HomeMy WebLinkAbout2016-08-01-Resolutions 16-340_Esker Ridge Dr - Grand Prairie Pkwy to Glacier Trl - Bid Letting - Engineering AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-340
APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
FOTH INFRASTRUCTURE AND ENVIRONMENTAL,LLC [SK ESKER RIDGE DRIVE,
GRAND PRAIRIE PARKWAY TO SE GLACIER TRAIL,PUBLIC BID LETTING
SERVICES]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA USE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,it is necessary to follow public bid letting procedures related to the SE Esker Ridge
Drive construction project;AND,
WHEREAS,Foth Infrastructure and Environment,LLC,has extensive experience in assisting the City
of Waukee with the public bid letting process for City projects;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 and Environmental,LLC [SE
Esker Ridge Drive,Grand Prairie Parkway to SE Glacier Trail,Public Bid Letting Services],attached
hereto as Exhibit A,is hereby approved.
Passed by the City Council of the City of Waukee,Iowa,and approved the "day of August,2016.
.Pear,Mayo
Attest:
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
X
AGREEMENT FQR PROFESSIONAL CONSULTING SERVICES
SE Esker Ridge Drive from Grand Prairie Parkway lo SE Glacial Trail
Th:s Agreement is made and entered into this j&l day of ~Au ust,20io by and between City of
I/I/aukee a municipal corporation hereinafter referred to as "City."and FOTH II iFRASTRUCTURE AIID
EiNVIRONlvlENT LLC.,fFed ID f/20-5814224).a professional corporation incorporated and licensed
under the laws of the State of lowe.party of the second part,hereinafter referred to as "Consultant"a=
follows
THE CITY HEREBY AGREES TO RETAIN THE CONSULTArxIT FOR THE PROJECT AS DESCRIBED
IN THIS AGREEiMENT A/VD CONSULTANT AGREES TO PERFORfv'I THE PROFESSIONAL SERVICES
AND FURNISH THE NECESSARY DOCUMENTATION FQR THE PROJECT AS GEiNERALLY
DESCRIBED IN THIS AGREEMENT.
1.SCOPE OF SERVICES
Serwces 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 reialed to the actions of the Consultant.
3 COIVIPENSATIOI I
A.In consideration of the professional serwces provided herein,the Ciry 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,Final Plans and Specifications
c.Project Bidding
Total
$5,000.00
$8,000.00
r 6.500 00
$19 50Q.QQ
Construction Penod Services
a.Construction Administration
b.Resident Construction Observation
c,Post Construction Services
$33,500.00
$95,000.00$3.500 00
B.The Consultant shall invoice the City monthly for services.any reimbursable expenses and any
approved amendments to this Agreement,based upon services actually completed al the time of
the invoice.Final payment shall be due and payable within 30 days of the City's acceptance of
Consultant's submission of final deliverables in accordance with the Scope of Services.
C.In consideration of the compensation paid lo 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
Waukee Standard Agreement Form 5/2015
Foth Infrastructure and Environment,LLC
Foth Protect No 16WQxx 01
SE Esker Ridge Or —Grand Prairie Pkwx to SE Glacial Trail
Waukae,lowe
this Agreement involves the serxrices of others or the furnishing of eqtnpment.suppkes or
materials.the Consultant agrees to pay for the same in full.
4 INSURANCE
A Consultant understands and agrees that Consultant shall have no nght of coverage under ar y
and ail existing or future City comprehenswe self or personal iniury policies Consultant shall
provide insurance coverage for and on behalf of Consultant that will sufficiently protecl Consultant
or Consultant'representative(s)in connection with the professional services which are to be
provided by Consullant pursuant to this Agreement,including protection from cia,ms for bodily
injury death,and property damage.Consultant shall provide worker's compensation insurance
coverage For Consultant and all Consultant's personnel.Consultant shall file applicable insurance
certificates with the City,and shall also provide evidence of the following additional coverage
B,The Consultant shall provide evidence of comprehenswe general liability coverage and
contractual liability insurance by an insurance company hcensed to do business in the State of
Iowa in the limits of at least 5 l,000,000 each personal injury accident and/or death 51,000.000
general aggregate personal injury and/or death:and 51,000,000 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 (30j days written notice by
registered mail return receipt requested
C.The Consultant shall also prowde evidence of automobile liability ccverage in the limits of at least
$1,000 000 bodily injury and property damage combined The evidence shall designale the City
as an additional insured.and that it cannot be cancelled or materially altered without giving the
City at least thirty (30j days written nolice by register d mail,return receipt requesled.
