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HomeMy WebLinkAboutDepartment of Engineering Transmittal-12/3/2012CITY OF WATERLOO DEPARTMENT OF ENGINEERING TRANSMITTAL 715 Mulberry Street Waterloo, IA 50703 DATE:1 /7/13 TO: Maria Armstrong Transmitted herewith are: QUANTITY Contract No.843 PROJECT: STP -U-8155(71 O)--70-07 DESCRIPTION Agreement Change Order Contracts and Bonds Engineering Contract Maintenance Bond Plans and Specifications Punch List TV Reports One Original Supplemental Agreement No. 1 One Copy Each Federal Funding Authorization, "Notice -To -Proceed" Letter n n n n For your Action For your Approval For your Information For your signature Other n n n Per Your Request Per our Conversation For your review For your Files COMMENTS: Cc: Michelle Weidner w/attachments, Pauline Closson w/attachments, File w/attachments City Engineering Department By. , Jeff Bales, Associate Engineer Page 1 of 1 JEFF BALES From: JEFF BALES Sent: Thursday, January 03, 2013 9:39 AM To: Larry Berns (lberns@ament.com) Subject: FW: STP -U-8155(731)-70-07 FHWA Authorization - Supplemental Ageement No. 1 Larry, Please consider this e-mail your notice -to -proceed with work under Supplemental Agreement No. 1, effective January 3rd, 2013, for the Kimball Avenue Transportation Improvements project, . Jeff Bales Associate Engineer City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 319-291-4312 From: Welper, Robert [DOT][mailto:Robert.Welper@dot.iowa.gov] Sent: Thursday, January 03, 2013 9:00 AM To: JEFF BALES; Berns Larry Cc: Wiebke, Dean [DOT]; Brunscheon, Thomas [DOT] Subject: STP -U-8155(731)--70-07 FHWA Authorization Jeff and Larry, FHWA authorization for SA#1 has been received. Please print the attached document for your files. I will sign and date SA#1 today. The City may direct Ament to proceed as it sees fit. I will return two originals to the City, but please be aware that the District is transitioning to email distribution of scanned documents rather than mailing originals unless there is a compelling reason to do otherwise. For example, if a municipal ordinance requires an original, one will be provided. That municipality will also be asked to review the need for such an ordinance. It is unfortunate the approval took so long. I know the unusual increase from the $4k base agreement to the $500k supplemental raised questions. I am sure the holidays did not help, either. Robert A. Welper P.E. District 2 Local Systems Engineer 1420 Fourth Street SE Mason City, IA 50401 (641) 422-9467 1/7/2013 Page 1 of 1 JEFF BALES From: Welper, Robert [DOT] [Robert.Welper@dot.iowa.gov] Sent: Thursday, January 03, 2013 9:00 AM To: JEFF BALES; Berns Larry Cc: Wiebke, Dean [DOT]; Brunscheon, Thomas [DOT] Subject: STP -U-8155(731)-70-07 FHWA Authorization Jeff and Larry, FHWA authorization for SA#1 has been received. Please print the attached document for your files. I will sign and date SA#1 today. The City may direct Ament to proceed as it sees fit. I will return two originals to the City, but please be aware that the District is transitioning to email distribution of scanned documents rather than mailing originals unless there is a compelling reason to do otherwise. For example, if a municipal ordinance requires an original, one will be provided. That municipality will also be asked to review the need for such an ordinance. It is unfortunate the approval took so long. I know the unusual increase from the $4k base agreement to the $500k supplemental raised questions. I am sure the holidays did not help, either. Robert A. Welper P.E. District 2 Local Systems Engineer 1420 Fourth Street SE Mason City, IA 50401 (641) 422-9467 1/7/2013 Run Date 01/03/2013 Run Time 09:36:17 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION FEDERAL -AID PROJECT MODIFICATION STATE: IOWA PROJECT NO:8155(731) STATE PROJ. NO(S): 70078155731 DESCRIPTION: Along Kimball Ave. from Tower Park Drive to Acadia Street in Waterloo. - PE CLASSIFICATION OF PHASE OF WORK: PENG NO: 1 Report: FMISDO6A Page 1 THE PROJECT AGREEMENT FOR THE ABOVE -REFERENCED PROJECT ENTERED INTO BETWEEN THE UNDERSIGNED PARTIES AND EXECUTED BY THE DIVISION ADMINISTRATOR ON 09/13/2012 IS HEREBY MODIFIED AS FOLLOWS: PROGRAM URBAN/ FORMER AMOUNT REVISED AMOUNT CODE WITH H200 ESTIMATED TOTAL OF PROJECT $0.00 $499,074.00 FEDERAL FUNDS $0.00 $399,259.20 ADV CONSTRUCTION FUNDS $0.00 $0.00 PERCENT FEDERAL SHARE 80.00% L200 ESTIMATED TOTAL OF PROJECT $4,000.00 $4,000.00 FEDERAL FUNDS $3,200.00 $3,200.00 ADV CONSTRUCTION FUNDS $0.00 $0.00 PERCENT FEDERAL SHARE 80.00% 80.00% STATE REMARKS: STP -U-8155(731)-70-07 - AMEND MOD. #1 - FA 80/20, STIP $1,488,000, Item# 30338. Request for additional PE shown under (H200) as per S.A. #1. The NEPA remains incomplete. STP -U-8155(731)-70-07, FA 80/20, STIP $372,000, Item# 20677. Request for all phases of PE. Final design will not begin until after the NEPA process is complete. In accordance with FHWA E -Mail dated 10/18/2010 this agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf. DIVISION REMARKS: A copy of the Supplemental Agreement was requested and reviewed. TParham 1/3/2013 ALL OTHER TERMS AND CONDITIONS OF THE PROJECT AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT. DEPARTMENT OF TRANSPORTATION AVAILABLE FUNDS CERTIFIED BY: APPROVAL RECOMMENDED BY: APPROVED AND AUTHORIZED BY: FEDERAL HIGHWAY ADMINISTRATION APPROVAL RECOMMENDED BY: APPROVED AND AUTHORIZED BY: MODIFICATION APPROVED BY: DANIEL C. STOKES DANIEL C. STOKES DANIEL C. STOKES PETER E. JENSEN PETER E. JENSEN DIANA L. WATTS DATE: 11/20/2012 DATE: 11/20/2012 DATE: 11/20/2012 DATE: 01/02/2013 DATE: 01/02/2013 DATE: 01/03/2013 Page 1 of 2 JEFF BALES From: JEFF BALES Sent: Wednesday, September 26, 2012 5:35 PM To: 'Berns Larry' Subject: Kimball Avenue Transportation Improvements Project - Signed Professional Services Agreement Larry, Please consider this e-mail your "Notice -To -Proceed" with work under the below -referenced professional services agreement for wetland delineation field work on the Kimball Avenue Transportation Improvements project - effective September 26th, 2012. Jeff Bales Associate Engineer City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 319-291-4312 From: Welper, Robert [DOT] [mailto:Robert.Welper@dot.iowa.gov] Sent: Wednesday, September 26, 2012 3:15 PM To: JEFF BALES Cc: Berns Larry; Mohorne, Willie [DOT] Subject: RE: Kimball Avenue Transportation Improvements Project - Signed Professional Services Agreement Jeff, For some reason your email was quarantined and I did not get the notice to release it until several minutes ago. I will need to get that fixed. My single comment regarding Section 1.4.3 has been addressed. I will sign and date the email version with today's date and do the same with the originals being sent by mail. The City may direct Ament to proceed as it sees fit. Bob From: JEFF BALES [mailto:JEFF.BALES@WATERLOO-IA.ORG] Sent: Wednesday, September 26, 2012 9:52 AM To: Welper, Robert [DOT] Cc: Berns Larry Subject: Kimball Avenue Transportation Improvements Project - Signed Professional Services Agreement Bob, Attached is the signed agreement for your approval and authorization. I'm mailing you 4 originals today. Please let me know when I can issue Ament a notice -to -proceed. Jeff Bales Associate Engineer City of Waterloo 715 Mulberry Street 1/7/2013 Page 2 of 2 Waterloo, Iowa 50703 319-291-4312 From: Berns Larry [mailto:lberns@ament.com] Sent: Tuesday, September 25, 2012 11:30 AM To: JEFF BALES Subject: G00412.10 [WLO Engr. - Kimball Avenue Trans. Impr.] -- Base Agreement Approval by City - Draft Environmental Studies Notification Letter Jeff, Did our Base Agreement for wetlands delineation field work only get approved by the City Council last night? The attached environmental studies notification letter that is to be sent to a few select property owners along the Project corridor is submitted for your review and approval. We would like to mail them out today or tomorrow at the latest so that the field work can proceed by next Monday, October 1, 2012 ... if we have Notice to Proceed from the FHWA and the Iowa DOT by then. We would also like to notify Iowa One Call today or tomorrow also so that existing underground utilities can be marked in the field prior to EarthView Environmental, L.L.C. (EVE)'s field work. Thanks. Larry D. Berns, P.E. Sr. Project Engineer Ament, Inc. 625 32nd Avenue SW • Cedar Rapids, IA 52404 T 319-378-1401 ext 118 • F 319-378-1975 Iberns@ament.com www.ament.com Remarkable Service...Superior Results DISCLAIMER: This message contains confidential information and is intended only for the individual(s) named. If you are not the named addressee, you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender, therefore, does not accept liability for any errors or omissions in the contents of this message which arise as a result of e-mail transmission. If verification is required, please request a hard -copy version. Ament Inc., 625 32nd Avenue SW, Cedar Rapids, IA 52404. 1/7/2013 Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 Iowa DOT Project No. STP -U-8155(731)--70-07 Owner Project No. 843 Professional Services Agreement for Kimball Avenue Transportation Improvements Project – from 500 Feet South of Tower Park Dr to Acadia St Supplemental Agreement No. 1 This is an AGREEMENT, made as of the third (3rd) day of December in the year 2012 ; by and BETWEEN the City of Waterloo, Iowa, identified as the Owner ; City of Waterloo, Iowa City Hall 715 Mulberry Street Waterloo, IA 50703 and the Consultant ; Ament, Inc. -- 625 32nd Avenue SW Cedar Rapids, IA 52404 a for the following Project: The parties hereto entered into an agreement dated the twenty-fourth (24th) day of September, 2012 for survey, design and preparation of plans, specifications, and estimates for the Kimball Avenue Transportation Improvement Project – from 500 Feet South of Tower Park Drive to Acadia Street in Black Hawk County. The Owner shall proceed with the preparation of final design, plans, specifications and estimates for the improvements, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT) — and the Federal Highway Administration (FHWA) (when applicable). The Owner desires to employ the Consultant to provide additional work in connection with preliminary survey and engineering services in connection with the design and preparation of plans, specifications and estimates for the improvements. The Consultant is willing to perform such engineering work in accordance with the terms hereinafter provided and warrants that it is in compliance with Iowa statutes relating to the licensure of professional engineers. Page 1 of 41 TABLE OF CONTENTS Article Number And Description 1 Initial Information 1.1 Project Parameters 1.2 Financial Parameters 1.3 Project Team 1.4 Time Parameters 2 Scope Of Services And Other Special Terms And Conditions 2.1 Enumeration of Parts of the Agreement 3 Form of Compensation 3.1 Method of Reimbursement 3.2 Subconsultant 4 Terms And Conditions 4.1 Ownership of Engineering Documents 4.2 Revision of Plans 4.3 Extra Work 4.4 Progress Meetings 4.5 Additional Plans 4.6 Termination of Agreement 4.7 Extension of Time 4.8 Mediation 4.9 Arbitration 4.10 Responsibility for Claims and Liability 4.11 Non -Raiding Clause 4.12 General Compliance with Laws 4.13 Subletting, Assignment or Transfer 4.14 Forbidding Use of Outside Agents 4.15 Consultant's Endorsement on Plans 4.16 Compliance with Title 49, Code of Federal Regulations 4.17 Access to Records 4.18 Iowa DOT and Federal Highway Administration Participation 4.19 Severability 4.20 Choice of Law and Form Attachment A - Scope of Services Attachment B - Specifications Attachment C - Fees and Payments Attachment C-1 - Cost Analysis Sheet Attachment D - Intentionally Omitted Attachment E - Intentionally Omitted Attachment F - Intentionally Omitted Attachment G - Sample Invoice Form (if not part of Base Agreement) Attachment H - Consultant Fee Schedule (Staff Hour Estimate) Attachment H-1 - Consultant Fee Schedule (Terracon Consultants, Inc.) Attachment H-1 - Consultant Fee Schedule (HDR Engineering, Inc.) Attachment H-1 - Consultant Fee Schedule (EarthView Environmental, L.L.C.) Attachment H-1 - Consultant Fee Schedule (Tallgrass Historians L.C.) Attachment H-1 - Consultant Fee Schedule (Robinson Engineering Company) Page 2 of 41 Iand ARTICLE 1 INITIAL INFORMATION 1.1 This Agreement is based on the following information and assumptions. Project Parameters The objective or use is: Perform preliminary surveys and engineering services, including the preparation of property acquisition plats and exhibits, in connection with the design and preparation of plans, specifications and estimates for the proposed improvements. 1.2 Financial Parameters 1.2.1 The financial parameters are; — Amount of the Owner's budget for the Consultant's compensation is: Four hundred ninety nine thousand seventy four and 00/100 dollars ($499,074.00) 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: One hundred sixty three thousand one hundred four and 00/100 dollars ($163,104.00) 1.2.3 Costs for this Agreement will be integrated with all previous agreements with the Consultant utilizing the same contract number. 1.3 Project Team 1.3.1 The Owner's Designated Representative identified as the Contract Administrator is: Jeff Bales – Associate Engineer, City Engineering Department The Contract Administrator is the authorized representative, acting as liaison officer for the Owner for purpose of coordinating and administering the work under the Agreement. The work under this Agreement shall at all times be subject to the general supervision and direction of the Contract Administrator and shall be subject to the Contract Administrator's approval. 1.3.2 The Consultant's Designated Representative is: Larry D. Berns, P.E. – Project Manager 1.3.3 The subconsultants retained at the Consultant's expense are: HDR Engineering, Inc Robinson Engineering Company [Disadvantaged Business Enterprise – (DBE)] — Terracon Consultants, Inc. EarthView Environmental, L.L.C. [Disadvantaged Business Enterprise – (DBE)] Tallgrass Historians L.C. [Disadvantaged Business Enterprise – (DBE)] 1.4 Time Parameters 1.4.1 Date to Proceed: Consultant is to begin work under this Agreement upon receipt of a written notice to proceed from the Owner. — 1.4.2 Preliminary design plans including type/size/location for all structures (preliminary design) and detail elements for a design public meeting and construction right-of-way needs shall be completed and accepted on or before August 13, 2013 or two hundred twenty five (225) calendar days after receiving the notice to proceed (whichever is greater). 1.4.3 The Consultant shall not begin final design activities until after the Owner has been notified by the — Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the Owner will provide the Consultant notice to proceed with final design activities. 1.4.4 Final design, contract plans and specifications and estimates shall be completed and accepted on or before November 19, 2013 or ninety (90) calendar days after receiving the notice to proceed with final design (whichever is greater). ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 2.1 Enumeration of Parts of the Agreement. Page 3 of 41 2.1.1 The work to be performed by the Consultant under this Agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver the scope of services provided in Attachment A. 2.1.2 All services herein required and provided shall be in conformity with the applicable Iowa DOT Standards, Design Guides and Specifications and Title 23, Code of Federal Regulations, Part 625, as outlined in Attachment B. In addition, applicable sections of the U.S. Department of Transportation Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications and estimates. 2.1.3 Other documents as follows: .1 Fees and Payments - Attachment C — .2 Cost Analysis Sheet - Attachment C-1 .3 Consultant Fee Schedule (Staff Hour Estimate) - Attachment H .4 Consultant Fee Schedule (Terracon Consultants, Inc.) - Attachment H-1 .5 Consultant Fee Schedule (HDR Engineering, Inc.) - Attachment H-1 .6 Consultant Fee Schedule (EarthView Environmental, L.L.C.) - Attachment H-1 .7 Consultant Fee Schedule (Tallgrass Historians L.C.) - Attachment H-1 .8 Consultant Fee Schedule (Robinson Engineering Company) - Attachment H-1 2.1.4 Refer to the Base Agreement for documents as follows: .1 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Attachment D .2 Certification of Consultant - Attachment E .3 Certification of Owner - Attachment F .4 Sample Invoice Form - Attachment G ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement 3.1.1 For the Consultant's services as described under Article 2, compensation shall be computed in accordance with the Cost Plus Fixed Fee compensation method, as defined in Attachment C. 3.2 Subconsultant 3.2.1 The Consultant shall require the subconsultants (if applicable) to notify them if they at any time determine that their costs will exceed their estimated actual costs. The Consultant shall not allow the — subconsultants to exceed their estimated actual costs without prior written approval of the Contract Administrator. The prime Consultant is cautioned that cost under -runs associated with any subconsultant's contract are not available for use by the prime Consultant unless the Contract — Administrator has given prior written approval and the Iowa DOT and the FHWA (when applicable) concurs. ARTICLE 4 TERMS AND CONDITIONS 4.1 Ownership of Engineering Documents 4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the Owner and shall be delivered to the Contract Administrator upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitation on their future use by the Owner, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the Owner's sole risk and without liability or legal exposure to the Consultant. 