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HomeMy WebLinkAbout2017-02-21-Resolutions 17-112_Alice's Rd Corridor Phase 5 - Engineering AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 17-112 APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH FOTH INFRASTRUCTURE dt ENVIRONMENT,LLC [RECONSTRUCTION DESIGN SERVICES,SK ALICE'S ROAD FROM NORTH OF OLSON DRIVE TO NORTH OF HICKMAN ROAD (PHASE 5)] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF IYAUI EE,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 Olson Drive to north of Hickman Road,a project also known as Alice's Road Improvements,Phase 5;AND, WHEREAS,the engineering services agreement has been reviewed and approved by the Waukee City Attorney. NOW THEREFORE BK IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services with Foth Infrastructure k,Environment,LLC [Reconstruction Design Services,SE Alice's Road from North of Olson Drive to North of Hickman Road (Phase 5)],attached hereto as Exhibit A,is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved e 21"day of February,2017. Wil m P ar,May r Attest Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X ABSENT ABSTAIN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICFS Reconstruction Design Services SE Alices Road —North of Olson Drive to North of Hickman Road (Phase 5) Waukee City Project No. This Agreement is made and entered into this PJ~day of 5(tt,2017,by and between the CITY OF WAUKEE,a municipal corporation,hereinafter referre(I 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 Iowa,party of the second part,hereinafter referred to as *'Consultant'*as follows: THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THE PROJECT AS DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATION FOR THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT. 1.SCOPE OF SERVICES Sei vices provided under this Agreranent sliall be as further described in Attachnient 1.Scope of Services 2.SCHEDULE The schedule of the professional seivices to be pertormed shall confonrf to thc Schedule set forth m Attachntcnt 2.Any deviations from the Schedule shall be approved by the authorized City representative.The City agrees that t'he Consultant is not responsible for delays arising fi'om a change in the scope of services,a change in the scale of the Project or delays resulting fiom causes not directly or indirectly related to the actions of the Consultant. 3.COMPENSATION A.In consideration of the prolessional services provided herein,the City agrees to pay the Consultant the follovnng sum NOT-TO-EXCFED,including any authorized reimbursable expenses.pursuant to the Schedule of Fees set forth in Attacluuent 3. I.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 Subtotal —Basic Sefvices II.Environmental Services A.Wetland &WUS Delineation Addendum B.Mitigation Plan &Section 404 Permit C.Altemativcs Analysis D.Threatened &Endangered Species Evaluation E.Phase I Cultural Resource Sun ey Subtotal —Environmental Services $95,000 $80,000 $255,000 $400,000 $40,000 $125 000 $995,000 $2,300 $6,000 $6,000 $3,800 ~5300 $23,400 Page 1 of 33 Foth Infrastructure 8 Environment,LLC Project No 16W047 Qt November 21,2016 SE Atices Road,Phase 5 Waukee,iowa City Project No. III.Construction Services A.Construction Administralion B.Resident Engineering/Observation C.Post-Constmction Services Subtotal —Consttiiction Services $90,000 $600,000 $35 000 $725,000 Total Compensation $1,743,400 B.Thc Consultant shall invoice the City monthly for services,any reimbursable expenses and any approved amendmenls to this Agreement.based upon services actually completed at flic time of the invoice.Final payment shall be due and payable ivithin 30 days of the City's acceptance of Consultant's submission of lmal dcliverables in accordance with the Scope of'Senrices. In consideration of lhe compensation paid io the CO115ultalit,the Consultant agrccs to perform all professional services to the satisfaction of the City by pmformm the professional sctvices in a manner consistent with that degree of care and skill ordinanly exercised by members of Consultant's profession currently practicuig under similar circumstances.If the perfol111rulce of this Agreement imiolves thc services of others or the funiishing of equipment.supplies.or materials,the Consultant agrees to pay for the same in I'ull. 4.INSURANCE 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 po1icies. Consultant shall provide insurance coverage for and on behalf of Consultant that ivill sufficiently protect Collsull'alit or Consultant'representative(s)in connection with the professional services 1vhich arc to be provided by C'onsultant pursuant to this Agreement, including protection I'rom claims for bodily injury,death,propet1y damage,and Inst uicome.Consultant shall provide worker's conipmisation insurance coverage for Consultant and all Consultant's personnel.Consultant shall file applicablc insurance cei1ificates with the City,and shall also provide evidetlce of the following additional coverage. The Consultant shall provide evidence of comprehensive general liability covcragc and contractual liability insurance by an insu!'ance company licensed to do business in thc State of Iowa m the linrils of at least $1,000,000 each pel'soilal injury accident and/or death; $1,000,000 general aggrregatc personal injury and/or death.rnid $1,000,000 for each property damage accident.The evidence shall designate the City as an additional insured, Fnitl that it cannot bc canceled or nlaterially altered without giving the City at least thirty (30)days lvriitcn notice by registered mail.return receipt rcquesicd. C.The Consultant shall also provide evidence of'automobile liability covcragc in thc limits of at least $1.000,000 bodily injury and propctry damage combined.The evidence shall designate the City rts an additional insured,and that it cannot bc canccllcd or materially altcrcd vvitjtottt giving thc City ai least ihirty (30)days ivriticn notice by rcgistercd mail, rctuni receipt rcqucsted. Page 2 of 33 Foth Infrastructure &Environment,LLC Project No.16W047.01 November 21,2016 SE Alices Road,Phase 5 Waukee,lowe City Project No D.The Consultant shall provide evidcncc ol professional liability insurance,by an insurance company licensed to do business in the State of Iovra.in the limit of $1.000,000 for claims arisin out of the professional liability of the Consuliant.Cot'itiult'lilt sl'iiill pl'ovldc City wnttcn notice within live (S)clays by registered mail.return receipt requested ol'the cancellation or material alteration of the professional liability policy. E.Failure ol'C&)nsultant to maintain any of the insurance covcrages set forth above shall constitute a maternal brcach of ibis Agrecmcnt. NOTICE Any notice to the parties required under this agreement shall be in writmg,delivered to the person designated belovv,by United Slates mail or in hand delivery,at thc indicated tuldress unless otherwise dcsiginatcd in ivriting. FOR THE CITY:FOR THE CONSULTANT: Name:Cit of Waukee Attn:John Gibson Title:Director of Public Works Address:230 W.Hickman Road City,State:Waukee IA 50263 Nfnne: Attn: Title: Address: City,State Foth Infrasttucture and Environment Patrick P.Kueter P.E Client Director 8191 Birchwood Court Suite L Johnston IA 50131 GENERAL COMPLIANCE In thc conduct of the professional services contemplated hereunder.thc Consultant sh&111 comply with applicable state,fcdcral,and local lavv.mles,and regulations,technical st'ral'ltlards,or specifications issued by the City.Consuhilni must qualify for and obtain any required licenses prior to commenccnicnt ot'worl&.including any prot'essional lictuises necessary to perform vvnrk ivithin the State of Iowa. STANDARD OF CARE Services provided by thc Consultant under this Arrreement shall be perfomied in a manner consistent ivith that degree of care and skill ordinarily exercised by members of the same profession currently pra&:tieing under siniilar circumstances. INDEPENDENT CONTRACTOR Consultant understands and agrees that the Consultant and Consultant's cmployccs and representatives are not City employees.Consultant shall bc soli:ly responsible for payment