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HomeMy WebLinkAboutAment - Ansborough Ave Cont. 942 - 8/28/2017ANSBOROUGH AVENUE FROM U.S. 20 TO SAN MARNAN DRIVE IMPROVEMENTS CITY OF WATERLOO, IOWA PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between Amen t Design, 625 32ntl Avenue SW, Cedar Rapids, Iowa, hereinafter referred to as "AMENT" and City of Waterloo, Iowa, hereinafter eferred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: period of time. AMENT does not have control over any such costs, including, but not SCOPE OF SERVICES AMENT shall perform professional Services (the "Services") in connection with CLIENT'S facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. AMENT'S RESPONSIBILITIES AMENT shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of AMENT and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon AMENT as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. Schedule shall be as defined in Attachment B. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two- year period following the completion of Services, it is shown that there is an error in the Services solely as a result of AMENT's failure to meet these standards, AMENT shall reperform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since AMENT has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, AMENT does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. AMENT makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) AMENT shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which AMENT procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. AMENT's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. (e) AMENT will be providing estimates of costs to the CLIENT covering an extended period of time. AMENT does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by AMENT are estimates only, made on the basis of AMENT's experience and represent AMENT's reasonable judgment as a qualified professional. AMENT does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by AMENT, and the CLIENT waives any and all claims that it may have against AMENT as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to AMENT all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. AMENT shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION AMENT agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of AMENT during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, AMENT shall maintain standard nsurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over AMENT's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. AMENT agrees to name CLIENT as Additional Insured on this policy, but only to the extent of AMENT's negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering AMENT against all sums which AMENT may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. AMENT agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. AMENT shall provide prompt notice to the CLIENT in the event of cancellation, material change, or nonrenewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not -to -exceed fee of eighty-one thousand nine hundred sixty-five Dollars and no cents ($81,965.00). The fee is broken down in Attachment B. The fee is based upon our fully encumbered standard hourly rates (payment for project expenses such as mileage and copies is included in the standard hourly rate). AMENT may bill the CLIENT monthly for services completed at the time of billing. CLIENT agrees to pay AMENT the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give AMENT written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to AMENT the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to AMENT. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, AMENT will be paid for all expenses incurred and Services endered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which AMENT prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when AMENT has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to AMENT and CLIENT agrees to release, defend and hold AMENT harmless from and against all claims or suits asserted against AMENT in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by AMENT. Nothing contained in this paragraph shall be construed as limiting or depriving AMENT of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and AMENT makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) AMENT shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall AMENT be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall AMENT be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, orfor the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that AMENT may be fully protected against such third -party claims, CLIENT agrees to obtain and maintain for the benefit of AMENT the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing AMENT as an additional named insured. X. INDEPENDENT CONTRACTOR AMENT shall be an independent contractor with respect to the Services to be performed hereunder. Neither AMENT nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Preexisting contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by AMENT. CLIENT agrees to release, defend, indemnify and hold AMENT harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from AMENT's sole negligence or willful misconduct. CLIENT shall, at CLIENT'S sale expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. AMENT shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities neluding, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that AMENT executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, AMENT shall be and be deemed to have acted as CLIENT's agent. For MEN I s Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide AMENT with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that AMENT's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by AMENT. It is intended by the parties to this Agreement that AMENT's services n connection with the project anticipated herein shall not subject AMENT's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then AMENT and the CLIENT