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HomeMy WebLinkAbout2016-07-18-Resolutions 16-307_Alice's Rd Corridor Phase 4 - University Ave to Olson Dr - Engineering AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 16-307 APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH FOTH INFRASTRUCTURE A ENVIRONMENT,LLC [RECONSTRUCTION DESIGN SERVICES,SE ALICE'S ROAD NORTH OF UNIVERSITY AVENUE TO NORTH OF SE OLSON DRIVE (PHASE 4)] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,108'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,City staff recommends retaining the services of Foth Infrastructure and Environment, LLC,for design services for the reconstruction of SE Alice's Road from north of SE University Avenue to north of SE Olson Drive,a project also known as Alice's Road Improvements,Phase 4; AND, WHEREAS,the engineering services agreement has been reviewed and approved by the Waukee City Attorney. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services with Foth Infrastructure &Environment,LLC [Reconstruction Design Services,SE Alice's Road North of University Avenue to North of SE Olson Drive (Phase 4)],attached hereto as Exhibit A,is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved the I '"day of July,2016. Wl amF.card,M yor Attest: WL6~ Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X X NAY ABSENT ABSTAIN X Fath infrastructure &Environment,LLC Project No 16W021 01 June 20,2016 SE Aiices Road Waukee,lowe City Project No. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Reconstruction Design Services SE Alices Road —North of University Avenue to North of Olson Drive (Phase 4) Waukee City Project No. This Agreement is made and entered into this day of June,2016,by and between the CITY OF WAUKEE,a municipal corporation,hereinafter referred to as "City",and FOTH INFRASTRUCTURE AND ENVIRONMENT,LLC,(Fed.I.D,¹20-5814224),a professional corporation incorporated and licensed under the laws of the State of lowe,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 Coordination B.Design Surveys and Mapping C.Preliminary Design and Plans &Concept Statement D.Pre-Final (Check)Design and Plans E.Final Plans F.Real Estate Services $76,000 $101,000 $249,000 $338,000 $25,000 $74,000 Subtotal —Basic Services $863,000 II.Construction Services A.Construction Administration B.Resident Engineering/Observation C.Post-Construction Services $85,000 $550,000 $30,000 Subtotal —Construction Services $665,000 Total Compensation $1,528,000 B.The Consultant shall invoice the City monthly for services,any reimbursable expenses and any approved amendments to this Agreement,based upon services actually completed at the time of Page 1 of 24 Path Infrastructure &Environment,LLC Protect No.1&W021.01 June 20,2010 SE Aiices Road,Phase 4 Waukee,lovva City Protect No the invoice.Final payment shall be due and payable within 30 days of the City's acceptance of Consultant's submission of final deliverabies 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 Consultants'personnel.Consultant shall file applicable insurance certificates with the City,and shall also provide evidence of the following additional coverage. B.The Consultant shall provide evidence of comprehensive general liability coverage and contractual liability insurance by an insurance company licensed to do business in the State of Iowa in the limits of at least $1,000,000 each personal injury accident and/or death;$1,000,000 general aggregate personal injury and/or death;and $1,000,000 for each property damage accident.The evidence shall designate the City as an additional insured,and that it cannot be canceled or materially altered without giving the City at least thirty (30)days written notice by registered mail,return receipt requested. C.The Consultant shall also provide evidence of automobile liability coverage in the limits of at least $1,000,000 bodily injury and property damage combined.The evidence shall designate the City as an additional insured,and that it cannot be cancelled or materially altered without giving the City at least thirty (30)days written notice by registered mail,return receipt requested. D.The Consultant shall provide evidence of professional liability insurance,by an insurance company licensed to do business in the State of Iowa,in the limit of $1,000,000 for claims arising out of the professional liability of the Consultant.Consultant shall provide City written notice within five (5)days by registered mail,return receipt requested of the cancellation or material alteration of the professional liability policy. E.Failure of Consultant to maintain any of the insurance coverages set forth above shall constitute a material breach of this Agreement. 5.NOTICE Any notice to the parties required under this agreement shall be in writing,delivered to the person designated below,by United States mail or in hand delivery,at the indicated address unless otherwise designated in writing. FOR THE CITY:FOR THE CONSULTANT: Name;Cit of Waukee Name:Foth Infrastructure and Environment Attn:John Gibson Director of Public Works Attn:Patrick P.Kueter P.E. Address:805 Universit Avenue Address:8191 Birchwood Court Suite L City,State;WAUKEE IA 50263 City,State:Johnston IA 50131 Page 2 of 24 Fath Infrastructure 6 Environment,LLC Project No 16W021.01 June 20 2016 SE Akces Road,Phase 4 Waukee,lowe City Project No. 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. 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. 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. 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 11L HOLD HARMLESS Consultant agrees,to the fullest extent permitted by law,to indemnify and hold harmless the City,its officers,and employees (collectively,City)against all damages,liabilities,judgments or costs, including reasonable investigative fees,attorneys'fees,and court costs,to the extent caused by the Consultanfs negligent acts,errors or omissions in the performance of professional services under this Agreement and those of its sub consultants or anyone for whom Consultant is legally liable. Consultant shall nat be obligated to provide the City with legal counsel or advanced investigative fees,legal fees,or costs. 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,ar 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(B)of this Agreement. 13.AUTHORIZED AMENDMENTS TO AGREEMENT Page 3 of 24 Foth Infrastructure 6 Environment,LLC Protect No.16W021.01 June 20,2016 SE Aiices Road,Phase 4 Waukee,lowe City Pioiect No A.The Consultant and the City acknowledge and agree that no amendment to this Agreement or other form,order or directive may be issued by the City which requires additional compensable work to be performed if such work causes the aggregate amount payable under the amendment, order or directive to exceed the amount appropriated for this Agreement as listed in Section 3, above,unless the Consultant has been given a written assurance by the City that lawful appropriation to cover the costs of the additional work has been made. B.The Consultant and the City further acknowledge and agree that no amendment to this Agreement or other form,order or directive which requires additional compensable work to be performed under this Agreement shall be issued by the City unless funds are available to pay such additional costs,and the Consultant shall not be entitled to any additional compensation for any additional compensable work performed under this Agreement.The Consultant expressly waives any right to additional compensation,whether in law or equity,unless prior to commencing the additional work the Consultant was given a written amendment,order or directive describing the additional compensable work to be performed and setting forth the amount of compensation to be paid,such amendment,order or directive to be signed by the authorized City representative.It is the Consultant's sole responsibility to know,determine,and ascertain the authority of the City representative signing any amendment,directive or order. 