4.1.2 The Owner acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the Owner upon completion of the — services and payment in full of all moneys due to the Consultant. Page 4 of 41 41.3 The Owner and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment B. All electronic files will be submitted to the Owner by the Consultant on CD or other mutually agreed upon medium. Any change to these specifications by either the Owner or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. 4.1.4 The Owner is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. 4.1.5 The Owner may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 4.2 Revision of Plans 4.2.1 Drafts of work products shall be submitted to the Contract Administrator by the Consultant for review and comment. The comments received from the Contract Administrator and the reviewing agencies shall be incorporated by the Consultant prior to submission of the final work product by the Consultant. Work products revised in accordance with review comments shall constitute "satisfactorily completed and accepted work". Requests for changes on work products by the Contract Administrator shall be in writing. In the event there are no comments from the Contract Administrator or reviewing agencies to be incorporated by the Consultant into the final work product, the Contract Administrator shall immediately notify the Consultant, in writing, that the work product shall constitute "satisfactorily completed and accepted work". 4.2.2 In the event that the work product prepared by the Consultant is found to be in error and revision or reworking of the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the Owner, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be construed as a limitation of the Owner's right to seek recovery of damages for negligence on the part of the Consultant herein. 4.2.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed and accepted work product or parts thereof revised, the Consultant shall make such revisions if requested and directed by the Contract Administrator in writing. This work will be paid for as provided in Article 4.3. 4.3 Extra Work 4.3.1 If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this Agreement, and constitutes "Extra Work", it shall promptly notify the Contract Administrator in writing to that effect. In the event that the Contract Administrator determines that such work does constitute "Extra Work", the Owner will provide extra compensation to the Consultant upon the basis of actual costs plus a fixed fee amount, or at a negotiated lump sum. Unless written approval for "Extra Work" has been secured in advance from the Contract Administrator, and the Iowa DOT and the FHWA (when applicable) concurs, no claims will be allowed. However, the Owner shall have benefit of the service rendered. _ 4.4 Progress Meetings 4.4.1 From time to time as the work progresses, conferences will be held at mutually convenient locations at the request of the Contract Administrator to discuss details of the design and progress of the work. The Consultant shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the Contract Administrator, to enable the Contract Administrator to pass judgment on the features and progress of the work. 4.5 Additional Plans Page 5 of 41 4.5.1 At the request of the Contract Administrator, the Consultant shall fumish sufficient prints of plans or other data in such detail as may be required, for the purposes of review of details and for plan -in -hand and field check inspections. 4.6 Termination of Agreement 4.6.1 In the event of the death of any member or partner of the Consultant's firm, the surviving members shall complete the work, unless otherwise mutually agreed upon by the Owner and the survivors. 4.6.2 The right is reserved by the Owner to terminate this Agreement at any time upon not less than thirty (30) days' written notice to the Consultant. 4.6.3 In the event the Agreement is terminated by the Owner without fault on the part of the Consultant, the Consultant shall be paid for the reasonable and necessary work performed or services rendered and delivered up to the effective date or time of termination. The value of the work performed and services rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Contract Administrator and to the Consultant. The Consultant shall be paid a portion of the fixed fee, plus actual costs. The portion of the fixed fee shall be based on the ratio of the actual costs incurred to the estimated actual costs contained in Attachment C. Actual costs to be reimbursed shall be determined by audit of such costs to the date established by the Contract Administrator in the termination notice, except that actual costs to be reimbursed shall not exceed the Estimated Actual costs, plus any authorized contingency. 4.6.4 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the Consultant shall be paid only for work satisfactorily performed and delivered to the Contract Administrator up to the date established by the termination notice. After audit of the Consultant's actual costs to the date established by the Contract Administrator in the termination notice and after determination by the Contract Administrator of the amount of work satisfactorily performed, the Contract Administrator shall determine the amount to be paid to the Consultant. 4.6.5 The right is reserved by the Owner to suspend this Agreement at any time. The Contract Administrator may effect such suspension by giving the Consultant written notice, and it will be effective as of the date established in the suspension notice. Payment for the Consultant's services will be made by the Owner to the date of such suspension, in accordance with paragraph 4.6.3 above. 4.6.6 Should the Owner wish to reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days' written notice within a period of one year after such suspension, unless this period is extended by written consent of the Consultant. 4.6.7 This Agreement will be considered completed when the construction of the project has progressed sufficiently to make it clear that the construction can be completed without further revisions in that work, or if the Consultant is released prior to such time by written notice from the Contract Administrator. 4.7 Extension of Time 4.7.1 The time for completion of each phase of this Agreement shall not be extended because of any delay attributed to the Consultant, but may be extended by the Contract Administrator in the event of a delay attributed to the Owner or the Contract Administrator, or because of unavoidable delays caused by an act of God, war, government actions, or similar causes beyond the reasonable control of the Consultant. 4.8 Mediation 4.8.1 In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Owner and the Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The Owner and the Consultant further agree to include a similar mediation provision in all agreements with independent contractors and Consultants retained for the project and to require all independent contractors and Consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, Page 6 of 41 thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 4.9 Arbitration 4.9.1 In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement in accordance with Paragraph 4.8, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and pursuant to the arbitration procedures set out in Iowa Code Chapter 679A. Any arbitration pursuant to this law paragraph or mediation pursuant to Paragraph 4.8.1 shall occur in Black Hawk County, Iowa. l- 4.10 Responsibility For Claims And Liability 4.10.1 The Consultant shall defend, indemnify and save harmless the Owner, the Iowa Department of Transportation, the State of Iowa, its agencies, agents, employees and assignees and the Federal Government from all claims and liabilities due to design error, omission or negligent act of the Consultant, its members, agents, stockholders, or employees in connection with performance of this Agreement. 4.11 Non -Raiding Clause 4.11.1 The Consultant shall not engage the services of any person or persons, then in the employment of the Owner, for work covered by this Agreement without the written consent of the employer of such person. 4.12 General Compliance With Laws 4.12.1 The Consultant shall comply with all Federal, State and Local laws and ordinances applicable to the work. 4.13 Subletting, Assignment Or Transfer 4.13.1 Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Contract Administrator and the Iowa DOT and — the FHWA (when applicable) concurs. 4.14 Forbidding Use of Outside Agents — " "" " The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Owner shall have the right to annul the Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, or counterpart fee. 4.15 Consultant's Endorsement On Plans 4.15.1 The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer or architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 4.16 Compliance With Title 49, Code Of Federal Regulations 4.16.1 During the performance of this Agreement, the Consultant and its assignees and successors in interest agree as follows: 4.16.1.1 Compliance with Regulations Page 7 of 41 4.16.1.1.1 The Consultant will comply with the regulations of the U.S. Department of Transportation, relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. 4.16.1.2 Nondiscrimination 4.16.1.2.1 The Consultant, with regard to the work performed by it, will not discriminate on the grounds of race, religion, age, physical disability, color, sex or national origin in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant will not participate, either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in the Regulations. 4.16.1.3 Solicitation for Subconsultants, Including Procurement of Materials and Equipment 4.16.1.3.1 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligation under this _ contract and the regulations relative to nondiscrimination on the grounds of race, religion, age, physical disability, sex, or national origin. 4.16.1.4 Disadvantaged Business Enterprises 4.16.1.4.1 The Consultant or its subconsultants agree(s) to ensure that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this — Agreement. In this regard the Consultant and all of its subconsultants shall take all necessary and reasonable steps in compliance with the Iowa DOT DBE Program to ensure disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The Consultant and their subconsultants shall not discriminate on the basis of race, religion, age, physical disability, color, sex or national origin in the award and performance of U.S. DOT assisted contracts. If, as a condition of assistance, the Iowa DOT has submitted to the U.S. DOT, or the Consultant has submitted to the Iowa DOT, and the U.S. DOT or Department has approved a disadvantaged business enterprise affirmative action program which the Iowa DOT and/or Consultant agrees(s) to carry out, this program(s) is incorporated into this Agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the Consultant of its failure to carry out the approved program, the Owner, the Iowa DOT, and/or the U.S. DOT shall impose sanctions, which may include termination of the Agreement or other measures that may affect the ability of the Consultant to obtain future U.S. DOT financial assistance. The Consultant or any of its subconsultants are hereby advised that failure to fully comply with the Iowa Department of Transportation's DBE Program shall constitute a breach of contract and may result in termination of this Agreement or agreement(s) by the Owner or such remedy as the Owner deems appropriate. Refer to Article 4.6 of the Agreement. 4.16.1.5 Information and Reports 4.16.1.5.1 The Consultant will provide all information and reports required by the regulations, orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner, the Iowa DOT, or the — FHWA, to be pertinent to ascertain compliance with regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Owner, the Iowa DOT, or the FHWA, as appropriate, and shall set forth what efforts it has made to obtain information. 4.16.1.6 Sanctions for Noncompliance Page 8 of 41 4.16.1.6.1 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the Owner shall impose such contract sanctions as it, the Iowa DOT, or the FHWA, may determine to be appropriate, including, but not limited to: ...1.6.1.1 Withholding of payments to the Consultant under the Agreement until the Consultant complies, and/or ...1.6.1.2 Cancellation, termination or suspension of the Agreement, in whole or in part. 4.16.1.7 Incorporation of Provisions 4.16.1.7.1 The Consultant will include the provisions of Article 4.16.1.1 through 4.16.1.6 of this Agreement in every subagreement, including procurements of materials and lease of equipment, unless exempt by - the regulations, orders or instructions issued pursuant thereto. The Consultant will take such action with respect to any subagreement or procurement as the Owner, Iowa DOT, or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or — supplier as a result of such direction, the Consultant may request the Owner, the Iowa DOT, or the Untied States to enter into such litigation to protect the interests of the Owner , the Iowa DOT, and the Unites States, respectively. 4.17 Access To Records 4.17.1 The Consultant is to maintain all books, documents, papers, accounting records and other evidence — pertaining to this Agreement and to make such materials available at their respective offices at all reasonable times during the agreement period, and for three years from the date of final payment under the Agreement, for inspection and audit by the Owner, Iowa DOT, FHWA, or any authorized representatives of the Federal Government; and copies thereof shall be furnished, if requested. 4.18 Iowa DOT and Federal Highway Administration Participation — 4.18.1 The work under this Agreement shall be contingent upon and subject to the approval of the Iowa DOT and the Federal Highway Administration (if applicable). The Iowa DOT and the Federal Highway Administration shall have the right to participate in the conferences between the Consultant and the Owner and to participate in the review or examination of the work in progress. 4.19 Severability If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. 4.20 Choice of Law and Form The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in the Black Hawk County District Court for the State of Iowa, Waterloo, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the Owner. Page 9 of 41 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below indicated. 4ment, Inc. \Jimmy\D. Rose, L.S. �`ppresideit f Water! • o (17 r finest G. "=uc ` Clark Mayor Iowa Department of Transportation Accepted for FHWA Authorization` By:- diZ2'7 Robert Welper, P.E. Local Systems Engineer District 2 Office Date: /I) IX Pre /? ; lamed ATTACHMENT A Scope of Services Proiect Identification — The Kimball Avenue Transportation Improvements Project corridor extends from a point between the U.S. 20 overpass and the Tower Park Drive intersection to the north leg of the Ridgeway Avenue intersection – almost to the Acadia Street intersection. The Project mainline corridor – from 500 feet south of the centerline of Tower Park Drive to the centerline of Acadia Street – is approximately 5,996 feet (1.14 miles) in length and includes the `_, associated frontage road that parallels the mainline roadway on its west side. The Project side road corridor for San Maman Drive – from approximately 1,320 feet west of the centerline of Kimball Avenue (near the Jonathan Street intersection) to approximately 1,320 feet east of the centerline of Kimball Avenue (near the Shoppers Boulevard intersection) – is approximately 2,640 feet (0.50 miles) in length. The Project side road corridor for Park Lane – from approximately 450 feet west of the centerline of Kimball Avenue to approximately 450 feet east of the centerline of Kimball Avenue – is approximately 900 feet (0.17 miles) in length. The Project side road corridor for Ridgeway Avenue – from approximately 600 feet west of the centerline of Kimball Avenue to approximately 600 feet east of the centerline of Kimball Avenue – is approximately 1,200 feet (0.23 miles) in length. Kimball Avenue is classified as a Minor Arterial – its Federal functional classification. The roadway has an urban — section with curb and gutter and a storm sewer system. The roadway is typically 53 feet wide back-to-back (B -B) throughout the study corridor – providing two (2) 12 -foot -wide travel lanes in each direction – for both northbound and southbound traffic – and a 2.5 -foot -wide curb -and -gutter section on both sides of the roadway. San Marnan Drive and Ridgeway Avenue are also classified as Minor Arterials within the Project limits. The posted speed limit for Kimball Avenue within the Project corridor is 35 miles per hour (mph). Most of the intersecting side streets have a posted (or un -posted) speed limit of 25 mph in the vicinity of Kimball Avenue. However, San Marnan Drive has a posted speed limit of 45 mph and Ridgeway Avenue has a posted speed limit of 35 mph. The majority of the existing land use along the Kimball Avenue Project corridor is commercial. The entire west side of the Project corridor is comprised of commercial developments. There is, however, some residential development within (or near) the corridor on the east side of the roadway – at the south end near US 20 and between Rachael Street and a point just north of Park Lane. There is also a large church property (Central Christian Church) on the east side of Kimball Avenue just south of the Rachael Street intersection. There are currently only two undeveloped properties within the Project corridor and they are located on the east side of Kimball Avenue. One is located at the south end of the corridor between US 20 and Anderson Drive. It has a frontage width along Kimball Avenue of approximately 230 feet. The second