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HomeMy WebLinkAboutAment Design - Professional Services Agreement - 3/9/2020Please return Ibis copy to: City Clerk & Finance Dept. 715 Mulberry St. Waterloo, IA 50703 DOWNTOWN FIBER OPTIC AND CAMERA PROJECT TRAFFIC SAFETY IMPROVEMENTS IOWA DEPT. OF TRANSPORTATION (DOT) PROJECT NO.: $TBG-SWAP-13165(769)--SG-07 CITY OF WATERLOO PROJECT NO.: TOF-234 CITY OF WATERLOO, IOWA PROFESSIONAL SERVICES AGREEMENT This Agreement Is trade and entered by and between Ament Design, 625 320 Avenue SW, Cedar Rapids, Iowa, hereinafter referred to as "AMENT" and City of Waterloo, Iowa, hereinafter referred to as "CLIENT". IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. 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 Attachment A attached hereto. I1. 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. AMENT's authorized individual is Michael G. Dryden, P.E. (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 failureto meet these standards, AMENT shall reperform such substandard Services as may 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 aVallable 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 Page 1 February 17, 2020 (a) to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. 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 Project Manager with authority to act on CLIENT's behalf on all matters concerning the Services. The CLIENT's Project Manager for this project Is Mohammad Elahl, Traffic Engineer. (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 protect. 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 sults, 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. 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 insurance 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 Inability 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. Page 2 February 17, 2020 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 an 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 rates and other direct expenses In effect at the time the services are performed. Total compensation associated with the fiber optic communications network and traffic camera conceptual design is a not -to -exceed fee of Forty -Nine Thousand One Hundred Dollars and Zero Cents ($49,100.00). The fee is broken down In Attachment B and the standard hourly rates are outlined In Attachment C. A contingency amount of Four Thousand Nine Hundred Dollars and Zero Cents ($4,900.00) has been established for this Agreement and the Maximum Amount Payable under this Agreement is Fifty -Four Thousand Dollars and Zero Cents ($54,000.00). Written request by AMENT Indicating the need and written approval by the CLIENT'S Project Manager are needed prior to usage of the contingency amount. AMENT may bill the CLIENT monthly for services completed at the time of billing. CLIENT agrees to pay AMENT the full.anioUnt 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 base, AMENT will be paid for all expenses incurred and Services rendered 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 Page 3 February 17, 2020 maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk wlthou1 liability or legal exposure to AMENT and CLIENT agrees to release, defend and hold AMENT harmless from and against all claims or siilts asserted against AMENT In the event such documents are used for a purpose different than originally prepared even though such claims or sults 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 basicknowledge 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 entitles performing any of the construction work, or for 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 obtaln 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 Page 4 February 17, 2020 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% sole 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 andfor 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 Including, 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 AMENT's Services requiring drilling, boring, excavation orsoils 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 tills 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 In 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. X1II. 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 mediateany 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 mediationshall 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 Page 5 February 171 2020 to 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 attachments hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the attachments, the attachment 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, Toss 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 other than CLIENT and AMENT 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 By• . Nike( CL APPROVED FOR AMENT DESIGN By: ' ��-c O Printed Name: Quentin Hart Printed Name: Michael G. Dryden, P.E. For: City of Waterloo, Iowa For: Ament Design Title: Mayor Title: Secretary/Treasurer Date' -�/9 / Zd Date; �-� -} 6' do Iowa department