Bid Letting November / December 2023 Construction period March 2024 - October 2024 Principal II $245.00 /hour Principal I $230.00 /hour Senior $210.00 /hour VIII $192.00 /hour VII $182.00 /hour VI $173.00 /hour V $161.00 /hour IV $149.00 /hour III $137.00 /hour II $123.00 /hour I $109.00 /hour Lead $146.00 /hour Senior $140.00 /hour VIII $130.00 /hour VII $120.00 /hour VI $108.00 /hour V $98.00 /hour IV $88.00 /hour III $80.00 /hour II $73.00 /hour I $64.00 /hour II $75.00 /hour I $61.00 /hour Mileage Outside Services Professional Engineer, Landscape Architect, Land Surveyor, GIS, Environmental Scientist Project Manager, Planner, Right-of-Way Agent, Graphic Designer SNYDER & ASSOCIATES, INC.2023STANDARD FEE SCHEDULE Billing RateBilling Classification/Level As Invoiced Reimbursables Administrative Technical CADD, Survey, Construction Observation current IRS standard rate ATTACHEMENT 3 SCHEDULE OF FEES REIMBURSABLE EXPENSES 1.All materials and supplies used in the performance of work on this project will be billed at cost. 2.Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal Revenue Service. 3.All other direct expenses will be invoiced at cost. 18