property is located between Park ,_ Lane and the private drive located across from the Kimball Avenue Frontage Road (North Intersection). It has a frontage width along Kimball Avenue of approximately 500 feet. The Kimball Avenue Project corridor includes nine (9) public street intersections and eight (8) commercial driveways. Also, there are four (4) other public intersections within the Project corridor, located just west of the Kimball Avenue roadway, that provide access between certain intersecting side streets and the Kimball Avenue Frontage Road that parallels Kimball Avenue on its west side. The Kimball Avenue Frontage Road extends a) from Brookeridge Drive to approximately 600 feet south of Park Lane to a T -intersection identified as the Kimball Avenue Frontage Road (S Intersection) and b) from Park Lane to approximately 430 feet south of Ridgeway Avenue to a four -legged intersection identified as the Kimball Avenue Frontage Road (N Intersection). The east leg of this intersection is a private drive. The PROJECT will be let by the STATE (Iowa DOT). The OWNER intends to construct this project under one (1) contract – planned for 2014 through 2015 – which will include roadway reconstruction and widening, storm sewer and other utility reconstruction, and traffic signal system upgrades. Major Project Tasks • Project Management • Public Involvement Pian • Research and Data Collection including: o Geotechnical Services o Environmental Services Page 11 of 41 • Control, Boundary, Utility, Drainage, Topographic, and Pick-up Surveys — • Engineering Design; Plans, Specifications, and Construction Cost Opinion Development; and Special Provisions, if Needed • Permit Applications • Property Acquisition Documents (Plat and Exhibits with Legal Descriptions) • Contractor Procurement Activities Proiect Understanding The Project involves the construction of improvements identified as Alternate 2 in the Kimball Avenue Traffic Study Summary Report dated February 28, 2011, which provides for a five -lane roadway section for Kimball Avenue along the majority of the Project corridor's length – approximately 1.1 miles, from Tower Park Drive (located just south of San Marnan Drive) to north of Ridgeway Avenue (near Acadia Street). A six -lane roadway is proposed for the Kimball Avenue roadway segment located between San Maman Drive and the San Maman Drive Frontage Road. The Project also includes the widening of the San Marnan Drive and Ridgeway Avenue approaches to Kimball Avenue and the possible widening of the Park Lane approaches to Kimball Avenue. The Project will include the following improvements for the Kimball Avenue Transportation Improvements Project corridor(s): • Reconstructing and widening Kimball Avenue from just north of Tower Park Drive to just south of Acadia Street; • Widening both approaches of San Maman Drive to provide additional auxiliary tuming lanes; • Adding a connector roadway between San Maman Drive and the San Maman Drive Frontage Road (east of Kimball Avenue) with a right -in / right -out intersection for the westbound lanes of San Marnan Drive; • Modifying the San Marnan Drive Frontage Road intersection to eliminate westbound left tum movements onto Kimball Avenue; • Widening both approaches of Ridgeway Avenue to provide additional auxiliary tuming lanes; and; • Upgrading and modifying the five (5) existing traffic signal installations along the Project corridor to accommodate the proposed roadway widening and upgrading and modifying the existing traffic signal interconnection system for these five (5) traffic signal installations so as to provide improved traffic flow and signal progression within the Project corridor. Other improvements that are to be constructed for the Kimball Avenue Transportation Improvements Project corridor(s) include: • Adding an exclusive right -turn lane along the north side of San Maman Drive between Pheasant Lane and Kimball Avenue for westbound San Maman Drive traffic tuming onto Pheasant Lane; • Widening both approaches of Park Lane to provide auxiliary left -tum lanes, if impacts to adjacent properties, identified during conceptual design development, and associated costs are not prohibitive; • Adding a connector roadway between Kimball Avenue and the Kimball Avenue Frontage Road (between Brookeridge Drive and Rachael Street) with either a right -in / right -out intersection for the southbound lanes of Kimball Avenue or a 3/4 -access T -intersection that prohibits eastbound left -tum movements; and • Relocating the Kimball Avenue Frontage Road (N intersection) / private drive intersection to the south – closer to the mid -way point between Park Lane and Ridgeway Avenue, which will serve as the access point for existing developments as well as for the undeveloped property on the east side of Kimball Avenue, if acceptable to the OWNER. Page 12 of 41 t,. Larail lammd Scope of Services The scope of services to be performed by the ENGINEER shall be completed in accordance with generally accepted standards of practice and shall include the services and supplies to perform tasks listed below. The Project involves: project management; utility coordination; research and data collection including design surveys; additional traffic study and analysis; environmental documentation; public involvement and stakeholder input; conceptual, preliminary, check, and final design including prioritization of proposed improvements; preparation of contract documents (plans, specifications, cost opinions); assistance with permits; assistance with property acquisitions; and construction -related services including construction staking; on-site field reviews; construction observation and documentation; materials testing; record drawings, and construction administration including project close-out – for the proposed improvement (roadway reconstruction, pavement widening, and traffic and public utility improvements) of the Kimball Avenue project corridor from 500 feet south of the centerline of Tower Park Drive (north of the U.S. 20 overpass) to just south of Acadia Street (approximately 425 feet north of Ridgeway Avenue) and intersecting side road approaches. The following provides a description of the tasks to be performed and identification of the proposed work. I. Project Management A. Project Team Kick -Off Meeting – This meeting shall include members of the Project Team (ENGINEER, some, but riot all, of ENGINEER's Consultants, and OWNER). The goal of the meeting is to define and clarify the OWNER's requirements for the Project, to obtain available data, to develop a detailed project plan regarding data delivery and format, and to discuss and clarify key project issues. Some participating ENGINEER's Consultant's staff may participate in this meeting via teleconference. B. Track Project Schedule – This task involves tracking the project design schedule throughout the length of the design services phase. This will be done to determine if the performance of the design services is in conformance with the project schedule. If the project is not on schedule, ENGINEER will present an approach for bringing the project back on schedule. This task includes the preparation of written instructions for project staff providing background, names of contacts, communications procedures, responsibilities, schedule and budget information, and other important elements for the project. This task also includes the development of a graphic project schedule indicating critical dates, milestones, and deliverables and the preparation of a detailed work plan with specific staff assignments, by task, corresponding to the schedule. C. Monitor Project Scope – This task involves monitoring the project scope throughout the length of the design services phase. This will be done to identify needed services that are not included in the scope of the design services contract. ENGINEER will make the OWNER representative aware of potential change orders to the design contract before the additional services are performed. D. Quality Control Plan – This task involves establishment of review and checking procedures for Project deliverables. The ENGINEER will designate responsibility for implementation of the plan. E. Project Design Review Meetings – This task involves attendance by ENGINEER at project design review meetings with representatives of the OWNER with participation by ENGINEER's Consultants on an "as needed" basis. ENGINEER's Consultant's staff may participate in these meetings via teleconference. Up to twelve (12) meetings are anticipated. HDR Engineering, Inc. staff will participate in up to six (6) project design review meetings. ENGINEER will keep, prepare, and distribute minutes of meetings to attendees in a timely manner. The purpose of these review meetings will be to: 1. present design issues, 2. request that additional information be provided by the OWNER and/or obtain clarification of information that has been provided by the OWNER, — 3. identify issues that have developed during project design, options to address these issues, advantages and disadvantages of these options, and the option that ENGINEER recommends, 4. update the project schedule, discuss project progress, and notify the OWNER whether or not the project is on schedule, 5. present an approach for bringing the project back on schedule if it is behind schedule, and 6. inform the OWNER of needed design services not included in the scope of the design services contract. F. Consultant Management – This task involves the preparation of subcontracts and work orders for I. ENGINEER's Consultants. This task also includes monitoring ENGINEER's Consultant activities, reviewing Page 13 of 41 ENGINEER's Consultant invoices, and submitting to the OWNER for payment. This task also includes reviewing ENGINEER's Consultant work for technical accuracy and conformance with project requirements. The Consultants that are anticipated are: • HDR Engineering, Inc. ,:, • Robinson Engineering Company [Disadvantaged Business Enterprise — (DBE)] • Terracon Consultants, Inc. • EarthView Environmental, L.L.C. [Disadvantaged Business Enterprise — (DBE)] • Tallgrass Historians L.C. [Disadvantaged Business Enterprise — (DBE)] G. Coordination with Utilities and Other Affected Entities — This task is intended to provide for the necessary coordination with other users of the project corridor — primarily franchise and public utilities. Ongoing input and related design consideration shall be included in the development of the design plans. This task — includes: 1. Attendance at up to two (2) Joint Utility Coordination Meetings with the OWNER; 2. Preliminary, check, and final plan submittals to utility companies for review of design impacts; .,, 3. On-site field reviews, as needed; and 4. Determination of right-of-way and easement requirements to accommodate utility facilities. it II. Public Involvement Plan The Public Involvement Plan (PIP) will involve a) the business owners, residents, and other property owners who will be most directly impacted by construction of the Project — those located along the Project corridor; b) other Project stakeholders who will be affected by Project construction, but not as directly, such as neighborhood associations and nearby schools, churches, hospitals, and major employers; and c) the general public. The Public Involvement Plan (PIP) for the Project will include: A. Development of a Property Owner and Stakeholder Database / Mailing Lists — This task includes the — development of a database and mailing lists for both business owners and residents in the Project corridor as well as other Project stakeholders, providing contact and property information (owner names, mailing addresses, phone numbers, e-mail addresses, property information, etc.) for use in providing notifications about the Project and for providing property information to the City to assist with property acquisitions. The OWNER will assist the ENGINEER with selecting property owners and other stakeholders to include in this database. B. Notification of Property Owners / Stakeholders — This task includes the preparation of letters (and envelopes, if needed) addressed to individual property owners along the Project corridor(s) and other Project stakeholders and the distribution of these letters via either conventional mail or electronic mail. The purpose of these notifications will be: 1. to request permission from individual property owners of the proposed Project to enter onto their property to perform the necessary topographic and land comer surveys and to perform environmental and geotechnical investigations, if needed; 2. to request information from individual property owners about their businesses, residences, and/or properties, such as: a. contact information; ,— b. hours of operation for businesses; c. peak hours and/or days or special events for businesses; d. parking requirements; e. special access requirements for physically challenged residents / employees; f. the existence of any drainage issues; g. the existence of any vehicle access or traffic congestion or parking issues; h. the existence of private underground facilities that could be impacted by the Project (septic / leach fields, drain tiles, irrigation systems, underground structures / vaults, etc.); and 3. to inform individual property owners and stakeholders of Public Information / Open House Meetings that are to be conducted. — C. Public Information / Open House Meetings — This task includes the development of the necessary exhibits for and facilitation of three (3) Public Information / Open House Meetings. Up to two (2) HDR Engineering, Inc. staff will be in attendance at each of these meetings also. The purpose of these meetings is to inform corridor businesses, residents, schools, churches, hospitals, other Project stakeholders, and the general public of the Project; to present the Project design as it is developed; and to obtain input and feedback that will aid in Page 14 of 41 tal making decisions regarding the proposed design. The OWNER will be responsible for scheduling the Public Information Meetings, reserving an appropriate meeting facility, and publishing notices of the Public Information Meetings in the local newspaper(s). D. Public Hearing — This task includes attendance at a City Council meeting when the OWNER will conduct a Public Hearing on the Plans, Specifications, and Cost Opinion for the Project. E. Individual Meetings with Selected Property Owners / Stakeholders — This task includes individual meetings/interviews with select property owners and stakeholders whose properties or facilities will be most impacted by construction of the Project. The purpose of these meetings is to obtain additional information on select properties and on property owner concerns and other issues related to potential Project impacts that will aid in making decisions regarding the proposed design. A total of fifteen (15) meetings are anticipated. F. Develop, Host, and Maintain Kimball Avenue Transportation Improvements Project Facebook® Page — This task includes the development, hosting, and ongoing maintenance and update of a Facebook® page for the Kimball Avenue Transportation Improvements Project. This Facebook® page will provide information such as: • Name of engineering consultant with contact information • E-mail capabilities to allow people to send questions and sign up for the newsletter • Anticipated Project development schedule • Public meeting dates • Copy of meeting handouts • Copy of printed newsletter • Listings of local resource groups with contact information • Maps and other exhibits The ENGINEER will be responsible for monthly updates to the Facebook® page. This will include labor, equipment, and software required to keep the Facebook® page active and current through Project letting. The OWNER will approve all Facebook page content prior to its public availability. G. Prepare Project Newsletters — This task includes preparing and distributing four (4) quarterly Project newsletters (primarily via electronic means) to disseminate information to Project stakeholders during the anticipated one-year design development period from Project concept statement submittal to Project letting. The OWNER will approve all newsletter content prior to their distribution. H. Prepare and Update a Frequently Asked Questions (FAQ) Document — This task includes preparing, updating, and distributing a Frequently Asked Questions (FAQ) document (primarily via electronic means) that contains answers to those questions most frequently asked about the Project by stakeholders and the general public. The OWNER will approve the content of the FAQ document prior to its distribution. I. Use Social Media for "Real -Time" Project Updates — This task includes the development of a Twitter® site to provide up-to-date Project information. This task will be performed only during Project construction. The OWNER will approve all Twitter® site content prior to its public availability. III. Research and Data Collection A. Research and Data Collection 1. Aerial Photography and Topography — This item includes the collection of digital mapping of aerial photography and topography and available GIS -based data comprising the best available information for the project area. This information will be obtained from the OWNER. 2. Property Owner Research — This item includes the collection of parcel maps including property lines, existing recorded plats of survey and subdivisions as well as existing easements, setback requirements, and property ownership information. This task includes research of the public record to obtain the last deed of record for each of the affected parcels. This information will allow for the creation of a database Page 15 of 41 lamal used for notification mailings, property values, and other information related to the Project. A total of approximately 100 parcels is anticipated. Robinson Engineering Company will perform this task. The OWNER will obtain Reports of Record Ownership and Liens for the parcels abutting the Project roadway corridors for which property acquisitions are required. 