of Transportation Accepted for SWAP Authorization° By. Printed Name: Kent Ellis, P.E. Title: Eastern Iowa Region Local Systems Engineer Date: ,_;// *The Iowa DOT Is not a party to this agreement. However, by signing tills agreement, the Iowa DOT Is Indicating the work proposed under this agreement Is acceptable for SWAP funds. Page 6 February 17, 2020 Downtown Fiber Optic and Camera Project Iowa DOT Project No.: STBG-SWAP-8155(769)--SG-07 / City of Waterloo Project No.: TOF-234 February 17, 2020 Page 7 ATTACHMENT A Scope of Services We will provide the following scope of services, performed by Ament Design in accordance with generally accepted standards of practice and including the services and supplies necessary to perform the tasks listed below. The intent of this Scope of Services is to develop Contract Documents including plans, specifications, and opinions of anticipated construction cost. Contract Documents will include sufficient information for the Contractor to route and install fiber optic interconnect cable and will include features such as existing traffic signal cabinets, general routing of fiber optic cable, typical splice diagrams, new conduit details where existing conduit will not be used, locations and details of connections to the existing fiber optic network, typical fiber optic in -ground boxes (handholes), typical fiber optic above -ground add -on splice boxes, fiber optic switches, traffic monitoring camera types and specifications, etc. The Contract Documents are intended to provide adequate information and framework to allow the successful Project bidder to complete the Project and construct the proposed Project improvements with leeway to adjust fiber optic cable routing. The Project will be let by the Iowa Department of Transportation (DOT). Iowa DOT guidelines for Local Public Agency (LPA) and State -let projects pertinent to SWAP funding apply. The Project involves: project management; utility coordination; research and data collection including design field reviews; design; preparation of Contract Documents (initial, check, and final plans, specifications, cost opinions); and contractor procurement services. The following provides a description of the tasks to be performed and identification of the proposed work. Project Management It is understood by the Owner (Client) and the Engineer (Ament Design) that the level and frequency of progress reporting shall be mutually established for each project and shall be based on the complexity and duration of the work to be performed. For this specific Project, it is agreed that progress reporting will be provided on a monthly basis. It is understood by the Owner and the Engineer that the task detail associated with the 85% budget notification shall be mutually established for each project in relation to the complexity and duration of the work to be performed. For this specific Project, it is agreed that all work contemplated in the Agreement will be considered as one task(s). It is further agreed that the 85% budget notification requirements will be waived for this Agreement based on the volume of work assigned, duration, complexity, and rate of progress anticipated on the Project. A. General Project Administration — This task involves tracking the Project design schedule and monitoring the Project scope of services 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 and to identify needed services that are not included in the scope of the design services contract. If the Project is not on schedule, Engineer will present an approach for bringing the Project back on schedule. If additional services are needed, Engineer will make the Owner representative aware of potential change orders to the design contract before the additional services are performed. B. Project Team Kick -Off Meeting — This meeting shall include members of the Project Team (Engineer 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. Downtown Fiber Optic and Camera Project Iowa DOT Project No.: STBG-SWAP-8155(769)--SG-07 / City of Waterloo Project No.: TOF-234 February 17, 2020 Page 8 C. Project Design Review Meetings — This task involves attendance by Engineer at Project design review meetings with representatives of the Owner. Up to four (4) meetings are anticipated. 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 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. II. Research and Data Collection A. Research and Data Collection 1. Aerial Photography — This item includes the collection of digital mapping of aerial photography and available GIS-based data (streets, signals, communications infrastructure, and other facilities) comprising the best available information for the Project area. This information will be obtained from the Owner. 