HomeMy WebLinkAbout2011-09-26-Resolutions 11-186_Alice's Rd-105th St Interchange - IJR and Final Design AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-186
APPROVING THE AGREEMENT FOR ENINEERING SERVICES BETWEEN THE CITY
OF WAUKEE,IOWA AND KIRKHAM MICHAEL FOR SERVICES DESCRIBED AS
ALICE'S ROAD INTERCHANGE IJR,ENVIRONMENTAL ANALYSIS AND FINAL
DESIGN
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal
Organization;AND,
WHEREAS,the Cities of Waukee and West Des Moines are actively pursuing the construction of an
interchange at the intersection of ios"Street/Alice's Road and Interstate 80 (1-80);AND,
WHEREAS,the City of Waukee has previously entered into an Agreement for Engineering Services
with Kirkham Michael for services related to the Alice's Road Interchange and Final Design on
February 4,2008;AND,
WHEREAS,Kirkham Michael has exhausted the funds related to the February 4,2008 Engineering
Services Agreement and is in need of additional funds to complete the Alice's Road Interchange IJR,
final interchange design and enviromnental analysis.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
engineering agreement related to the Alice's Road Interchange IJR,Environmental Analysis and Final
Design,attached hereto as Exhibit A,is hereby approved,contingent upon approval of said agreement
by the City of West Des Moines.
Passed by the City Council of the City of Waukee,Iowa,and approved the 26th day of September
2011.
Attest:
.}ooistra,City Administrator/Clerk
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN
EXHIBIT A
M ~0.KIRKHAMLN(AAj MICHAEL Arizona-Co lorado
Iowa"Kansas"Nebraska
www.kirkham.comCONSULTINGENGINEERS
AGREEMENT FOR ENGINEERING SERVICES
11,lS Agreement is made and entered into this ~.day of ....2tn}wbt'i ...__,20 I I,by and
between the City of Waukee,Iowa,hereinafter referred to as "Ctf;;-andKirkllam Michael and
Associates,Inc.(Fed.LD.#470365085),a Nebraska corporation,hereinafter referred to as
"Engineer,"as follows:
THE CITY HEREBY AGREES TO RETAIN THE ENGINEER,AND ENGINEER
HEREBY AGREES TO PERFORM THE FOLLOWING WORK,PERSONAL SERVICES,
AND/OR FURNISH THE NECESSARY EQUIPMENT,SUPPLIES,OR MATERIALS
GENERALLY DESCRIBED AS:
Alice's Road Interchange IJR,Environmental Analysis,and Final Design
1.STANDARD CONDITIONS
"Kir-kham Michael General Terms and Conditions)!as attached hereto as Exhibit A and
hereinafter referred to as the "Terms and Conditions"t is hereby incorporated into this
agreement,with the following exceptions.
A.Section 6 "LIMITATION of LIABILITY"of the Terms and Conditions is not applicable
to this contract,and is hereby eliminated in its entirety,from this agreement.
B.Section 9 "OWNERSHIP OF DOCUMENTS"of the Terms and Conditions is not
applicable to this contract,and is hereby eliminated in its entirety,from this agreement.
Section 16 of the base agreement specifies ownership of documents requirements that are
applicable to this contract,in lieu of those in Section 9 of the Tenns and Conditions.
C.Section 11 "GOVERNING LAW"of the Terms and Conditions is not applicable to this
contract,and is hereby eliminated in its entirety,from this agreement.This agreement
shall be governed by and construed in accordance with the laws of the State of Iowa.
2.SCOPE OF SERVICES
Provide engineering analysis,environmental analysis,design engineering,plans and
specifications preparation,advertisement and bidding assistance,and coordination with
City staff and Iowa Department of Transportation for construction of the project in
accordance with Exhibit B "Scope of Services".
3.SCHEDULE
A.Engineer shall complete analysis,documentation,and coordination with the City,the Iowa
Department of Transportation,and the Federal Highway Administration to complete a
revised Interchange Justification Report and submit it to the Iowa Department of
Transportation for approval}in coordination with the schedules dictated by the referenced
agencies.Engineer shall provide estimated timeframes for responding to specific task
assignments during the coordination,and shall complete those tasks within the estimated
timcframes.
B.Engineer shall develop an Environmental Assessment for the interchange project and
n021 Aurora Avenue.Des Moines,Iowa 50322.;.(515)270-0848·FAX (515)270-1067
M ~()KIRKHAMLNCAA'J MICHAEL Arizona>Colorado
Iowa"Kansas"Nebraska
www.kirkham.comCONSULTINGENGINEERS
complete the work within 9 months of notice to proceed.Extensions of time to complete
the work may be granted if necessitated by state and federal coordination.