14.OWNERSHIP OF CONSULTING DOCUMENTS All sketches,tracings,plans,specifications,reports,and other data prepared under this Agreement shall become the property of the City;a reproducible set shall be delivered to the City at no additional cost to the City upon completion of the plans or termination of the services of the Consultant.All drawings and data shall be transmitted in a durable material,with electronic files provided when feasible to do so.The Consultant's liability for use of the sketches,tracings,plans,specifications reports,and other data prepared under this Agreement shall be limited to the Project. 15.INTERPRETATION No amendment or modification of this Agreement shall be valid unless expressed in writing and executed by the parties hereto in the same manner as the execution of the Agreement.This is a completely integrated Agreement and contains the entire agreement of the parties;any prior written or oral agreements shall be of no force or effect and shall not be binding upon either party.The laws of the State of iowa shall govern and any judicial action under the terms of this Agreement shall be exclusively within the jurisdiction of the district court for Polk County,lowe. 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. Page 4 of 24 Fath Infrastructure &Environment,LLC Protect No 16W021 01 June 20,2016 SF Altces Road Phase 4 Waukee,towa Ctttr Pl'erect No. 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 affected by the City giving written notice to the Consultant,and shall be effective as of the date established in the suspension notice,Payment for Consultant's services shall be made by the City for services performed to the date established in the suspension notice.Should the City reinstate the work after notice of suspension,such reinstatement may be accomplished by thirty (30)days written notice within a period of six (6)months after such suspension,unless this period is extended by written consent of the Consultant. B.Upon ten (10)days written notice to the Consultant,the City may terminate the Agreement at any time if it is found that reasons beyond the control of either the City or Consultant make it impossible or against the City's interest to complete the Agreement.In such case,the Consultant shall have no claims against the City except for the value of the work performed up to the date the Agreement is terminated. C.The City may also terminate this Agreement at any time if it is found that the Consultant has violated any material term or condition of this Agreement or that Consultant has failed to maintain workers'compensation insurance or other insurance provided for in this Agreement.In the event of such default by the Consultant,the City may give ten (10)days written notice to the Consultant of the City's intent to terminate the Agreement.Consultant shall have ten (10)days from notification to remedy the conditions constituting the default. D.In the event that this Agreement is terminated in accordance with paragraph C of this section,the City may take possession of any work and may complete any work by whatever means the City may select.The cost of completing said work shall be deducted from the balance which would have been due to the Consultant had the Agreement not been terminated and work completed in accordance with contract documents. 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 subconsultant 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. DISPUTE RESOLUTION Should a dispute or conflict arise between the City and the Consultant during the design and construction of the Project,or following the completion of the Project,the City and the Consultant agree to submit the issues to formal non-binding mediation prior to exercising their right to commence litigation in a court of law.The parties shall each bear their own attorneys'fees,costs and expenses during mediation.The cost of the mediator shall be shared equally by the parties.Should mediation fail and litigation ensue,the prevailing party shall be entitled to reasonable attorneys'fees and costs to the extent said fees and costs are attributable to the non-prevailing parties'fault. Page 5 of 24 Fottt Infrastructure &Environment,LLC Project No.16W021.01 June 20,2016 SE Altces Road,Phase 4 Waukea,lowe City Proiect No 22.MISCELLANEOUS HEADINGS Title to articles,paragraphs,and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. 23.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. 24.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: Name:Patrick P.Kueter Title:Client Director BY: N e:Willi m F.Peard Title:Ma or WITNESS ATTEST Name:Dou las Ernst P.E. Title:Pro'ect Director Name:I" Title:A. Page 6 of 24 Foth infrastructure 6 Environment,LLC Protect No.16W021.01 June 20,2016 SE Ahces Road Phase 4 Waukee,fossa Ciiy Protect No. ATTACHMENT 1 SCOPE OF SERVICES The work to be performed by the Consultant under this agreement shall encompass and include detailed work,services,materials,equipment and supplies necessary to complete analysis and design for the project. The project consists of street reconstruction of Alices Road from north of University Avenue to north of Olson Drive in Vyaukee,Iowa.The Consultant will complete public engagement activities,additional survey and mapping,preliminary design,final design,real estate services and construction phase administration and observation.Services will also include pedestrian underpass design,traffic signal design,interconnect layout,sanitary sewer and water main adjustments and continued utility coordination.This scope of services is based on the following project assumptions: ~The project involves reconstruction of Alices Road from approximately 500'north of University Avenue to approximately 450'north of Qlson Drive,approximately 2,300 LF in length. ~The Consultant shall provide design services and deliverables as necessitated by an iowa Department of Transportation letting on January 18,2017. The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following tasks: I.BASIC SERVICES OF THE CONSULTANT The Consultant shall consult on a regular basis with the City to clarify and define the City's requirements for the Project and review available data.The City agrees to furnish to the Consultant full information with respect to the City's requirements,including any special or extraordinary considerations for the Project or special services needed,and also to make available pertinent existing data.The Consultant shall provide the following basic services in regard to the Project: A.PROJECT COORDINATION &CONCEPT STATEMENT Task 1 -Project Kickoff Meetings The Consultant shall conduct Lean Project Delivery (LPD)kick-off events with the project team prior to preliminary design commencement and prior to final design efforts.The events will involve the development of a project plan,including a high level master schedule,resource plan,visual work flow planning boards and a proactive risk identification and mitigation analysis.Regularly scheduled stand-up meetings,combined with the visual board will be used to update the entire team on the progress of project milestone/deliverables,individual team member task completion and to facilitate the overall team collaboration. Task 2 —Update Project Mailing List The Consultant will maintain the project mailing list and update it as needed to include all local officials,agencies and interested parties.The City will provide the initial list of interested parties. Task 3 —Public Information Meetings The Consultant will conduct two (2)public informational meetings that will be attended by a minimum of three (3)staff members of the Consultant.The purpose of the meeting will be to provide a brief overview of the proposed improvements to the surrounding neighborhoods and businesses.The meeting will include a discussion of the reconstruction plan,as well as gather information on the concerns,priorities and specific issues of the adjacent property owners and other