ol' salaries,v;ages,payroll taxes,unemployment bcncttts,or any other form of compensation or benefit to Consulttuit or Consultant's employees,reprcscntativcs or other personnel performing the professional services spccificd herein.whether it bc of a dircci or indirect nature.Further,it is expressly understood and agreed thai for such purposes ncithcr Consultant nor Consultant's employccs,representatives or other personnel shall be entitled to any City payroll,insurance,uncmploymcnt.worker's compensation.rcurcmcnt,or any other bcncfits ivhatsocver. Page 3 of 33 Foth infrastructure &Environment,LLC Project No.16W047.01 November 21,2016 SE Altces Road,Phase 5 Waukee,iowa City Prolect No. 9.NON-DISCRIMINATION Consultant will not discriminate against Silly employee of applicant for enq&loylnenl because of lace,colol,sex.national origin.religion,a&re.handicap.or veteran status.Consultant vrill, where appropriate or required.take affirinative action to ensure that applicants &are employed. and that employees are il'eated,during employment.Ivithout regard io their race,color,sex& or national origin,religion.agc,handicap,or veteran status Consultant will cooperate with the City in using Consultant's best effoi2s to cnsurc that Disadvantaged Business L'nteqlrises are afforded the maximum opportunity to conipete for subcontracts ol'work under this Agreement. 10.HOLD HARMLESS Consultant a&rces to indmnnify and hold harmless the City,its officers,agents,and employees 11rom any and all claims,settlcmcnts and judgments,to inchldc all reasonable investigative fees.attorney's fees,and ctlurt costs t'or any danlage or loss which is due to or arises lrom a bl'each of 'this Agl'eenlent&or flout negligent acts.CITOIS ol'onlissions ln thc performance of professional setwiccs under this Agreement and those of its sub consuhants or anyone for v,horn Consultant is legally liable. 11.ASSIGNMENT Consultant shall not assi&rn or otherwise transfer this Agrecmcnt or any right or obligations therein without first receiving prior written consent of the City, I 2.APPROPRIATION OF FUNDS Thc funds appropriated for this Agreement arc equal to or exceed the compensation to bc paid to Consultant.'fhe City's continuing obligalions under this Agreement I'Ilay be subject to appropriation of funding by the City Council.In the event ihat sufficient funding is not appropriated in whole or in part for contimlcd performance of thc City's obligations under this Agrecmcnt,or if appropriated funding is not expended due [o City spending limitations, the City may teiminate this Agreement without further compensation to the ConsultanL To the greatest extent allowed by law,the City shall compensate Consultant as provided m Section Ig(A)of this Agreement. 13.AUTHORIZED AMENDMENTS TO AGREEMENT A.Thc Consultant and the Cily acknoivledge and agree that no amendment to this Agreement or other fortll&order or directive may bc issued by the City which requires additional compcnsablc work to bc perfoibmed if such worl&cruises the aggregate amount payable under the amendment,order or directive to exceed thc amount appropriated for this Agrefnncnt as listed in Section 3,above,unless the Consultant has been given a written assurance by the City that lawful appropriation to cover thc costs of thc additional v'ork has bccn RIr'ldc. Page 4 of 33 Foth Infrastructure ik Environment,LLC Protect No.16W047.01 November 21,2016 SE Ahces Road,Phase 5 Waukee,iowa City Project No. 13.The Consult&a&t and the City further acknowledge and agree that no amcndmcnt to this Agrcemcnt or other form,orduu or directive which requires additional compcn&sable work to be performed under this Agreement shall be issued by the City unless funds are availablc to pay such additional costs,and thc Consultant shall noi be entitled to any additional compensation for any additional cong&ensable v ork performed under this Agreement.The Consultant cxprcssly waivcs imy right to additional con&pensation.whether in law or equity,unless pnor to commencingr the additional work the Consultant ivas given a ivritten amendmcnt.order or directive describing the additional compensablc &vork to bc perl'ormcd anil setting I'oi'th ihc ainouni of compensation to be paid,such amendment,order or directive to be signed by thc authorized City rcprescntative,Ii is the I'onsultanps sole responsibility to knovv.determine,at&d riscertain ihe 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 Agrccmcnt shall become the property of thc 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 thc services of the Consultant.All drav ings and data shall be transmitted in a durable n&aterial, with electronic files provided when feasible to do so.The Consultant's liability for usc of thc sketches,tracings.plans,specifications,reports,and other data prepared under this Agrecmcnt shall bc limited to the Project. 15.INTERPRETATION No amendment or modification of this Agreemcnt shall be valid unless expressed in ivriting and executed by the parties hereto in the sal&1e i&laililei'rls ihe execution of the Arrreement. This is a completely integratccl Agreement and contains the entire agrecincnt of the parties. any prtor written or oral agi&cemcnts shall he of no force or effect and shall not be bmding upon either party.The laws of the State ot'Iowa shall govern and any judicial action under the tet&us of'this Agreen&ent shall be exclusively within the jurisdiction of the district court for Dallas County,Iowa. 16.COMPLIANCE WITH FEDERAL LAW To the extent any federal appropriation has or will be provided for the Project,or any federal requircmcnt is imposed on the Project,Consultant agrees that Consultant will comply with all relevant laws,mles 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 cmploycc working for thc Consultant.to solicit or secure this Agrccmcnt. and thai the Consultant has not paid or agreed to pay any company or person other that'I 6 bona tide cmploycc,any fee,commission,pcrccntagc,brokerage fcc,gift or contingent fcc. B,Thc Consultant shall not engage ihe services of any person or persons in ihc employ of thc City at thc time of commencing such services without the ivrtucn conscn&t of thc City. Page 5 of 33 Poth infrastructure 6 Environment,LLC Protect No 16W047.01 November 21,2016 SE Alices Road,Phase 5 Waukee,iowa City Project No. 18.SUSPFNSION AND TFRMINATION OF AGREEMENT A.Thc right is reserved by thc City to suspend this Agrccment at tusy time.Such suspension may be effected by the City giving written notice to the Consultant,and shall be effective as of thc date established in the suspension notice Payment lor Consultant's services shall bc made by the City for scrviccs per formed to thc date established in the suspension notice Should the City reinstate the v:orle after notice of suspension,such reinstatcmintt may be accomplished by thirty (30)days written notice within a period of six (0)months after such suspension,unless this period is extended by written consent of the Consultaut. I3.Upon tm1 (10)days written notice to thc Consultant.thc City may terminate thc 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 intcrcst to complete thc Agremnent,In such 0;tsc, the Consulttuit sltall have no clainls rlgainst the City except for the vahie of the work performed up to the date the Agreement is terminated. C.The City may also terminate this Agreement at any tinte if it is found that the Consultant has violated iuty material term or condition of this Agreement or that Consultant has failed to maintain workers'iximpcnsation insurance or other insurance provided for in this Agremnent.In the event of such default by thc Consultant,thc City may give ten (10)days written notice to the Consultant of the City's intent to temsinate the Agreenfent.Consultant sh'rill have tm1 (10)davs from notification to remedy thc conditions constituting thc default. D.In the event that this Agreement is terminated ill rlccoldance with PrlldgraPh C of fills section,the City may take possession of any work and may complete any work by whatever means the City may select.The cost ot'completing s&aid work shall be deducted from the balance which tvould have been duc to thc Consultant had thc Agrcemcnt not bccn 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 tenn or condition of this Agreement.In the event of such default by thc City,thc Consultant shall give ten (10)days written notice to the City of the Consultant'6 intent to terminate thc Agrccmcnt,City shall have ten (10)days I'rom notigcation to rcntedy thc conc!itions constituting the default. 