C.Engineer shall develop final design plans and specification for construction of the
interchange,beginning after environmental concurrence is obtained,or when directed to
start by the City if desired earlier.Work shall be completed within 3 months after receipt
of environmental concurrence.
4.COMPENSATION
A.Engineer shall be paid at normal hourly rates"including salary I additives,overhead,and
profit,for time actually worked on the project,up to a contract ceiling amount of
$380,375.00
B.The Engineer's fee is based on the staff estimates provided in Exhibit C "Project Staff
Hour Estimate and Engineering Budget."Stipulated fee rates and contract ceilings shall
apply to all work completed within one year of execution of this contract Services
required after that period,due to delay in approval of the final interchange project or other
delays outside the control of the Engineer,shall be renegotiated to update labor rates.
C.The Engineer shall invoice the City monthly for services,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 oftbe City'S acceptance of Engineer's
submission of final deli verables in accordance with the Scope of Services.
D.In consideration of said compensation,the Engineer agrees to perform all services,work,
and/or provide all materials,supplies,and equipment,and to carry out the provisions of
this agreement in a good and workmanlike manner to the satisfaction ofthe City.Ifthe
performance of this agreement involves the services of others or the furnishing of
equipment,supplies,or materials,the Engineer agrees to pay for the same in full;and at
the time of payment by the City,to certify in writing to the City that said payments have
been so made.
5.OBLIGATIONS OF CITY TO ENGINEER
City s11a11provide Engineer with all available background information of relevance to the
project,including but not limited to applicable City development codes and requirements,
zoning requirements,and other applicable administrative codes.
Provide Engineer with applicable documentation of official proceedings,land purchase,
and other applicable documentation.
Provide prompt guidance,comment,and assistance in determining the City's project
requirements,preferences between potential alternatives,local standards for design and
construction,and other relevant project constraints.
Provide timely review of and response to submittals and requests for information.
Conduct bid advertisement and award.Provide all internal coordination for award and
11021 Aurora Avenue"Des Moines,Iowa 50322 Q (515)270-0848 Q FAX (515)270~1067
M~...f!.'KIRKHAMLN~MICHAEL Arizona ..Colorado
Iowa •Kansas>Nebraska
CONSULTING ENGINEERS www.kirkham.com
contracting with selected contractor.
Pay agreed Engineer fee in response to monthly invoices.
6.INSURANCE
A.Engineer understands and agrees that Engineer shall have no right of coverage under any
and all existing or future City comprehensive,self or personal injury policies.Engineer
shan provide insurance coverage for and on behalf of Engineer that win sufficiently
protect Engineer,or Engineer's agents,employees,servants,or other personnel,in
connection with the services or work which are to be provided by Engineer pursuant to
this agreement,including protection from claims for bodily injury,death,property
damage,and lost income.Engineer shall provide worker's compensation insurance
coverage for Engineer and all Engineer personnel.If required,Engineer shall file
applicable insurance certificates with the City,and shall also provide evidence of the
following additional coverage.
B.The Engineer shall maintain 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
each aggregate personal injury and/or death;and $1,000,000 for each property damage
accident.Ifrequired,evidence of coverage shall state 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.
C.The Engineer shall also maintain automobile liability coverage in the limits of at least
$1,000,000 bodily injury and property damage combined.Ifrequired,evidence of
coverage shall state 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 Engineer shall maintain errors and omissions 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 errors and omissions of the Engineer.If required,evidence of
coverage shall state that it cannot be canceled or materially altered without giving the City
at least thirty (30)days written notice by registered mail,rctum receipt requested.
7.NOTICE.Any notice to tile 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:
Name:City of Waukee,Iowa
Attn:Jeff Kooistra,City Adminiso'ator
Address:Waukee City Hall
Address:230 Highway 6 (Hickman Rd)
City,State:Waukee,IA 50263
FOR THE ENGINEER:
Name:Kirkham Michael &Associates,Inc.
Attn:Shawn L.Foutch,P .E.
Address:11021 Am'ora Avenue
City,State:Urbandalc.Lv 50322
11021 Aurora Avenue"Des Moines,Iowa 50322"(515)270-0848"fAX (515)270~1067
Arizcna t Colorado
Iowa"Kansas e Nebraska
www.kirkharn.comCONSULTINGENGINEERS
8.GENERAL COMPLIANCE.In the conduct of the services/work or the supplies,equipment,
or materials contemplated hereunder,the Engineer shall comply with applicable state,federal,
and local law,rules,and regulations,technical standards,or specifications issued by the City.
Engineer 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.
9.STANDARD OF CARE.Services provided by the Engineer 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.