affected parties.This task includes preparation of the public notification letter,display Page 7 of 24 Foth infrastructure 8.Environment LLC Protect No.16W021 01 June 20,2016 SE Atices rtoad Phase 4 Waukae,lowe City Piofect No materials and hand out information for the meeting.The reserving of the meeting facihty and a public notification will be completed by the City. Task 4 —Individual Property Owner Meetings The Consultant will conduct one (1)meeting with each of fourteen (1rt)property owners.The meeting will be attended by a minimum of two (2)staff members of the Consultant.The purpose of the meeting will be to provide detailed information of the proposed improvements and impacts to the property.The meeting will include exhibits and an active discussion including any concerns, This task includes initial contact with the property owner,preparation of exhibits,the meeting and follow-up. Task 5 —Utility Coordination The Consultant will continue coordination with individual utility companies to address specific conflicts and relocation needs.Prior to those meetings,general utility coordination meetings were held with all companies.For budgetary purposes,it is anticipated that there will be two (2)meetings with each utility company.These meetings may be face-to-face,over the phone or through email exchanges and include design reviews.Additionally,one (1)field meeting will be held with each utility company during utility relocation prior to roadway construction, Task 6 —Periodic Meetings with Local Elected Officials Informational update presentations will be provided to the City Council on an as needed basis during the design development process.The presentations wiii provide an introduction/overview of the project and project goals and objectives.It will also provide an update on design development concepts and schedule.The presentations will be held in conjunction with the Council Work Sessions,For estimating purposes,it is assumed that the Consultant will attend three (3)meetings. Task 7 —Exhibit Preparation for Council Meetings Exhibits for the design development will consist of aerial mosaics for the project with the major project features indicated on the aerial photograph,Include coloring,lettering,and other techniques to delineate the proposed design and right of-way needs,including typical sections of the roadway. The figure will indicate right-of-way needs,property lines,property ownership,access control lines, structure limits,and new roadway improvements. Task 6 —Concept Statement The Consultant will prepare the Concept Statement as required by the Iowa Department of Transportation.This task includes the completion of the following items: Form 517001,Concept Statement for Local Systems Federal Aid Projects,7 pages ~Form 517006,Environmental Data Sheet for Local Systems Federal-Aid Projects,2 pages ~Form 760005,Determination of Effect for Threatened 6 Endnagered Species for Local Public Agencies,1 page ~Photos of Project Corridor,to aid the environmental aspects of the Concept Statement ~Location Map This task includes the submission of the Concept Statement and one (1)revision requested by iowa DOT. Page 8 of 24 Foth lrurastructure &Enwromment,LLC Prolecl No 16W021.01 June 20,2016 SE rdices Road,Phase 4 Waukee,iowa Ctly Project No. B.DESIGN SURVEYS AND MAPPING The Consultant shall perform field and office tasks required to collect topographic information deemed necessary to complete the project,The City shall provide aerial photographic and other available mapping of the Project area.The specific survey tasks to be performed include the following; Task 1 —Additional Survey and Project Base Map Update The Consultant will obtain additional or changed control,topography,utility information,and property owner information to supplement the original Design Survey. Task 2 —Preparation of Plate The Consultant shall prepare acquisition plate and legal descriptions for property to be acquired and needed for construction easements for the project.For estimating purposes,it assumed that four (4)appraisals for acquisitions and fourteen (14)temporary construction easements will be needed for this project.The Consultant will retain the services of A8 R Land Services,Inc. (ARLS)to provide the remaining Real Estate Services required for the project as detailed later in this proposal. Individual plate and legal descriptions will be prepared for each parcel.The legal descriptions shall be metes 8 bounds descriptions.The plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of lowe.The plate shall also be completed in accordance with the City of Waukee requirements. The following table summarizes the anticipated project right-of-way acquisitions and easements, for which this scope of service task has been developed: No. 10 12 13 14 Parcel Name &Address Gilcrest/Jewett Lumber Company 1100 Alices Road DJN,LLC 850 SE Alices Road TTM Alice,LLC 1070 SE Frontier Avenue DLE Four Way,LC 750 SE Alices Road Aztec Properties,LLC 1055 SE Olson Drive Etzel,Robert F Livin Trust Greater Iowa Credit Union Williams Pointe Commercial I Williams Pointe Commercial li Centennial Development LC 855 SE Alices Road Centennial Development LC 725 SE Alices Road Centennial Development LC 595 SE Alices Road Centennial Development LC 595 SE Alices Road BDL Properties,Inc. 495 SE Alices Road Totals Appraisal Fee-Title ROW Temporary Easements TE 14 Page 0 of 24 Fath Infrastructure &Envtronnrent,LLC Project No.16W021 01 June 20,2016 SE Juices Road,Phase 4 Waukee,lowe City Project No. Task 3 —Preparation of Easements for MidAmerican Energy The Consultant shall prepare acquisition piete and legal descriptions for MidArnerican Energy's High Voltage Transmission power line parallel to the project.For estimating purposes,it is assumed that one (1)easement will be needed for this project. The legal descriptions shall be metes &bounds descriptions.The plat and legal description shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of iowa.The plat shall also be completed in accordance with the City of Waukee requirements. This task also consists of staking the easement locations for purposes of negotiations.The staking survey includes the marking of key easement location points in order to visualize the locations in the field and shall also include marking of existing property lines locations. Task 4 —Soil-Boring Location Surveys Perform soil-boring location surveys to establish location and elevation of proposed geotechnical investigations consisting of approximately 5 soil borings. Task 5 —Utility Relocation Staking Perform staking to aid in the relocation of utility relocations.This task will include communication with utility companies regarding their needs and staking.This task includes (1)staking effort per each utility company. Task 6 —Staking for Real Estate Negotiations This task also consists of staking the easement locations for purposes of negotiations.The staking survey includes the marking of key easement location points in order to visualize the locations in the field and shall also include marking of existing property lines locations.For the purpose of this agreement,all permanent and temporary easements will be staked one (I)time. Task 7 —Public Notice of Project The Consultant shall prepare a project notice letter for property owners directly adjacent to the project.This letter will provide a brief project description,notification of property surveys, anticipated schedule and contact information.The Consultant shall distribute the notice letter following the City review and approval. C.PRELIMINARy DESIGN AND PLANS The Consultant will perform preliminary design services in the preparation of design plans and specifications depicting the proposed grading,drainage,paving,signing,utility relocation,and other features of the project.The preliminary plans will include but not be limited to the following tasks: Task 1 —Preliminary Plan Preparation Upon completion of the preliminary plans,the design plans will be