19.TAXES Thc Consultant shall pay all sales and use taxes required to bc paid to thc State of Iowa on the work covered by this Agreement.The Consultant shall execute and deliver and sltall cause any sub-consultant or subcontractor to cxccutc and deliver to thc City certificates as required to permit thc City to make application for refunds of said sales and usc taxes as applicahlc.The City is a municipal corporation and not subject to state and local tax.use tax, or I'cdm al cxcisc taxes. 20.SEVERABILITY If any portion of this Agrccmcnt is held invalid oi uncnforccablc by 0 court ot'compctcnt jurtsdictiotb the remaining portions ol'this Agremuent shall continue in I'ull 1'orce and elfect, Page 6 of 33 Foth Infrastructure 8 Environment,LLC Project No.I 6W047 01 November 21,2016 SE Alrces Road,Phase 5 Waukee,Iowa City Proiect No 21.MISCELLANEOUS HEADINGS Title to articles.paragraphs,and subparairraphs 'tre Ior information putposes (mly and shall not bc considered a substantive part of this Agrecmcnt. 22.FURTHER ASSURANCES Each party hereby agrees to cxccuiL'slid delivi:I'sucli additional instrnmcnls and docutrtents and to take all such other action as the other party may reasonably request from time to time in ordel to effect the provisions and purposes of this A«rcemcm. 23.COUNTERPARTS This Agreement may be executed in any number of countetIIarts.each of which shrall constitute an original document.no other counterpari needing to be prodnced,and all of which when iaken together shall constitute (lie srlnlc his'tluilicnl.. IN WITNESS WHEREOF,the patties 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 Name:Patrick P.Kueter Title:Client Director BY; Nam:William F.Peard Title:M~aor WITNESS ATTEST Name:Dou las Emst P.E. Title:Pro'ect Director Name:le@ Tide; Page 7 of 33 Foth Infrastructure 6 Environment,LLC Project No.16W04X01 November 21,2016 SE Aiices Road,Phase 5 Waukee,lowe City Proiect 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 io complete analysis and design for the project. The project consists of street reconstruction of Alices Road from north of Olson Drive to north of Hickman Road in trVaukcc,Iowa.The Consultant will complete public engagement activities, environmental clearance activities,concept statement preparation,additional survey tuid mapping,preliminary design,final design,real estate services and construction phase administration and observation.Setvices will also include traffic signal design,interconnect layout,sanitary sewer and water main adjustments and continued utility coordination.This scope of seivices is based on the following project assumptions: ~The project involves reconsttuction of Alices Road fi'om approximately 450'north of Olson Drive to approximately 1,500'north of Hickman Road,about 4,000 LF in length, ~The project involves widening of Hickman Road to the south to include dual left tinning movements in the east and westbound direction,about 2,600 LF in length. ~Traffic signal modification at Hickman Road and Alices Road. ~The Consultant shall provide design services and deliverables as necessitated by an iowa Department of Transportation letting on January 17,2018. The scope of services to be perfomted 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 finnish 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 tik CONCEPT STATEMENT Task 1 -Project Kickoff Meetings The Consultant shall conduct Lean Project Delivery iILPD)kick-off events with the project team prior to preliminary design commencement and prior to final design efforts.The evtnits 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 bc used to update the entire team on thc progress ol project milestone/dclivcrablcs,individual team meniber task completion and to facilitate the overall team collaboration. Page 6 of 33 Foth Infrastructure 6 Environment,LLC Project No.16W04X01 November 21,2016 SE Altces Road,Phase 5 Waukee,lowe City Project No Task 2 —Maintain and Update Project Mailing List The Consultant will maintain the project mailing list and update ii as needed to include all local officials,agencies and interested parties.The City will provide the initial list of interesied parties. Task 3 —Public Information Meetings The Consultant will conduct three (3)public informational meetings that will be attended by a minimum of tluee (3)staff members ol'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 materials and hand out information for the meeting.The reseiving of the meeting facility 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 seventeen (17)propetty 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 propetxy.The meeting will include exhibits and an active discussion including any concerns.This task includes initial contact with the propctty 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 putItoses,it is anticipated that there will be two (2)meetings with each utility conipany.These meetings may be face-to-face, over the phone or through entail exchanges and include design reviews.Additionally,one (I)field meeting will be held with each utility company during utility relocation prior to roadway construction. Task 6 —Periodic Meetings with Local Elected Officials Infoimational update presentations will be provided to the City Council on an as needed basis during the design development process.The presentations will provide an introduction/oven iew 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 putposes,it is assumed that the Consultant will attend four (4)meetings. Task 7 —Exhibit Preparation for Council Meetings Exhibits for thc design development will consist of aerial mosaics for the project with the major project features indicated on thc aerial photograph.1ncludc 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 improvcmcnts. Page 9 of 33 Foth tnfrastructure &Environment,LLC Project No.16W047.01 November 21,2016 SE Altces Road,Phase 5 Waukee,Iowa City Protect No. Task g —Environmental Services Coordination The Consultant will meet with the City and/or the USACE to review progress and to discuss specific elements of thc project.Fees are based on two meetings occurring in the Des Moines metropolitan area.For budgetary puiposes,it is assumed that the meetings will be attended by two staff members. Additional fees may be incurred for meetings requiring field investigation and/or travel to the USACE office in Rock Island,Illinois and are included in this Scope of Services. Task 9 —Concept Statement The Consultant will prepare thc Concept Statement as required by the Iowa Department of Transportation.This task includes the completion of the following items: ~Form 517001,Concept Stateinent for Local Systems Federal Aid Projects,7 pages ~Form 517006,Enviroiunental Data Sheet for Local Systems Federal-Aid Projects,2 pages ~Form 760005,Deteimination of Effect for Threatened Ec Endnagered Species for Local Public Agencies,I page ~Photos of Project Con idor„to aid the environmental aspects of the Concept Statement ~Location Map This task includes the submission of the Concept Statement and one (I)revision requested by Iowa DOT. S.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 I —Additional Survey and Project Sase Map Update The Consultant will obtain additional or changed control,topography,utility infomiation, and property owner information to supplement the original Design Survey. Task 2 —Preparation of Plats The Consultant shall prepare acquisition plats and legal descriptions for property to be acquired and needed for construction easements for the project.For estimating purposes, it assumed that six (6)appraisals for acquisitions and fourteen (14)temporary construction easements will be needed for this project.The Consultant will retain the services of A&R Land Services,Inc.