3. Record Drawing Research – The purpose of this item is to research and collect the record drawings available for the improvements affecting the Project area or those directly affected by the Project design. — This shall include both public and private improvement record drawings. This item shall also include the collection of available site plans for properties adjacent to the Project corridor. Proposed driveway entrances and building locations will be reviewed. — This task includes obtaining record drawings for the five (5) existing traffic signal installations and the existing signal interconnection system located within the Project corridors. This includes information on traffic signal equipment, layout, wiring, phasing, timing, etc. — 4. Encroachment Research – This item includes performing research related to approved easement and right-of-way encroachments of the Project corridor. This information will relate directly to project schedule and, possibly, project cost. Robinson Engineering Company will perform this task. 5. Utility Research – This item includes research with the franchise utilities (gas, electric, telephone, cable television, fiber optic, etc.), and public utilities (sanitary sewer; storm sewer; and water main) for information within the Project area regarding transmission and distribution lines and service laterals. This — includes information related to existing facilities and facilities planned for construction during the design life of the proposed improvements. 6. Traffic Volumes – This item includes the collection of the best available information related to existing traffic volumes and design year Average Daily Traffic (ADT) projections for the project roadway segment, including truck traffic percentages by classification. 7. Soil Data Collection – This item includes the collection of the best available information related to soil types for the purpose of hydrology calculations, restoration, ground water levels and bedrock levels. This information will be collected for the purpose of determining costs of construction and special construction issues and suitability of soils for the intended purpose such as roadway subgrade. 8. Land Uses – This item includes the collection of existing and proposed land uses within the project area. This information may be used in projecting traffic counts, providing for hydrology calculations, and developing sewer flow projections. 9. Hydrology/Hydraulics – This item is intended to include the collection of information related to the hydrology and hydraulics of the surface water within the project corridor. This includes information related to existing detention, hydraulics of significant structures, and other pertinent information related to the hydrology and hydraulics of the watershed. Robinson Engineering Company will assist with this task. 10. Applicable Design Standards – This item includes the collection and summarization of the design standards applicable to this project. 11. OWNER Staff Input – This item includes the collection and summarization of OWNER staff input regarding issues impacting Project design development. 12. Photographic / Video Review of Project Corridor(s) – This task includes the preparation of photographs and / or videotape of the project corridor obtained while traveling through the Project area. The purpose — of this task is to provide for the efficient review of the corridor during the design process. It may include times of peak hour traffic and drainage during rainfall events, if applicable. 13. Horizontal Control Surveys – This item includes the establishment of a maximum of fifteen (15) temporary horizontal control points (typically, 30" -long, 1/2" -diameter metal rebar) within the project corridor prior to construction. GPS methods utilizing The Iowa Real Time Network (NAD 83 datum, Iowa North Zone State Plane Coordinates) will be used to establish the project coordinate system. Page 16 of 41 14. Vertical Control Survey – This item includes the establishment of a maximum of twenty-three (23) temporary benchmarks within the project corridor on NAVD 88 or NGVD 29 datum, based on existing published OWNER benchmarks or other reliable vertical control points in the project vicinity. This will include determining elevations of the temporary horizontal control points mentioned above. 15. Reference Ties – This item includes the acquisition and documentation of reference ties for the horizontal control points for use in the recovery of these control points. Each temporary horizontal control point sketch will be recorded in the design plans. These sketches will include the X, Y values, monument — description, monument name, and a sketch showing ties to at least three (3) natural or manmade objects. The X, Y, Z values of the vertical control points will be recorded in the design plans also. 16. Boundary Surveys – This item includes the field and office tasks needed to perform the research and field measurements to determine the roadway right-of-way and intersecting property line locations along the Project corridor(s) to the extent necessary to prepare property acquisition plats and / or easement exhibits. Robinson Engineering Company will perform this task. 17. Utility Surveys – This item includes contacting utility owners of record or the "One Call" representative and requesting that buried utilities be marked in the field. This item also includes establishing coordinates and elevations (if possible) for utilities that fall within the limits of the Project and are visible or have been — marked on the ground by the utility owner. A coordinate listing of the points surveyed and a plot showing the field -surveyed utilities will be developed. The plot will depict the utility type and/or name and describe the utility. This task will include the inspection of existing utility structures (culverts, storm sewer intakes and manholes, sanitary sewer manholes, and other public utility structures) to determine their dimensions and the type, size, configuration, and elevation of any existing pipes or conduits that connect to these structures) and the preparation of utility structure inspection sheets to document this information. Robinson Engineering Company will inspect the existing utility structures and prepare the utility structure inspection sheets included in this task. The ENGINEER will field locate utility locations established by others. Excavation to expose buried utilities is not part of this contract. 18. Drainage Surveys – This item includes performing drainage surveys for major and minor drainage ways for cross culvert locations within the Project corridor(s). Two (2) major drainage way surveys are included in this scope. 19. Topographic Surveys – This item includes the field and office tasks to perform the research and field measurements to provide the necessary topographic information for the Project to supplement the survey data or mapping information already collected by the OWNER or others within the Project corridor in — recent years. The information to be collected includes topography and visible permanent improvements and features. It is anticipated that the survey corridor widths will be as follows: • approximately 150-225 feet in width along Kimball Avenue / Kimball Avenue Frontage Road (the — main line); • approximately 150 feet in width along Ridgeway Avenue (side road); • approximately 100-150 feet in width along approximate possible centerline alignment of possible relocated private drive near mid -way point between Park Lane and Ridgeway Avenue — intersections (side road); • approximately 100 feet in width along Tower Park Drive, E San Maman Drive Frontage Road, Brookeridge Drive, Rachael Street, and Park Lane (side roads); and • approximately 150-250 feet in width along San Marnan Drive (side road). It is anticipated that ground-based LiDAR scanning equipment will be used to collect topographic surveying data along Kimball Avenue and its intersecting side roads. 20. Geotechnical Services – This item includes the necessary field and office services to provide geotechnical information necessary for the project. This task will include subsurface exploration consisting of a maximum of fifteen (15) soil borings to a depth of about five (5) feet below existing grade – — obtained throughout the Project corridor and a maximum of twelve (12) existing pavement cores – obtained throughout the Project corridor, if record drawings are unavailable to provide existing pavement type and thickness information. This task will also include laboratory evaluation of the samples collected tome Page 17 of 41 and preparation of a summary report of the analyses performed. The report will contain the following items: a. computer-generated boring logs with soil stratification based on visual soil classification, b. summarized laboratory data, c. groundwater levels observed during drilling and sampling and after delayed water level observations (where performed), d. boring location plan, e. subsurface exploration procedures, f. encountered soils conditions, g. design values for allowable bearing capacity for shallow box culvert foundations, h. estimated total and differential settlement of box culvert foundations, i. lateral earth pressure coefficients and drainage recommendations for below grade structures, j. soil subgrade parameters for pavement design, k. pavement design sections (if design traffic volumes and characteristics are provided), and I. subgrade preparation / earthwork recommendations. Terracon Consultants, Inc. will perform this task. The location and staking of soil borings and pavement cores and the determination of the ground elevation at each boring site shall be performed during the topographic and/or pick-up survey tasks. This task assumes that field exploration can be performed without the need for environmental personal protective equipment. If evidence of contamination is encountered in any of the borings, this task does not include any level of environmental site assessment services, but identification of unusual or unnatural materials encountered while drilling must be discussed on the logs and report. UMW 21. Environmental Services — This item includes the performance of an environmental study and the preparation of formal environmental documents to be in compliance with the National Environmental Policy Act (NEPA) and related laws and Executive Orders. The type of NEPA document and level of detail needed to complete the study is assigned by the Federal and/or State agency at the beginning or funding portion of the project. A Categorical Exclusion (CE) is the least involved NEPA document, which is used when no or little environmental impacts are anticipated. An Environmental Assessment (EA) is a more involved study that is used when minor environmental impacts are likely or the environmental impacts are unknown. Based on the project description above, the ENGINEER anticipates that the type of NEPA document required for the Project would be a Countersigned CE. The ENGINEER has prepared this Agreement under this assumption. If this assumption is incorrect, the ENGINEER must be informed — as soon as possible and adjustments to the project scope and compensation could be necessary. This task includes the necessary field and office services to prepare a Countersigned CE document that evaluates the impact of the proposed action on human and natural resources. This task also includes making the necessary submittals and obtaining the required environmental clearances. This task may include the performance of archeological, historical, cultural, biological, wetlands, and other investigations, such as a traffic noise analysis, to carry out the NEPA process. This process includes: a. consulting with Federal, State, and local entities to address and identify significant environmental factors, obtain comments regarding potential impacts of the proposed action, and obtain information on permits and approvals that may be required; — b. conducting a literature review, prior to site reconnaissance, as the basis for establishing baseline conditions and assessing potential impacts. Special effort will be made to obtain and review previous environmental studies that were conducted in the area (assuming these documents are available for review); c. performing a site reconnaissance [assumed to involve two (2) resource scientists for a one -day visit], rather than extensive field studies, to further establish baseline conditions and assess potential impacts. The Iowa DOT's "Categorical Exclusion Memo Template" will be used to identify the ,� resources to address for a CE when conducting the site reconnaissance and assessing potential impacts of the proposed action. The following are potential environmental issues to address: i. noise; ii. air quality and Mobile Source Air Toxics; iii. ROW/displacement impacts; iv. cultural resources; v. threatened and endangered species; vi. wetlands; — vii. parkland; Page 18 of 41 ANEW aso owe viii. water quality; ix. floodplains; x. regulated materials; xi. construction / detour; xii. cumulative; and xiii. consistency with plans. d. performing a traffic noise analysis to assess impacts to properties adjacent to the project corridors; e. conducting specialized studies of cultural resources (archaeological, historic, etc.). f. performing a wetlands determination and delineation; g. preparing a CE document that summarizes the findings of the environmental impact studies and includes supporting documentation. Particular emphasis will be placed on identifying and the avoidance of negative impacts related to proposed activities. In addition, guidance, permitting and agency negotiations will be suggested, as appropriate. The CE will include the Federal -required topics, which are anticipated to include the types of information outlined below: i. Project Concept Statement — The Project Concept Statement, described in a following section below, submitted to the Iowa DOT as supplementary information to the CE. It will include a description of the project, the purpose and need for the project, and identified feasible alternatives. ii. Description of the Existing Environment — Literature review, site reconnaissance, and resource agency records will be used to describe the existing environment. iii. Environmental Impact of the Proposed Action and Altematives — Environmental impacts will be summarized. Regulatory agencies and other appropriate resources will be contacted to assist with impact assessment. iv. Enhancement/Mitigation Measures — If appropriate, mitigation measures for such impacts as wetlands may be recommended to reduce potential impacts from the proposed construction. v. Sources of Information — Agencies and persons consulted and literature reviewed may be listed. vi. Permits and Compliance with other Regulations and Codes — Where potential Federal, State, and local environmental permits may be required, the requirement and responsible agencies will be listed. This task does not include a detailed Section 4(f) or Section 6(f) evaluation, based on the assumption that neither Section 4(f) nor Section 6(f) properties would be impacted by the Project. There will be communication with OWNER and Iowa DOT staff throughout the process for clarification of various issues. If significant concerns are identified during the assessment process, representatives of the OWNER and the Iowa DOT will be notified immediately and probable actions required to resolve these issues will be recommended. Unless otherwise requested, one (1) copy of the draft CE document will be provided to the OWNER for review and approval. Following OWNER approval, the appropriate number of copies of this document will be submitted to the Iowa DOT for review. After one round of review, a meeting will be held with representatives of the Iowa DOT, if necessary, to receive comments. Once Iowa DOT comments are received, they will be addressed in a timely fashion in the "draft" final CE document. The appropriate number of copies of this document will be submitted to the Iowa DOT to forward to the FHWA for review. Once FHWA comments are received, they will be addressed in a timely fashion in the final CE document. The appropriate number of copies of this document will be submitted to the Iowa DOT for Iowa DOT and FHWA signatures. It is anticipated that neither a public meeting nor a formal public participation process will be required for the environmental portion of the Project. Should public meetings be necessary for the environmental study, the ENGINEER will notify the OWNER and proceed upon receipt of authorization to proceed with supplemental services. HDR Engineering, Inc. will perform all of the subtasks listed above, except for Item 21.e and Item 21.f, as indicated below in the following two (2) items. 