approximately 60 percent complete.The work to be performed by the Consultant under Preliminary Design shall consist of the following tasks: Title and General Information Sheets A Sheets This task consists of assembling the preliminary title and general information sheets.The preliminary title sheets will include the following:Index of Sheets,Legend,Location Map,Project Number,Design Traffic data. Final T ical Sections B Sheets -This item consists of design and drafting of typical cross sections and standard details to be utilized for the improvements. Page 10 of 24 Fottr Infrasfructure &Environment,1.LC Protect No 16W021 01 June 20,2016 SE Attces Road Phase 4 Waukee.iowa City Project No Plan and Prof'iles D and E Sheets This task consists of the development of preliminary plan and profile sheets that will show the existing topography along with the proposed improvements based on the survey or the office relocation centerline.Proposed Right-of-Way and Construction Easement limits based on the catch point lines will be shown.Included will be the necessary CADD work to show the preliminary design features for the proposed improvements. Preliminary plan and profile sheets will be developed for the trail reconnection on either side of the proposed pedestrian underpass.Proposed Right-of-Way and Construction Easement limits based on the catch point lines will be shown.Included will be the necessary CADD work to show the preliminary design features for the proposed improvements. Traffic Control Sta in Pavement Markin s and Traffic Si nin J Sheets Develop suitable plan for construction scheduling and staging of the Project and for traffic control measures to be implemented during construction.Staging plan shall include provisions for maintaining access to adjacent properties during construction.For estimating purposes,it is assumed that the roadway will maintain a minimum of 2-lane traffic (1-lane in each direction)during construction. Develop pavement marking and traffic signing plans to be placed into service following construction.The traffic control devices,procedures,and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). Storm Draina e Desi n M Sheets Develop preliminary storm sewer layout and sizing based on proposed improvements and existing drainage patterns utilizing Chapter 2 of the SLIDAS Design Manual.Resolve potential conflicts with underground utilities and other design elements.Vertical Profiles are not developed as part of this task. Traffic S nal Desi n N Sheets This task consists of preliminary traffic signal layout for the following intersections: Permanent Traffic Si nels: ~Alices Road and Gilcrest Jewett's northern access ~Alices Road and Qlson Drive The preliminary plans will include traffic signal pole layout and major equipment layout.This task also includes gathering information on the type of equipment to be used for the project using available design standards of the City,and the Manual on Uniform Traffic Control Devices (MUTCD).The preliminary plans will include the interconnect layout. Develop preliminary curb ramp layout and accessible curb ramp design in accordance with Chapter 12 of lowe SUDAS Design Manual.Design ramp geometric configurations alternatives,identify surface requirement,review general horizontal curb openings,cross slopes,running slope,and identify sidewalk width and passing space within the corridor. Pedestrian Under ass/Culvert Situation Plan -T e Size and Location TS8L Plans V Sheets Prepare 1"=20'scale Type,Size,and Location (TS&L)plans for the proposed pedestnan underpass and culverts.This task includes a Situation Plan and a General Elevation consisting of a cross/longitudinal section perpendicular/along the roadway centerline at the underpass and culverts.Roadway curve and profile data and traffic data will be shown. Preliminar Desi n Cross-Sections W Sheets -This item consists of the preliminary design and drafting of individual cross sections for the project.Cross sections will be designed and drawn at Page 11 of 24 Poth infrastructure 6,Environment,LLC Project No 16WO21 01 June 20,2016 SE Ahces Road,Phase 4 Waukee,tovra City Project No. 100-foot maximum intervals,with additional cross-sections included as necessary.Cross sections will show the existing ground elevations as weil as the final project grading,including fore slope and back slope information,special sub-grade treatments,ditches,pavement replacement,and other pertinent information. Task 2 -Preliminary Field Review A field review will be held with the Project Development Team to discuss key issues and design concepts,including drainage,access control,traffic control/stage construction and right of-way. The review will determine the completion of the plan design,identify needed adjustments to minimize potential property impact and confirm the proposed staging plans.Revisions will be noted for preparation of the final design.Completion of the field review will allow preparation for Final Plans. Task 3 —Geotechnical Exploration and Analyses (Allender Butzke Engineers,Inc.) Complete geotechnical exploration along the project corridor mainline.These services will be in general accordance with the standard specifications for subsurface investigations and design.This task includes the necessary field and office services to provide a geotechnical report for the project. The task involves completing five (5)borings.Two borings will be located at the proposed pedestrian underpass and will be approximately 40-ft deep.The remaining three borings will be evenly spaced throughout the project and extend to approximately 15-ft deep.The borings will be for purposes of the roadway and utility design,moisture contents,groundwater levels,laboratory testing and engineering analysis.The soil borings shall include coordination of traffic control measures and arranging a utility locate through lowe One Call.The backfilling of the boreholes will be performed following the pavement and/or soil borings. This subsurface exploration will include laboratory testing,engineering analysis,pavement design and a written report. The results of our field and laboratory programs will be evaluated by a professional geotechnical engineer licensed in the State of iowa,Based on the results of our evaluation,an engineering report will be prepared and include the following information: ~Description of the project. ~Computer generated boring logs with soil stratification based on visual soil classification s Summarized laboratory data on the boring logs ~Groundwater levels observed during and shortly after completion of drilling ~Boring location diagram ~Subsurface exploration procedures ~Subsurface soil conditions in addition,geotechnical recommendations for the project will include; ~Bearing soils for culverts ~Settlement and global slope stability review (as defined above) s Earthwork construction ~Expansive soil design considerations,if applicable s Cut and fill construction ~Excavation and backfill ~Site preparation,including the suitability of the existing on-site soils for use as structural fill ~Subsurface drainage recommendations ~Subgrade preparation recommendations for grade supported pavements ~Minimum Portland Cement Concrete pavement thicknesses. The scope of services does not include side streets,which can be incorporated by contract amendment upon the request of the City. Page 12 of 24 Folh Infrastructure 6 Environment,LLC Pro/ect No 16W021.01 June 20,2016 SE Aliens Road,Phase S Waukee,iowa Crtyl ro/ect No Task 4 —Intersection Geometries Truck Turning Movement Exhibit Turning templates and software will be utilized to model how all allowed vehicles will navigate the corridor as well as to/from the corridor from streets and accesses.An exhibit wiii be produced to document these movements and their functionality in the corridor. Task 5 —Quality Control Involves ongoing quality control input from the Project Team and the design engineer's senior technical staff throughout the development of preliminary