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 only public improvement record drawings. This task includes obtaining record drawings for the 46 intersections/existing traffic signal installations and any building that will be determined to host layer 3 switches or other devices needed for the fiber optic interconnect communication system. This includes information on existing traffic signal equipment, layout, wiring, etc. This information will be obtained from the Owner. This task also includes obtaining and reviewing plans and files denoting existing fiber infrastructure; GIS databases of streets, signals, communications infrastructure, and other facilities; right-of-way information; Owner IT standards; and a review of the traffic signal cabinet inventory provided by the Owner. 3. 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 utility mapping information within the Project area regarding existing transmission and distribution lines and service laterals. 4. Photographic Review of Project Corridor(s) — This task includes taking photographs of the Project site and/or corridor(s) while traveling through the Project area. The purpose of this task is to provide for the efficient review of the site and/or corridor(s) during the design process. Downtown Fiber Optic and Camera Project Iowa DOT Project No.: STBG-SWAP-8155(769)--SG-07 / City of Waterloo Project No.: TOF-234 February 17, 2020 Page 9 5. Limited Topographic Surveys — This item includes the field and office tasks to perform the limited research and field measurements needed 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(s) in recent years. The information to be collected includes topography and visible permanent improvements and features. This task is not expected to require more than seventy-seven (77) hours of effort. III. Preliminary Design Plans The Project will be designed utilizing the Iowa DDT's Standard Specifications for Highway and Bridge Construction, Statewide Urban Design and Specifications (SUDAS), City of Waterloo Traffic Signalization Specifications, and Special Provisions, if needed. A. Design Services — This task includes the drafting and design tasks necessary to perform the determination of the general 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. No acquisitions or takings are anticipated for the Project. 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. Preparation of Base Information — This task includes the collection of the information of the research and data collection phase and the reduction of topographic survey data, if obtained, for the purpose of preparing Project drawings. The plan drawings will be prepared to an appropriate scale 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. Most, if not all, base sheets will be prepared utilizing aerial photography obtained from the Owner as a background. 3. Horizontal Layout — This task includes the development of the approximate horizontal layout for the proposed communications conduit/cable for each roadway corridor where new conduit is to be installed and at each intersection and any public building where the existing signalized intersections and building(s) are to be connected to the traffic signal communications network. This task also includes development of the approximate locations for the proposed traffic detection and monitoring cameras and their associated wiring at each of the Project intersections where these cameras are to be installed. 4. Traffic Signal Communications Infrastructure Upgrade / Fiber Network Design — This task includes preparation of preliminary plans including general routing for upgrading the traffic signal communications infrastructure along the Project roadway corridor(s) and at the Project intersections and public building housing layer 3 fiber optic switches and other devices, if any. Plans will include general layout for the proposed conduits, cables, and handholes and a summary of anticipated Project quantities with Estimate Reference Information. 5. Design Team Field Review — This task includes a field review by the Engineer's Design Team before the preliminary design plan set is submitted to the Owner. Downtown Fiber Optic and Camera Project Iowa DOT Project No.: STBG-SWAP-8155(769)--SG-07 / City of Waterloo Project No.: TOF-234 February 17, 2020 Page 10 6. Budget Review (Initial Engineer's Opinion of Anticipated Construction Cost) — This task includes the development of a quantity take -off in accordance with the Iowa DOT's standard bid items 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. 7. Quality Review — This task includes a review by the Design Team regarding the quality of the design developed to date. Issues such as coordination with utilities, railroad companies, and other agencies; and the maintenance aspects of the facilities shall be considered while making this review. 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. 