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HomeMy WebLinkAbout2016-08-01-J12 Eng Agr_SE Esker Ridge Dr Bid Letting AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 1, 2016 AGENDA ITEM: Consideration of approval of a resolution approving 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] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: Foth Infrastructure and Environment, LLC, has extensive experience with the City of Waukee in assisting in the public bid letting for City projects and it made sense to use Foth on the bidding for SE Esker Ridge Drive. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $19,500.00. The contract has been structured to be charged on an hourly basis with a not to exceed price of $19,500.00. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff has reviewed the contract with Foth and would recommend approval of the contract to complete the public bid letting for SE Esker Ridge Drive. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Agreement for Professional Consulting Services PREPARED BY: Dan Dutcher REVIEWED BY: THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING 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] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, 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 1st day of August, 2016. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson Waukee Standard Agreement Form 5/2015 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES SE Esker Ridge Drive from Grand Prairie Parkway to SE Glacial Trail This Agreement is made and entered into th is ____ day of August, 2016, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC., (Fed. ID #20-5814224), 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 Services provided under this Agreement shall be as further described in Attachment 1 , Scope of Services. 2. SCHEDULE The schedule of the professional services to be performed shall conform to the Schedule set forth in Attachment 2. Any deviations from the Schedule shall be approved by the authorized City representative. The City agrees that the Consultant is not responsible for delays arising from a change in the scope of services, a change in the scale of the Project or delays resultin g from causes not directly or indirectly related to the actions of the Consultant. 3. COMPENSATION A. In consideration of the professional services provided herein, the City agrees to pay the Consultant the following sum NOT-TO-EXCEED, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. I. Basic Services of the Consultant a. Project Coordination $ 5,000.00 b. Final Plans and Specifications $ 8,000.00 c. Project Bidding $ 6,500.00 Total $19,500.00 II. Construction Period Services a. Construction Administration $ 33,500.00 b. Resident Construction Observation $ 95,000.00 c. Post Construction Services $ 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 at the time of the invoice. Final payment shall be due and payable within 30 days of the City's acceptance of Consultant's submission of final deliverables in accordance with the Scope of Services. C. In consideration of the compensation paid to the Consultant, the Consultant agrees to perform all professional services to the satisfaction of the City by performing the professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of Consultant's profession currently practicing under similar circumstances. If the performance of Foth Infrastructure and Environment, LLC SE Esker Ridge Dr – Grand Prairie Pkwy to SE Glacial Trail Foth Project No. 16W0xx.01 Waukee, Iowa 2 this Agreement involves the services of others or the furnishing of equipment, supplies, or materials, the Consultant agrees to pay for the same in full. 4. INSURANCE A. Consultant understands and agrees that Consultant shall have no right of coverage under any and all existing or future City comprehensive, self or personal injury policies. Consultant shall provide insurance coverage for and on behalf of Consultant that will sufficiently protect Consultant or Consultant' representative(s) in connection with the professional services which are to be provided by Consultant pursuant to this Agreement, including protection from claims for bodily injury, death, 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 comprehensive general liability coverage and contractual liability insurance by an insurance company licensed to do business in the State of Iowa in the limits of at least $1,000,000 each personal injury accident and/or death; $1,000,000 general aggregate personal injury and/or death; and $1,000,000 for each property damage accident. The evidence shall designate the City as an additional insured, and that it cannot be canceled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested. C. The Consultant shall also provide evidence of automobile liability coverage in the limits of at least $1,000,000 bodily injury and property damage combined. The evidence shall designate the City as an additional insured, and that it cannot be cancelled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested. D. The Consultant shall provide evidence of professional liability insurance, by an insurance company licensed to do business in the State of Iowa, in the limit of $1,000,000 for claims arising out of the professional liability of the Consultant. Consultant shall provide City written notice within thirty (30) days by registered mail, return receipt requested of the cancellation or material alteration of the professional liability policy. E. Failure of Consultant to maintain any of the insurance coverages set forth above shall constitute a material breach of this Agreement. 