10.INDEPENDENT CONTRACTOR.Engineer understands and agrees that the Engineer and
Engineer's employees,agents,servants,or other personnel are not City's employees.
Engineer shall be solely responsible for payment of salaries,wages,payroll taxes,
unemployment benefits,or any other fonn of compensation or benefit to Engineer or any of
Engineer's employees,agents,servants,or other personnel performing the services or work or
supplying equipment or materials specified herein,whether it be of a direct or indirect nature.
Further in that regard,it is expressly understood and agreed that for such purposes neither
Engineer nor Engineer's employees,agents,servants,or other personnel shall be entitled to
any City's payroll,insurance,unemployment,worker's compensation,retirement,or any other
benefits whatsoever.
II.NON-DISCRIMINATION.Engineer will not discriminate against any employee of applicant
for employment because of race,color,sex,national origin,religion,age,handicap,or veteran
status.Engineer 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.Engineer
will cooperate with the City in using Engineer's best efforts to ensure that Disadvantaged
Business Enterprises are afforded the maximum opportunity to compete for subcontracts of
work under this agreement.
12.HOLD HARMLESS.Engineer agrees to indemnify and hold harmless the City,its officers,
agents,and employees from any and all claims,settlements and judgments including 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 Engineer is legally liable.
13.ASSIGNMENT.Engineer shall not assign or otherwise transfer this agreement or any right or
obligations therein without first receiving prior written consent of the City.
14.APPROPRIATION OF FUNDS.The funds appropriated for this agreement are eqnal to or
exceed the awarded contract amount.Performance of the City's obligations under this
Agreement are expressly subject to appropriations of funds by the City Council.Further,in
the event that funds are not appropriated in whole or in part sufficient for performance of the
City's obligations under this agreement,or appropriated funds may not be expended due to
City spending limitations,then the City may terminate this Agreement without further
compensation to the Engineer.
15.AUTHORIZED AMENDMENTS TO AGREEMENT.
11021 Aurora Avenue.Des Moines,Iowa -50322'"(515)270-0848 't FAX (515)270~1067
fl!?[;\....fl••KIRKHAMW~MICHAEL Arizona +Colorado
iowa {>Kansas <t Nebraska
www.kirkham.comCONSULTINGENGINEERS
A.The Engineer and the City agree and acknowledge as a part of this agreement,that no
amendments to this agreement,or other form or order or directive,may be issued by the
City which requires additional compensable work to be performed)which work causes the
aggregate amount payable under the agreement to exceed the amount appropriated for this
agreement as listed above,unless the Engineer has been given a written assurance by the
City that lawful appropriations to cover the costs of the additional work have been made.
B.The Engineer and the City further agree and acknowledge as a part of this agreement that
no agreement amendments)or other form or 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 Engineer shall not be
entitled to any additional compensation for any additional compensable work performed
under this agreement,and expressly waives any ri ghts to additional compensation,
whether by law or equity,unless prior to commencing the additional work,the Engineer
was given a written amendment describing the additional compensable work to be
performed,and setting forth the amount of compensation to be paid,which amendment
was signed by the authorized City representative.
16.OWNERSHIP OF ENGINEERING DOCUMENTS.All sketches,tracings,plans,
specifications,reports,and other data prepared under this Agreement shall become the
property of the City;and 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 Engineer.All
drawings and data shall be transmitted in a durable material,with electronic files provided
when feasible to do so.
17.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.The laws of the State of Iowa shall govern this agreement.This is a
completely integrated agreement and contains the entire agreement of the parties,and any
prior written or oral agreements,which are different from the nouns,conditions,and
provisions of the agreement,shall be of no effect and shall not be binding upon either party.
Any judicial action under the terms of this agreement shall be exclusively in the District Court
for Dallas County,Iowa.
18.COMPLIANCE WITH IMMIGRATION AND CONTROL ACT.Engineer certifies that
Engineer has complied with the United States Immigration and Control Act of 1986.All
persons employed by Engineer for performance of this agreement have completed and signed
FOIm 1-9 verifying their identities and authorization for employment.
19.SOLICITATION AND PERFORMANCE.
A.The Engineer warrants that it has not employed or retained any company or person,other
than a bona fide employee working for the Engineer,to solicit or secure this Agreement,
and that the Engineer 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 Engineer shall not engage the services of any person or persons in the employ of the
11021 Aurora Avenue.Des Moines,Iowa 5032240 (515)270w08,18'"FAX (515)270-1067
M t:\()KIRKHAMW[/.Pj MICHAEL Arizona •Colorado
Iowa·Kansas e Nebraska
www.kirkham.comCONSULTINGENGINEERS
City at the time of commencing such services without the written consent of the City.