agree to submit the dispute to mediation. In the event AMENT or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by AMENT and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and AMENT may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) AMENT may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve AMENT of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict lability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone otherthan CLIENT and AMENT written below. and does not create any third -party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CLIENT APPROVED FOR AMENT DESIGN By:By: Printed Name: Title: r Date: Printed Name: Michael G. Dryden. P.E. Title: Secretarv/Treasurer Date: �✓�/r/5 f A�j� a6� ATTACHMENT A Scope of Services Project Understanding The Ansborough Avenue Transportation Improvements Project corridor extends from the U.S. 20 overpass north to San Marnan Drive. The Project is approximately 1,300 feet in length (approximately 1,000 feet from the U.S. 20 westbound on/off ramps to San Marnan Drive.) Another four -legged intersection is located within the Project corridor along Ansborough Avenue, approximately 560 feet south of San Marnan Drive. It is comprised of Fitzway Drive, the west leg, and Fisher Drive, the east leg. Ansborough 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 a three -lane roadway for much of the Project corridor— providing one (1) through travel lane in each direction —for both northbound and southbound traffic — and a two-way left -turn lane in the center. However, at the north and south ends of the Project corridor, an exclusive right -turn lane is provided for northbound traffic at the San Marnan Drive ntersection and for southbound traffic at the U.S. 20 westbound on/off ramp intersection. The posted speed limit s currently 35 miles per hour. The Ansborough Avenue Project corridor is zoned commercial. VGM is located on the west side of Ansborough Avenue and has approximately 800 employees. On the east side of Ansborough Avenue, there is a commercial/ office development with various land uses. A new Kwik -Star convenience store/car wash will be ready to open soon at the intersection of Ansborough Avenue and Fisher Drive. There are approximately forty (40) acres of undeveloped land located between Ansborough Avenue and Kimball Avenue to the east. A large area located west of VGM — on the west side of Ansborough Avenue — is also undeveloped. The Ansborough Avenue Project will include a traffic study to determine the roadway improvements that will be needed to accommodate the projected traffic to be generated by the Kwik -Star development and the future development of the undeveloped parcels mentioned above. The traffic study will include traffic counts (of the U.S. 20 westbound on/off ramps, the Ansborough Avenue/Fitzway Drive/Fisher Drive intersection, and the Ansborough Avenue/San Marnan Drive intersection), and review of the projected 2045 traffic volumes. The Project will include the design of traffic signals at the Ansborough Avenue/Fitzway Drive/Fisher Drive intersection and the modification of the existing traffic signal at Ansborough Avenue and San Marnan Drive (if required). The Project could include design of traffic signals at the U.S. 20 westbound on/off ramps, if they are warranted, but, at this time, they are not included in this scope of services. The Project will also include the design for the addition of a fourth lane, possibly just an exclusive right -turn lane for both northbound and southbound traffic, at the Ansborough Avenue/Fitzway Drive/Fisher Drive intersection. Construction phase services — including the administration of the construction contract, construction surveys, materials testing, and the provision of a Resident Project Representative (RPR) to observe the construction — are included in the Project scope of services. Major Project Tasks • Project Management • Research and Data Collection including: o Traffic Counts o Traffic Study • 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 • Contractor Procurement Activities • Construction Phase Services (Construction Contract Administration, Construction Surveys, Materials Testing, and Construction Observation) Page 1 of 13 Scope of Services The scope of services to be performed by Ament Design 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; traffic studies and analyses, conceptual, preliminary, check, and final design; preparation of contract documents (plans, specifications, cost opinions); assistance with permits; assistance with contractor procurement, and construction -related services including construction staking; on-site field reviews; construction observation and documentation; materials testing; record drawings, and construction administration. The following provides a description of the tasks to be performed and identification of the proposed work. Project Management A. Project Team Kick -Off Meeting —This meeting shall include members of the Project Team (Ament Design, some, but not all, of Ament Design's Consultants, and City of Waterloo). The goal of the meeting is to define and clarify the City of Waterloo'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. B. Project Administration —This task involves tracking the Project design schedule throughout the length of the design services phase, monitoring the Project Scope of Work and reviewing the Quality Control Plan. • Monitoring Schedule: If the Project is not on schedule, Ament Design will present an approach for bringing the Project back on schedule. • Monitor Project Scope: This will be done to identify needed services that are not included in the scope of the design services contract. Ament Design will make the City of Waterloo representative aware of potential change orders to the design contract before the additional services are performed. • subconsultant Management —This task involves the preparation of subcontracts and work orders for Ament Design's subconsultants. This task also includes monitoring Ament Design's subconsultant