D.The Consultant shall provide evidence of professional liability rnsurance,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
thirty (30j days by registered mail,return receipt requested of the cancellation or material
alterabon of the professional liability policy.
E Failure of Consultant to maintain any of Ihe insurance coverages set forth above shall constitute a
material breach of this Agreement.
5 NOTICE
Any notice lo the pardes requir d under this agreement shall be in writing,delivered to the oerson
designated below,by United States mail or in hand delivery,at the indicated address unless
otherwise designated in wnting
FOR THE CITY.FOR THE CONSULTANT:
rr:~cit rw k
Attn John Gibson
Title:Director of Public Works
Address:230 W.Hickman Road
City.State trt/aukee,IA 50263
u FII Ir t rs i uuc
Attn:Patnck P.Kueter PE
Title:Client Director
Address 8191 Birchwood Court,Suite L
City State'.Johnston,lowe 50131
Foth Infrastructure and Environment,LLC
Fath Project No 16WOxx 01
SE Esker Ridge Dr —Grand Prairie Pkwy to SE Glacial Trail
Waukee,lowe
GENERAL COMPLIANCE
In the conduct of the professional services con!empiated hereunder,the Consultant shall comply with
applicaole state,f deral,and local law rules and regulations technical standards,or specifications
Iss'led by the City.Consultant must qualify for and obtain any required licenses prior to
ornmencem.nt of work including any professional licenses necessary to perform 'vora vvithin the
State of iowa.
STAIkIDARD OF CARE
Senrices 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.
INDEPENDEiNT CONTRACTOR
Consultant understands and agrees that the Consultant and Consultant's employees and
representatives are not City employees.Consultant shall be sol iy responsible for payment of
salaries.wages,payroll taxes,unemployment benefits,or any other form of compensanon 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-DISCRikrtINATION
Consultant will not discriminate against any employee of appkcant 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 empioymenl without regard!o their race,color.sex,or national origin,
religion,age handicap,or veteran status.Consultant wril cooperate with the City in using Consultant's
best efforts to ensure that Disadvantaged Business Enterprises are afforded the maximum
opportunity to compete for subcontracts of work under this Agreement.
10.HOLD HARMLESS
Consultant agrees to indemnify and hold harmless the City,its officers agents.and employees from
any and all claims,settlements and judgments to include ail reasonable investigative fees,attorney's
fees and court costs for any damage or loss which is due to or arises from a breach of this
Agreement,or from negligent acts,errors or omissions in the performance of professional services
under this Agreement and those of its sub consultants or anyone for whom Consultant is legally
liable.
1'I.ASSIGNMIENT
Consultant shall not assign or othenvise transfer this Agreement or any right or obligations therern
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 pari
for continued performance of the City's obligations under this Agreement,or If appropnated funding is
not expended due to City spending limitations.the City may terminate this Agreement without further
Foth Infrastructure and Environment,LLC
Foth Protect No.16WOxx.ol
SE Esker Ridge Dr —Grand Prairie Pkwy to SE Glaaai Trail
Waukee.Iowa
compensatfon to the Consultant To the greatest extent allovred by law,the City shall compensafe
Consultant as provided in Section 18(A)of this Agreement
13.AUTHORIZED AMENDMENTS TO AGREEMENT
A.The Consultant and the City acknowledge and agree!hat no amendment to this Agreement or
other form,order or directive may be issued by the City which requires additional compensable
vvork to be performed if such work causes the aggregate amount payable under the amendment,
order or directive to exceed the amount appropnated for this Agreement as listed in Section 3.
atlove,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
Ek The Consultant and the City further acknowledge and agree that no amendment lo kits
Agreement or other form,order or directive which requires addtttoinat 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 entiged to any additional compensation for
any additional compensable work performed under this Agreement.The Consultant expressly
waives any right to additionai compensation.whether in law or equ':ty.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
representatwe.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 DOCUivlEiNTS
All sketches,tracings,plans,specifications,reports,and other data prepared Ltnc'er this Agreem nt
shall become the property of the City;a reproducible set shall be dehvered 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.
reporls,and other data prepared under this Agreement shall be limited to the Protect.