20.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 Engineer,and shall be effective as
of the date established in the suspension notice.Payment for Engineer'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 Engineer.
B.Upon ten (10)days written notice to the Engineer,the City may terminate the Agreement
at any time if it is found that reasons beyond the control of either the City or Engineer
make it impossible or against the City's interest to complete the Agreement.In such case.
the Engineer 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 Engineer has
violated any term or condition of this Agreement,or that Engineer has failed to maintain
workers •compensation insurance or other insurance provided for in this Agreement.In
the event of such default by the Engineer,the City may give ten (l0)days written notice
to the Engineer of the City's intent to terminate the Agreement.Engineer shall have ten
(10)days from notification to remedy the conditions constituting the default
D.In the event that this Agreement is terminated in accordance with paragraph C of this
section,the City may take possession of any work and may complete any work by
whatever means the City may select The cost of completing said work shall be deducted
from the balance which would have been due to the Engineer had the Agreement not been
terminated and work completed in accordance with contract documents.
21.TAXES.The Engineer shall pay all sales and use taxes required to bc paid to the State of
Iowa on the work covered by this agreement.The Engineer shall execute and deliver and
shall cause his subcontractors 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,therefore,not subject to state and local tax,use tax,or
federal excise taxes.
22.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
23.FURTHER ASSURANCES.Each party hereby agrees to execnte 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.
24.COUNTERPARTS.This Agreement may be executed in any number of counterparts,each of
which shall constitute all original,110 other counterpart needing to be produced,and all of
which when taken together shall constitute the same instrument,
11021 Aurora Avenue>Des Moines,Iowa 50322.(515)270-084&·FAX (515)270-1067
Arizona ..Colorado
Iowa •Kansas +Nebraska
www.kirkham.comCONSULTINGENGINEERS
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.
ENGINEER:
KIRKHAM MICHAEL &ASSOCIATES.Inc.
CITY:
By:~f.~
Shawn Foutch,Vice President
Date:~
11021 Aurora Avenue e Des Moines,Iowa 50322'(515)270-0848'FAX (515)270-1067
Exhibit A
rv;Jt:\..t1•KIRKHAMLN~MICHAEL
1.AUTHORIZATION TO PROCEED
Signing of the accompanying agreement for engineering
surveying or related services shall be authorlzatlon by the
Client for Kirkham Michael &Associates,Inc.(Kirkham
Michael)to proceed with the work described,unless otherwise
stated in the agreement form.
2.STANDARD OF PRACTICE
Services performed by Kirkham Michael under this agreement
will be conducted in a manner consistent with the level of care
and skill ordinarily exercised by members of the profession
currently practicing in the same locality under simllar
conoltlons.No other representation,express or implied,and
no warranty or guarantee is included or intended in the
agreement or in any report.opinion,document,or otherwise.
3.INVOICING AND PAYMENT
The client,recognizing ihat timely payment is a material part of
the consideration of this agreement,shall promptly pay
Kirkham Michael for services performed in accordance with ihe
rates and charges set forth herein.Invoices will be submitted
by Kirkham Michael on a monthly basis and shall be due and
payable upon receipt.The client shall pay an additional charge
of one and on half percent (1.5%)(or the maximum percentage
allowed by law,whichever is lower,)of the invoiced amount per
month for any payment received by Kirkham Michael more than
thirty (30)calendar days from the invoice date.Payment
thereafter shall first be applied to accrued interest and then to
principal unpaid amount.
If the client for any reason fails to pay the undisputed portion of
Kirkham Michael's invoices within thirty calendar days from the
invoice date,Kirkham Michael may cease work on the project
and the client shall waive any claim against Kirkham Michael
and shall defend and indemnify Kirkham Michael from and
agaInst any claims for injury or loss stemming from Kirkham
Michael's cessation of services.Client shall also pay Kirkham
Michael the cost associated with premature project
demobilization.In the event tho project is remobilized,client
shall also pay fhe cost of remcbltlzaflon and shall renegotiate
appropriate contract terms and conditions such as those
associated with the budget,schedule or scope of services.
If the client objects to all or a portion of the Invclce.the client
shall so notify Kirkham Michael in writing within ten calendar
days of the date of the Invoice in question,and shall pay that
portion of the invoice not in dispute.In the event any bill or
porncn thereof is disputed by the client,client shall notify
Kirkham Michael wiUlin ten (10)calendar days of the date of
the invoice in question.Cllent and Kirkham Michael shall work
together to resolve the matter within sixty (60)calendar days of
its being called to Kirkham Michael's attention.If resolution of
lhe matter is oat attained within sixty (60)calendar days,either
party may terminate this agreement.