activities, reviewing Ament Design's subconsultant invoices, and submitting to the City of Waterloo for payment. This task also includes reviewing Ament Design's subconsultant work for technical accuracy and conformance with Project requirements. The subconsultant that is anticipated is: o TEAM Services, Inc. • Quality Control Plan —This task involves establishment of review and checking procedures for Project deliverables. The Ament Design will designate responsibility for implementation of the plan. C. Project Design Review Meetings — This task involves attendance by Ament Design at Project design review meetings with representatives of the City of Waterloo with participation by Ament Design's Consultants on an "as needed" basis. Up to six (6) meetings are anticipated. Ament Design 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, 2w request that additional information be provided by the City of Waterloo and/or obtain clarification of information that has been provided by the City of Waterloo, 3. identify issues that have developed during Project design, options to address these issues, advantages and disadvantages of these options, and the option that Ament Design recommends, 4. update the Project schedule, discuss Project progress, and notify the City of Waterloo 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 City of Waterloo of needed design services not included in the scope of the design services contract. D. 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 a Joint Utility Coordination Meeting with the City of Waterloo and affected utilities at the beginning of the Project during the Data Collection Phase and after the submittal of each phase of the Project (Preliminary, Check and Final Plan Stages); Page 2 of 13 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. II. 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 City of Waterloo. 2. 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 existing traffic signal installation at Ansborough Avenue and San Marnan Drive and the existing signal interconnection system located within the Project corridor. This includes information on traffic signal equipment, layout, wiring, phasing, timing, etc. 3. 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. 4. 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. 5. Traffic Volumes — This item includes the collection of turning movement traffic count data at the intersections of: U.S. 20 Westbound on/off ramp and Ansborough Avenue, Ansborough Avenue and Fitzway Drive/Fisher Drive, and Ansborough Avenue and San Marnan Drive. These counts will be conducted during the AM, mid-day, and PM peak periods of a typical weekday. We will also collect available information related to design year Average Annual Daily Traffic (AADT) projections for the Project roadway segment, including truck traffic percentages by classification. 6. Traffic Study including Traffic Signal Warrant Analyses— This item includes the performance of a study to determine the traffic impacts that the new Kwik -Star convenience store/car wash and the future development of the undeveloped parcels mentioned above in the Project Understanding section will have on the three (3) intersections located along Ansborough Avenue within the Project corridor. The study will include a traffic signal warrant analysis for both the Ansborough Avenue / Fitzway Drive / Fisher Drive intersection and the Ansborough Avenue / U.S. 20 westbound on/off ramp intersection. Both intersections will be evaluated under two (2) scenarios: a) existing traffic volume conditions plus anticipated traffic generated by the new Kwik -Star convenience store/car wash sites, and b) traffic volume conditions under the first scenario plus anticipated traffic generated by future development of the remaining undeveloped commercial land located between U.S. 20 and San Marnan Drive from approximately one (1) mile west to approximately one-half (1/2) mile east of Ansborough Avenue. A crash study of the three (3) Project intersections will also be perf ormed as part of the study. If crash numbers, rates, and/or severity at one (1) or more of the Project intersections are found to be significantly higher than the average for similar locations, then a detailed traffic safety analysis will be performed for those above-average intersections. Mitigation measures will be suggested to address any significant crash patterns that are identified. The traffic study will also include an evaluation of the three (3) Project intersections under the two (2) traffic scenarios described above using anationally-recognized software program that is based on the atest edition of the Highway Capacity Manual. The evaluation will focus on intersection levels of se vice (LOS), intersection capacity, and the projected 85% vehicular queue lengths at each intersection. Page 3 of 13 Mitigation measures will be identified when the LOS drops below "C" for the overall intersection or "D" for individual movements. These mitigation measures may include additional turning lanes, adding or upgrading traffic controls, or other methods following customary practices. A report will be prepared that summarizes the data collection, analysis, findings, and recommendations of the traffic study including appropriate tables, figures and technical appendices. 7. Soil Data Collection — This item includes the collection of available information related to soil types for hydrology calculations, restoration, ground water levels and bedrock levels. This information will be collected to determine cost opinions for 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 future traffic volumes, 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. 10. Horizontal Control Surveys — This item includes establishing horizontal control referenced to Iowa State Plane Coordinates, North Zone, as determined from the Iowa RTN. 11. Vertical Control Survey — This item includes establishing vertical control referenced to 1988 NGVD through GPS observation (accuracy t 0.10 feet) on one (1) point, with corridor benchmarks to be run using digital level closed level loop with second -order, Class I NGS accuracy. 