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 par!ies.any pnor written
or oral agreements shall be of no fore or effect and shall not be binding upon either party.The laws
of the State of lowe shall govern and any judicial action under the terms of this Agreement shall be
exclusively within the jurisdiction of the distnct court for Dallas County,Iowa
16 COIVIPLIANCE WITH FEDERAL LAW
To Ihe extent any federal appropnation has or will be provided for the Project or any federal
requirement is mposed on the Proiect,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 Consultanl shall provide appropriate certification regarding Consultant's compliance
17.SOLICITATION AND PERFORIvlANCE
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 thais a bona fide
employee.any fee.commission,percentage.brokerage fee,gift or contingent fee.
Foth Infrastructure and Environment,LLC
Foth project No 16WOxx.01
SE Esker Rrdge Dr —Grand Prairie Pkwy to SE Giaaai Trari
Waukee,Iowa
B The Consultant shall not engage Ihe services of any person or persons in the employ of the City
at lhe lime of commencing such services wrthout the writt n consent of the City.
1IL SUSPENSION AND TERlviINATION OF AGREEMENT
A.The right is reserved by the City to suspend this Agreement at any time Such suspension may be
effected by the City giving written notice to the ConsultanL 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 susper sion notice Should Ihe City
reinstate the work after nottce 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 wntten consent of Ihe Consultant.
B.Upon ten (10)days written notice lo the Consultant.the City may terminate the Agreement at any
lime if it is found that reasons beyond the control of either the City or Consultant make it
Impossible or against ihe 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 dale
the Agreement is terminated.
C The City may also terminate this Agreement at any time if ii is found that the Consultant has
violated any material term or condition of this Agreement or that Consultant has failed lo maintain
workers'compensation insurance or other insurance provided for in this Agreement.In tt;e event
of such default by the Consultant.the City may give ten (10)days wntten notice to the Consultant
of the City's intent to terminate the Agreemer,t.Consultant shall have ten (10)days from
notification to remedy the condittons constiiuting the default.
D.In the event that this Agreement ts 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 thai the City has violated any matenal
term or condition of this Agreement.In the event of such default by the City,the Consultant shall
give ten (10)days written notice lo the City of the Consultant's intent to terminate the Agreement
City shall have ten (10)days from notificaiion to remedy the conditions constituting the default
TAXES
The Consultant shall pay ail sales and use taxes required to be paid to the Stale of lowe on the work
covered by this Agreement.The Consultant shall execute and deliver and shall cause any sub-
consultant or subcontractor to execute and deliver to the City certificates as required to permit the
City lo make application for refunds of said sales and use taxes as appiicable.The City is a munimpal
corporation and not subject to state and focal tax,use tax,or federal excise taxes.
20 SEVERABILITY
lf any portion of thts Agreement is held invalid or unenforceable by a court of competent iurisdiction,
the remaining portions of this Agreement shall continue in full force and effect.
21 MISCELLANEOUS HEADINGS
Title to articles.paragraphs.and subparagraphs are for information purposes only and shall not be
considered a substantive part of this Agreement.
Foth Inlrastructure and Environment,LLC
Foth Project No 16WOxx.01
SE Esker Ridge Or —Grand Praide Pkwy to SE Glacial Trail
Waukee,iowa
22 FLIRTHER ASSURANCES
Eacn party hereby agrees to execute and deliver such additional instiurrients and documents arrrj to
Iaice ail such other action as Ihe other party may reasonably request from time to ttme in order to
effect the provisions and purposes of this Agreement,
23.COUNTERPARTS
This Agreemeni may be executed in any number of counterparts,each of which shall constitute an
original document,no other count rpart needing to be produced and ail of wl.ich 'h n taken
together shall constituite the same ir strument.
IN WITiNESS 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.
CONSULTAiNT:
Foth infrastructure and Environment,LLC
Name:Patrick P.Kueter.PE
Title:Client Director
CITY OF WAUKEE
I
/
By:r
Wil am F.ard,Nlayor
WITNESS ATTEST
Name;Dou las Ernst P.E.
Title:Pro'ect Director
Name:
Title:
Foth Infrastructure and Environment,LLC
Foth Project No 16WOxx 01
SE Esker Ridge Dr —Grand Praine Pkvvy to SE Glacial Trait
Waukee,lowe
Agr-2016-0729-Waukee-EskerRidge&GlacierTraiIRiseProjecl,doc
Foth infrastructure and Environment.LLC
Foth Protect No.tsWOxx.ot
SE Esker Ridge Gr —Grand Praine Pkwy to SE Glaoal Tiait
Waukee,iowa
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 conststs of constructing SE Esker Ridge Drive from Grand Prairie Parkway east to SE Glacial
Trail in Waukee,iowa.Services performed by the Consultant under this Scope of Services are final plan
review and specifications,bidding services,construction administration and resident consulting services.