(ARLS)to provide the remaining Real Estate Scrviccs required for the project as detailed later in this proposal. Individual plats and legal descriptions will be prepared for each parcel.The legal descriptions shall bc mctcs /k bounds descriptions.The plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under thc direct Page 10 of 33 Foth infrastructure &Environment,LLC Project No 16W047.01 November 21,2016 SE Ahces Road,Phase 5 Waukee,iowa City Project No. supervision of a duly licensed land surveyor under the laws of the State of Iowa.The plats shall also be completed in accordance with the City of Waukee requirements. The following table summarizes the anticipated project right-of-way acquisitions and easements,for which this scope of service task has been developed: No. 10 12 13 14 Parcel Name &Address Etzel,Robert F Living Trust Hurd Waukee LLC University of Iowa Community Credit Union 1085 Hickman Road I-ly-Vee,Inc Continental 296 Fund LLC 500 NW Horizon Drive BDL Properties,Inc. 495 SE Alices Road EAAI Holdings,LLC 1100 SE Westbrooke BDL Properties,Inc. 475 SE Alices Road BDL Propeities,Inc. 465 SE Alices Road JRC Investments,LLC 355 SE Alices Road Penta Partners LLC 16195 Laurel Street Atlantic Bottling Company 16200 Hickman Road Wright Tree Service,Inc Wright Tree Service,Inc. 2870 W Avenue Totals Appraisal Fee-Title ROW Temporary Easements (TE) 14 Task 3 —Preparation of Easements for MidAmerican Energy The Consultant shall prepare acquisition plats and legal descriptions for MidAmerican Energy's kIigh Voltage Transmission power line parallel to the project.For estimating pmposes,it is assumed that one (I)easement will be needed for this project. The legal descriptions shall bc metes &bounds descriptions,Thc 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 thc State Page 11 of 33 Foth Infrastructure &Environment,LLC Project No.16WOSX01 November 21,2016 SE Alices Road,Phase 5 Waukee,iowa City Project No of iowa.The plat shall also bc completed in accordance with the City of Waukee requireinents. 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 lilies locatloiis. Task 4 —Soil-Boring Location Surveys Perform soil-boring location sutveys to establish location and elevation of proposed geotechnical investigations consisting of approximately 5 soil borings. Task 5 —Utility Relocation Staking Perforin 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 effot3 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 propetty lines locations.For the purpose of this agreement,all permanent and temporary easements will be staked one (1)time. C.PRELIMINARY DESIGN AND PLANS The Consultant will perform preliminary design senices with the primary focus on geometric plans and profiles,existing and proposed utility locations and right-of-way requirements.The preparation of the preliminary design plans will depict the proposed grading,drainage,paving,signing,utility relocation,traftic control and other features of the project. The work to be performed by the Consultant under the Preliminary Design and Plans phase will consist of the following tasks:plans will include but not be limited to the following tasks: Task I —Develop Design Criteria The Consultant v ill develop and coordinate with the City design criteria to be used in the development of the project improvements.Criteria will confomi to the City,Iowa Department of Transportation,Stateside Urban Design and Specifications (SUDAS),and AASHTO Standards and will be in English units.The criteria to be established include; e Functional Classification and Design Type ~Design Speed and Regulatory Speed ~Design Vehicles for Intersection Design ~Widths of travel lanes,shoulders,turn lanes,bicycle lanes,trails and right-of-way ~Preferred Clear Zone/Acceptable Clear Zone Page 12 of 33 Foth Infrastructure &Environment,LLC Project No.16W047.01 November 21,2016 SE Alices Road,Phase 5 Waukee,Iowa City Protect No. ~Street Lighting Standards ~Storm Drain Standards and Requirements Documentation of the criteria will be prepared and updated as needed. Task Z —Develop Intersection Geometries Truck Turning Movements and Exhibit Turning templates and sol'tware will be utilized to model how all allowed vehicles will navigate the comdor as well as to/from the corridor from streets and accesses.An exhibit will be produced to document these movemcnts and their functionality in the cot3idor. Task 3 —Preliminary Design and Plan Preparation Upon completion of thc preliminary plans,the design plans will bc approxintatcly 60 percent complete.The work to be performed by the Consuhant under Preliminaiy 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. Preliminai T ical Sections B Sheets Typical sections will be developed for the mainline street improvements.The typical sections will reflect lane widths,curb section and type,sidewalk widths,trail widths,right- of-way widths,pavement types and clear zones.This task does not include pavement and subgrade design. This task also includes identifying the pottmtial storm sewer,water main and other utility locations in the development of the typical sections.The scope of setvices for this task does not include design calculations and capacity analysis for storm sewer,water mains or sanitary sewer. This task also consists of drafting typical cross sections and standard details to be utilized for the improvements. Plan and Profiles D and E Sheets Prelintinary roadway geometries,connecting roadway geometries and pedestrian facility geometries will be developed for the project based on sun ey centerline establishment, preferred alternative conceptual gcomctrics and approved Iowa DOT design criteria. Utilizing the preliminary geometries,the horizontal aligmuents and vertical profiles for the mainline,connecting roadways and pedestrian facilitics will bc developed.The alignments and profllcs will be based on thc established design criteria. This task also consists of the development of preliminary plan and profile shccts that will show the existing topography along with the proposed improvements.Proposed Right-of- Way and Construction Easement limits based on the catch point lines for all roadways and Page 13 of 33 Foth infrastructure &Environment,LLC Protect No.16W047 01 November 21,2016 SE Ahces Road,Phase 5 Waukee,iowa City Project No. pedestrian facilities 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 A preliminary traffic control concept will be developed to indicate how the project will generally be constructed as well as maintenance of traffic through constmction.The staging plan will consider all eleinents of constniction including roadway,side roads, driveways,storm sewer,utility improvements and property access. This task also consists of the development of sheets reflecting the staging plrui for inclusion in the preliminary plan set.For estimating puiposes,it is assumed that the roadway will maintain a minimum of 2-lane traffic (l-lane in each direction)during construction. This task also includes the preliminaiy development of pavement markings and traffic signing plans to be placed into service following construction.Tlie traffic control devices, procedures,and layouts shall be as per the Manual on Unifoim Traffic Control Devices (MUTCD). Storm Draina e Desi n M Sheets Existing hydrologic and hydraulic conditions will be inventoried and impacts of the proposed system analyzed area-wide.Once the impacts have been quantified,the prelinflnary storm sewer layout will be developed and sizing based on proposed improvements and existing drainage patterns utilizing Chapter 2 of the SUDAS Design Manual.Resolve potential conflicts with underground utilities and other design elements. Vertical Profiles are not developed as part of this task,The layout will be included in the plan view of the mainline plan and profile sheets. Potential conflicts with underground utilities should be resolved at this time. Traffic Si nal Desi n N Sheets This task consists of preliminary traffic signal modification and new layouts for the following intersections: Petmanent Traffic Si als: ~Alices Road and Laurel Street ~Alices Road and Hickman 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 thc interconnect