12. 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. 13. Property Surveys — This item includes research for existing plats and survey records to determine property ownership adjacent to the rights of way of the Project corridor, field survey for monuments to determine rights of way lines, and calculations to delineate adjacent property lines and existing right of way lines. 14. Utility Surveys - This item includes the use of a standard Iowa One Call Design Locate Request resulting in SUE Level C locations. Should it be determined that SUE Level B or A locations are required, this service can be provided as a contract amendment. 15. 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 City of Waterloo 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 topographic survey corridor lengths and widths will be as follows: Ansborough Avenue • South limit will be the north end of the US 20 Overpass. North limit will be 150 feet north of no, curb line of West San Mannan Drive. Intersections U.S. 20 ramps — 150 feet east and west of Ansborough Avenue centerline. Fisher Drive — 300 feet east of Ansborough Avenue centerline. Tower Park Drive — 100 feet north of Fisher Drive. • Fitzway Drive —125 feet west of Ansborough Avenue centerline. Page 4 of 4 3 • West San Marnan Drive — 150 feet east and west of Ansborough Avenue east and west curb line, respectively. Corridor survey limit is to be ten (10) feet beyond existing east and west Ansborough Avenue right-of-way lines. — i.e., ten (10) feet encroachment onto private properties. III. Preliminary Design Plans The Project will be designed utilizing the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2015, plus General Supplemental Specifications; and applicable Supplemental Specifications, Developmental Specifications, and Special Provisions and/or Iowa Statewide Urban Design and Specifications (SUDAS) standard specification and/or City of Waterloo Standard Specifications. A. Design Services —This task includes the drafting and design tasks necessary to perform the determination of the location and dimensions of the proposed facilities. 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 to prepare 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 City of Waterloo as a background. 2. Roadway Typical Cross Sections) —This task includes the development of a typical cross sections) for the Project roadway(s) (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. 3. 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. VPCs, and VPT's; and the vertical parabolic curve data. 4. 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 V = 20' horizontally and 1" = 10" vertically for 11']x1 7" (half-size) sheets. 5. Hydrology and Hydraulic Calculations — This task includes the preparation of detailed hydrology calculations to be used in the design of the storm water management facilities proposed for the Project. Information gathered during the research and data collection phase and additional information, if necessary, shall be utilized. This task also includes the performance of calculations needed to properly size storm sewer and culverts, if any, proposed as part of the Project. 6. 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. 7. 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 Ament Design or the utility companies during the development of the roadway and right-of-way design. 8. 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. Page 5 of 13 9. 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. 10. Sidewalk, Shared Use Paths, and Pedestrian Ramp Geometrics —This as 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 that will be impacted by roadway construction, and b. the proposed sidewalks, shared -use paths, and pedestrian ramps within the roadway corridor that will needed to accommodate Americans with Disabilities Act (ADA) requirements for the roadway construction, i.e., new pedestrian ramps for receiving non -vehicular traffic from existing pedestrian ramps in other intersection quadrants. 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. 11. Erosion Control Plan —This task includes the development of an erosion control plan for the Project. The plan shall identify the type, size, and location of proposed erosion control elements referencing DOT or SUDAS standards. 12. Storm Water Pollution Prevention Plan (SWPPP) — This task includes the development of a storm water pollution prevention plan (SWPPP) for the Project, if required, based on the extents of the Project. 13. 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. 14. Pavement Marking and Signing Plan — This task includes the development of a pavement marking and signing plan according to the requirements of the City of Waterloo 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. 15. Traffic Signal System Design / Modifications — This task includes the design and preparation of detailed plans for: a. Installing afully-actuated traffic signal installation located at the intersection of Ansborough Avenue and Fitzway Drive /Fisher Drive; b. upgrading and modifying the existing traffic signal installation at Ansborough Avenue and San Marnan Drive, if required by the proposed construction; and c. upgrading and modifying the traffic signal interconnection and intersection monitoring system for these two (2) 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 City of Waterloo will provide Ament Design with information regarding existing traffic signal equipment and phasing and timing information. The City of Waterloo will also input the new traffic signal timing information into the existing or upgraded traffic signal equipment when recommended. This task does not include the design of a new traffic signal installation at the intersection of U.S. 20 westbound on/off ramp and Ansborough Avenue. 