8. Preliminary Plan Submittal — This item includes the electronic submittal of the Preliminary Plans to the Owner. Preliminary Plans may also be submitted to the Iowa DOT, if requested. For the initial design review meeting, preliminary design plans will be prepared to approximately 60% development of the Project design. The preliminary design plans will include: • Title sheet • Tabulation of Utilities sheet • Typical Details sheet(s) • Initial Estimated Project Quantities sheet(s) • Initial Estimate Reference Information sheet(s) • General Notes sheet • Initial Tabulation of Equipment sheet(s) • Initial Communications Infrastructure Improvements plan sheets — roadway corridor(s) • Initial Communications Infrastructure Improvements plan sheets — intersections • Initial Communications Infrastructure Improvements plan sheets — building(s) 9. Field Reconnaissance — This task includes a field reconnaissance /field check with Owner staff after the preliminary design plan set is submitted to the Owner. IV. Check Plans and Final Plans A. 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. Downtown Fiber Optic and Camera Project Iowa DOT Project No.: STBG-SWAP-8155(769)--SG-07 / City of Waterloo Project No.: TOF-234 February 17, 2020 Page 11 2. Develop Special Details — This item includes the design and drafting of special project details, if necessary. 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 electronic submittal 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. This task includes the electronic submittal of bid item information using the Iowa DDT's web -based Bid Items Application program. B. 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. Refine Special Provisions — This task includes the refinement of the Special Provisions, if necessary, to supplement the Standard Specifications. 2. 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. 3. 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. 4. Final Plan Submittal — This item includes the electronic submittal 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. Downtown Fiber Optic and Camera Project Iowa DOT Project No.: STBG-SWAP-8155(769)--SG-07 / City of Waterloo Project No.: TOF-234 February 17, 2020 Page 12 The plan sheets that are anticipated for inclusion in the Final Plan set are listed below: • Title sheet • Tabulation of Utilities sheet • Typical Details sheet(s) • Final Estimated Project Quantities sheet(s) • Final Estimate Reference Information sheet(s) • General Notes sheet • Final Tabulation of Equipment sheet(s) • Final Communications Infrastructure Improvements plan sheets — roadway corridor(s) • Final Communications Infrastructure Improvements plan sheets — intersections • Final Communications Infrastructure Improvements plan sheets building(s) • Special Details sheet(s), if needed This item includes updating the bid item information entered in the Iowa DOT's web -based Bid Items Application program during the previous plan submittal, if necessary. V. Contractor Procurement A. Bid Period Activities 1. Answer Questions from Iowa DOT— After Final Plans have been placed on file with the Iowa DOT and the Owner, clarification of items in question will be provided to assist the Iowa DOT with preparation of any addenda that are necessary. 2. Attend Pre -Bid Conference (If Needed) — This contingency task will be performed at the Owner's request only and involves attendance by Engineer at Protect pre -bid conference with representatives of the Owner and with potential Project bidders. Owner's staff will facilitate the pre -bid conference. Engineer will prepare and submit agenda and minutes for the pre bid conference to the Iowa DOT for advertisement or distribution to plan holders / potential bidders. VI. Deliverables A. Engineer Deliverables 1. Minutes of project review meetings to meeting attendees. 2. Monthly progress reports (submitted with project invoices) to Owner. 3. Preliminary Plans. 4. Preliminary Engineer's Opinion of Anticipated Construction Cost. 5. Check Plans, draft Special Provisions, if needed, and updated Engineer's Opinion of Anticipated Construction Cost. 6. Final Electronic Bid Item Information, using Microsoft Excel worksheets. 7. Final Plans, final Special Provisions, if needed, and updated Engineer's Opinion of Anticipated Construction Cost. 8. If needed, agenda and minutes for pre -bid conference to Iowa DOT. Downtown Fiber Optic and Camera Project Iowa DOT Project No.: STBG-SWAP-8155(769)--SG-07 / City of Waterloo Project No.: TOF-234 February 17, 2020 Page 13 VII. 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 Traffic Signalization Specifications, if required by the Owner. B. Latest aerial photography for the Project area. C. PDF files of GIS data (or photocopies) of sewer utility records, water utility records, storm sewer utility records, traffic signal records, and miscellaneous utility records (as available). D. Inventory of existing equipment contained in traffic signal cabinet(s) at each Project intersection and public building to be connected to Owner's communications network that is pertinent to design and installation of proposed communications network improvements. E. Inventory of major components that Owner anticipates will need to be furnished and installed by Contractor within or on traffic signal cabinet(s) at each Project intersection and at each public building that is to be connected to the Owner's communications network. F. Contractor bid prices from