5. NOTICE Any notice to the parties required under this agreement shall be in writing, delivered to the person designated below, by United States mail or in hand delivery, at the indicated address unless otherwise designated in writing. FOR THE CITY: FOR THE CONSULTANT: Name: City of Waukee Name: Foth Infrastructure and Environment, LLC Attn: John Gibson Attn: Patrick P. Kueter, PE Title: Director of Public Works Title: Client Director Address: 230 W. Hickman Road Address: 8191 Birchwood Court, Suite L City, State: Waukee, IA 50263 City, State: Johnston, Iowa 50131 Foth Infrastructure and Environment, LLC SE Esker Ridge Dr – Grand Prairie Pkwy to SE Glacial Trail Foth Project No. 16W0xx.01 Waukee, Iowa 3 6. GENERAL COMPLIANCE In the conduct of the professional services contemplated hereunder, the Consultant shall comply with applicable state, federal, and local law, rules, and regulations, technical standards, or specifications issued by the City. Consultant must qualify for and obtain any required licenses prior to commencement of work, including any professional licenses necessary to perform work within the State of Iowa. 7. STANDARD OF CARE Services provided by the Consultant under this Agreement shall be performed in a manner consistent with that degree of care and skill ordinarily exercised b y members of the same profession currently practicing under similar circumstances. 8. INDEPENDENT CONTRACTOR Consultant understands and agrees that the Consultant and Consultant's employees and representatives are not City employees. Consultant shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits, or any other form of compensation or benefit to Consultant or Consultant's employees, representatives or other personnel performing the professional services specified herein, whether it be of a direct or indirect nature. Further, it is expressly understood and agreed that for such purposes neither Consultant nor Consultant's employees, representatives or other personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation, retirement, or any other benefits whatsoever. 9. NON-DISCRIMINATION Consultant will not discriminate against any employee of applicant for employment because of race, color, sex, national origin, religion, age, handicap, or veteran status. Consultant will, where appropriate or required, take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, sex, or national origin, religion, age, handicap, or veteran status. Consultant will cooperate with the City in using Consultant's best efforts to ensure that Disadvantaged Business Enterprises are afforded the maximum opportunity to compete for subcontracts of work under this Agreement. 10. HOLD HARMLESS Consultant agrees to indemnify and hold harmless the City, its officers , agents, and employees from any and all claims, settlements and judgments, to include all reasonable investigative fees, attorney's fees, and court costs for any damage or loss which is due to or arises from a breach of this Agreement, or from negligent acts, errors or omissions in the performance of professional services under this Agreement and those of its sub consultants or anyone for whom Consultant is legally liable. 11. ASSIGNMENT Consultant shall not assign or otherwise transfer this Agreement or any right or obligations therein without first receiving prior written consent of the City. 12. APPROPRIATION OF FUNDS The funds appropriated for this Agreement are equal to or ex ceed the compensation to be paid to Consultant. The City's continuing obligations under this Agreement may be subject to appropriation of funding by the City Council. In the event that sufficient funding is not appropriated in whole or in part for continued performance of the City's obligations under this Agreement, or if appropriated funding is not expended due to City spending limitations, the City may terminate this Agreement without further Foth Infrastructure and Environment, LLC SE Esker Ridge Dr – Grand Prairie Pkwy to SE Glacial Trail Foth Project No. 16W0xx.01 Waukee, Iowa 4 compensation to the Consultant. To the greatest extent allowed by law, the City shall compensate Consultant as provided in Section 18(A) of this Agreement. 13. AUTHORIZED AMENDMENTS TO AGREEMENT A. The Consultant and the City acknowledge and agree that no amendment to this Agreement or other form, order or directive may be issued by the City which requires additional compensable work to be performed if such work causes the aggregate amount payable under the amendment, order or directive to exceed the amount appropriated for this Agreement as listed in Section 3, above, unless the Consultant has been given a written assurance by the City that lawful appropriation to cover the costs of the additional work has been made. B. The Consultant and the City further acknowledge and agree that no amendment to this Agreement or other form, order or directive which requires additional compensable work to be performed under this Agreement shall be issued by the City unless funds are available to pay such additional costs, and the Consultant shall not be entitled to any additional compensation for any additional compensable work performed under this Agreement. The Consultant expressly waives any right to additional compensation, whether in law or equity, unless prior to commencing the additional work the Consultant was given a written amendment, order or directive describing the additional compensable work to be performed and setting forth the amount of compensation to be paid, such amendment, order or directive to be signed by the authorized City representative. It is the Consultant's sole responsibility to know, determine, and ascertain the authority of the City representative signing any amendment, directive or order. 14. OWNERSHIP OF CONSULTING DOCUMENTS All sketches, tracings, plans, specifications, reports, and other data prepared under this Agreement shall become the property of the City; a reproducible set shall be delivered to the City at no additional cost to the City upon completion of the plans or term ination of the services of the Consultant. All drawings and data shall be transmitted in a durable material, with electronic files provided when feasible to do so. The Consultant's liability for use of the sketches, tracings, plans, specifications, reports, and other data prepared under this Agreement shall be limited to the Project. 