22. Wetlands Determination and Delineation Documentation — This item includes the necessary office services to document the findings of the field services performed under the Base Agreement, which involved determining the existence of wetlands in the Project area and delineating the extent of these wetland areas, if found. This task includes the preparation and submittal of a summary report that will Page 19 of 41 identify the location and extent of the wetland areas that are identified and the characteristics of these wetlands. EarthView Environmental, L.L.C. will perform this task. 23. Cultural and Historical Studies – This task includes the necessary field and office services to perform an Architectural / Historical Reconnaissance Study and a Phase 1A Archeological Assessment for cultural and historical resources. Some residential structures located adjacent to the Project corridor are more than fifty (50) years old, which may trigger the need for these studies, depending on anticipated Project impacts. This task includes the preparation and submittal of a summary report for these studies. Tallgrass Historians L.C. will perform this task. 24. Pick-up Surveys – This item includes the field and office tasks needed to obtain additional "pick-up" field data and to update the project base mapping after the preliminary design effort has begun. This task is included to fill in or expand upon the original field data that was obtained prior to the start of preliminary design to assist with development of construction documents. This includes the location and staking of soil borings and pavement cores and the determination of the ground elevation at each boring and core site and the location of the boundaries of the identified wetlands, if necessary. A total of twenty (20) hours of additional field time is included for this task. 25. Request for Natural Resources Environmental Review – This task includes the submittal of a request to the Iowa Department of Natural Resources (DNR) to perform a Natural Resources Environmental Review for the Project. This review will be performed at no cost to the ENGINEER. 26. Additional Traffic Study and Analysis / Access Management – This task includes additional traffic study — and analysis of possible improvements for the Kimball Avenue Project corridor that were identified in the Kimball Avenue Traffic Study Summary Report, but were not fully analyzed due to schedule and budgetary constraints. These include: a. adding a connector roadway between Kimball Avenue and the Kimball Avenue Frontage Road (between Brookeridge Drive and Rachael Street) with either a right -in / right -out intersection for the southbound lanes of Kimball Avenue or a 3/4 -access T -intersection that prohibits eastbound left -tum movements; and b. relocating the Kimball Avenue Frontage Road (N intersection) / private drive intersection to the south – closer to the mid -way point between Park Lane and Ridgeway Avenue, which will serve as the new access point for existing developments as well as for the undeveloped property on the east side of Kimball Avenue. The VISSIM® traffic simulation model, created by the Ament Team during the Kimball Avenue Traffic Study, will be reviewed and updated for use in analyzing the existing, new and/or relocated access points and in planning for future development. This additional analysis will be utilized to refine and finalize the proposed concept for the Project corridor with regard to determining whether new and/or relocated access points should be added along the Project corridor and, if so, the preferred location and configuration for these access points. Based on a review of intersection geometrics, selection of one of the two alternatives for the connector roadway between Kimball Avenue and the Kimball Avenue Frontage Road (between Brookeridge Drive and Rachael Street) will be made prior to the development of the updated VISSIM® traffic simulation models. Two (2) updated VISSIM traffic simulation models will be developed for additional analysis using 2035 forecasted traffic volumes for both the AM and PM peak hours. Both models will include the selected altemative for the connector roadway between Kimball Avenue and the Kimball Avenue Frontage Road (between Brookeridge Drive and Rachael Street). One of the two models will assume that the Kimball Avenue Frontage Road (N intersection) / private drive intersection located between Park Lane and Ridgeway Avenue will remain in its current location and will continue to provide full access. The second model will assume that these access points will be relocated to the south – closer to the mid -way point between Park Lane and Ridgeway Avenue and will continue to provide full access. An assessment of 2035 forecasted traffic volumes will be made to determine if new development traffic, generated by the currently undeveloped property on the east side of Kimball Avenue, should be added to the forecasted design year traffic volumes to be used with the updated VISSIM® traffic simulation models. Page 20 of 41 A technical memorandum will be provided that summarizes the additional traffic study analysis that is performed. This document will compare and contrast the access options for the locations listed above. This memorandum will provide measures of effectiveness including vehicle queuing, delay, and travel time along Kimball Avenue. Additionally, VISSIM® simulation animation files — for one (1) peak hour period only — will be developed for the two (2) updated traffic simulation models to compare / contrast operations of the two models for use in discussions with the OWNER. Each animation will be sixty (60) seconds long and will be generated at two times the speed to include 120 seconds of the simulation. The Project team will meet with the OWNER to review and assess the two (2) access scenarios for each peak hour period and provide the OWNER with quantifiable results from the simulation analysis. This will allow the OWNER to make a decision on the preferred updated access scenario to implement in the design process. [CONTINGENCY Task: If requested by the OWNER, enhanced 3-D visual animations — for the same single peak hour period used above — will be developed for the 2035 "no -build" alternative and for the 2035 Alternative 2 option that incorporates the preferred updated access scenario mentioned above for use at the public information meetings. Each animation would be sixty (60) seconds long and would be generated at two times the speed to include 120 seconds of the simulation.] The arterial traffic signal control system will also be analyzed in order to optimize traffic operations along the Project corridor by improving traffic signal timings and vehicle progression along Kimball Avenue. Signal timing plans will be developed for the AM, mid-day, and PM peak periods for the improved corridor, based on Year 2010 traffic volumes. Additional travel time runs [thirty (30) total — five (5) in each direction for each of the AM, mid-day, or PM peak periods] will be conducted along Kimball Avenue after the implementation of the proposed improvements and the new traffic signal timings. These travel time runs will be analyzed to assess the possibility of refining the newly -implemented traffic signal timings to further improve traffic operations. [CONTINGENCY Task: If substantial improvements in traffic operations are indicated for any of the AM, mid-day, or PM peak periods after analyzing the new travel time run data, refined traffic signal timing plans will be developed for those peak periods.] This task will also include an analysis of the viability of implementing an adaptive traffic signal control system for the Project corridor. The Project team will work with the OWNER to determine if this is an appropriate solution for Kimball Avenue. A technical memorandum will be provided that will discuss the advantages and disadvantages of providing an adaptive signal control system along the Kimball Avenue corridor. This task does not include the design of an adaptive traffic signal system. HDR Engineering, Inc. will perform this task, except for the additional travel time runs, which will be performed by the ENGINEER. IV. Preliminary Design Plans The project will be designed utilizing the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2012, plus General Supplemental Specifications; and applicable Supplemental Specifications, Developmental Specifications, and Special Provisions. A. Design Services — This task includes the drafting and design tasks necessary to perform the determination of l- the location and dimensions of the proposed facilities. At the completion of this task, the preparation of acquisition documents and the determination of values of takings may proceed, or the plans may be finalized, if no acquisitions are necessary. 1. Verify Recommended Concept — This task includes a review of the budget report, if available, and a verification of the appropriateness of the design concept, the scope of the project, the schedule being proposed, and the budget for the proposed Project improvements, which were prepared for or obtained by the OWNER and provided to the ENGINEER. At this time, if there is the need to modify the design concept, scope, schedule, or budget, the modification(s) shall be performed. 2. Review / Select Design Standards — This task includes the review and selection of the design standards applicable to the development of the project. Coordination with the appropriate utilities or railroad Page 21 of 41 companies is required in order to properly accommodate the facilities impacted by this project. This task includes the development and submittal of a design criteria / design standards / design materials summary document to the OWNER for review and acceptance. 3. Prepare Project Concept Statement and Updated Conceptual Layout and Report —This task includes the preparation of a Project Concept Statement and a preliminary report that includes: a summary of proposed design criteria / design standards / design materials; an updated conceptual layout for the project roadways with proposed horizontal alignments; an updated conceptual layout for the project sidewalks with proposed horizontal alignments; anticipated conceptual layout for the proposed storm sewer system and/or culverts; potential environmental / wetland issues, if any; potential flood plain concerns, if any; and an "order -of -magnitude" ENGINEER's Opinion of Anticipated Construction Cost consistent with the initial level of project understanding and development. This task includes the submittal of this preliminary report to the OWNER for review and concurrence. 4. Preparation of Base Information — This task includes the collection of the information of the research and data collection phase and the reduction of topographic and boundary survey data and geotechnical and environmental information for the purpose of preparing project drawings. This task shall also include the preparation of a triangulated irregular network for the use in development of the project design. The plan drawings will be prepared to a scale of 1" = 40' (for 11" x 17" half-size sheets) using standards for line types and symbols. Scales smaller or larger than this will be used as appropriate for the work involved. Certain base sheets may be prepared utilizing aerial photography obtained from the OWNER as a background. 5. Contour Information — This task includes the development of a contour map of the existing project corridor(s) to identify ground and pavement elevations, grades, and break lines. 6. Pavement Thickness Determination — This task includes the performance of a pavement thickness determination for the project roadway(s). 7. Roadway Typical Cross Sections — This task includes the development of typical cross sections for Project roadway (and on-site detour roads, if necessary) indicating the type, width, and thickness of pavement and subbase, cross slope, details of shoulders and joints, and details of curbs and sidewalk, if proposed. 8. Horizontal and Vertical Alignment — This task includes the development of the horizontal and vertical alignments for the proposed roadway and access drive improvements (and on-site detour roads, if necessary). This task includes the determination of the locations and coordinates for the horizontal Pi's, PC's, and PT's; the horizontal circular curve data; the locations of the vertical VPI's, VPC's, and VPT's; and the vertical parabolic curve data. 9. Cross Sections — This task includes the development of cross sections and the determination of earthwork quantities utilizing roadway templates based on the roadway typical sections and the horizontal and vertical alignments developed for the project roadway(s) and access drives (and on-site detour roads, if necessary). Driveway and short side road street profiles will be included in the cross sections. Cross sections will be developed at 25 -foot intervals at a scale of not greater than 1" = 20' horizontally and 1" = 10" vertically for 11"x17" (half-size) sheets. 10. Hydrology Calculations — This task includes the preparation of detailed hydrology calculations to be used in the design of the storm water management facilities proposed in the project. Information gathered during the research and data collection phase and additional information, if necessary, shall be utilized. Robinson Engineering Company will assist with this task by providing input on nearby storm water management design projects that it is developing that will impact the Project and also providing local knowledge of the Project area regarding drainage. 11. Hydraulic Calculations — This task includes the performance of calculations needed to properly size storm sewer and culverts, if any, proposed as part of the Project. This task includes the preparation of a drainage report that summarizes the findings of the hydrologic and hydraulic analyses. Robinson Engineering Company will assist with this task by providing input on nearby storm water management design projects that it is developing that will impact the Project and also providing local knowledge of the Project area regarding drainage. Page 22 of 41 lImmo 4.11.0 This task includes identifying those sub -drainage areas upstream of and along the Project roadway corridors that flow to the roadways and that, ultimately, flow into Dry Run Creek. This task also includes the determination of the capacity of the existing storm sewer system along and across the Project roadways that outlet into Dry Run Creek. This will allow for a determination of the sections of the existing storm sewer system that may be under capacity and the development of a plan to provide additional capacity as a part of the Project design. This task includes determining the projected runoff from the sub -drainage areas mentioned above, based on the physical characteristics of these areas (their average slope, the amount of impervious surfaces that are present, the existence of detention/retention facilities, etc.), the determination of the time of concentrations for runoff for these sub -drainage areas, and the use of a design storm with an appropriate recurrence interval (typically 10 years). These flows will be used to determine the design and size of a storm sewer system with sufficient capacity to carry the design flows. 12. Infiltration -based Storm Water Management Practices — This task includes the investigation and analysis of infiltration -based storm water management practices and elements (bio -retention basins, bio -retention swales, infiltration trenches, pervious pavement, etc.) to determine their feasibility, their required size, and their anticipated cost so as to improve storm water runoff quality and/or reduce storm water runoff quantity for the Project corridor(s). These elements will be sized in an effort to, as a minimum,: a. mitigate the additional runoff created by the additional impervious surface areas that will be added to the Project corridor with the construction of the proposed sidewalk and wider roadways, and b. mitigate the portion of the design flows that cannot currently be carried by the existing storm sewer system. The goal of the storm water management design will be to prevent an increase in runoff from Kimball Avenue into Dry Run Creek and, ideally, to reduce the flows from the design storm by the use of infiltration -based practices. When the hydrology and hydraulic (H&H) model for Dry Run Creek — that was used to develop the latest FEMA flood maps received by the City in July 2011 — is provided by the OWNER, the ENGINEER will use the study input data (flows, cross-sectional information, basin characteristics, etc.) and input it into HEC - RAS. The ENGINEER will then run the HEC -RAS model and make adjustments to the model to correlate the results (i.e. estimated flood elevations) with the existing FEMA model. When the models have been correlated, the ENGINEER will add the improvements proposed for the Project roadways and determine their impact on the Dry Run Creek watershed downstream of the Project. If the improvements result in a rise of greater than 0.1 feet (i.e. the ENGINEER would not be able to issue a "no -rise" certification), the ENGINEER will modify the proposed improvements to eliminate negative impacts on downstream flood elevations. Once the HEC -RAS model is developed, it will be used to investigate any proposed changes to the configuration of the box culvert under Kimball Avenue just south of San Marnan Drive and their potential impacts on estimated flood elevations. Selection of the preferred infiltration -based storm water management practice altematives will require input and direction from OWNER. These alternatives will be developed to a level of detail that will allow order -of -magnitude construction cost opinions to be developed. These altematives and their order -of - magnitude costs will be submitted to the OWNER for review and selection of a preferred alternative or altematives by the OWNER. Following selection by the OWNER, the preferred alternative(s) will be further developed to a preliminary design stage. 13. Storm Sewer and Subdrains — This task includes the determination of the necessary type, size, and location of storm sewer intakes, manholes, and piping; and subdrain piping, cleanouts, and outlets. 14. [CONTINGENCY Task: Culverts — This task includes the determination of the necessary type, size, and location of new culverts or culvert extensions, if needed.] 15. Sanitary Sewer System — This task includes the determination of the necessary type, size, and location of sanitary sewer manholes and pipes for any sanitary sewer system modifications / adjustments needed within the proposed project corridor(s) as a result of the proposed roadway construction and/or reconstruction and sanitary sewer casing pipes for any future sanitary sewer system crossings proposed Page 23 of 41 within the project corridor, if any. The required sizes and type(s) of material for the proposed sanitary sewer piping for the proposed future sanitary sewer system crossings shall be provided by the OWNER. 