This scope of services is based on the following project assumptions:
~SE Esker Ridge not to exceed 1250-ft in length.
~No Environmental services (wetlands delineation or mitigation)are included with this scope.
~No traffic signals design services are required to complete this project.
~No structural retaining walls are required to complete this project.
~No right-of-way acquisition services are included as part of this scope of services.
~Only one plan review of will be performed prior to DOT RISE submittal.
~The project will have one letting and be constructed in the years 2016/2017.
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
The Consultant will complete the following prolect coordination as part o(the project,
Task 1 -Maintain/U date Mailin List
Task not used.
Task 2 -Pro'ect Newsletters
Task not used.
Task 3-Public Information Meetin s
Task not used.
Task 4-Individual Pro ert Owner Meetin s
Task not used.
Task 5 —Desi n Utilit Coordination Meetin s
Task noi used
Task 6-Periodic Meetin s with Local Elected Officials
Task not used.
Task 7 -Exhibit Pre aration for Council Work Session
Task not used
Foth Infrastructure and Environment,LLC
Foth Project No 16woxx.01
SE Esker Ridge Dr —Grand Praine Pkwy lo SE Glacial Trail
Waukee,lowe
Task 8-Pro'ect Mana ement
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 Sub-Consultants,review of progress,and senior review of deliverables.
F ti tidi P,it dthtthPF td i iiih i~1th tt
months spread throughout the calendar years 2016 and 2017.
B.Final Plans and Specifications
Based upon approved preliminary design,field review,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 -Final Plans
Task not used.
Task 2-Pro'ect Permittin
Task not used.
Task 3-Pro'ect Manual
This task consists of providing a Project Manual for the Project,including Notice of Hearing and
Letting,instruction to Bidders,Bid Forms,Bond Forms,Agreement Forms,General Conditions of
the Construction Contract,Supplementary General Conditions,and Detailed Construction
Specifications.
Task 4-0 inion of Probable Construction Cost
The Consultant shall prepare a preliminary Opinion of Probable Construction Cost for the Project.
An updated Opinion of Probable Construction Cost shall be prepared at the time of completion of
the plans and specifications.The Opinion of Probable Construction Cost is intended for the use of
the City in financing the Project.
Task 5-Final Desi n Meetin s
It is estimated that the Consultant's staff will attend ~one 1 meeting(s)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 —Final Qualit Control
involve ongoing quality control input from the Project Team and the design engineer's senior
technical staff throughout the development of final plans.The design engineer is responsible for
making specific recommendations and ensuring that critical issues are discussed and resolved
prior to submittal of the final plan set.
Review the final engineering plan set for technical accuracy,as well as for general constructability
and conformance with the project design criteria.
C.Project Bidding Phase
The Consultant will coordinate and manage the letting process for the project.For estimating
purposes,~one 1 letting has been included as part of this task.The work tasks to be performed
or coordinated by the Consultant shall include the following:
Task 1 -Printin of Plans and S ecifications
This task consists of printing and handling of the Plans and Specifications For budget purposes
it is estimated that fortvc40)half-size (11"x172)plan sets and specifications will be duplicated and
assembled by the Consultant.This task also includes dissemination of the contract documents
and maintaining a plan holders list during the bidding phase.
Fath Infrastructure and Environment.LLC
Foth Project No 16WOxx.ot
SE Esker Ridge Dr —Grand Prairie Pkwy to SE Glaaal Trail
Waukee lowe
Task 2-Notice of Pro'ect
The Consultant shall prepare of the formal Notice of Hearing and Letting.The City shall handle
publication of the Notice of Heanng and Letting The Consultant shall also prepare and
disseminate an informal notice to contractors concerning the upcoming Project.
Task 3-Plan Clarification and Addenda
The Consultant shall be available to answer questions from contractors prior to the letting and
shall issue addenda as appropriate to interpret,clarify or expend the bidding documents.
Task 4-Lettin Bid Tabs and Award Recommendation
The Consultant shall be a representative present when the bids and proposals are opened,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.
CONSTRUCTION PERIOD SERVICES.
Only upon written authorization to proceed by the City to the Consultant,the work to be performed
under the Construction Period Services phase of the Project shall include the following task(s):
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:
Task 1 —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.
Task 2-Sho Drawin s
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 certtficates of inspections,testing,and approvals required.