layout. Page 14 of 33 Foth Infrastructure &Environment,LLC Project No.16WOrt7.01 November 21,2016 SE Aftces Road,Phase 5 Waukee,lowe City Project No. Sidewalk Plan S Sheets Develop preliminary curb ramp layout and accessible curb ramp design in accordance with Chapter 12 of Iowa SUDAS Design Manual.Design ramp geometric configurations alternatives,identify surface requirement,review general horizontal curb openings,cross slopes,mnning slope,and identify sidewalk width and passing space within the corridor. Prelimina 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 100-foot maximum intervals,with additional cross-sections included as necessary.Cross sections will show thc centerline,the existing ground elevations as well as the final project grading,fore slope and back slope infotmation, special sub-grade treatments,ditches,pavement replacement,and other pertinent lnfolmatloll. Task 4 -Preliminary Field Review A field reviev,will be held with the Project Development Team to discuss key issues and design concepts,including drainage,access control,traffic control/stage constiuction 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 5 —Geotechnlcal Exploration and Analyses (Allender Butzke Engineers,Inc.) Complete geotechnical exploration along the project conidor 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 tor the project.The task involves completing six (6)borings and two (2)existing pavement cores.The borings and cores will be 15 to 20-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 Iowa One Call.The backfilling of the boreholes will be perfomted following the pavement and/or soil borings. This subsurface exploration will include laboratory testing,engineenng 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 soll stratification based on visual soil classification ~Summarized laboratory data on thc boring logs ~Groundwater Icvcls observed during and shortly after completion of drilling ~Boring location diagram Page 15 of 33 Fottr infrastructure fs Environment,LLC Project No.16W04X01 November 21,2016 SE Altces Road,Phase 5 Waukee,iowa City Project No. ~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) ~Earthwork consttltction ~Expansive soil design considerations,if applicable ~Cut and fill construction ~Excavation and backfill ~Site preparation,including the suitability of the existing on-site soils for use as structural till ~Subsurface drainage recommendations ~Subgrade preparation recommendations for grade supported pavements ~Minimum Portland Cement Concrete pavement thicknesses. The scope of setn ices does not include side streets,which can be incorporated by contract amendment upon the request of the City. Task 6 —Quality Control Ongoing quality control input from the Project Team and the design engineer*s senior technical staff will occur throughout the development of preliminaty 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 consttltctability and conformance with the project design criteria. Task 7 —Preliminary Opinion of Probable Cost A preliminary opinion of probable construction cost for the project will be prepared. Preliminary cost estimates will be based on representative major project elements and recent bid information.Detailed quantity takeoffs will not be developed for the preliminary cost estimate and at times,percentages of overall budgeted cost may be utilized to develop the estimate, Task 8 —Budget Review Using the Opinion of Probable Cost,the Consultant shall,if necessary,make reconunendations pertaining to modifications in the Project in order to address budgetary concerns. Task 9 —Monthly Project Status Meetings It is estiinatcd that the Consultant's staff will attend three (3)meetings with the City,and others to review progress,assist in decision-nlaking,and receive direction from the City. It is understood by the parties that the Consultant will attend additional meetings as needed to coillplc'tc tlic Project. Page 16 of 33 Foth Infrastructure 8 Environment,LLC Project No 16W04701 November 21,2016 SE Alices Road Phase 5 Waukee,lowe City Protect No Task 10 —Acquisition Determination Identification of permanent right-of-way and permanent/temporary easement needs will be determined based on the preliminary design development.The requirements will take into consideration the proposed improvements,utilities,construction staging and access,utility relocation and other critical construction elements. Task 11 —Preparation of Right-of-Way Exhibits The Consultant shall prepare an exhibit that clearly and distinctly show impacts to propertie to inform the City of the project impacts. Task 12 —Preparation of Exhibits for Individual Property Owner Discussions The Consultant shall prepare exhibits that clearly and distinctly show impacts to properties to use during discussions with property owners. Task 13 —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 tlu ough their electronic system. Task 14 —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. D.PRE-FINAL (CHECK)DESIGN AND PLANS Based upon approved preliniinary design,field revievr,and the 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 Iowa DOT and Waukee Comments from Preliminary Plan Review The Consultant will respond to comments resulting from the preliminary plan revieyv and field review.Recommended niodifications will be incorporated into the plan set,The Consultant will revise preliminary construction plans and special provisions to incorporate appl upi'tate col'lllileirts. Task 2 —Pre-Final (Check)Design and Plan Preparation The Consultant shall provide thc following dclivcrablcs: Page 17 of 33 Poth infrastructure 8 Environment,LLC Project No.16W047 01 November 21,2016 SE Altces Road,Phase 5 Waukee,iowa City Protect No. 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. Final uantities 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 infomiation.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 thc 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 Detour/Tem orar Pavement F Sheets This item consists ol'final design and drafting of the detour and temporary pavement plans. Final Surve Reference G Sheets This task consists of assembling reference ties to thc plan control points and the benclmiark data used to develop the plans and to be preserved throughout consttuction of the project. This task also includes preserving any Government Corners that are found in the vicinity of the proposed construction, Ri ht-of-%a H Sheets This item consists of final design and layout of temporary easenients required to construct the project. Final Traffic Control/Sta in Pavement Markin s Traffic Si in I Sheets —This item consists of final design and drafting of thc traffic control,staging and permanent pavement marking plans.It is assunied that the City will install the permanent signing for ihc Project. This task also includes the finalization of the development of pavement markings and traffic signing plans to be placed into service following construction.It is assumed that the City will install the permanent signing for thc Project. Page 18 of 33 Foth Infrastructure &Environment,LLC Protect No 16W047.01 November 21,2016 SE Altces Road,Phase 5 Waukee,lowe City Protect No. The traffic control devices,procedures,and layouts shall be as per the Manual on Unifortu Tratfic Control Devices (MUTCD). Final Geometric Stakin Jointin and Ed e Profiles L Sheets —This item consists ol'the final design and drafting of jointing details,spot elevations,and geometric layouts for all non-typical pavcmcnt areas. Final Desi n of Storm Draina e S stems M Sheets -This item consists of final design rnid drafting of storm sewers,storm sewer inlets,manholes,open ditches,culverts,and other stornt drainage related facilitics for the Project.This item also includes the design and drafting of storm profiles and cross sections. Final Traffic Si nal Desi n N Sheets —This task consists of the final design and drafting of new and modified 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. Final 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,The plans will include general layout features,including pole locations,handholes,transformers