plans.The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the preliminary plan set to the Project Team. Review the preliminary engineering plan set for technical accuracy,as well as for general constructability and conformance with the project design criteria. Task 6 —Monthly Project Status Meetings It is estimated that the Consultant's staff will attend three (3)meetings with the City,and others to review progress,assist in decision-making,and receive direction from the City.It is understood by the parties that the Consultant will attend additional meetings as needed to complete the Project. Task 7 —Opinion of Probable Cost and Budget Review The Consultant shall prepare a preliminary opinion of probable construction cost for the project and compare the cost to the City's current Project budget.The Consultant shall,if necessary, make recommendations pertaining to modifications in the Project in order to address budgetary concerns,Preliminary cost estimates shall be based on representative major project elements and recent bid information.Detailed quantity takeoffs will not be developed for the preliminary cost estimate. Task 8 —Submit Preliminary Plans to the Iowa DOT The Consultant will prepare a cover letter and complete the required checklist for the submittal. The cover letter details the progress of the project,Public Interest Findings needed,status of Environmental clearance and outstanding issues.The plans,cover letter and checklist will be submitted to the iowa DOT through their electronic system. D.PRE-FINAL (CHECK)DESIGN AND PLANS Based upon approved preliminary design,field exam,and public informational meeting,the Consultant shall subsequently proceed with final design,contract drawings,specifications and opinion of probable construction costs for the award of a single Contract for the construction of the proposed improvements.The work tasks to be performed include the following: Task 1 —Incorporate lowe DOT and Waukee Comments from Preliminary Plan Review The Consultant will respond to comments resulting from the preliminary plan review and field review.Recommended modifications will be incorporated into the plan set.The Consultant will revise preliminary construction plans and special provisions to incorporate appropriate comments. Task 2-Check Plans The Consultant shall provide the City with the following deliverables: Final Title Sheets A Sheets -This item consists of finalizing the title sheet.The title sheets will include the following:Index of Sheets,Legend,Location Map,Project Number and Design Traffic Data. Final T ical Sections B Sheets -This item consists of final design and drafting of typical cross sections and standard details to be utilized for the improvements. Page 13 of 2rt Fatti Infrastructure 5 Environment,LLC Protect No 16W021 01 June 20,2C16 SE Alices Road,Phase 4 Waukee,lowe City Proiecl No Final Quantities C Sheets -This item consists of final bid items to be included in the Project,as well as final quantity tabulations,and the development of the general notes and estimate reference information.This item also includes the final design and drafting of erosion control measures to be provided on the Project. Final Plan and Profiles D and E Sheets -This item consists of the final design and drafting of roadway plan and profile sheets,including the detail information required for plan approvals, permitting,and construction of the proposed improvements.This task also consists of the final design and drafting for the installation of new utilities and utility adjustments that can be determined from coordination with the utility companies at the time of design. Final Erosion Control Plan EC Sheets This task consists of the development of erosion control sheets that show a draft pollution prevention plan,existing and proposed topography,location of proposed best management practices,and permanent surface restoration types. Final DetourfTem orar Pavement F Sheets This item consists of final design and drafting of the detour and temporary pavement plans. Final Surve Reference G Sheets This task consists of assembling reference ties to the plan control points and the benchmark data used to develop the plans and to be preserved throughout construction of the project.This task also includes preserving any Government Corners that are found in the vicinity of the proposed construction. This item consists of final design and layout of temporary easements required to construct the project. FinalTrafficConbol/Sta in PavementMarkin s Traffic Si nin J Sheets —This item consistsof final design and drafting of the traffic control,staging and permanent pavement marking plans.It is assumed that the City will layout and install the permanent signing for the Project. Final Geometric Stakin Jointin and Ed e Profiles L Sheets -This item consists of the final design and drafting of jointing details,spot elevations,and geometric layouts for all non-typical pavement areas. Final Desi n of Storm Draina e S stems M Sheets -This item consists of final design and drafting of storm sewers,storm sewer inlets,manholes,open ditches,culverts,and other storm drainage related facilities for the Project. Final Traffic Si nal Desi n N Sheets -This task consists of the final design and drafting of permanent traffic signals.Included in this task will be the signal layout plans,wiring diagrams, major equipment,poles,signal heads,quantities,special provisions,underground interconnect, and other elements of the traffic signal installations,as necessary,to accommodate the roadway design,as well as proposed phasing and timing of traffic signals.This task will include the interconnect layout and necessary details. Final Sanitar Sewer and Water Main Ad'ustment Desi n 0 Sheets -This task consists of the final design of the sanitary sewer and water main adjustments that will show the proposed improvements,flow line elevations (where necessary,)rim elevations,utility access locations, hydrant and valve locations. Page 14 of 24 Foth Infrastructure 6 Environment,LLC Protect No 16W021.01 June 20,2016 SE Akces Road,Phase 4 Waukee,lowe City Protect No Roadwa Li htin Plans P Sheets —This task consists of final design and drafting of the photometric plan and locations of poles on the drawings,included in this task will be circuit design, utility service location,equipment location and schedule of materials. Final Removal Plan R Sheets -This task consists of final design and drafting of final removal plan sheets, Final Sidewalk Plan S Sheets -Develop final curb ramp layout and accessible curb ramp design in accordance with Chapter 12 of iowa SUDAS Design Manual.Finalize ramp geometric configurations and calculate horizontal curb openings,cross slopes,running slope,and label sidewalk width and passing space within the corridor. Final Tabulation of Earthwork T Sheets -This task consists of final design and drafting of the soils information and earthwork quantities. Final Construction Details U Sheets -This item consists of the final design and drafting of special project details not covered in other items.Included are such items as special grading details, channel grading,culvert details not included in the standard drawings,special storm sewer or manhole details not included in the standard drawings,special paving details,and other required miscellaneous details found to be required for completion of the project. Pedestrian Under ass Situation Plan-T e Size and Location TS&L Plans V Sheets This task consists of final design,calculations and drafting of the proposed pedestrian underpass including situation plans and necessary construction details to accommodate construction. This task includes the design of a storm water pump station to remove water from the pedestrian underpass.Pump design will account for the system flows of the area.Supervisory control and data acquisition (SCADA)will not be included in the design,However,OmniSite remote monitoring will be included.A battery back-up will not be included in