15. INTERPRETATION No amendment or modification of this Agreement shall be valid unless expressed in writing and executed by the parties hereto in the same manner as the execution of the Agreement. This is a completely integrated Agreement and contains the entire agreement of the parties; any prior written or oral agreements shall be of no force or effect and shall not be binding upon either party. The laws of the State of Iowa shall govern and any judicial action under the terms of this Agreement shall be exclusively within the jurisdiction of the district court for Dallas County, Iowa. 16. COMPLIANCE WITH FEDERAL LAW To the extent any federal appropriation has or will be provided for the Project, or any federal requirement is im posed on the Project, Consultant agrees that Consultant will comply with all relevant laws, rules and regulations imposed on City and/or Consultant necessary for receipt of the federal appropriation. Consultant shall provide appropriate certification regarding Consultant's compliance. 17. SOLICITATION AND PERFORMANCE A. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that the Consultant has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or contingent fee. Foth Infrastructure and Environment, LLC SE Esker Ridge Dr – Grand Prairie Pkwy to SE Glacial Trail Foth Project No. 16W0xx.01 Waukee, Iowa 5 B. The Consultant shall not engage the services of any person or persons in the employ of the City at the time of commencing such services without the written consent of the City. 18. SUSPENSION AND TERMINATION OF AGREEMENT A. The right is reserved by the City to suspend this Agreement at any time. Such suspension may be effected by the City giving written notice to the Consultant, and shall be effective as of the date established in the suspension notice. Payment for Consultant's services shall be made by the City for services performed to the date established in the suspension notice. Should the City reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days written notice within a period of six (6) months after such suspension, unless this period is extended by written consent of the Consultant. B. Upon ten (10) days written notice to the Consultant, the City may terminate the Agreement at any time if it is found that reasons beyond the control of either the City or Consultant make it impossible or against the City's interest to complete the Agreement. In such case, the Consultant shall have no claims against the City except for the value of the work performed up to the date the Agreement is terminated. C. The City may also terminate this Agreement at any time if it is found that the Consultant has violated any material term or condition of this Agreement or that Consultant has failed to maintain workers' compensation insurance or other insurance provided for in this Agreement. In the event of such default by the Consultant, the City may give ten (10) days written notice to the Consultant of the City's intent to terminate the Agreement. Consultant shall have ten (10) days from notification to remedy the conditions constituting the default. D. In the event that this Agreement is terminated in accordance with paragraph C of this section, the City may take possession of any work and may complete any work by whatever means the City may select. The cost of completing said work shall be deducted from the balance which would have been due to the Consultant had the Agreement not been terminated and work completed in accordance with contract documents. E. The Consultant may terminate this Agreement if it is found that the City has violated any material term or condition of this Agreement. In the event of such default by the City, the Consultant shall give ten (10) days written notice to the City of the Consultant's intent to terminate the Agreement. City shall have ten (10) days from notification to remedy the conditions constituting the default. 19. TAXES The Consultant shall pay all sales and use taxes required to be paid to the State of Iowa on the work covered by this Agreement. The Consultant shall execute and deliver and shall cause any sub- consultant or subcontractor to execute and deliver to the City certificates as required to permit the City to make application for refunds of said sales and use taxes as applicable. The City is a municipal corporation and not subject to state and local tax, use tax, or federal excise taxes. 20. SEVERABILITY If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 21. MISCELLANEOUS HEADINGS Title to articles, paragraphs, and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. Foth Infrastructure and Environment, LLC SE Esker Ridge Dr – Grand Prairie Pkwy to SE Glacial Trail Foth Project No. 16W0xx.01 Waukee, Iowa 6 22. FURTHER ASSURANCES Each party hereby agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. 23. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall constitute an original document, no other counterpart needing to be produced, and all of which when taken together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or agents on the day and year first above written. CONSULTANT: CITY OF WAUKEE Foth Infrastructure and Environment, LLC By: By: Name: Patrick P. Kueter, PE William F. Peard, Mayor Title: Client Director WITNESS ATTEST Name: Douglas Ernst, P.E. Name: Title: Project Director Title: Foth Infrastructure and Environment, LLC SE Esker Ridge Dr – Grand Prairie Pkwy to SE Glacial Trail Foth Project No. 16W0xx.01 Waukee, Iowa 7 Agr-2016-0729-Waukee-EskerRidge&GlacierTrailRiseProject.doc Foth Infrastructure and Environment, LLC SE Esker Ridge Dr – Grand Prairie Pkwy to SE Glacial Trail Foth Project No. 16W0xx.01 Waukee, Iowa 8 ATTACHMENT 1 SCOPE OF SERVICES The work to be performed by the Consultant under this agreement shall encompass and include detailed work, services, materials, equipment and supplies necessary to complete analysis and design for the project. The project consists of 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 