16. Prepare Permit Applications —This task includes the preparation and submittal to the City of Waterloo of permit applications (and required exhibits) necessary to commence with the construction of the proposed mprovements. These include, but are not limited to, City of Waterloo (City), County, State, and Federal permits necessary for the Project. The permits that are anticipated are 1) a National Pollutant Discharge Page 6 of 13 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 2) Iowa DNR permit applications, if needed, for any sanitary sewer reconstruction and/or water main reconstruction that s required for Project construction, and 3) a Work within Right of Way Permit from the Iowa DOT. The City of Waterloo will be responsible for submittal of permit applications to the permitting agencies and payment of permit fees. This task also includes the preparation of a Public Notice of Storm Water Discharge and submittal of this notice to the City of Waterloo. City of Waterloo will be responsible for submittal of this notice to two (2) ocal newspapers for publication and payment of publication fees. 17. Budget Review (Preliminary Engineer's Opinion of Anticipated Construction Cost) —This task includes the development of a quantity take -off 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. 18. 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 concerns; coordination with utilities, 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 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. 19. Preliminary Plan Submittal — This item includes the submittal of the appropriate number of copies of the Preliminary Plans to the City of Waterloo. 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 /field check with City of Waterloo staff • Preliminary typical cross sections workmanship and quality of • 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 20. Field Reconnaissance —This task includes a field reconnaissance /field check with City of Waterloo staff after the initial preliminary design plan set is submitted to the City of Waterloo. workmanship and quality of IV. Check Plans and Final Plans A. Check Plans and Draft Project Manual —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 a draft Project Manual, including front end documents and specifications/special provisions. 1. Addition of Text /Information to Drawings —This task includes the addition of information and text to the drawings 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. Page 7 of 13 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 Project Manual; and Updated Engineer's Opinion of Anticipated Construction Cost to the City of Waterloo. B. Final Plans and Project Manual —This item includes the modification of the Check Plans and Project Manual 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 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 — Ament Design will provide input to City of Waterloo to assist with determination of anticipated length of Project construction schedule, intermediate (milestone) completion dates, etc., if necessary. 6. Final Plan Submittal— This item includes the submittal of the appropriate number of copies of the Final Plans, Final Project Manual; and Final Engineer's Opinion of Anticipated Construction Cost to the City of Waterloo. 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 • 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 Installation / Modifications Sheets • Pedestrian Ramp Geometry Sheet(s) • Removals Sheet(s) Erosion Control Plan Sheet(s) • Storm Water Pollution Prevention Plan (SWPPP) Sheet(s) Page 8 of 13 • Pavement Markings and Signing Plan Sheet(s) • Tabulation of Earthwork Quantities Sheet(s) • Special Details Sheet(s) (if needed) • Cross Section Sheet(s) Contractor Procurement A. Bid Period Activities 1. Answer Questions from Contractors —After submittal of Final Plans to the City of Waterloo, clarification of items in question will be provided to assist the City of Waterloo in answering questions from Contractors and any addenda that are necessary. VI. Construction Phase Services A. Construction Surveys — A fee for the necessary construction surveys will be prepared during the Final Design Phase of the Project, after the extent of the proposed improvements is finalized. Construction Surveys will be completed in accordance with the Iowa Department of Transportation Standard Specification for Construction Surveys. B. Ament Design shall perform construction administration for the City of Waterloo during the Construction Phase of the Project. Ament Design shall perform nearly full-time construction observation for the City of Waterloo during the Construction Phase of the Project. 1. General Administration of Construction Contract —Consult with City of Waterloo and act as City of Waterloo's representative. The extent and limitations of the duties, responsibilities and authority of Amen, Design as assigned shall not be modified, except as Ament Design may otherwise agree in writing. All of City of Waterloo's instructions to Contractor will be issued through Ament Design, who shall have authority to act on behalf of City of Waterloo in dealings with Contractor to the extent provided in this Agreement except as otherwise provided in writing. 2. Resident Project Representative (RPR) — Provide the services of an RPR at the Site to assist the Ament Design and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in Attachment A-1. The furnishing of such RPR's services will not extend Ament Design's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement. 3. Pre -Construction Conference — Organize and conduct Pre -construction conference. Prepare and distribute minutes. 