the design.Calculations, pump details and CADD work required for this design will be included.The City of yyaukee will provide the pump needed during construction. The task includes the design of the lighting within the pedestrian underpass.The circuit design, utility service location,equipment location and schedule of materials will be included. Final Desi n Cross-Sections and X Sheets -This item consists of the final design and drafting of individual cross sections for the project.Cross sections will be designed and drawn at 50-foot maximum intervals,with additional cross-sections included as necessary.Cross sections will show the existing ground elevations as well as the final project grading,including fore slope and back slope information,special sub-grade treatments,ditches,pavement replacement,and other pertinent information. Task 3 -Opinion of Probable Construction Cost The Consultant shall prepare a Final Opinion of Probable Construction Cost for the project at the time of completion of the Check Plans. Task 4 -Quality Control Involve ongoing quality control input from the Project Team and the design engineer's senior technical staff throughout the development of Check Plans.The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the Check Plans set to the Project Team. Review the Check Plans set for technical accuracy,as well as for general constructability and conformance with the project design criteria. Page 15 of 24 Foth Infrastructure &Environment,LLC Project No 16W021 01 June 20,2016 SE juices Road,Pttase 4 Waukee,iowa City Project No Task 5 -Monthly Project Status Meetings It is estimated that the Consultant's staff will attend two (2)meetings with the City,and others to review progress,assist in decision-making,and receive direction from the City.It is understood by the parties that the Consultant will attend additional meetings as needed to complete the Project. Task 6 —Preparation of ROW Exhibits The Consultant shall prepare exhibits that clearly and distinctly show impacts to properties to use during discussions with property owners. Task 7 -Project Management The project manager for the Consultant will be responsible for monthly progress reporting, minutes of meetings,interoffice memoranda,and invoicing,This task also includes scheduling of staff,coordinating with Subconsultants,review of progress,and senior review of deliverables. Task 8 —Submit Check Plans to the Iowa DOT The Consultant will prepare a cover letter and complete the required checklist for the submittal. The cover letter details any significant changes to the design since the last submittal,comments that were addressed,progress of the project,Public Interest Findings needed,status of Environmental clearance and outstanding issues.The plans,cover letter and checklist will be submitted to the Iowa DOT through their electronic system. E.FINAL PLANS Task 1 -Incorporate iowa DOT Comments from Check Plans Submittal The Consultant will respond to comments resulting from the Check Plans review.Recommended modifications will be incorporated into the plan set. Task 2 —Public Interest Finding (PIF)Preparation The Consultant will prepare Public Interest Finding (PIF)documentation on behalf of the City.The PIF requests special consideration be made for use of specific products or special circumstances that require a delay in submission of Final Plans.For budgetary purposes,it is anticipated that there will be three (3)PIFs prepared. Task 3 -Complete Project Development Certificate The Consultant will complete and submit the required iowa Department of Transportation documentation to finalize the project plans and secure the letting date.This involves verifying utility relocations,right-of-way needs and railroad impacts. Task 4 —Bidding Phase Activities The Consultant shall be available to answer questions from contractors prior to the letting and shall aid in the issuance of addenda as appropriate to interpret,clarify or append the bidding documents. Task 5 -Bid Tabs and Award Recommendation The Consultant shall make tabulations of bid for the Owner,shall advise the Owner on the responsiveness of the bidders and assist the Owner in making the award of contract,including preparation of necessary contract documents. F.REAL ESTATE SERVICES The Consultant will retain the services of AER Land Services,Inc.(ARLS)to provide Real Estate Services required for the project as a Subconsultant to serve as the professional representative for both the Consultant and the City.The Consultant with the assistance of ARLS,will coordinate and manage the right-of-way acquisition and temporary easement process as an integral part of the management and scheduling of the project.Milestones and critical dates for completion of key Page 16 of 24 Fath Infrastructure 6.Environment,LI.C Project No 16W021.01 June 20,2016 SF Alices Road,Phase 4 Waukee,lowe City Project No. elements of the right-of-way acquisition process will be identified and made a part of the project development plan and schedule.The objective is to start the acquisition process early and proceed to a timely conclusion of right-of-way acquisition.The Consultant with the assistance of ARLS will coordinate specialists and subconsultants involved in right-of-way acquisition, The real estate acquisition services will follow the iowa Department of Transportation's Office of Right-of-Way's instructional manual for property acquisition,Right-of-Way Information Packet for Local Public Agency Federal/State-Aid Projects. The work tasks to be performed by the Subconsultants under Real Estate Services shall include the following: Tasks —Preparation of Parcel Files Parcels will be established based upon unity of ownership,unity of use,and contiguous land.Once the parcel has been defined,two separate files will be established according to the iowa DOT Right of-way Design Section Manual.It is estimated that parcel files will be prepared for 14 parcel. The parcel file records shall demonstrate compliance with applicable state/federal laws and requirements.The files shall include the following items: a)All Correspondence b)Title Documents c)Design Summary Information &Plat d)Appraisals and Review Appraisals e)Negotiator's Notes f)Administrative Settlement (if used) g)Copy of Signed Contracts h)Title Opinion i)Conveyance &Closing Documents j)Relocation Forms (if used) k)Relocation Agent's Notes (if used) I)Condemnation Documents (if used) m)Right-of-Way Record Checklist Task 2 —Report of Record Ownership and Liens (Title Searches) The Subconsultant shall obtain the services from an abstract company for the purpose of determining ownership interests(s)and instruments affecting title of land to be acquired in the name of the City. For preliminary land survey purposes and for preparation of acquisition documents,the abstract company shall deliver a title report for each parcel affected by the project to provide reasonable assurance of property ownership/interests of the real estate.This title report shall identify all mortgages,the last deed and easements of record,real estate tax assessment and payment information,and liens and claims pending in probate or other proceedings, For land acquisition purposes,a report of record ownership and liens will be obtained for fourteen (14)parcels in accordance with Iowa Code. Task 3 —Appraisals and Compensation Estimates The Subconsultant shall obtain the services from an independent fee appraiser for the purpose of for the purpose of preparing a value finding appraisal that determines the fair market value of the land and improvements to be acquired for the project,unless in the appraiser's professional opinion a "before and after"type of appraisal is required that addresses the severance damage to the Page 17 of 24 Path Infrastructure &Fnvironment,LLC Project No.16W021.01 June 20,2016 SE Ahces Road Phase 4 Waukee,Iowa Ctty Project No remainder.The appraisals shall be completed using iowa DOT forms or formats acceptable to the lowe DOT and meet