and wiring/conduit locations. Final Removal Plan R Sheets -This task consists of fina]design and dratting 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 ot Iowa SUDAS Design Manual.Finalize rainp geometric configurations and calculate horizontal curb openings,cross slopes,running slope,and label sidewalk width and passing space within the corridor. Fmal Tabulation of Eartlmrork 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 tue such items as special grading details,channel grading,culvert details not included in the standard drawings, special stoibm 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. Page 19 of 33 Fottr Infrastructure ii Environment,LLC Project No.16W047.01 November 21,2016 SE Alices Road,Phase 5 Waukee,lowe City Project No. Final Desi n Cross-Sections W 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 maximuni intervals,with additional cross-sections included as necessary. Cross sections will show the existing ground elevations as well as the jmal project grading, including foreslope and backslope infoimation,special sub-grade treatments,ditches, pavement replacement,and other pertinent infoimation. Task 3 —Project Permitting The Consultant will assist the City in preparing applications for permits from governmental authorities that have jurisdiction to approve the design of the project and participate in consultations with such authorities,as necessaiy.The Consultant will prepare the following document for the project: ~IDNR Water Supply Section,Construction Permit Application ~IDNR NPDES Stormwater Discharge Pcfnuit ~Notice of Publication Any fees for construction permits,licenses or other costs associated with permits and approvals will be the responsibility of the City.The Consultant will provide technical criteria,written descriptions and design data for the City's use in filing the applications for permits.The Consultant will prepare the peianit applications and other documentation. Thc VSACE Permit is included with the Environmental Services tasks. Task 4 -Quality Control Involve ongoing quality control input fiom the project Team and the design engineer's senior technical staff throughout thc development of Check Plans.The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to subniittal 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. Task 5 —Opinion of Probable Construction Cost The Consultant shall update a Final Opinion of Probable Consttniction Cost for the project at the time of completion of the Check Plans.Detailed quantity takeoffs will be developed for the opinion of probable cost. 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 thc parties that thc Consultant will attend additional meetings as needed to complete the Project. Page 20 of 33 Folh Infrastructure 6 Environment,LLC Project No.16W047.01 November 21,2016 SE Agces Road,Phase 5 Waukee,towa City Project No. 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.Thc 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 tlnough their electronic system. E.FINAL PLANS The Consultant will coordinate and manage the final project development submittals to the Iowa DOT for the project.The work tasks to be perfoimed or coordinated by the Consultant will include the following: Task I —Incorporate Iowa DOT Comnicnts from Check Plans Submittal The Consultant will respond to comments resulting from the Check Plans review. Recommended moditications will be incorporated into the plan set. Task 2 —Public Interest Finding (PIF)Preparation The Consultant wiH 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 pug&uses, 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 —Final Plan Submittal The Consultant will submit Final Plans and the Project Development Certification. Task 5 —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 6 -Bid Tabs and Award Recommendation The Consultant shaH make tabulations of bid for the Owner,shall advise the Owner on the responsiveness of thc bidders and assist the Owner in making the award of contract, including preparation of necessary contract documents. Page 21 of 33 Foth tnfrastruciure 6 Environment,LLC Protect No 16W047 01 November 21,2016 SE Alrces Road,Ptiase 5 Waukee,iowa City Project No. F.REAL ESTATE SERVICES The Consultant will retain the sct3rices of A&R Land Services.Inc.(ARLS)to provide Real Estate Services required for the project as a Subconsultant to serve as the professional representative for both thc Consultant and the City.The Consultant with the assistance of ARLS,will coordinate and manage thc right-of-way acquisition and temporary easement process as an mtegral part of the management and scheduling of the project.Milestones and critical dates for completion of key cleinents of the right-of-way acquisition process will be identified and made a patt 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 AKLS 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: Task I —Preparation of Parcel Files Parcels will be established based upon unity of ownership,unity of use,and contiguous land.Once thc 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 parcels. The parcel file records shall demonstrate compliance with applicable state/federal laws and requirements.The files shall include the following itcnis: a)All Correspondence b)Title Documents c)Design Summary Information &Plat d)Appraisals and Review Appraisals e)Negotiator's Notes f}Adniinistrative Settlement (if used) g)Copy of Signed Contracts h)Title Opinion i)Conveyance &Closmg Documents j)Relocation Forms (if used) k)Relocation Agent's Notes (if used) 1)Condemnation Documents (if used) m)Right-of-Way Record Checklist Task 2 —Report of Record Ownership and Liens (Title Searches) Thc Subconsultant shall obtain the son ices from an abstract company for the purpose of determining ownership interests(s)and insttumcnts affecting title of land to be acquired in the name of the City. Page 22 of33 Fath Infrastructure &Environment,LLC Project No 16W047.01 November 21,2016 SE Altces Road,Phase 5 Waukee,lowe City Project No. For preliminary land sutvey puq&oses and for preparation of acquisition documents,the abstract company shall deliver a title repott for each parcel aj'fected by the project to provide reasonable assurance of property ownership/interests of the real estate.This title report shall identify all mortgages,the last dccd and casements 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 seventeen (17)parcels in accordance with Iowa Code. Task 3 —Appraisals and Compensation Estimates The Subconsultant shall obtain the services fiom an independent fee appraiser I'or 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 remainder,The appraisals shall be completed using Iowa DOT forms or fortnats acceptable to the Iowa DOT and meet their standards. It is estimated that a value-finding appraisal will be obtained for six (6)properties.In addition,compensation estimates to offer just compensation to acquire minor temporary acquisitions using Iowa DOT forms and standards.It is estimated that a compensation estimate bc prepared for eight (g)properties requiring temporary constmction 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 Negotiations/Acquisitions The Subconsultant shall serve as the Consultant'3 and the City's professional representative for right-of-way negotiations/acquisitions.The Subconsultant shall abide by the provisions of the Iowa 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 fiom each owner of interest.The Subconsultant shall not offer an owner of imerest an amount in excess of the approved appraisal without thc prior approval of thc City. Page 23 of 33 Fath infrastructure &Environment,LLC Project No 16W04X01 November 21,2016 SE Alices Road,Phase 5 Waukee,iowa City Protect No. Upon successful completion of negotiations on a parcel,the Subconsultani shall audit the contract for correctness and verify all appropriate interests were acquired fi.om 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 perfonnance of the closing process.The Subconsultant shall abide by the provisions of Iowa Code Chapter 543B regarding thc requirements of persons who pertorm closings of real estate transactions (including the disclosure of agency provisions).The Subconsultant shall provide proof of valid Iowa licenses and proof of required cnors 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 transniittal letter with the completed parcel file for the closing and payment process to be perfoiimed by the CITY.The CITY shall complete final closing and transfer document recording. 