4. Visits to Site and Observation of Construction — In connection with observations of Contractor's work in progress while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Ament Design deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by Ament Design, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned to Ament Design in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Ament Design's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such observations, Ament Design will determine, in general, if Contractor's work is proceeding in accordance with the Contract Documents, and Ament Design shall keep City of Waterloo informed of the progress of the Work. b. The purpose of Ament Design's visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Ament Design to better carry out the duties and responsibilities assigned to and undertaken by Ament Design during the Construction Phase, and, in addition, by the exercise of Ament Design's efforts as an experienced and qualified design professional, to provide for City of Waterloo a greater degree of confidence that the completed Work will conform in general to Page 9 of 13 the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. Ament Design shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Ament Design have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Ament Design neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 5. Defective Work —Recommend to City of Waterloo that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Ament Design believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 6. Clarifications and Interpretations; Field Orders — Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Ament Design may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 7. Change Orders and Work Change Directives — Recommend Change Orders and Work Change Directives to City of Waterloo, as appropriate, and prepare Change Orders and Work Change Directives as required. 8. Shop Drawings and Samples — Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. Ament Design has an obligation to meet any Contractor's submittal schedule that has earlier been acceptable to Ament Design. 9. Substitutes and "or -equal." —Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. 10. Inspections and Tests — Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Ament Design's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Ament Design shall be entitled to rely on the results of such tests. 11. Disagreements between City of Waterloo and Contractor —Render formal written decisions on all claims of City of Waterloo and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such decisions, Ament Design shall be fair and not show partiality to City of Waterloo or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 12. Applications for Payment -Based on Ament Design's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Ament Design recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Ament Design's representation to City of Waterloo, based on such observations and review, that, to the best of Ament Design's knowledge, information and belief, Contractor's work has progressed to the point indicated, the quality of such work is Page 10 of 13 generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Ament Design's responsibility to observe Contractor's work. In the case of unit price work, Ament Design's recommendations of payment will include final determinations of quantities and classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Ament Design shall not thereby be deemed to have represented that observations made by Ament Design to check the quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Ament Design in this Agreement and the Contract Documents. Neither Ament Design's review of Contractor's work for the purposes of recommending payments nor Ament Design's recommendation of any payment including final payment will impose on Ament Design responsibility to supervise, direct, or control Contractor's work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Ament Design to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to City of Waterloo free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between City of Waterloo and Contractor that might affect the amount that should be paid. 13. Contractor's Completion Documents. a. Receive and review maintenance and operating instructions, schedules, and guarantees. b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. c. Ament Design shall transmit these documents to City of Waterloo. 14. Substantial Completion —Promptly after notice from Contractor that Contractor considers the entire Work eady for its intended use, in company with City of Waterloo and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of City of Waterloo, Ament Design considers the Work Substantially Complete, Ament Design shall deliver a certificate of Substantial Completion to City of Waterloo and Contractor. 15. Additional Tasks. Perform or provide the following additional Construction Phase tasks or deliverables: a. Attend weekly (or bi-monthly, if appropriate) progress meetings with Contractor and prepare and circulate copies of minutes. b. Perform weekly inspections of Storm Water Pollution Prevention Plan elements furnished, installed, and maintained by Contractor, such as silt fence, inlet protection devices, etc. c. Perform materials testing on engineered fill and subgrade and perform concrete (air and slump tests) and record test results for Portland cement concrete (PCC) pavement, sidewalk, driveways, cast -in- place structures, etc. in conformance with the requirements of the City of Waterloo. If required, prepare test cylinders or beams, transport test specimens to the laboratory, perform strength tests on test specimens, and prepare and document test results. TEAM Services, Inc. will perform this task. d. Prepare and furnish to City of Waterloo Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor. Page 11 of 13 e. Provide one reproducible and correctable printed copy of as -built record drawings and electronic disk in AutoCAD format of the as -built record drawings f. Attend monthly utility coordination meetings with utility company representatives, Contractor, and City staff, and prepare and circulate copies of minutes. 