their standards. It is estimated that a value-finding appraisal will be obtained for four (4)properties.In addition, compensation estimates to offer just compensation to acquire minor temporary acquisitions using iowa DOT farms and standards.It is estimated that a compensation estimate be prepared for ten (10)properties requiring temporary construction easements. Task 4 —Appraisal Review Independent property appraisal review will be obtained from qualified professionals for each value finding type appraisal and for each before and after type of appraisal.Findings for compensation estimates types of evaluations will be reviewed by an independent right-of-way professional. Task 5 —Right-of-Way NegotiationslAcqujsitions The Subconsultant shall serve as the Consultant's and the City's professional representative for nght-of-way negotiations/acquisitions.The Subconsultant shall abide by the provisions of the lowe Code Chapter 543B regarding the requirements for persons who purchase real estate for another, including disclosure of agency provisions.The Subconsultant shall provide proof of valid Iowa licenses and proof of required errors and omissions insurance,and shall document the parcel files that the disclosure of agency was made. The Subconsultant shall prepare all acquisition contracts and other documents necessary to secure the required right-of-way in compliance with state and federal law. The Subconsultant shall deliver to each owner of interest,including tenants,acquisition brochures, offers to purchase,proposed contracts,and offers of relocation,and answer acquisition related questions from each owner of interest.The Subconsultant shall not offer an owner of interest an amount in excess of the approved appraisal without the prior approval of the City. Upon successful completion of negotiations on a parcel,the Subconsultant shall audit the contract for correctness and verify all appropriate interests were acquired from the proper parties prior to submission to the City for approval. When an agreement cannot be reached with an owner of interest through normal negotiation procedures,the Subconsultant shall review the parcel giving full consideration to all pertinent data and make a recommendation as to whether a settlement should be attempted at an amount in excess of the original offer or whether to acquire the parcel by condemnation proceedings. Task 6 —Closing Services The Subconsultant shall serve as the Consultant's and the City's professional representative as the closing agent during the performance of the closing process.The Subconsultant shall abide by the provisions of Iowa Code Chapter 543B regarding the requirements of persons who perform closings of real estate transactions (including the disclosure of agency provisions).The Subconsultant shall provide proof of vahd iowa licenses and proof of required errors and omissions insurance. The Subconsultant shall prepare all documents necessary to secure the required right-of-way in compliance with state and federal law.The Subconsultant shall notify all mortgage(s),liens(s),and security interest(s)holders of the pending transaction,and prepare and obtain releases necessary to obtain merchantable title to real and personal property acquired. The Subconsultant shall provide closing payment information and payee instructions to the CITY (acquiring authority)in their transmittal letter with the completed parcel file for the closing and payment process to be performed by the CITY.The CITY shall complete final closing and transfer document recording. Page 18 of 24 Poth Infrastructure &Enwronment,LLC Project No.16W021 01 June 20,2016 SE Attces Road,Phase 4 Waukee,lowe Ctiy Project No. The City shall schedule closings and obtain signatures of each owner of interest on conveyance documents.The City shall provide proper and prompt payment,together with a closing statement, to owners of interest,explain and answer questions related to the closing process. The City shall comply with all Internal Revenue Service (IRS)rules and regulations pertaining to Form 1099 reporting requirements.The City shall gather data required for reporting,report data to property owners,the IRS,and the iowa Department of Revenue,and deliver the City these records for the period of time required by the IRS, The City shall record each document necessary to transfer title. Task 7-Condemnation Services (Task IVof Included) Condemnation Services are not included in this Scope of Services and these services will be completed under a supplemental agreement to this contract and shall include any appraisal service updates,updating of title opinions,and testimony required for the condemnation process. II.CONSTRUCTION SERVICES The Consultant shall consult on a regular basis with the City to clarify and define the City's requirements for the Project and review available data.The City agrees to furnish to the Consultant full information with respect to the City's requirements,including any special or extraordinary considerations for the Project or special services needed,and also to make available pertinent existing data.The Consultant shall provide the following: A.Construction Administration Construction administration services shall consist of office based services to assist the City in implementing the construction contract for this project.The work tasks to be performed by the Consultant shall include: Pre-construction Meetin The Consultant shall conduct a pre-construction meeting after award of construction contract for the City's Contractor,subcontractors,utility companies,and other interested parties. Sho Drawin s Submittal Reviews The Consultant shall review shop drawings,samples,and other data which the Contractor is required to submit,but only for conformance with design concept of the Project and conformance with the information given in the contract documents.The Consultant shall evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor, The Consultant shall have authority to require special inspection or testing of the work,and shall receive and review all certificates of inspections,testing,and approvals required. Site Visits In connection with observations of the Contractor's work while it is in progress: ~The Consultant shall make visits to the site at intervals appropriate to the various stages of construction as the Consultant deems necessary (estimated to be one (1)site visit per week) in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of the Contractor's work.Based on information obtained during such visits and on such observations,the Consultant shall determine,in general,if such work is proceeding in accordance with the Plans,and the Consultant shall keep the City informed of the progress of the work. ~The purpose of the Consultant's visits to the site will be to enable the Consultant to better carry out his duties and responsibilities during the construction phase and,in addition,by exercise of the Consultant's efforts as an experienced and qualified design professional,to provide for the City a greater degree of confidence that the completed work of the Contractor Page 10 of 24 Foth infrastructure 6.Environment,LLC Protect No.16W021.01 June 20,?016 SE Akces Road,Phase 4 Waukee,iowa City Proieci No. will conform to the Plans,and that the integrity of the design concept as reflected in the Plans has been implemented and preserved by the Contractor. The Consultant shall not during such visits supervise,direct,or have control over the Contractor's work,nor shall the Consultant have authority over or responsibility for the means,methods,techniques,sequences,or procedures of construction selected by the Contractor for safety precautions and programs incident to the work or for any failure of the Contractor to comply with laws,rules,regulations,ordinances,codes,or orders applicable to the Contractor furnishing and performing his work. During such visits,the Consultant may disapprove of or reject the Contractor's work while it is in progress if the