Task 3 -Site Visits
In connection with observations of the Contractor's work while it is in progress:
a.The Consultant shall make visits to the site at intervals appropdiate to the various stages
of construction as the Consultant deems necessary (estimated to be one site visit per
month minimum,with up to weekly visits during peak construction activity periods)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.
b.The purpose of the Consultant's visits to the site will be to enable the Consultant to better
carry out his duties and responsibikties 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 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
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SE Esker Ridge Dr-Grand Prairie Pkwy to SE Giaciai Trail
Waukee,iowa
c,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.
d.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.
Task 4-Chan e Orders
The Consultant shall issue necessary interpretations and clarifications of the Plans,and in
connection therewith,prepare change orders as required
Task 5 -Record Drawin s —Task not included
Task 6 —Monumentation of Permanent Ri ht-of-I/t/a Ac uisitions —Task not included
Task 7 —Limited Environmental Construction Review and As-Built Observations —Task not
included.
For Construction Administration budget purposes,it is assumed that the construction period will
be as follows:
~Six 6 months in year 2016/2017 and that one part-time staff member of the Consultant will
be available for the construction administration services.The above construction period
estimate includes a maximum of 220 hours of construction administration.In the eve'nt the
construction period exceeds the contract working day or unanticipated conditions require
construction administration in excess of 220 hours,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 Construction 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 II.Construction Period Services,Paragraph
A.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 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 m
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 kaid-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.For budget purposes,it is assumed that the
construction period will be as follows;
~Six 6 months in year 2016/2017 and that one full-time staff member of the Consultant will be
available for the construction observation services.The above construction period estimate
includes a maximum of 770 hours of construction observation.In the event the construction
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Foth tnfrastrccture and Environment,I LC
Foth Project No.16woxx 01
SE Esker Ridge Dr —Grand Praine Pkwy to SE Glacial Trait
Waukee,lowe
period exceeds the contract working day or unanticipated conditions require construction
observation in excess of 770 hours,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 lowe
Department of Transportation let project with federal funding.
D.CONSTRUCTION SURVEY —Task not included.
ADDITIONAL SERVICES NOT INCLUDED IN THIS CONTRACT
Additional Services not included as part of this Scope.If authorized,under a supplemental
agreement,the Consultant shall furnish or obtain from others the following services:
1.)Real Estate Acquisition Services
2.)Environmental Documentation CE/EA/EIS
3.)Wetland Delineation Report
4,)Wetland Mitigation Plans
5.)Cultural Resource Survey
6.)Regulated Material Environmental Site Asse
7.)Contaminated Soils Investigations
8.)Structural/Retaining Wall Design
9.)Bridge Design
10.)Storm Sewer Design
11.)Culvert Design
12.)Street Lighting Layout
13.)Street Lighting Circuit Design
14.)Streetscape Design
15.)Subsurface Lltility Investigations
16.)Traffic Signal Design
17.)Construction Period Testing Services
18.)Construction Survey
ssments
12
Foth Infrastructure and Environment,LLC
Foth Project No.16Wgxx 01
SE Esker Ridge Dr —Grand Prairie Pkwy lo SF.Glaoal Trait
Waukee,lowe
ATTACHMENT 2
PROJECT SCHEDULE
The time of completion of the design and engineering services under this Agreement shall be as follows:
Basic Services of the Consultant
A.Anticipated Contract Approval
B.Final Plans and Specifications
C.Project Letting
August 1,2016
August 29,2016
September 2016
Construction Period Services
A.Construction Administration
B.Resident Construction Observation
September 2016 to August 2017
September 2016 to August 2017
13
Fath Infrastructure and Environment,LLC
Fath Project Nc.1GWOxx.o1
SE Esker Ridge Dr-Grand Prairie Pkwy tc SE Glaoal Trail
Waukee.Iowa
ATTACHfv'1ENT 3
SCHEDULE OF FEES
FOTH INFRASTRUCTLjRE 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 Techniaan
Construction Manager
Lead Field Technician
Field Technician
Land Surveyor
Administrative Assistant
$189.00
$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
All materials and supplies used in the performance of work on this project will be billed at costs.
2.Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal
Revenue Service.Service vehicle mileage will be reimbursed on the basis of $0.88 per mile.
3.Charges for outside services such as soils and materials testing,fiscal,legal will be billed at their invoice
COGL
4.All other direct expenses will be invoiced at cost.
ADJUSTMENTS TO FEE SCHEDULE
1.Fee schedule effective January 1,2016.Rates subject to change annually on January 1
14