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 Fomi 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. Thc City shall record each document necessary to transfer title. Page 24 of33 Foth Infrastructure tk Environment,LLC Project No 16W047.01 November 21,2016 SE Alices Road,Phase 5 Waukee,iowa City Project No Task 7 -Condemnation Services (7'ffslt Itlof 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.ENVIROlsjMENTAL 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.Thc Consultant shall provide the folkiwing basic services in regard to the Project: A.Wetland rlk Waters of the U.S.Delineation Addendum The Consultant completed a Wetland and Waters of the U.S.Delineation Repoit for a majority of the project area in 2014.The delineation addendum will evaluate the northern 350 feet of the Phase 5 project area,which was not included in the initial delineation.The delineation will use mandatot3 technical criteria,field indicators,and other sources of information to assess whether the project area has jurisdictional wetlands or WUS.If wetlands are present,the upper boundaries within the project area will be identified.WUS will also be identiiied and mapped during the delineation.The results of the addenduni will be provided to the U.S.Anny Corps of Engineers (USACE)in 0 letter i'epol t. B.Mitigation Plan and Section 404 Permit If jurisdictional wetland or WUS impacts are proposed,the Consultant will prepare and submit a Section 404 Pemiit Application containing the applicable data,wetland jurisdictional rationale,tuid proposed project information to the USACE,Iowa Department of Natural Resources (IDNR)Flood Plain Section,and IDNR Sovereign Lands Section. The Consultant will prepare a Mitigation Plan for the project to address Section 404 permitting requirements.The proposed scope of ivork for the mitigation plan will consist of phone discussions with regulatory entities and development of a plan for wetland and Waters of the United States (WUS)replacement or enhancement.The Mitigation Plan will summaioze each wetland and WUS area that will be impacted by the project based on the findings in the Wetland Delineation Report and the proposed site layout plan for the project.The mitigation plan will include a discussion of the htnctions and values of the dclincatcd wetlands compared to the anticipated functions and goals of the mitigation site, The Consultant will coordinate with the Voas Wetland Mitigation Bank regarding the purchase of credits for emergent and wet meadow wetland impacts.Please note that the Voas Wetland Mitigation Bank does not offer credits for forcstcd or shrub/scrub wetland impacts or for WUS mitigation.Thc USACE niay require onsite niitigation of forested Page 25 of 33 Foth Infrastructure &Environment,LLC Project No 16W04X01 November 21,2016 SE Ahces Road,Phase 5 Waukee,lowe City Protect No. wetlamls,trees plantings,and/or other measures to offset potential impacts from the proposed project. During the preparation of the Mitigation Plan,the Consultant will coordinate with the USACE to assess what mitigation measures will be required based on the proposed impacts.The Mitigation Plan will include a discussion of the proposed impacts and a summary of the credits that will be purchased from the Voas Wetland Mitigation Bank. If required by the USACE,the Mitigation Plan will include details regarding tree and shrub planting.Fees assume that that WUS mitigation will not be required for the project. Thc City should understand that a mitigation plan is a conceptual design to outline the details of mitigation activities proposed for the site for regulatory approval.It should not be relied upon for construction.The City shall understand that the Consultant cannot guarantee that the USACE or other relevant governmental agencies will ultimately approve the prepared application,since such authorization is beyond their control. Fees are based on wetland mitigation at a bank;this proposal does not include design of on or off-site mitigation if the use of the bank is not feasible.Fees for addressing USACE or other agencies comments during the permitting process will be invoiced on a time and material basis based on the Consultant's fee schedule. C.Alternatives Analysis If an Individual Permit will be required for the project,the VSACE will require an Altentative Analysis for the project in addition to the Mitigation Plan.The Consultant will prepare an Alternative Report that will include the following discussions: ~proj ect purpose ~Project Need ~Alternate Site Analysis ~Avoidance of impact e Minimization of Impact ~Compensatory Mitigation The Alternative Analysis will be based on thc Memorandum of Agreement (MOA) between the Environmental Protection Agency (EPA)and the Department of the Amty concerning the Detemtination of Mitigation Under the Clean Water Act Section 404(b)(1)Guidelines,dated February 6,1990.As indicated in the MOA,when evaluating 404 pemtit applications,the USACE follows the steps listed below: detcrmincs that potential impacts have been avoided to the maximum extent practicable; detemtines that the remaining unavoidable impacts will then bc mitigated to the extent appropriate and practicable;and compensates for aquatic resource values. Pago 26 of 33 Foih tnirasiruciure ik Enwronmeni,LI C Project No.16W047,01 November 21,2016 SE Apices Road,Phase 5 Waukee,iowa City Projecl No Following submittal of the Alternatives Analysis,the Consultant will coordinate with the USACE to facilitate issuance ol'the Section 404 Permit.If an Alternate Analysis is required,the City will need to provide background and supporting infottnation,such as alteniate sites evaluated or demographic information. D.Threatened &Endangered Species Habitat Assessment The Consullant reviewed the U.S.Fish and Wildlife Service (FWS)Endangered Species List io evaluate potential Threatened and Endangered (T&E)species in the project area. The list for Dallas County included the following species: ~Prairie bush-clover (Lespedezrr /0/&tostac/rya) ~Western prairie fringed orchid (Plrrm&rt/rera praeclarn) ~Northern long-eared bat (Myr&/is septentriona/is) ~Topeka shiner (Arorropis topeka) ~Indiana bat (Myotis sor/ul/s) The Consultant will perfoim a field review of the project area to evaluate whether suitable habitat for the listed T&E species is present.Based on a cursory review,the project area does not appear to have suitable liabitat for the fish species;our evaluation will confitsn that prairie streams or rivers that may be suitable for the Topeka shiner are not located on-site.We will evaluate whether portions of the project area appear to be native prairie or wetland areas,which would be potential habitat for the prairie bush clover and western prairie fidnged orchid. The Consultant will evaluate whether the trees within the project area may be suitable habitat for the Indiana bat and/or northern long-eared bat based on the FWS 2015 Range- Wide Indiana Bat Sunuiier Survey Guidelines (April 2015).The Consultant will perform an Initial Project Screening,as described in the guidance. The Consultant will contact the IDNR to request a review regarding potential impacts to T&E species in the project area.The results of the T&E Habitat Evaluation and agency consultation will be documented in a letter report that could be submitted to the FWS, IDNR,USACE or other agencies. If suitable habitat is observed for any of the identified T&E species,additional studies, such as mist netting,acoustic surveys,emergence surveys,or botanical surveys,may be needed. K.Phase I Cultural Resource Survey Thc Consultant will retain a subcontractor to perform a limited/cursory archcological survey for review by the State Historical Preservation Office (SHPO)during the permitting process.The Phase I investigation will consisi of the project area.The task docs not include Phase I Cultural Resource surveys if an off-site mitigation site is selected or Phase II archcological investigations at the project site. Pago 27 of 33 Foth Infrastructure &Environment,LLC Protect No 16W047 01 November 21,2016 SE Altces Road,Phase 5 Waukee,lowe City Protect No. III.CONSTRUCTION SFRVICFS The Consultant shall consult on 6 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 infomiation with respect to the City's requirements,including any special or extraordinaty 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 Constniction administration services shall consist of office based services to assist the City in implementing the constntction contract for this project,The work tasks to be perfotuted by the Consultant shall include: Pre-constntction Meetin The Consultant shall conduct a pre-constmction meeting after aivard of constmction contract for the City's Contractor,subcontractors,utility companies,and other interested patties. 