16. Water Distribution System — This task includes the determination of the necessary type, size, and location of water mains and associated appurtenances for any water distribution system modifications / — adjustments needed within the proposed project corridor(s) as a result of the proposed roadway construction and/or reconstruction and water main casing pipes for any future water distribution system crossings proposed within the project corridor, if any. The required sizes and type(s) of material for any — proposed future water distribution system piping and associated appurtenances shall be provided by the OWNER. 17. Retaining Wall Layout — This task includes the determination of the necessary type, size, and location of —° proposed retaining walls and the development of the horizontal and vertical layout and baseline stationing for these retaining walls. 18. Relocation of Existing Private Utilities — This task includes the determination of the right-of-way and/or easement needs to accommodate required relocations of the existing private utilities within the roadway corridor(s), as identified by either the ENGINEER or the utility companies during the development of the roadway and right-of-way design. 19. Address Property Owner / Stakeholder Issues — This task includes the incorporation of the information obtained during the interviews with property owners and stakeholders during the Public Information Meeting(s). In addition, this task includes the preparation of a detailed response as to how each issue — has been addressed for use in future meetings with the property owners and stakeholders. Issues may include anticipated traffic patterns, existing and proposed utility locations, site drainage, access location and design, staging and traffic control, impacts on existing site features (vegetation, signs, lighting, underground structures or facilities, etc.), and other possible property impacts. 20. Intersection and Driveway Geometry — This task includes the determination of the detailed horizontal and vertical geometry for the proposed intersections and access drives within the roadway corridor(s). Details ,,_, will include station locations; centerline angles; locations and dimensions of radii and radius end points and intermediate points; taper points and taper rates; flares; curb drops; crosswalk locations; non- standard pavement cross slopes; access drive grades; and spot elevations. 21. PCC Pavement Joint Layout — This task includes the determination of the proposed joint layouts for the main line and side road PCC pavements and for the intersections of these roadways. 22. Sidewalk, Shared Use Paths, and Pedestrian Ramp Geometrics — This task includes the determination of — the detailed horizontal and vertical geometry for: a. the existing sidewalks, shared use paths, and pedestrian ramps within the roadway corridor(s) that will be impacted by roadway construction, and b. the proposed sidewalks, shared use paths, and pedestrian ramps that are to be constructed along the west side of and immediately adjacent to the mainline Kimball Avenue roadway from San Maman Drive to the north end of the Kimball Avenue Project corridor, and c. [CONTINGENCY Task: the existing sidewalks and pedestrian ramps along the west side of and immediately adjacent to the Kimball Avenue Frontage Road that will require reconstruction to be in compliance with Americans with Disabilities Act (ADA) design requirements, if authorized by the OWNER for inclusion in the Project], and d. [CONTINGENCY Task: the proposed sidewalks, shared use paths, and pedestrian ramps along the east side of the mainline Kimball Avenue roadway from San Maman Drive to Ridgeway Avenue, if authorized by the OWNER for inclusion in the Project.] Details will include station locations and offsets and grades and spot elevations for non -typical sidewalk or shared use path locations, such as depressed sections through driveways, and pedestrian ramp locations at intersections. 23. [CONTINGENCY Task: Wetlands Mitigation Plan — This task includes the development of a wetlands mitigation plan for the Project, if needed, which involves the purchase of credits of emergent wetland by the OWNER from a recognized wetland mitigation bank for the Project area. This task includes the Page 24 of 41 development and submittal of a draft and final purchase agreement between the wetland mitigation bank and the OWNER.] Should a wetlands mitigation plan be required that involves the creation of on-site wetland areas in the Project area, the ENGINEER will notify the OWNER and proceed with development of this wetlands mitigation plan upon receipt of authorization to proceed with supplemental services. 24. Grading and Erosion Control Plan – This task includes the development of a grading and erosion control plan for the project. The plan shall identify existing and proposed contours and identify the type, size, and location of proposed erosion control elements referencing DOT standards. 25. Storni Water Pollution Prevention Plan (SWPPP) – This task includes the development of a storm water pollution prevention plan (SWPPP) for the project, if required, as a result of the extents of the Project. Robinson Engineering Company will perform this task. 26. Construction Staging Plan and Detour / Traffic Control Plan – This task includes the development of a construction staging plan and a traffic control plan for the project. This task also includes the determination of both on-site and off-site detours needed during project construction. 27. Pavement Marking and Signing Plan – This task includes the development of a pavement marking and signing plan according to the requirements of the OWNER and according to the guidelines contained in the Manual on Uniform Traffic Control Devices (MUTCD) Handbook, latest edition, a manual approved by the Federal Highway Administrator as the National Standard. 28. Traffic Signal System Upgrade – This task includes the design and preparation of detailed plans for: a. upgrading and modifying the five (5) existing isolated, fully -actuated traffic signal installations located within the Project corridor, which are required as a result of the proposed roadway widening; and b. upgrading and modifying the traffic signal interconnection and intersection monitoring system for these five (5) existing traffic signal installations. Plans will include traffic signal layout; a wiring diagram; signal phasing with a phase sequence diagram and signal timings for both isolated and interconnected signal operation; sign and signal head types and dimensions; loop detector (and/or video or wireless vehicle detection zone), handhole, and base locations; interconnection and intersection monitoring system information; written or graphical depiction of mast arm loadings; and a summary of anticipated traffic signal quantities. The OWNER will provide the ENGINEER with information regarding existing traffic signal equipment and phasing and timing information. The OWNER will also input the new traffic signal timing information into the existing or upgraded traffic signal equipment when recommended. HDR Engineering, Inc. will provide guidance and review of the design for Item b. above. 29. Set Construction Limits – This task includes the definition of the construction limits for the project. The construction limits shall include that area necessary for the construction activities including construction staking. These limits shall coincide with the necessary temporary construction easement limits. 30. Design Team Field Review – This task includes a field review by the ENGINEER Design Team before the initial preliminary design plan set is submitted to the OWNER. 31. Prepare Permit Applications – This task includes the preparation and submittal to the OWNER of permit applications (and required exhibits) necessary to commence with the construction of the proposed improvements. These include, but are not limited to, OWNER (City), County, State, and Federal permits — necessary for the Project. The permits that are anticipated are 1) a Section 404 Nationwide Permit from the U.S. Army Corps of Engineers for wetlands impacts, if necessary, and 2) a National Pollutant Discharge Elimination System (NPDES) General Permit No. 2 from the Iowa Department of Natural Resources, since the area of land disturbed by the proposed Project will exceed one (1) acre, and 3) Iowa DNR permit applications, if needed, for any sanitary sewer reconstruction and/or water main reconstruction that is required for Project construction. OWNER will be responsible for submittal of permit applications to the permitting agencies and payment of permit fees. Page 25 of 41 lard lama las This task also includes the preparation of a Public Notice of Storm Water Discharge and submittal of this notice to the OWNER. OWNER will be responsible for submittal of this notice to two (2) local newspapers for publication and payment of publication fees. EarthView Environmental, L.L.C. will prepare the permit application for the Section 404 Nationwide Permit. Robinson Engineering Company will prepare the permit application for the NPDES General Permit No. 2 and prepare the Public Notice of Storm Water Discharge. 32. Budget Review (Preliminary Engineer's Opinion of Anticipated Construction Cost) — This task includes the development of a quantity take -off in accordance with the standard bid items for the Iowa DOT and the application of unit prices reasonable for the scope, schedule, and anticipated job site conditions. The revised total project expenditures shall be reviewed and compared to the original project budget. A discussion of the adequacy of the existing budget shall be made. If the budget is not adequate for some reason, options shall be evaluated and a recommendation shall be made to address the budget issue. 33. Quality Review — This task includes a field review by the design team, regarding the quality of the design developed to date. Issues such as property owner concems; coordination with utilities, railroad companies, and other agencies; and the maintenance aspects of the facilities shall be considered while making this review. Input from a contractor may be included when appropriate. The accuracy and completeness of the documents shall also be scrutinized in order to minimize the need for modifications to the design. Any necessary modifications shall be included in the documents following the quality review by the designer and prior to continuing to the next step. 34. Preliminary Plan Submittal — This item includes the submittal of the appropriate number of copies of the Preliminary Plans to the OWNER and to the Iowa DOT. For the preliminary design review meeting, preliminary design plans will be prepared to approximately 60% development of the project design. The preliminary plans will include: • Title sheet • Preliminary typical cross sections • Preliminary horizontal and vertical roadway and driveway alignments • Preliminary horizontal and vertical sidewalk alignments • Preliminary location / layout of new storm sewer and subdrain elements • Preliminary location and sizing of sanitary sewer system modifications • Preliminary location and sizing of relocated water main pipes and appurtenances • Preliminary cross sections 35. Field Reconnaissance — This task includes a field reconnaissance / field check with OWNER staff after the initial preliminary design plan set is submitted to the OWNER. V. Property Acquisition and Check Plans and Final Plans A. Acquisition and/or Easement Process — This task includes the determination of the additional right-of-way, permanent easements, and temporary construction easements needed for the Project. This task also includes the preparation and distribution of right-of-way and/or permanent easement acquisition plats and/or temporary construction easement exhibits. 1. Determination of Permanent and Temporary Easement and Permanent Right -of -Way Needs — This task includes the determination of the permanent and temporary easement and permanent right-of-way needs for the project, based on the extents of the proposed improvements. This task includes the development and submittal of a list of properties where permanent right-of-way, permanent easements, and/or temporary construction easements are required. This task also includes the development and submittal of a list of objects to be "taken" at each property. 2. Preparation of Plats and Exhibits and Legal Descriptions — This item includes the preparation of right -of- - way and/or permanent easement acquisition plats and/or temporary construction easement exhibits and legal descriptions for these property acquisitions. The limits of the proposed right-of-way, permanent easements, and temporary construction easements shall be indicated on the Project plan drawings. The OWNER shall be responsible for the development of Page 26 of 41 the valuation of the proposed takings, the negotiations with the property owners, and the acquisition of any required right-of-way and/or permanent easements and temporary construction easements needed for Project construction. This scope of service includes the development of up to eleven (11) right-of-way acquisition plats and up to thirty-eight (38) temporary construction easement exhibits for the parcels that are assumed to be impacted by Project construction. [CONTINGENCY TASK: Prepare up to twenty (20) additional temporary construction easement exhibits for parcels that may be impacted by Project construction if all or portions of the existing sidewalk along the west side of the Kimball Avenue Frontage Road need to be reconstructed to be in compliance with ADA requirements. Prepare up to thirteen (13) additional right-of-way acquisition plats and up to ten (10) additional temporary construction easement exhibits for parcels that may be impacted by Project construction if the OWNER chooses to widen the east and west approaches of Park Lane to provide an exclusive left -tum lane on each approach at the Kimball Avenue intersection.] 3. Quality Review — This item includes the review of the acquisition plats and/or easement exhibits and legal descriptions for completeness and accuracy and to provide for coordination with the approved design plans. Discrepancies found in the acquisition plats and/or easement documents shall be reconciled before continuing to the next step. 4. Field Location of Takings — This task includes the placement of a temporary marker(s) to indicate the proposed taking(s) to assist with property owner negotiations. In the case of right-of-way, the existing and proposed right-of-way shall be located. Robinson Engineering Company will perform this task. B. Check Plans and Draft Special Provisions — This item includes the addition of information to the Preliminary Plans, the incorporation of the Preliminary Plan review comments to more fully develop the contract documents, and the development of draft Special Provisions. 1. Addition of Text / Information to Drawings — This task includes the addition of information and text to the drawings in order to provide for more detailed location and dimension information. Information related to quality of workmanship and quality of materials shall be included in the Project specifications or special provisions. 2. Develop Special Details — This item includes the design and drafting of special project details. Standard details shall be included by reference only. 3. Develop Special Provisions — This task includes the development of Special Provisions, if necessary, to supplement the Standard Specifications. 4. Quality Review by the Designer — This task includes a detailed review of the information included in the drawings and in the Special Provisions. Any discrepancies discovered shall be resolved prior to continuing to the next step. 5. Budget Review (Updated Engineer's Opinion of Anticipated Construction Cost) — This item includes a refinement of the previous quantity take -offs developed for the standard bid items. Revisions to any unit prices as is appropriate based on additional information shall occur as part of this task. A comparison of the current total project budget with the allocated resources shall be made. The need to resolve any discrepancies shall be evaluated and recommendations to address any budget issues shall be made as part of this task. 6. Check Plan Submittal — This item includes the submittal of the appropriate number of copies of the Check Plans; Draft Special Provisions, if required; and Updated Engineer's Opinion of Anticipated Construction Cost to the OWNER and to the Iowa DOT. C. Final Plans and Special Provisions — This item includes the modification of the Check Plans and Special Provisions, if required, to incorporate the Check Plan review comments and to finalize the documents. 1. Incorporate Permit Requirements — This item includes the incorporation of information in the appropriate location related to the requirements of any applicable permits issued for the project. Location and Page 27 of 41 kaammo dimension information shall be placed on the drawings. Quality of workmanship and quality of materials information shall be placed in the Special Provisions. 2. Refine Special Provisions — This task includes the refinement of the Special Provisions, if necessary, to supplement the Standard Specifications. 