4.ADDITIONAL SERVICES
Aoy services beyond those specified in the agreement will be
provided for separately under an additional agreement or a
supplemental agreement.
5.CONSTRUCTION COST ESTIMATES
Construction cost estimates provided by Kirkham Michael are
prepared from experience and judgment.Kirkham Michael has
no control over market conditions or construction procedures
and does not warrant that proposals,bids or actual
construction costs will not vary from Kirkham Michael
estimates.
Revised:05-12-09
6.
General Terms and Conditions
LIMITATION OF LIABILITY
In order for the client to obtain the benefits of a fee which
includes a lesser allowance for risk funding,the client agrees to
limit Kirkham Michael's liability arising from Kirkham Michael's
professional acts,errors or omissions,such that the total
aggregate liability of Kirkham Michael shall not exceed Kirkham
Michael's total fee for the services rendered on this project,or
the amount of fifty thousand dollars ($50,000),whichever is
less.
7.CONSEQUENTIAL DAMAGES
The client shall not be liable to Kirkham Michael and Kirkham
Michael shall not be Hable to the client for any consequential
damages incurred by either party due to the fault of the other,
regardless of the nature of this fault or whether it was
committed by the client or Kirkham Michael,their employees,
agents,or subcontractors.Consequential damages Include.
but are not limited to,loss of use and loss of profit.
8.INDEMNIFICATION
Client and Kirkham Michael,their respective officers,
employees,agents,and representatives,each agree to
indemnify and hold the other harmless,from and against
liability for claims,losses,damages and expenses,including
reasonable attorneys'fees,to the extent such claims,losses
damages,or expenses are caused by the indemnifying party's
negligent acts,errors or omissions.IN the event claims,
losses,damages or expenses are caused by the joint or
concurrent negligence of Client and Kirkham Michael,they
shall be bome by each party In proportion to its negligence.
9.OWNERSHIP OF DOCUMENTS
All plans,draWings,reports,notes,calculations,estimates and
other documents prepared by Kirkham Michael as instruments
of service shall remain the property of Kirkham Michael,and
copies will be provided at the request of the client.
10.TERMINATION
In the event termination becomes necessary,the party (client
or Kirkham Michael)effecting the termination shall so notify the
other party and termination will become effective fourteen (14)
calendar days after receipt of the termination notice.
Irrespective of which party shall effect termination or the cause
of termination,the client shall within thirty (30)calendar days of
termination remunerate Kirkham Michael for services rendered
and costs incurred up to the effective time of termination,In
accordance with Kirkham Michael's prevailing fee schedule and
expense reimbursement policy.
11.GOVERNING LAW
This agreement is to be governed by and construed In
accordance with the law of the principal place of business of
Kirkham Michael.
12.CONTROLLING AGREEMENT
The agreement and these terms and conditions express the
entire agreement between the parties.These terms and
conditions shall take precedence over any inconsistent or
contradictory provisions contained in any proposal,contract,
notice to proceed,or like dowment regarding Kirkham
Michael's services.If anyone or more of the provisions
contained in this agreement shall be held unenforceable,the
enforceability of the remaining provisions shall not be impaired.
Page 1 of 1
EXHIBIT B
Scope of Work
Allee's Road IIOS'h Street Interchange -!JR,EA,Final Design
PROJECT SCOPE OF WORK
This scope of work will include tasks leading to completion of the Interchange Justification
Report)completion of an Environmental Assessment,and completion of contract documents for
Alice's Road I 105"Street between Ashworth Road and Wendover Road including the
Interchange with 1-80.Building upon work completed under the previous agreement,Kirkham
Michael will complete each of these components of the project from our Urbandale office.We
will utilize staff primarily from our Iowa office,but will also draw on staff resources from other
offices as necessary to meet the schedule for the project.
KM will employ the services of Tall Grass Historians and Terracon for resource studies updates
for the environmental assessment,and Terracon for soils testing and geotechnical analysis.We
may also utilize the services of Bonnie's Barricades traffic control for data collection activities on
the 1-80 corridor,
1.0 INTERCHANGE JUSTIFICATION REPORT
Kirkham Michael will continue development of the interchange justification report and
coordination with City,State,and Federal officials to usher the project through required review
and approval cycles.
1.1 Project Management
Kirkham Michael will manage our internal analysis and development of materials,and will
coordinate with City,State,and Federal officials to schedule and conduct meetings,reviews,
submittals,and other actions.KM will provide schedule updates,progress reports,periodic
invoices and budget updates,and other coordination needed to support progress of the work.
1.2 Steering Committee Meetings
Kirkham Michael will help schedule steering committee meetings,prepare agendas and
preparatory materials,lead discussions in the meetings!and produce meeting summary notes.