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 obseivations of the Contractor's work while it is in progress: ~The Consultant shall make visits to the site at inteivals appropriate to the various stages of construction as the Consultant deems necessary (estimated to be one (1)site visit per week)in order to obsen e 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 ptupose of the Consultant's visits to the site will be to enable the Consultant to better cany out his duties and responsibilities during the construction phase and,in addition,by exercise of the Consultant'6 efforts as an experienced and qualified design professional,to provide I'or the City a greater degree of confidence that the completed work of the Contractor will conform to thc Plans,and that the integrity of the design concept as rcflected in the Plans has bccn implmncntcd and preserved by the Contractor. Page 28 of 33 Folh Infrastructure 8 Enwronmeni,LLC Project No 16W047.01 November 21,2016 SE Ahces Road,Phase 5 Waukae,lowe City Project No. ~The Consultant shall not during such visits supetvise,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. Weckl 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 detenuine any con ective actions if necessary .The Consultant shall assist the Contractor in communicating upcoming construction activities with the adjacent businesses and property owners. The Consultant shall continue coordination,if necessary,for utility companies unable to relocate prior to the conunencement of consttuction.This task will include the coordination of any utilities that were not identified prior to construction. Pa Rc 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 docunientation, cettiftcations,tuid attendance at the project audits. ~ru do This task consists of preparation of consnuction 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 (I)reproducible copy of thc record drawings. Page 29 of 33 Fath Infrastructure &Environmeni,LLC Project No 16W047.01 November 21,2016 SE Afices Road,Phase 6 Waukee,lowe City Project No. The above Construction Administration Services is for 2017 Calendar Year only and includes a maximum of 610 hours of effort.In the event the constructimi period exceeds the contract working day or unanticipated conditions require Construction Administration in excess of 610 hours of effort,the Consultant shall notify the City as it approaches this limit aml determine the ridditional effof3 to complete the project.The Consultant arid 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 pcrfoimed under this phase of the Project shall include fi equent resident observation of the construction work in addition to that included under Construction Administration. The Consultant shall detemiine the amounts owing to the Contractor and recommend,in writing,paytnents to the Contractor in such amounts.Such recommendations of payment will constitute a representation 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 reconmiendation of payment will include final determinations of the quantities and classifications of such work. This phase consists of coordinating field-testing of constuiction materials incorporated into the project with the City's independent testing consultant.Prepare written reports tltat document compliance or non-compliance of constniction materials.Also included is obseiwing the perfonnance 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 sun ey clata on installed underground utilities as allowed by the Contractor's schedule. The above Resident Engineering/Observation estimate includes a maximum of 4 750 hours of effort.In the event the Construction Period exceeds the contract working days or unanticipated conditions require Resident Engineering(Observation in excess of 4 750 hours of effort for 2017,the Consultant shall notify the City as it approaches this limit and determine the additional effort to comp]ete 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 Departmeni of Transportation lct project with federal funding. Page 30 of 33 Foth infrastructure &Environment,LLC Project No.16W047.01 November 21,2016 SE Alices Road Phase 5 Waukee,iowa 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 the City: ~Concept Statement ~Preliminaiy Design Plans ~Pre-Final (Check)Plans ~Gcotechnical Report ~Final Plans ~Permanent (Fee-Title)Plats,Permanent.Easement and Temporary Easement Plats (2 copies) ~Delineation Addendum,Mitigation Plan,Alternatives Analysis,TAE Habitat Assessment,and Phase I Cultural Resource Survey,as needed to obtain USACE Section 404 Pets nit Approval ~Project Development Certificate ADDITIOiNAL SERVICES: Additional Services are Nor included in this Agreement.If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1.)Contaminated Soils Investigations 2.)Streetscape Design 3.)Special Geotechnical Considerations 4.)Subsurface Utility Investigations 5.)Real Estate Condemnation Sertrices 6.)Bridge Design 7.)Pedestrian Underpass or Overpass Design 8.)TIGER Grant Administration 9.)Travel to and from and meetings in Rock Island,IL for USACE Coordination CITY'S RESPONSIBILITIES: The City shall provide the following: I.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 31 of 33 Foth Infrastructure &Environment,LLC Project No 16W047.01 August 1,2016 SE Alices Road,Phase 5 Waukee,lowe City Project No ATTACHMENT 2 SCHEDULE Thc 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 November 21, 2016. Public a&ul Agency Coordiffation ~Project Management Team (PMT)Meetings ~Individual Stakeholder Meetings ~Public Information Meetings ~Council Work Sessions November 2016 —October 2017 July 2017 —September 2017 March,July tk September 2017 (3 meetings) March,July,October gc December 2017 (4 meetings) Design and Plan Production (Jtdnj or Project) ~Concept Statement ~Prehminary Plans ~Check Plans ~Peimanent Easement Finalization ~Final Plans and Project Development Certificate ~Project Letting Januaty 17,2017 July 18,2017 September 26,2017 October 3,2017 October 24,2017 .Ianuaiy 17,2018 Construction Services ~Construction Administration ~Resident Engineering/Observation ~Post-Constntction Services February 2018 -December 2018 March 2018 -December 2018 December 2018 -February 2019 Page 32 of 33 Foth Infrastructure tk Environment,LLC Project No 16W04E01 November 21,2016 SE Akces Road,Phase 5 Waukee,towa City Project No ATTACHMENT 3 SCHEDULE 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 Constmction Manager Lead Field Technician Field Technician Land Sutveyor Administrative Assistant REIMBURSABLE EXPENSES $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 1.All materials and supplies used in the perfonnance of work on this project will be billed at cost plus 10%. 2.Auto niileage will be reimbursed per the standard mileage reimbursement established by the Intenial 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 niateriats testing,fiscal,legal will be billed at their invoice cost plus 15%. 4.All other direct cxpcnscs will bc invoiced at cost plus 10%. ADJUSTMEtstTS TO FEE SCHEDULE 1.Fce schcdulc effective January 1,2016.Rates subject to change annually on January 1. Page 33 of 33