3. Quality Review by the Designer — This task includes a detailed review of the information included in the drawings and in the Special Provisions. Any discrepancies discovered shall be resolved prior to continuing to the next step. 4. Budget Review (Final Engineer's Opinion of Anticipated Construction Cost) — This item includes a refinement of the previous quantity take -off developed for the standard bid items. Revisions to any unit prices as is appropriate based on additional information shall occur as part of this task. A comparison of the current total project budget with the allocated resources shall be made. The need to resolve any discrepancies shall be evaluated and recommendations to address any budget issues shall be made as part of this task. 5. Assist with Development of Project Schedule — ENGINEER will provide input to OWNER to assist with determination of anticipated length of Project construction schedule, intermediate (milestone) completion dates, etc., if necessary. 6. Tms*Port File — This item includes the development of the Tms*Port file developed using the BIAS 2000 software provided by the Iowa DOT. 7. Project Development Certification (PDC) Document — This item includes the preparation of the Project Development Certification (PDC) document and submittal of this document to the OWNER for certification. OWNER will be responsible for submittal of this document to the Iowa DOT. 8. Final Plan Submittal — This item includes the submittal of the appropriate number of copies of the Final Plans; Final Special Provisions, if required; and Final Engineer's Opinion of Anticipated Construction Cost to the OWNER and to the Iowa DOT and submittal of the Trns*Port file to the Iowa DOT. The plan sheets that are anticipated for inclusion in the Final Plan set are listed below: • Title Sheet • General Notes and Legend Sheet • Typical Cross Section Sheet(s) • Quantities and Tabulations Sheet(s) including Coordinate Geometry for Roadway(s) • Plan -and -Profile Sheet(s) with Storm Sewer • [CONTINGENCY Sheets: Plan -and -Profile Sheet(s) with New Water Main and/or New Sanitary Sewer (if needed)] • Reference Ties and Bench Marks Sheet(s) • Right-of-way and Easement Sheet(s) • Construction Staging and Detour / Traffic Control Plan Sheet(s) • Intersection Geometry and Joint Layout Sheet(s) • Traffic Signal System Upgrades / Modifications Sheets • Driveway Geometry and Pedestrian Ramp Geometry Sheet(s) • Retaining Wall Layout Sheet(s) (if needed) • Removals Sheet(s) • Grading and Erosion Control Plan Sheet(s) • Storm Water Pollution Prevention Plan (SWPPP) Sheet(s) • Pavement Markings and Signing Plan Sheet(s) • Tabulation of Earthwork Quantities Sheet(s) • Special Details Sheet(s) (if needed) • [CONTINGENCY Sheets: Box Culvert Situation Plans and Detail Sheet(s), if Needed] • Cross Section Sheet(s) Page 28 of 41 VI. Contractor Procurement A. Bid Period Activities 1. Answer Questions from the Iowa DOT — After submittal of Final Plans to the Iowa DOT, clarification of items in question will be provided to assist the Iowa DOT with preparation of the bid documents and any addenda that are necessary. VII. Deliverables A. ENGINEER Deliverables 1. Minutes of project review meetings to meeting attendees. 2. Minutes of individual project review meetings with select property owners / stakeholders to meeting attendees and to OWNER. 3. Monthly progress reports (submitted with project invoices) to OWNER. 4. List of property owners abutting the project corridor(s) with contact information (mailing address, phone number, mobile phone number, facsimile number, e-mail address, etc. to OWNER. 5. Survey notification letter sent to individual property owners along the project corridor(s) to OWNER. 6. Information request letter sent to individual property owners along the project corridor(s) to OWNER. 7. Public Information Meeting notification letter sent to individual property owners along the project corridor(s) and to other project stakeholders to OWNER. 8. Facebook® page content to OWNER. 9. Project newsletters to OWNER and to Project stakeholders. 10. Frequently Asked Questions (FAQ) document to OWNER and to Project stakeholders. 11. Twitter® site content to OWNER. 12. Three (3) copies of the Summary Report of the geotechnical investigations and analyses to OWNER. 13. Six (6) copies of the Architectural / Historical Reconnaissance Study Report to OWNER, to Iowa DOT, and to other resource agencies. 14. Six (6) copies of the Phase 1A Archeological Assessment Report to OWNER, to Iowa DOT, and to other resource agencies. 15. Six (6) copies of the Wetlands Determination and Delineation Report to OWNER, to Iowa DOT, and to other resource agencies. 16. Six (6) copies of the noise study report to OWNER and to Iowa DOT. 17. Six (6) copies of the draft CE document to OWNER, to Iowa DOT, and, if needed, to resource agencies. 18. Six (6) copies of the "draft" final CE document to OWNER, to Iowa DOT, and, if needed, to resource agencies. 19. Six (6) copies of the final CE document to OWNER, to Iowa DOT, and, if needed, to resource agencies. 20. Two (2) updated VISSIM® simulation models — for the two (2) altemative access scenarios — for both 2035 AM and PM peak hour periods to OWNER. 21. One (1) copy of technical memorandum that summarizes the additional traffic study analysis and compares and contrasts the new and/or relocated access options to OWNER. 22. Two (2) VISSIM® simulation animation files (each 60 seconds in length) — for one (1) peak hour period only — for the two (2) alternative access scenarios to OWNER. 23. One (1) copy of technical memorandum that discusses the advantages and disadvantages of providing an adaptive traffic signal control system along the Kimball Avenue corridor to OWNER. Design of an adaptive traffic signal system is not included in this deliverable. 24. Traffic signal timing plans for the AM, mid-day, and PM peak periods for the improved Project corridor in VISSIM® file format, Synchro® file format, and NEMA format (an example of the NEMA format will be provided by the OWNER) to OWNER. 25. [CONTINGENCY Item: Refined traffic signal timing plans, if needed, for any of the AM, mid-day, and PM peak periods, developed after completion and analysis of post- implementation travel time runs in VISSIM® file format, Synchro® file format, and NEMA format to OWNER.] 26. Traffic signal timing plans for the AM, mid-day, and PM peak periods, as needed, during each stage of construction in VISSIM® file format, Synchro® file format, and NEMA format to OWNER. Traffic signal timing plans will be developed for up to eight (8) construction stages. 27. [CONTINGENCY Item: Two (2) enhanced 3-D visual animations (each 60 seconds in length) — for the same single peak hour period used for Item 22 — for 2035 "no -build" altemative and for 2035 Altemative 2 option that incorporates preferred updated access scenario to OWNER.] Page 29 of 41 lommi UMMO Lmo 28. One (1) copy of each permit application to OWNER. OWNER will be responsible for payment of any required permit application fees. 29. [CONTINGENCY Item: One (1) copy of the draft and final wetlands mitigation purchase agreement between the wetland mitigation bank and the OWNER, if needed, to OWNER.] 30. One copy of each Public Notice of Storm Water Discharge for publication by two (2) newspapers to OWNER. OWNER will be responsible for the publication of any required Project notices and associated publication fees. 31. One (1) set of draft right-of-way and/or permanent easement acquisition plats with legal descriptions [up to eleven (11)] and temporary construction easement exhibits with descriptions [up to thirty-eight (38)], along with accompanying transmittal letter to OWNER. 32. One (1) set of final right-of-way and/or permanent easement acquisition plats with legal descriptions [up to eleven (11)] and temporary construction easement exhibits with descriptions [up to thirty-eight (38)], along with accompanying transmittal letter to OWNER. 33. One (1) set of final certified right-of-way and/or permanent easement acquisition plats with legal descriptions [up to eleven (11)] and temporary construction easement exhibits with descriptions [up to thirty-eight (38)], along with accompanying transmittal letter to OWNER. 34. One (1) set of plan sheets depicting proposed right-of-way, permanent easement, and temporary construction easement boundaries and an electronic file in DGN or DWG format containing these elements to OWNER. 35. List of objects to be "taken" at each property as a result of Project construction to OWNER. 36. Concept Statement: One (1) copy shall be submitted to OWNER and one (1) copy shall be submitted to the Iowa DOT per the requirements of the DOT's Instructional Memorandum (I.M.) Number 3.005, current version at time of submittal, or as an electronic (PDF) file submitted to the Iowa DOT via its Transportation Program Management System (TPMS). 37. Updated Conceptual Layout and Preliminary Report: One (1) copy shall be submitted to OWNER. 38. Preliminary Plans: Two (2) printed sets of preliminary plans, submitted in 11"x17" (half-size) format, and one (1) preliminary Engineer's Opinion of Anticipated Construction Cost, along with accompanying transmittal letter, shall be submitted to OWNER. Copies shall be submitted to the Iowa DOT per the requirements of the DOT's Instructional Memorandum (I.M.) Number 3.005, current version at time of submittal, or as electronic (PDF) files submitted to the Iowa DOT via its Transportation Program Management System (TPMS). 39. Check Plans: Two (2) printed sets of check plans, submitted in 11"x17" (half-size) format; two (2) printed sets of draft Special Provisions, if needed; and one (1) updated Engineer's Opinion of Anticipated Construction Cost; along with accompanying transmittal letter, shall be submitted to OWNER. Copies shall be submitted to the Iowa DOT per the requirements of the DOT's Instructional Memorandum (LM.) Number 3.005, current version at time of submittal, or as electronic (PDF) files submitted to the Iowa DOT via its Transportation Program Management System (TPMS). 40. Final Plans: Two (2) printed sets of final plans, submitted in 11"x17" (half-size) format; two (2) printed sets of final Special Provisions, if needed; and one (1) updated Engineer's Opinion of Anticipated Construction Cost; along with accompanying transmittal letter, shall be submitted to OWNER. Copies shall be submitted to the Iowa DOT per the requirements of the DOT's Instructional Memorandum (I.M.) Number 3.005, current version at time of submittal, or as electronic (PDF) files submitted to the Iowa DOT via its Transportation Program Management System (TPMS). 41. Tms*Port File to Iowa DOT. 42. Project Development Certification (PDC) Document to OWNER. 43. One (1) copy of survey field notes including utility structure inspection reports to OWNER. 44. CD or DVD of project drawings as AutoCAD® files converted from MicroStation® format. Electronic files of PROJECT base mapping will include existing control point, property boundary, and topographic information; contour information; and proposed design features and property acquisition information. VIII. OWNER's RESPONSIBILITIES MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER: The OWNER shall provide the following material and information related to the project: A. Electronic files of OWNER's Traffic Operations Department's Standard Specifications for Traffic Signal Installations, if required by the OWNER. B. Information pertaining to the horizontal and vertical control for the Project, if available. C. Latest aerial photography for the Project area. Page 30 of 41 D. Latest aerial topographic mapping for the project, if available. E. PDF files of GIS data (or photocopies) of sewer utility records, water utility records, storm sewer utility records, traffic signal records, miscellaneous utility records (as available), and record drawings for adjacent improvements. — F. Information on sections of existing water main and/or sanitary sewer piping to replace within Project corridor or sections of new water main and/or sanitary sewer piping to construct within Project corridor including proposed pipe sizes. [Design of any new water main and/or sanitary ,— sewer piping to construct within Project corridor is a Contingency task.] G. Site plans for adjacent properties. H. Existing traffic volumes and projected Design Year Average Daily Traffic volumes for the project — corridor(s), including truck traffic percentages by classification. I. Contractor bid prices from recent similar projects let by the OWNER. J. Permit applications that are only available from the OWNER that are necessary to commence with the construction of the proposed improvements. K. Proposed pipe sizing for new water mains and sanitary sewer crossings, if included in Project design. L. Pertinent information from Reports of Record Ownership and Liens to assist with preparation of property acquisition plats and temporary construction easement exhibits for parcels abutting Project roadway corridors for which property acquisitions are required. M. Network -wide reduction value for Year 2010 traffic volumes, if desired by OWNER, for use in development of traffic signal timing plans for the AM, mid-day, and PM peak periods, as needed, during construction. TASKS TO BE PERFORMED BY THE OWNER: The OWNER shall perform the following tasks related to the project: A. Assist ENGINEER with selecting stakeholders and properties for inclusion in stakeholder database / mailing list. B. Obtain Reports of Record Ownership and Liens for the parcels abutting the Project roadway corridors for which property acquisitions are required. C. Input new traffic signal timing information into existing and/or upgraded traffic signal equipment, when recommended, during various stages of construction, near Project completion, and after completion of post -implementation travel time runs, if necessary. Page 31 of 41 ATTACHMENT B Specifications Altemate Urban Design Guides table, dated October 4, 2002 and the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2012, plus General Supplemental Specifications; and applicable Supplemental Specifications, Developmental Specifications, and Special Provisions. Page 32 of 41 UMW 3.1.1 FEES AND PAYMENTS ATTACHMENT C (referenced from 3.1) Fees and Payments - Cost Plus Fixed Fee `" 3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees in the amounts of the Consultant's actual cost plus applicable fixed fee amount. Consultants' actual costs shall include payments to any subconsultants. The estimated actual costs and fixed fee are shown below and are itemized in Attachment C-1. The nature of engineering services is such that actual costs are not completely determinate. Therefore, it is possible that the Consultant's actual costs may exceed those shown in Attachment C-1 and as shown below. A contingency amount has been established to provide for actual — costs that exceed those estimated. Estimated Actual Costs Fixed Fee [Prime Only] Contingency [Prime Only] Maximum Amount Payable $ 439.999.00 $ 31.386.00 $ 27.689.00 $ 499.074.00 If at any time during the work the Consultant determines that its actual costs will exceed the estimated actual costs, thus necessitating the use of a contingency amount, it will promptly so notify the Contract Administrator in writing and describe what costs are causing the overrun and the reason. The Consultant shall not exceed the estimated actual costs without the prior written approval of the Contract Administrator and concurrence of the Iowa DOT and the FHWA (when applicable). The Owner or the Iowa DOT may audit the Consultant's cost records prior to authorizing the use of a contingency amount. The Consultant shall establish a procedure for comparing the actual costs incurred during the performance of the work to the estimated actual costs listed above. The purpose is to monitor these two elements and thus provide for early identification of any potential for the actual costs exceeding the estimated actual costs. If the Consultant exceeds the estimated actual costs for any reason (other than that covered in Section 3.1.1.2.3) before the Contract Administrator is notified in writing, the Owner will have the right, at its discretion, to deny the use of the contingency amount. The fixed fee amount will not be changed unless there is a substantial change in scope, character, or complexity of the services covered by this Agreement or the time schedule is changed by the Owner. Any change in the fixed fee amount will be made by a Supplemental Agreement or Extra Work Order. The maximum amount payable under this Agreement is $ 499.074.00, which is the sum of the above amounts. The maximum amount payable can not be exceeded except by Supplemental Agreement or Extra Work Order if the Consultant establishes there is a substantial change in scope, character, or complexity of the services covered by this Agreement, the Contract Administrator agrees, and the Iowa DOT and FHWA (when applicable) concurs. If at any time it is determined that a maximum amount payable will be or has been exceeded, the Consultant shall immediately so notify the Contract Administrator in writing. The maximum amount payable may be increased by a Supplemental Agreement or Extra Work Order, or this Agreement will be terminated, with the Owner having the right, at its discretion, to terminate this Agreement without payment of the amount exceeding the maximum amount payable. The Owner or the Iowa DOT may audit the Consultant's cost records prior to making a decision whether or not to increase the maximum amount payable. — 3.1.1.2 Reimbursable Costs. Reimbursable costs are the actual costs incurred by the Consultant which are attributable to the specific work covered by this Agreement and allowable under the provisions of Title 48, Subchapter E., Part 30 (full cost accounting standards; when applicable), section 31.105 and — Subpart 31.2 of the current Federal Acquisition Regulation. These include the following: 1. Salaries of the employees for time directly chargeable to work covered by the Agreement, and salaries of principals for time they are productively engaged in work necessary to fulfill the terms — of the Agreement. Page 33 of 41 Ummil ail 2. Direct non -salary costs incurred in fulfilling the terms of this Agreement. The Consultant will be required to submit a detailed listing of direct non -salary costs incurred and certify that such costs are not included in overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges and materials and supplies. 