KM will assume as pro-active a role in these meetings as possible,to support and encourage
progress on the project.The actual number of meetings is not known,but is assumed at 3
meetings for the purpose of the cost estimate in this proposal.
1.3 Traffic Analysis Revisions
Traffic analysis has already been completed to a draft stage for this project,sufficient to illustrate
the case for the interchange justification study.It is expected that as agency reviewers evaluate
the work done so far,additional analysis or revisions to the existing analysis will be required.
KM will complete that work in accordance with the Iowa DOT's current IJR User Guide (version
2.0),and other guidance developed in the DR Memorandum Letter of Agreement negotiated for
this project.Final traffic analysis will be documented in revised versions ofthe !JR.
1.4 Document Revisions
A draft version of the DR has already been submitted and is under preliminary review.As traffic
analysis is updated and supplemented}and guidance is provided from Steering Committee
interaction and other reviews,the IJR document will be updated with the updated information,
Sheet 1 of7
EXHIBIT B
Scope of Work
Alice's Road lIDS"Street Interchange -!JR,EA,Final Design
and reformatted as required.Figures)summary tables,text and other required information in the
document will be updated or developed new,as required.This proposal assumes the need for one
significant update to the draft !JR,and minor updates to a final version.
1.5 Document Production and Submittals
Each update of lJR materials will be printed and distributed to the Steering Committee.This is
assumed to include approximately 10 copies of one additional draft,10 copies of a final version
of the document for formal submittal and review by IaDOT and FHW A,and 10 copies of a final
signed version if accepted by the FHW A.
2.0 ENVIRONMENTAL ASSESSMENT
2.1 Project Management
Kirkham Michael will manage internal staff and work,and coordinate with the City and with the
Iowa Department of Transportation District 4 Office and Office of Location and Enviromnent
(OLE)for development of an Environmental Assessment for this project,which has been
determined by IaDOT to be the appropriate level of environmental analysis for this project based
on information available at this time,KM will provide schedule updates,progress reports,
periodic invoices and budget updates,and other coordination needed to support progress of the
work.
2.2 Agencies Coordination
Kirkham Michael will conduct early coordination with appropriate federal,state,and local
agencies,including attendance at public and agency environmental ecoping meetings to inform
the agencies of the project and receive input to the environmental studies.
2.3 Resource Studies Updates
Kirkham Michael will update resource studies already completed for the partial draft EA
developed earlier for this project.KM will review existing data,gather additional data as needed,
and update,replace,or supplement existing analyses to document current conditions.Work will
include:
•Determine the presence of and expected project impacts to biological species,
including the identification of any protected plant or animal species;
•Perform noise,air,and water quality analysis;
•Perform socio-economic studies;
•Perform land use studies;
•Perform traffic studies
•Perform wetland delineation studies;
8 Review presence of regulated substances within the project corridor.
2.4 Purpose and Need
Kirkham Michael will review the draft purpose and need presented in the partial draft EA,and
update itto conform to current conditions and the updated project concept.KM will coordinate
Sheet 2 of7
EXHIBIT B
Scope of Work
Alice's Road /105"Street Interchange -!JR,EA,Final Design
with IaDOT to confirm the Purpose and Need,and obtain formal agreement on its content and
exact wording from OLE.
2.5 Existing Conditions
Kirkham Michael will evaluate existing conditions in the project corridor and affected area,
conduct and incorporate findings from resource studies,and update the existing conditions
analysis and documentation in the EA.
2.6 Alternatives Analysis
Kirkham Michael will identify and evaluate reasonable alternatives for development of the
project.The work will include at least the proposed project,and the do nothing alternative.
Other feasible alternatives may be included as warranted by impacts,purpose and need,and
relevant regulatory requirements.Alternative descriptions and analysis will be documented in the
draft EA in accordance with current IaDOT practice.
2.7 NEPAl 404 Merged Process
Kirkham Michael will prepare materials for the NEP Al404 Merged Process (Concurrence Point
Meetings),attend meetings as necessary,and prepare summary notes,if applicable to this project.
Any such materials developed in the prior draft EA will need to be developed through this
process again.
2.8 4(f)and 6(t)
Prepare a Draft and Final Section 4(f)Statement for submittal by the IaDOT to FHWA if such
resources exist near the project and are affected by the project.Prepare additional documentation
such as a Memorandum of Agreement or Section G(t)Statement for submittal by IaDOT to other
agencies if such resources exist in the project area and are affected by it.Assist with
coordination,reporting,and negotiation for required agreements.