project coordination as part of the project. Task 1 - Maintain/Update Mailing List Task not used. Task 2 - Project Newsletters Task not used. Task 3 - Public Information Meetings Task not used. Task 4 - Individual Property Owner Meetings Task not used. Task 5 – Design Utility Coordination Meetings Task not used Task 6 - Periodic Meetings with Local Elected Officials Task not used. Task 7 - Exhibit Preparation for Council Work Session Task not used Foth Infrastructure and Environment, LLC SE Esker Ridge Dr – Grand Prairie Pkwy to SE Glacial Trail Foth Project No. 16W0xx.01 Waukee, Iowa 9 Task 8 - 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 Sub-Consultants, review of progress, and senior review of deliverables. For estimating purposes, it is assumed that the project duration will be twelve months (12) 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 - Project Permitting Task not used. Task 3 - Project 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 - Opinion 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 Design Meetings 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 Quality 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 - Printing of Plans and Specifications This task consists of printing and handling of the Plans and Specifications. For budget purposes it is estimated that forty (40) half-size (11”x17”) 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. Foth Infrastructure and Environment, LLC SE Esker Ridge Dr – Grand Prairie Pkwy to SE Glacial Trail Foth Project No. 16W0xx.01 Waukee, Iowa 10 Task 2 - Notice of Project The Consultant shall prepare of the formal Notice of Hearing and Letting. The City shall handle publication of the Notice of Hearing and Letting. T he 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 - Letting, 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. II. 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 base d 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 Meeting 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 - Shop Drawings 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. 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 appropriate 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 obser vations, 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 responsibilities during the construction phase and, in addition, by exercise of the Consultant’s efforts as an experienced and qualified design professional, to provide for the City a greater degree of confidence that the completed work of the Contractor 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. Foth Infrastructure and Environment, LLC SE Esker Ridge Dr – Grand Prairie Pkwy to SE Glacial Trail Foth Project No. 16W0xx.01 Waukee, Iowa 11 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 rejec t 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 - Change Orders The Consultant shall issue necessary interpretations and clarifications of the Plans, and in connection therewith, prepare change orders as required. Task 5 - Record Drawings – Task not included Task 6 - Monumentation of Permanent Right-of-Way Acquisitions – 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 event 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 I I. Construction Period Services, Paragraph A. Construction Administration. The Consultant shall determine the am ounts 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 in accordance with the Plans. In the case of unit-price work, the Consultant’s recommendation of payment will include final determinations of the quantities and classifications of such work. This phase consists of coordinating field-testing of construction materials incorporated into the project with the City’s independent testing consultant. Prepare written reports that document compliance or non-compliance of construction materials. Also included is observing the performance of construction work and advising the Contractor and the City of non -complying work or materials incorporated into the project. For budget purposes, it is assu med 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 Foth Infrastructure and Environment, LLC SE Esker Ridge Dr – Grand Prairie Pkwy to SE Glacial Trail Foth Project No. 16W0xx.01 Waukee, Iowa 12 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 a s required by an Iowa 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 Assessments 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 Utility Investigations 16.) Traffic Signal Design 17.) Construction Period Testing Services 18.) Construction Survey Foth Infrastructure and Environment, LLC SE Esker Ridge Dr – Grand Prairie Pkwy to SE Glacial Trail Foth Project No. 16W0xx.01 Waukee, Iowa 13 ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the design and engineering services under this Agreement shall be as follows: I. Basic Services of the Consultant A. Anticipated Contract Approval August 1, 2016 B. Final Plans and Specifications August 29, 2016 C. Project Letting September 2016 II. Construction Period Services A. Construction Administration September 2016 to August 2017 B. Resident Construction Observation September 2016 to August 2017 Foth Infrastructure and Environment, LLC SE Esker Ridge Dr – Grand Prairie Pkwy to SE Glacial Trail Foth Project No. 16W0xx.01 Waukee, Iowa 14 ATTACHMENT 3 SCHEDULE OF FEES FOTH INFRASTRUCTURE AND ENVIRONMENT, L.L.C 2016 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE Project Director $189.00 Project Manager $153.00-$179.00 Project Scientist $163.00 Project Advisor $164.00 Lead Engineer $167.00 Project Engineer $128.00-$153.00 Staff Engineer $106.00-$125.00 Lead Technician $127.00 Engineering Technician $98.00-$119.00 CAD Technician $85.00 Construction Manager $145.00 Lead Field Technician $119.00 Field Technician $69.00-$104.00 Land Surveyor $149.00 Administrative Assistant $60.00 REIMBURSABLE EXPENSES 1. 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 cost. 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.