16. Final Notice of Acceptability of the or —Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that Ament Design may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Ament Design shall also provide a notice that the Work is acceptable to the best of Ament Design's knowledge, information, and belief and based on the extent of the services provided by Ament Design under this Agreement. C. Duration of Construction Phase —The Construction Phase will commence with the execution of the first Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by Ament Design for final payment to Contractors. If the Project involves more than one prime contract, Construction Phase services may be rendered at different times in respect to the separate contracts. D. Limitation of Ament Design's Authority and Responsibilities —Neither Ament Design's authority or respon- sibility under this Agreement or under any other provision of the Contract Documents nor any decision made by Ament Design in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Ament Design shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Ament Design to CONTRACTOR, any Subcon- tractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. Ament Design shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. Ament Design shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. The limitations upon authority and responsibility set forth above shall also apply to Ament Design's Consultants, Resident Project Representative, and assistants. List of property owners abutting the Project corridor(s) with contact information (mailing address, VII. Deliverables A. Ament Design Deliverables 1. Minutes of Project review meetings to meeting attendees. 2. Monthly progress reports (submitted with Project invoices) to City of Waterloo. 3. 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 City of Waterloo. 4. Survey notification letter sent to individual property owners along the Project corridor(s) to City of Waterloo. 5. One (1) copy of traffic study report that summarizes the traffic study data collection, analysis, findings, and recommendations. 6. Traffic signal timing plans for the AM, mid-day, and PM peak periods, in Synchroo file format. 7. One (1) copy of each permit application to City of Waterloo. City of Waterloo will be responsible for payment of any required permit application fees. 8. One copy of each Public Notice of Storm Water Discharge for publication by one (1) newspapers to City of Waterloo. City of Waterloo will be responsible for the publication of any required Project notices and associated publication fees. 9. 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 City of Waterloo. 10, Preliminary Plans: One (1) set of preliminary plans, submitted in I Vx17" (half-size) format as an electronic PDF file, and one (1) preliminary Engineer's Opinion of Anticipated Construction Cost, along with accompanying transmittal letter, shall be submitted to City of Waterloo. 11. Check Plans: One (1) set of check plans, submitted in 11"x17" (half-size) format as an electronic PDF file; one (1) set of draft Special Provisions, if needed, submitted as an electronic PDF file; and one (1) updated Engineer's Opinion of Anticipated Construction Cost; along with accompanying transmittal letter, shall be submitted to City of Waterloo. 12. Final Plans: One (1) set of reproducible final plans, submitted in 1 Vx17" (half-size) format as an electronic PDF file; one (1) set of final Special Provisions, if needed submitted as an electronic PDF Page 12 of 13 file; one (1) updated Engineer's Opinion of Anticipated Construction Cost; along with accompanying transmittal letter, shall be submitted to City of Waterloo; and the required number of plan set title sheets and special provision certification pages with certification seals, dates, and original signatures of the certifying Ament Design. 13. One (1) copy of survey field notes including utility structure inspection reports to City of Waterloo. 14. CD or DVD of Project drawings as AutoCAD' files. Electronic files of PROJECT base mapping will include existing control point, property boundary, and topographic information; contour information; and proposed design features. 15. The deliverables indicated in Exhibit A-1 to City of Waterloo. VIII. CITY OF WATERLOO'S RESPONSIBILITIES MATERIAL AND INFORMATION TO BE PROVIDED BY THE CITY OF WATERLOO: The City of Waterloo shall provide the following material and information related to the Project: A. Electronic files of City of Waterloo's Traffic Operations Department's Standard Specifications for Traffic TASKS TO BE PERFORMED BY THE CITY OF WATERLOO: The City of Waterloo shall perform the following tasks related to the Project: A. Attend kick-off meeting, design review meetings, joint utility coordination meetings, construction conference, conference, construction progress and other job-related meetings, and Substantial Completion and final payment field inspections. B. Assist Ament Design will development of coordinated traffic signal timing plans for the signalized intersections within the Project corridor. C. Input new traffic signal timing information into existing and/or upgraded traffic signal equipment. Page 13 of 13 Signal Installations, if required by the City of Waterloo. B. Information pertaining to the horizontal and vertical control for the Project, if available. C. Latest aerial photography for the Project area. 