2.9 Draft Docu ment
Prepare a draft and final environmental document corresponding to the level of impact of the
project,in this case expected to be and Environmental Assessment.Generate applicable sections
of the document in accordance with raDOT procedures and guidance from reviewers.
2.10 Reviews,Revisions,and Distribution
Print a.nd distribute draft materials to [aDOT and other reviewers.Generate,print,and distribute
the draft EA for pnblic review once approved for distribution by internal IaDOT review.Revise
drafts at each stage of development in accordance with comments provided by reviewing
agencies and in response to public comments,
2.11 Environmental Concurrence
Coordinate with IaDOT OLE to obtain environmental concurrence once the draft document has
been distributed,reviewed,and revised as required.Make updates,supplementary analysis and
documentation as needed.
Sheet 3 of7
EXHIBIT B
Scope of Work
Alice's Road /lOS"'Street Interchange -!JR,EA,Final Design
2.12 FONSI
Draft and submit a proposed Finding of No Significant Impact (FONSI)for the project in
coordination with laDOT OLE.Generate the final FONSI for submittal by laDOT to FHW A
once required revisions are completed and raDOT agrees that a FONSI is warranted.Coordinate
with laDOT through the federal review process.Publish and distribute the FONSI once
approved.
3.0 FINAL DESIGN
Kirkham Michael will complete final design tasks on all components for the ultimate design of
the project.Building npon the efforts of the previous design phase,final detailing will be
completed with regard to the roadways,drainage structures]construction staging and traffic
control,and permanent signing)striping,and traffic signals.The final design deliverables will be
the completed contract plan sheets related to each of the final design tasks.
3.1 Project Management,Communications,and Public Invoivement
Work on this project will continue to be coordinated by our Urbandale-based project manager,
Shawn Foutch.The project manager will provide monthly (or more often)written updates to
ensure that the work stays on schedule,and that the project owners are well-aware of issues as
they may arise.
Shawn will also continue to coordinate with designers on adjacent projects]as well as city and
state staff working on adjacent facilities,utilities,land use planning,and related work.Shawn
and the KM team will also coordinate directly with landowners throughout the design process and
through the right-of-way and relocation processes.ALL public involvement will be coordinated
through West Des Moines and Waukee staff to ensure that the team presents consistent messages
to the public at all times.
3.2 Coordination
Kirkham Michael will continue to coordinate with the cities of Waukee and West Des Moines,
Iowa DOT and District 4,and consultants working on adjacent and connecting projects.
Elements of the design will be presented to Iowa DOT for review and comment prior to inclusion
in the final plans.For the purpose of estimating this effort,review submittals have been assumed
for the interchange ramp geometries and drainage structures with the Methods Section and the
Office of Bridges and Structures,respectively.
3.3 Final Geometries
Kirkham Michael will finalize the horizontal and vertical geometry of Alice's Road /105"'Street
and the interchange ramps as developed during the preliminary design phase,in complete
accordance with Iowa DOT policies and standards.The ramp ties to the existing Interstate 80
pavement will be confirmed,and compatibility with the future widened 1-80 section will be
clearly documented.
Final checks will be made of the intersection geometries for acceptance of the tum path of the
design vehicle(s).The pavement will be developed to allow a WB-67 tractor trailer to make the
various turning movements without over-curb wheel tracking.
Sheet 4 of7
EXHIBIT B
Scope of Work
Alice's Road 1105"'Street Interchange -!JR,EA,Final Design
3.4 Final Roadway and Grading Design
Based on the preliminary design work,Kirkham Michael will complete the final roadway design
in accordance with Iowa DOT standards.Detailed pavement,jointing design,and shouldering for
the interchange ramp pavements and Alice's Road I 105"'Street will be completed.
Final grading will be developed and a digital terrain model created for use by the contractor.
All non-standard project details requiring either modified Iowa DOT Standard Road Plans or
newly developed plan sheets will be included in this work task.
3.5 Final Drainage Design
Based on preliminary design work,Kirkham Michael will complete the detailed design of all
aspects of drainage for the project,including ditching and the final design of all drainage
structures.Analysis of the proposed ditch grades for possible permanent erosion and sediment
control will be completed as part of this task.
3.5.A Roadway Structures
Kirkham Michael will complete the final design of all cross-road pipes for the project.
Using the drainage scheme established during preliminary design,final hydraulics and
installation details will be developed for the conduits in accordance with Iowa DOT
policies and procedures.Hydranlic analysis will be completed using FHW A's HY-8
computer program.Final design will include the preparation of 20-scale plat plans for
review by Iowa DOT Office of Bridges and Structures,
3.5.B Storm Sewer Design
Kirkham Michael will complete the design of storm sewer elements not placed during the
preceding phase of the project,and will adjust fixtures as needed to accommodate the
final geometric layout of the completed interchange pavement.For the purposes of
estimating this effort,the adjustment of one intake is assumed depending on the final lane
configuration of the southbound to eastbound loop.