3. The indirect costs (salary related expenses and general overhead costs) to the extent that they are properly allowable to the work covered by this Agreement. The Consultant has submitted to the Owner the following indirect costs as percentages of direct salary costs to be used provisionally for progress payments for work accomplished during the Consultant's current fiscal year: Salary related expenses are 32.25% of direct salary costs and general overhead costs are 155.78% of direct salary costs. Use of updated overhead percentage rates shall be requested by the Consultant after the close of each fiscal year and shall be used to update previous year invoices and subsequent year as a provisional rate for invoicing in order to more accurately reflect the cost of work during the previous and subsequent years. Any actual fiscal year or fiscal year's audited or unaudited indirect costs rates known by the Consultant shall be used in computing the final invoice statement. All unverified overhead rates shall have a schedule of computation supporting the proposed rate attached to the final bill. Prior to final payment for work completed under this Agreement all indirect cost rates shall be audited and adjusted to actual rates through the most recently completed fiscal year during which the work was actually accomplished. In the event that the work is completed in the current fiscal year, audited indirect cost rates for the most recently completed fiscal year may be applied also to work accomplished in the current fiscal year. If these new rates cause the estimated actual costs to be exceeded, the contingency amount will be used. 3.1.1.3 Premium Overtime Pay. Premium overtime pay (pay over normal hourly pay) shall not exceed 2 percent of the total direct salary cost without written authorization. 3.1.1.4 Payments. Monthly payments shall be made based on the percentage of work completed and substantiated by monthly progress reports. The report shall indicate the direct and indirect costs associated with the work completed during the month. The Contract Administrator will check such progress reports and payment will be made for the direct non -salary costs and salary and indirect costs during said month, plus a portion of the fixed fee. The portion of the fixed fee to be paid will be in the proportion of the actual work completed and documented on the monthly progress reports. — Upon delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and/or amounts earned. Payment of 100% of the total cost claimed will be made upon receipt and review of such claim. Final audit will determine correctness of all invoiced costs and final payment will be based upon this audit. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 34 of 41 I. Direct Labor Cost Employee Classification ATTACHMENT C-1 - Supplemental Agreement No. 1 COST ANALYSIS SHEET Hours Rate Amount E6 - Project Manager E4 - Project Engineer El - Project Engineer LSM - Land Surveyor Manager LS2 - Land Surveyor LSI - Land Surveyor Intern T4 - Technician T3 - Technician A3 - Administration C3 - Clerical 761 568 933 18 163 339 237 243 16 75 $41.00 $30.00 $18.00 $54.75 $30.75 $26.50 $20.50 $18.25 $26.75 $14.25 $31,201.00 17,040.00 16,794.00 985.50 5,012.25 8,983.50 4,858.50 4,434.75 428.00 1,068.75 Direct Labor Total 3353 $90,806.25 II. Payroll Burden and Overhead Costs Indirect Cost Factor (Overhead Rate) = 188.03% Total Indirect Costs = $170,742.99 III. Direct Project Expenses Quantity Rate Amount Mileage (miles) Reproductions (each) Postage (oz.) Ground -Based LiDAR (days) 1190 7450 1000 $0.555 $0.30 $0.45 12 $1,000.00 $660.45 2,235.00 450.00 12,000.00 Total Direct Expenses = IV. Subconsultant Costs Terracon Consultants, Inc. HDR Engineering, Inc. [DBE] EarthView Environmental, L.L.C. [DBE] Tallgrass Historians L.C. [DBE] Robinson Engineering Company Total Subconsultants = (Fixed Overhead Rate) (Fixed Overhead Rate) (Lump Sum) (Specified Rate Fee) (Fixed Overhead Rate) $15,345.45 $17,551.00 $100,742.00 $4,294.00 $6,132.00 $34,385.00 $163,104.00 V. Estimated Actual Costs (I + II + III + IV) VI. Fixed Fee - Prime Only ( 12% of I + II) = VII. Contingency - Prime Only ( 10% of I + II + III) = VIII. Total Estimated Cost - Cost Plus Fixed Fee (V + VI + VII) = (Maximum Amount Payable) * Includes contingency amounts (Prime & Subconsultants) totaling $67,081.00 $439,999.00 (ROUNDED) $31,386.00 (ROUNDED) $27,689.00 (ROUNDED) $499,074.00 * Total Initial Authorized Costs (Excluding All Contingency Amounts) = $431,993.00 Page 35 of 41 P:\G00412.10\Pre-Contract - G00412.01\Excel\G00412.10 AMENT Fee Development (Cost -Plus -Fixed Fee) (11-19-2012).xls\Ament Attachment C-1 ATTACHMENT H CONSULTANT FEE SCHEDULE (STAFF HOUR ESTIMATE) Kimball Avenue Transportation Improvements Project - from Tower Park Dr to Acadia St Design Related Services Task for Design Related Services AMENT (E8 -E6) (E5 -E4) (E3 -E1) (LS) (LSIT) Sr. Proj. Proj. Dsgn. Surv. (LS2) Surv. (T4 -T1) (A4 -A1) (C4 -C1) Mngr. Engr. Engr. Suprv. Surv. Intern Tech. Admin. Cler. TOTAL 1 Project Management B, C - Project Administration F - Project Team Coordination A, E - Project Meetings D - Quality Control Plan G - Utility Coordination & Meetings Total Hours (I) II Public Involvement A - Property Owner & Stakeholder Database B - Notifications of Property Owners & Stakeholders C - Public Information / Open House Meetings D - Public Hearing E - Individual Meetings with Property Owners F, G, H - Facebook Site, Newsletters, & FAQ Document Total Hours (II) 111 Research and Data Collection A.1 - A.12, A.25 - Miscellaneous A.13 - A.19, A.24 - Surveys A.20 - Geotechnical Studies A.21 - Environmental Services - NEPA Documentation A.22 - Environmental Services - Wetlands Delineation A.23 - Environmental Services - Cultural/Historical Studies A.26 - Additional Traffic Study & Analysis / Access Management Total Hours (111) IV Preliminary Roadway Design and Plans A.1 - A.2 - Verify Recommended Concept / Review & Select Design Standards A.3 - Project Concept Statement & Updated Conceptual Layout & Report A.4 - A.5 - Base Mapping / Existing Contours Title Sheet & Other Miscellaneous Sheets A.6 - A.7 - Pavement Thickness & Typical Section Sheets & Detail Sheets A.8 - Plan -and -Profile Sheets A.9 - Cross Section Sheets A.10 - A.13 - Storm Sewer & Subdraln / Storm Water Management Practices A.15 -A.16 - Sanitary Sewer & Water Distribution System - A.17 - Retaining Walls A.18 - A.19 - Relocate Utilities / Address Property Owner Issues A.20 - A.21 - Intersection & Driveway Geometry / Joint Layout A.22 - Sidewalk & Pedestrian Ramps A.24 - Grading & Erosion Control A.25 - SWPPP A.26 - Construction Staging & Detour/Traffic Control A.27 - Pavement Markings & Signing A.28 - Traffic Signal System Upgrade A.29 - Set Construction Limits A.35 - Design Team Field Review (A30)/ Field Reconnaissance with Owner A.31 - Permit Applications A.32 - Quantities / Cost Opinions A.32 - Tabulations A.33 - Quality Review A.34 - Preliminary Plan Submittal Total Hours (IV) V Property Acquisitions and Check Plan and Final Plans A.1 - Determine Easement & ROW Needs / Develop List of Objects "Taken" A.2 - Plats & Exhibits & Legal Descriptions A.3 - Quality Review A.4 - Field Location of Takings B.1 - B.2 - Add Text / Information to Drawings / Spada! Details B.3 - Special Provisions B.4 - Quality Review B.5 - Updated Quantities / Tabulations / Cost Opinions B.6 - Check Plan Submittal C.1 - Incorporate Permit Requirements C.2 - Refine Special Provisions C.3 - Quality Review C.4 - Updated Quantities / Tabulations / Cost Opinions C.5 - C.7 - Assist w/ Proj. Schedule / Tms*Port File / Proj. Dev. Certification C.8 - Final Plan Submittal Total Hours (V) VI Contractor Procurement A.1 - Answer Questions from Iowa DOT Total Hours (VI) Total Hours Per Job Classification and Total Hours 180 66 0 8 0 0 0 8 4 266 50 38 0 0 0 0 0 8 4 100 34 41 0 0 0 0 0 0 0 75 4 0 0 0 0 0 0 0 0 4 5 14 0 0 0 0 0 0 0 19 159 0 0 16 8 464 2 4 0 0 0 0 0 0 8 14 5 10 0 0 0 0 0 0 9 24 33 24 24 0 0 0 0 0 12 93 2 0 0 0 0 0 0 0 0 2 8 45 0 0 0 0 0 0 15 68 12 32 8 0 0 0 0 0 10 62 115 32 0 0 0 0 0 263 3 7 14 0 0 0 0 0 1 25 0 0 0 0 0 251 163 0 0 414 1 2 4 0 0 0 0 0 0 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 6 0 0 0 0 0 0 6 26 0 0 251 163 0 472 5 0 2 0 0 0 0 0 0 7 14 4 12 0 0 0 0 0 0 30 0 0 24 2 16 88 80 0 0 210 3 0 43 0 0 0 0 0 0 46 9 0 37 0 0 0 0 0 0 46 31 0 131 0 0 0 0 0 0 162 4 0 85 0 0 0 0 0 0 89 45 20 48 0 0 0 0 0 0 113 4 0 18 0 0 0 0 0 0 22 2 4 8 0 0 0 0 0 0 14 0 8 8 0 0 0 0 0 0 16 25 16 90 0 0 0 0 0 0 131 11 16 28 0 0 0 0 0 0 55 6 12 48 0 0 0 0 0 0 66 2 0 1 0 0 0 0 0 0 3 18 12 48 0 0 0 0 0 0 78 6 8 26 0 0 0 0 0 0 40 48 84 45 0 0 0 0 0 0 177 1 4 4 0 0 0 0 0 0 9 12 8 4 0 0 0 0 0 0 24 4 4 0 0 0 0 0 0 0 8 16 24 24 0 0 0 0 0 0 64 18 11 39 0 0 0 0 0 0 68 24 0 0 0 0 0 0 0 0 24 2 0 4 0 0 0 0 0 2 8 16 88 80 0 2 1510 4 2 38 0 0 0 0 0 0 44 0 0 0 0 98 0 196 0 0 294 0 0 0 8 49 0 41 0 0 98 0 0 0 0 0 0 0 0 0 0 8 0 26 0 0 0 0 0 0 34 4 4 0 0 0 0 0 0 0 8 32 0 0 0 0 0 0 0 0 32 12 20 20 0 0 0 0 0 0 52 2 0 4 0 0 0 0 0 2 8 2 0 4 0 0 0 0 0 0 6 2 2 0 0 0 0 0 0 0 4 16 0 0 0 0 0 0 0 0 16 8 8 8 0 0 0 0 0 0 24 4 4 0 0 0 0 0 0 0 8 2 4 6 0 0 0 0 0 2 14 106 147 0 237 0 4 642 21 01 01 01 01 01 01 01 011 2 0 0 0 0 0 0 0 0 21 2 7611 5681 9331 181 1631 3391 4801 161 7511 3353 Page 36 of 41 *10 1. Estimated Direct Labor Costs Category Attachment H-1 - Supplemental Agreement No. 1 CONSULTANT FEE SCHEDULE - Terracon Consultants, Inc. Task III.A.20 - Geotechnical Services Kimball Avenue Transportation Improvements Project Hours Rate/Hour Amount Technician Senior Technician Driller CAD Drafter Administration / Secretary Senior Project Manager Project Engineer Principal Engineer (2 drill staff per rig crew) 30 $15.10 $453 10 $18.57 $186 60 $21.18 $1,271 15 $17.42 $261 10 $17.99 $180 6 $37.47 $225 30 $31.77 $953 4 $51.79 $207 9/12/2012 Total Direct Labor Costs (Rounded) 165 $3,736 II. Payroll Burden and Overhead Costs Indirect Cost Factor = 199.3% (Rounded) $7,446 IIIa. Estimated Direct Project Expenses Quantity Unit Unit Cost Total Cost Drill Rig 3 days $581.67 / Day $1,745 Coring equipment 2 days $100.00 / Day $200 Mileage 150 miles $0.555 / Mile $83 Total Estimated Direct Project Expenses (Rounded) $2,028 IIIb. Estimated Direct Third -Party Expenses Meals and Accommodations (per diem) 0 Per Diem $100 / Day $0 Meals (per diem, meals only) 0 Meals Only $30 / Day $0 Consumable & Misc. Supplies — At Cost — $125 Other Third Party Expenses At Cost $0 Traffic Control - Signs At Cost $1,000 Traffic Control - Personnel — At Cost — $400 Total Estimated Direct Third -Party Expenses (Rounded) $1,525 IV. Estimated Actual Costs (I+II+IIIa+IIIb) $14,735 V. Fixed Fee (FF% x (1+11), Rounded) Fixed Fee FF = 12% $1,342 VI. Total Cost plus Fixed Fee (IV+V) $16,077 VII. Contingency 10% x (I+II+IIIa+IIIb) $1,474 VIII. Maximum Amount Payable (IV+V+VII) Page 37 of 41 $17,551 Attachment H-1 - Supplemental Agreement No. 1 CONSULTANT FEE SCHEDULE - HDR ENGINEERING, INC. Kimball Avenue Transportation Improvements Project Person -Hour Summary Task Project Manager/Sr Engr Senior Scientist Project Traffic Engr Scientist Junior Traffic Engr GIS Admin Total 1- Project Management 32 0 0 0 0 0 6 38 I, A, E - Kick-off Meeting / Project Design Review Total Indirect (Payroll Burden/Overhead) Cost: $35,374.94 Meetings 14 2 14 0 0 0 0 30 II, C - Public Meetings 24 24 24 0 0 0 0 72 III, A, 21 - Agency Coordination 0 2 0 8 0 0 0 10 III, A, 21 - Baseline Review and GIS Development 0 2 0 20 0 8 0 30 III, A, 21 - Field Reconnaissance 0 2 0 20 0 0 0 22 III, A, 21 - Noise Study 0 6 0 40 0 4 0 50 III, A, 21 - Categorical Exclusion 0 8 0 28 0 4 0 40 III, A, 26 - Update VISSIM Analysis / VISSIM Animations 4 0 70 0 22 0 0 96 III, A, 26 - Develop Signal Timing Plans for Improved Corridor 4 0 78 0 16 0 0 98 III, A, 26 - Review of Adaptive Signal System for Kimball Ave 12 0 40 0 0 0 0 52 Total Hours 90 46 226 116 38 16 6 538 Fee Summary Direct Labor Estimated Employee Classification Hours Rate Direct Labor Cost PM/Sr Engr 90 $57.06 Sr Sci 46 $57.94 Project Traffic Engr 226 $35.10 Sci 116 $36.04 Junior Engr 38 $24.04 GIS 16 $24.65 Admin 6 $36.26 $5,135.40 $2,665.24 $7,932.60 $4,180.64 $913.52 $394.40 $217.56 'Total Direct Labor 538 $21,439.36 Indirect Cost Indirect Cost Factor (Overhead Rate): 165.00% Total Indirect (Payroll Burden/Overhead) Cost: $35,374.94 Estimated Direct Expenses Item Qty Unit Unit Rate Cost Postage 10 I.s. @ Documentation 26 copies @ Travel Rental Car 4 I.s. @ Lodging 6 I.s. @ Meals 16 I.s. @ Miscellaneous 1 I.s. @ $25.00 $10.00 $100.00 $100.00 $25.00 $100.00 $250.00 $260.00 $400.00 $600.00 $400.00 $100.00 Total Direct Expenses $2,010.00 'Total Subconsultant Cost $0.00 Estimated Actual Costs (Direct Labor + Overhead + Direct Expenses + Subconsultants) $58,824.00 1 'Contingency @ Approximately 60% of Labor + Overhead + Direct Expenses $35,100.00 Refined Traffic Signal Timings = $5,100.00 Enhanced 3-D Animations = $30,000.00 (Total Estimated Cost (Estimated Actual Costs + Fixed Fee + Contingency) $100,742.00' Page 38 of 41 ounded Rounded Rounded ATTACHMENT H-1 - Supplemental Agreement No. 1 CONSULTANT FEE SCHEDULE - EarthView Environmental, L.L.C. Task III.A.22 - Environmental Services - Wetlands Delineation Report Kimball Avenue Transportation Improvements 9/10/2012 Sub -Task PWS SES ESII OA Communications, Project Set up , Administration 2 2 0 8 GIS/Database Entry 0 10 4 0 Wetland Delineation Report 2 16 0 4 Coordinate with U.S. Army Corps of Engineers (USACOE) to determine if wetlands are classified as "Jurisdictional Wetlands." 0 2 0 0 Complete permit application form for Joint Application . 0 1 0 0 Work with PM to determine if any wetlands will be impacted by proposed development. If wetlands will be impacted, determine if wetland bank will be an option or if permittee mitigation will be needed. 2 2 0 0 One (1) follow up meeting, if needed, to discuss report and review options. 4 4 0 0 Total Hours 10 37 4 12 I. Direct Labor Cost Employee Classification Hours Rate Amount PWS - Professional Wetland Scientist 10 $30.00 $300.00 SES - Senior Environmental Scientist 37 $21.75 804.75 ESII - Environmental Scientist II 4 $18.00 72.00 OA - Office Assistant 12 $14.75 177.00 Direct Labor Total 63 $1,353.75 II. Payroll Burden and Overhead Costs Indirect Cost Factor (Overhead Rate) = 170.00% Total Indirect Costs = $2,301.38 III. Direct Project Expenses Quantity Rate Amount Mileage (miles) Reproductions (each) Postage (oz.) GPS Equipment (hours) Total Direct Expenses = 200 $0.555 6 $10.00 64 $0.45 0 $30.00 $111.00 60.00 28.80 0.00 $199.80 IV. Subconsultant Costs None (Cost plus Fixed Fee) $0.00 None (Lump Sum Fee) $0.00 Total Subconsultants = $0.00 V. Estimated Actual Costs (I + II + III + IV) = $3,855.00 (ROUNDED) VI. Fixed Fee - Prime Only ( 12% of I + II) = $439.00 (ROUNDED) VII. Contingency - Prime Only ( 0% of I + II + III) = $0.00 (ROUNDED) VIII. Total Estimated Cost (V + VI + VII) = $4,294.00 This is for the Report Only - the Field Work Portion was submitted under a separate cost dated 2012-09-06 Page 39 of 41 latad ATTACHMENT H-1 - Supplemental Agreement No. 1 CONSULTANT FEE SCHEDULE - Tallgrass Historians L.C. Task III.A.23 - Environmental Services - Cultural/Historical Studies Kimball Avenue Transportation Improvements Project I. Direct Labor Cost Employee Classification Hours Rate Amount E8 - Principal Investigator E6 - Project Manager Research Associate C3 - Clerical 67 1 24 20 $68.00 $68.00 $34.05 $18.80 $4,556.00 68.00 817.20 376.00 Direct Labor Total* 112 $5,817.20 * Specific Rate per Iowa DOT determination II. Payroll Burden and Overhead Costs Indirect Cost Factor (Overhead Rate) = Total Indirect Costs = III. Direct Project Expenses Quantity Rate Amount Mileage (miles) Report/research copies Shipping Supplies I -Sites Access Fee 200 $0.550 $110.00 200 $0.10 20.00 2 $12.50 25.00 1 $100.00 100.00 1 $60.00 60.00 Total Direct Expenses = $315.00 IV. Subconsultant Costs None None (Cost plus Fixed Fee) $0.00 (Lump Sum Fee) $0.00 Total Subconsultants = $0.00 V. Estimated Actual Costs (I + II + III + IV) = VI. Fixed Fee - Prime Only 0% ofI+II) = VII. Contingency - Prime Only ( 0% of I + II + III) = $6,132.00 (ROUNDED) VIII. Total Estimated Cost (V + VI + VII) = $6,132.00 Page 40 of 41 (ROUNDED) (ROUNDED) laNd ATTACHMENT H-1 - Supplemental Agreement No. 1 CONSULTANT FEE SCHEDULE - Robinson Engineering Company LOCATION Kimball Avenue Transportation Improvement Project A. Person -Hour Estimate: Date 09/10/12 TASK NO. DESCRIPTION PERSON -HOUR ESTIMATE Senior Engineer Land Surveyor Senior Tech. Junior Tech Admin. Total III.A.2. Property Owner Research 2 2 10 50 2 66 III.A.4. Encroachment Research 2 24 24 2 52 III.A.9. Hydrology/Hydraulics 2 2 III.A.16. Boundary Survey 2 50 50 2 104 III.A.17. Utility Survey 2 36 2 40 IV.A.10. Hydrology Calculations 1 1 IV.A.11. Hydraulics Calculations 1 1 IV.A.25. SWPPP Preparation 40 2 42 IV.A.31. Prepare Permit Applications 1 1 V.A.4. Field Location of Taking 2 70 70 2 144 B. Labor Cost: 55 146 10 230 Rate Senior Engineer 55 X 24.00 = 1,320.00 Land Surveyor 146 X 25.00 = 3,650.00 Senior Technician 10 X 18.00 = 180.00 Junior Technician 230 X 15.00 = 3,450.00 Administration 12 X 10.00 = 120.00 C. Overhead Labor: D. Direct Project Cost: 28,184.78 E. Estimated Actual Cost rounded 28,185.00 12 453 8,720.00 8,720.00 @2.2322X 8,720.00 19,464.78 28,184.78 0.00 F. Fixed Fee: @ 12.00% of B + C = 3,382.00 31,567.00 G. Contingency: @ 10.00% of B + C + D = 2,818.00 H. Maximum Amount Payable: 34,385.00 Rounded $34,385.00 Page 41 of 41