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. Contractor bid prices from recent similar projects let by the City of Waterloo. J. Permit applications that are only available from the City of Waterloo 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. Network -wide reduction value for Year 2017 traffic volumes, if desired by City of Waterloo, for use in development of traffic signal timing plans for the AM, mid-day, and PM peak periods, as needed, during construction. M. Proposed land uses for the undeveloped commercial lands to be included in the traffic study. TASKS TO BE PERFORMED BY THE CITY OF WATERLOO: The City of Waterloo shall perform the following tasks related to the Project: A. Attend kick-off meeting, design review meetings, joint utility coordination meetings, construction conference, conference, construction progress and other job-related meetings, and Substantial Completion and final payment field inspections. B. Assist Ament Design will development of coordinated traffic signal timing plans for the signalized intersections within the Project corridor. C. Input new traffic signal timing information into existing and/or upgraded traffic signal equipment. Page 13 of 13 This is ATTACHMENT A-1, consisting of three (3) page(s), referred to in the agreement between the City of Waterloo and Ament Design, effective August 28, 2017 DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE Resident Project Representative A. Ament Design shall provide a Resident Project Representative ("RPR"), assistants, and other field staff to assist Ament Design in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Exhibit A-1 may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, Ament Design shall endeavor to provide further protection for City of Waterloo against defects and deficiencies in the Work. However, Ament Design shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's Work nor shall Ament Design have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific limitations set forth in Attachment A of the Agreement are applicable. C. The duties and responsibilities 44k RPR are limited to those of Ament Design in the Agreement with the City of Waterloo and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Ament Design's agent at the Site, will act as directed by and under the supervision of Ament Design, and will confer with Ament Design regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Ament Design and Contractor, keeping City of Waterloo advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with City of Waterloo with the knowledge of and under the direction of Ament Design. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Ament Design concerning acceptability. 3. Conferences and Meetings: Att end meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Ament Design's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Ament Design in serving as City of Waterloo's liaison with Contractor when Contractor's operations affect City of Waterloo's on -Site operations. c. Assist in obtaining from City of Waterloo additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Ament Design when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Ament Design. Page 1 of 3 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Ament Design of availability of Samples for examination. c. Advise Ament Design and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Ament Design. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Ament Design. Transmit to Contractor in writing decisions as issued by Ament Design. 8. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist Ament Design in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Ament Design whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made, and advise Ament Design of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Ament Design in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate City of Waterloo's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Ament Design appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Ament Design. 70. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Ament Design's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Ament Design. c. Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Ament Design. Page 2 of 3 I. Reports: a. Furnish to Ament Design periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Ament Design proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Ament Design and City of Waterloo copies of all inspection, test, and system startup reports. d. Report immediately to Ament Design the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Ament Design, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13, Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Ament Design for review and forwarding to City of Waterloo prior to payment for that part of the Work. 14. Completion: a. Before Ament Design issues a Cert ificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Ament Design, City of Waterloo, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Ament Design concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Ament Design's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of City of Waterloo or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Ament Design. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize City of Waterloo to occupy the Project in whole or in part. Page 3 of 3 This is ATTACHMENT B, consisting of one (1) page(s), referred to in the agreement between the City of Waterloo and Ament Design, effective August 28, 2017 PROJECT SCHEDULE AND FEE The scope of Services shall be completed in accordance with the following schedule unless modified by mutual agreement or by factors beyond the control of the Consultant: Contract approval Survey and field data Traffic Counts &Data Collection Base Mapping & Traffic Analysis Design Concept Report Preliminary Plan Submittal Return Preliminary Plan Comments Project walk through Check Plan Submittal Return Check Plan Comments Final Plan Turn -In Bid date The Project fee is broken down as follows: August 28, 2017 September 18, 2017 September 18, 2017 September 29, 2017 September 29, 2017 November 3, 2017 Houdy Rate November 10, 2017 November 10, 2017 November 24, 2017 December 1, 2017 0 December 15, 2017 approximately January 30, 2018 LABOR Technician Land Surveying/Engineering Admin Classification Ti T2 Intern Eng TSenior Mgr Admin TOTAL TOTAL Houdy Rate $75 $95 $105 $130 $155 LABOR Surveys and Base Mapping 0 0 174 0 0 188 $20,470 Traffic Counts and Traffic StudDesign 10 0 12 0 58 80 $11,000 and Project Manual 48 0 166 0 69283 J$170$8HRS $31,725 Traffic Signal Design 0 0 24 0 32 56 $7,480 Utility Coordination 0 0 16 0 8 24 $2,920 Permitting 0 0 2 0 1 3 $365 Project Management 0 0 0 0 23 0 23 46 $5,405 Meetings & Field Reviews 0 0 10 0 10 0 0 20 $29600 Total 58 0 404 0 201 12 25 700 $81,965 Page 1 of 1