3.6 Construction Staging
Kirkham Michael will design a sequence of construction,with an emphasis on safety and
minimization of traffic disruption.All stages of construction will be depicted on the final plan
sheets.
3.7 Traffic Control
Kirkham Michael will layout suitable traffic control plans for the various stages of construction.
All custom traffic control layouts not covered by Iowa DOT Standard Road Plans will be
incorporated into the final plan sheets.
3.8 Erosion Control
Kirkham Michael will complete erosion control plans for use during construction.A Pollution
Prevention Plan CPPP)will be developed and plans and quantities will be produced for the erosion
control elements not covered by Iowa DOT Standard Road Plans.
Sheet 5 of 7
EXHIBrT B
Scope of Work
Alice's Road /105"'Street Interchange -lJR,EA,Final Design
3.9 Signing &Pavement Striping Design
Kirkham Michael will complete the design and layout of the permanent signing and striping for
the project.Plan sheets will be produced for all element of signing and striping that are not
covered by Iowa DOT Standard Road Plans.
3.10 Signal Design
Kirkham Michael will design the traffic signals and associated facilities for the placement of
signals at the ramp terminal intersections on Alice's Road 1105'"Street.For the estimation of
this effort,signal have been assumed at the terminals of the eastbound and westbound exit ramps.
3.11 Final Tabulations,Quantities,and Specifications
Kirkham Michael will compiie the data for all applicable tabulations,final estimates of quantities,
and any special provisions for the project(s)in conformance with Iowa DOT policies and
procedures for inclusion in the final plan submittals.
3.11.A Final Tabuiations
Kirkham Michael will prepare and populate all applicable tabuiations for inclusion in the
final plan sheets according to Iowa DOT policies and procedures.
3.11.8 Construction Cost Estimate
Kirkham Michael will prepare a final opinion of probable construction cost based on the
final estimate of quantities.Item costs for this cost opinion will use the most recent 12~
month compilation of tabulated unit prices as produced and distributed by Iowa DOT.
3.11.C Special Provisions
Kirkham Michael will prepare special provisions for any construction item not covered
by the Iowa DOT Standard Specifications,2009 Edition.
3.12 Geotechnicallnvestigations
Kirkham Michael will determine any additional geotechnical service needs and direct the
collection of data for use in completing the design of the project.It is expected that additional
soil borings will be required along the south side of the eastbound 1-80 traffic lanes for
construction of the auxiliary lane.
3.13 Plan Production and Packaging
Kirkham Michael will produce all required final plan sheets resulting from the design tasks listed
in this scope.The roadway plans will be packaged for letting as directed by the cities.For the
purposes of estimating this effort,two project packages have been assumed.
4.0 RIGHT·OF-WAY ACQUISITIONS
Kirkham Michael will coordinate with the City's appraiser and negotiator for acquisition of
remaining right-of-way needed to construct the proposed improvements,Kirkham Michael will
provide mapping,plats,construction drawings,and other informational materials as needed to
describe the work and space requirements for purposes of evaluating value and discussing with
Sheet 6 of?
EXHIBIT B
Scope of Work
Alice's Road 1105~Street Interchange -!JR,EA,Final Design
landowners.Kirkham Michael will file final plats once they have been approved,and place
monuments in the field as required by Iowa law.
5.0 ADVERTISEMENT AND BIDDING
Kirkham Michael staff will assist the cities with tasks associated with the advertising,bidding,
and letting of the project contracts.KM will prepare the construction documents for distribution
assuming an Iowa DOT to interested bidders,and provide information and answers to questions
as the process proceeds.Klv1 will plan for and attend a pre-bid conference if one is deemed
necessary.For the purposes of estimating this effort,an Iowa DOT bidding has been assumed for
these projects.
6.0 CONSTRUCTION ENGINEERING
Kirkham Michael will provide construction administration services throughout construction of the
project(s),utilizing the same design and project management staff wbo designed the project.KM
will also provide construction observers,fully qualified in all IaDOT inspection classifications,to
observe and document construction activities.KM's services will be specifically provided not
only to assure quality construction in accordance with the plans and specifications,but also to
ensure compliance with IaDOT and FHW A procedures to ensure full reimbursement for all
applicable project costs.Costs for Construction Engineering Services are not included in this
agreement.Costs will be negotiated in a separate agreement after final design work is completed,
when working days and other construction project information that affects the scope of work is
known in more detail.
Sheet 7 of7
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