recent similar projects let by the Owner. Tasks to be Performed by the Owner: The Owner shall perform the following tasks related to the Project: A. Attend Project kick-off meeting. B. Attend Project design review meetings. C. Attend Project field review meetings. D. Facilitate Project pre -bid conference, if needed. Downtown Fiber Optic and Camera Project Iowa DOT Project No.: STBG-SWAP-8155(769)--SG-07 / City of Waterloo Project No.: TOF-234 February 17, 2020 Page 14 ATTACHMENT B Schedule We will begin our services immediately after receipt of the executed Agreement, which will serve as a notice to proceed. We will complete our services within sixteen (16) weeks of receipt of Notice to Proceed unless we are delayed by events, which are beyond our reasonable control. COMPENSATION We will provide the above Scope of Services for a Not -to -Exceed Fee amount of Forty -Nine Thousand One Hundred Dollars and Zero Cents ($49,100.00). 1 2 3 4 5 6 7 a 9 1 11 1 11 Technician Ti Technician T2 Engineering Intern m _ m o o rn m m 5 m m m D 3 2. a r a CD 2 o r m o. m m Di CD o m ClericaVlnvoicinq 0 0 0 0 3 0 3 0 0 6 Project/Contract Management 0 0 0 0 11 0 0 0 2 13 Research / Data Collection o 0 4 2 0 0 0 0 0 6 Conceptual Design - Initial 0 0 1 0 61 0 0 0 0 62 Conceptual Design - Check & Final 0 0 3 0 13 0 0 0 0 16 Drafting - Initial Conceptual Plans 0 0 46 0 0 0 0 0 0 46 Drafting - Check and Final Conceptual Plans o o a o 0 0 0 0 o 8 Field Review 0 0 0 7 14 0 0 0 0 21 Field Surveys o 0 0 0 0 0 0 64 0 64 Travel 0 0 0 0 18 0 0 9 0 27 Meetings o 0 0 0 19 0 0 0 0 19 Utility Coordination 0 0 0 0 8 0 0 0 0 B Quality Control 0 0 0 0 16 0 0 0 2 16 Specifications/Manual 0 0 0 0 10 0 0 0 0 10 Cost Estimating/Quantities 0 0 0 0 18 0 0 0 0 18 Bidding 0 0 0 0 4 0 0 0 0 4 Total Hours 0.0 0.0 62.0 9.0 195.0 0.0 3.0 73.0 4.0 346.0 Rate ($/Hour) 70.00 90.00 10000 125.00 150.00 165.00 75.00 125.00 165.00 Total Anticipated Labor Costs ($) 0 0 6,200 1,125 29,250 0 225 9,125 660 46,585 Total Anticipated Direct Expense Costs ($) 2,515 Total (Not -to -Exceed) Fee Amount ($) 49,100 Contingency Amount ($) 4,900 [MAXIMUM AMOUNT PAYABLE] ($) 54,000 TOTAL Downtown Fiber Optic and Camera Project Iowa DOT Project No.: STBG-SWAP-8155(769)--SG-07 / City of Waterloo Project No,: TOF-234 February 17, 2020 Page 15 The Agreement amount indicated is for the tasks identified in the Scope of Service section above and does not include any tasks listed in the Additional Services section below. If, at any time during the work, the CONSULTANT determines that its actual costs will exceed the anticipated Agreement amount, it will promptly so notify the Contract Administrator in writing and describe what costs are causing the overrun and the reason. Overruns and additional expenses must receive City Council approval to be valid. The terms of this proposal are valid for 30 days from the date of this proposal. ADDITIONAL SERVICES The following are additional services you may require for this Protect. We can provide these services, but they are not part of this proposal at this time. 1. Detailed field surveys including horizontal and vertical control surveys, reference ties, utility surveys, and topographic surveys. 2. Boundary and property surveys adequate to prepare property acquisition documents. 3. On -site field reviews of Project site(s) and/or corridor(s) with utility representatives to discuss Project design and impacts 4. Determination of right-of-way and/or easement requirements to accommodate relocations of any utility facilities. 5. Preparation of Right-of-way and Easement Sheet(s) for inclusion in Contract Documents. 6. Preparation of property acquisition documents with legal descriptions, such as right-of-way acquisition plats and/or temporary construction easement exhibits, if needed. 7. Detailed design of and plans for pedestrian ramps impacted by construction of proposed communications network improvements to provide compliance with Americans with Disabilities Act (ADA) requirements. 8. Assistance with preparation of any permit applications required for Project construction. 9. Construction surveys and other construction phase services, such as construction observations and construction administration. Downtown Fiber Optic and Camera Project Iowa DOT Project No.: STBG-SWAP-8155(769)--SG-07 / City of Waterloo Project No.: TOF-234 February 17, 2020 Page 16 ATTACHMENT C Standard Hourly Rates Technician I Technician 2 Engineer Intern Land Survey Intern Architecture Intern Engineer Land Surveyor Architect Senior Engineer Senior Land Surveyor Senior Architect Engineer Manager Land Survey Manager Architect Manager Administrative Direct Costs: Mileage Bond Copies (per square foot) Copies (per copy) Postage $70.00/hour $90.00/hour $100.001hour $100.00/hour $100.00/hour $125.00/hour $125.00/hour $125.00/hour $150.00/hour $150.00/hour $150.00/hour $165.00/hour $165.00/hour $165.00/hour $75.00/hour Currently at $0.40/ each $0.20/each Currently at $0.575/ mi $0.55/ oz Other direct reimbursable costs will be billed at cost plus 15%.