Consultant believes that such work will not produce a completed Project that conforms to the Plans,or that it will prejudice the integrity of the design concept of the Project as reflected in the Plans. Vyeekt Pro ress Meetin s The Consultant shall conduct weekly progress meeting with the City,Contractor,and Utility Companies to review progress,update the project schedule,resolve conflicts,and determine any corrective actions if necessary,The Consultant shall assist the Contractor in communicating upcoming construction activities with the adjacent businesses and property owners, ~udrd c e The Consultant shall continue coordination,if necessary,for utility companies unable to relocate prior to the commencement of construction.This task will include the coordination of any utilities that were not identified prior to construction. Pa Re uests and Chan e Order Pre aration The Consultant shall prepare contractor pay requests and issue necessary interpretations and clarifications of the Plans,and in connection therewith,prepare change orders as required. Final Ins ections and Pro'ect Close-Out The Consultant shall conduct an inspection in the company of the City to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable. The Consultant may recommend,in writing,final payment to the Contractor and may give written notice to the City and the Contractor that the work is acceptable.This task will also include assembling final project documentation,certifications,and attendance at the project audits. ~Rd C This task consists of preparation of construction record drawings defining the actual location of improvements and fixtures.The Consultant shall prepare record drawings showing those changes made during construction,based on the marked-up drawings and other data furnished by the Contractor and the Resident Construction Observer.The Consultant shall provide the City with one (1)reproducible copy of the record drawings. The above Construction Administration Services is for 2017 Calendar Year only and includes a maximum of 560 hours of effort.In the event the construction period exceeds the contract working day or unanticipated conditions require Construction Administration in excess of 560 hours of effort,the Consultant shall notify the City as it approaches this limit and determine the additional effort to complete the project.The Consultant and City shall work to develop a mutual resolution for the remaining effort. B.RESIDENT ENGINEERING/OBSERVATION Only upon written authorization to proceed by the City to the Consultant,the work to be performed under this phase of the Project shall include frequent resident observation of the construction work in addition to that included under Construction Administration.The Consultant shall determine the amounts owing to the Contractor and recommend,in writing,payments to the Contractor in such amounts.Such recommendations of payment will constitute a representation Page 20 of 24 Foth infrastructure tt Environment,LLC Project No 16W021.01 June 20,2016 SE airces Road,Phase 4 Waukee,towa City Protect No to the City,based on such observations and review that the work progressed to the point indicated,and that to the best of the Consultant's knowledge,information,and belief,quality of such work is generally in accordance with the Plans.In the case of unit-price work,the Consultant's recommendation of payment will include final determinations of the quantities and classifications of such work. This phase consists of coordinating field-testing of construction materials incorporated into the project with the City's independent testing consultant.Prepare written reports that document compliance or non-compliance of construction materials,Also included is observing the performance of construction work and advising the Contractor and the City of non-complying work or materials incorporated into the project. The Consultant will also record survey data on installed underground utilities as allowed by the Contractor's schedule. The above Resident Engineering/Observation estimate includes a maximum of 4 250 hours of effort.In the event the Construction Period exceeds the contract working days or unanticipated conditions require Resident Engineering/Observation in excess of 4 2SO hours of effort for 2017, the Consultant shall notify the City as it approaches this limit and determine the additional effort to complete the project.The Consultant and City shall work to develop a mutual resolution for the remaining effort. C.POST-CONSTRUCTION AUDITS The Consultant will perform the necessary audits and paperwork as required by an iowa Department of Transportation let project with federal funding. Page 21 of 24 Foth Infrastructure &Environmont,LLC Proiect No.1SW021 01 June 20,2010 SE Attces Road,Phase 4 Waukee,lowe City Project No. PROJECT DELIVERABLES The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of lhe City: ~Concept Statement s Preliminary Design Plans e Pre-Final (Check)Plans e Geotechnicai Report ~Final Plans ~Temporary Easement Plats ~Easement Establishment and Documentation ~Project Development Certificate ADDITIONAL SERVICES." Additional Services are not included in this Agreement.If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1.)Environmental Evaluation and Documentation 2.)Historical and Archeological Preservation Investigations (Section 106) 3.)Contaminated Soils Investigations ok)Wetland Mitigation 5.)Streetscape Design 6.)Subsurface Utility Investigations 7.)Real Estate Condemnation Services CITY'S RESPONSIBILITIES: The City shall provide the following: 1.Provide existing utility plans and studies. 2.Provide existing street and utility plans/record drawings and utility maps for the project area. 3.Provide existing topographic base mapping,aerial photo images and other available electronic files pertinent to the Project. Page 22 of 24 Fotn Infrastructure 6 Envtronment,I.LC Project No.16W021.01 June 20,2016 ATTACHMENT 2 SCHEDULE SE Akces Road Waukee,lowe Ctty Project No. The Consultant shall complete the following phases of the Project in accordance with the schedule shown;assuming notice to process is issued by the City on or before June 20,2016. Public and Agency Coordination e Project Management Team (PMT)Meetings e Individual Stakeholder Meetings e Public Information Meetings ~Council Iiork Sessions June 2016 —October 2016 June 2016 —September 2016 July 2016 &September 2016 (2 meetings) July 2016,October 2016 &December 2016 (3 meetings) Design and Plan Production ~Concept Statement ~Preliminary Plans ~Check Plans ~Permanent Easement Finalization ~Final Plans and Project Development Certificate ~Project Letting July 12,2016 (Completed and Submitted) August 16,2016 September 27,2016 September 27,2016 October 8,2016 January 18,2017 Page 23 of 24 Foth infrastructure &Environment LLC Proiect No 16W02'i.01 June 20,2016 SE Ahces Road,Phase 4 Waukee,lowe City Project No. ATTACHMENT 3 SCHEOULE OF FEES FOTH INFRASTRUCTURE AND ENVIRONMENT,L.L.C 2016 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE Project Director Project Manager Project Scientist Project Advisor Lead Engineer Project Engineer Staff Engineer Lead Technician Engineering Technician CAD Technician Construction Manager Lead Field Technician Field Technician Land Surveyor Administrative Assistant $184.00 $153.00-$179.00 $163.00 $164.00 $167.00 $128.00-$153.00 $106.00-$125.00 $127.00 $98.00-$119.00 $85.00 $145.00 $119.00 $69.00-$104.00 $149.00 $60.00 REIMBURSABLE EXPENSES 1.All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2.Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal Revenue Service.Service vehicle mileage will be reimbursed on the basis of $0.72 per mile. 3.Charges for outside services such as soils and materials testing,fiscal,legal will be billed at their invoice cost plus 15%. 4.All other direct expenses will be invoiced at cost plus 10%. ADJUSTMENTS TO FEE SCHEDULE 1.Fee schedule effective January 1,2016.Rates subject to change annually on January 1. Page 2 of 24