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HomeMy WebLinkAboutWillett, Hofmann and Associates - FY22 North Crossing Area Study, Cont. No. 1050 - 9.6.2022VIRDEN CREEK TRIBUTARY DRAINAGEWAY IMPROVEMENTS CITY OF WATERLOO, IOWA PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between Willett, Hofmann and Associates, Inc. (previously Ament, Inc.), 625 32nd Avenue SW, Cedar Rapids, Iowa, hereinafter referred to as "WHA" 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 WHA 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. WHA'S RESPONSIBILITIES WHA 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 WHA and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon WHA 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 Exhibit 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 WHA's failure to meet these standards, WHA shall reperform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since WHA has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, WHA does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. WHA 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) WHA shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which WHA 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. WHA'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) WHA will be providing estimates of costs to the CLIENT covering an extended period of time. WHA 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 WHA are estimates only, made on the basis of WHA's experience and represent WHA's reasonable judgment as a qualified professional. WHA does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by WHA, and the CLIENT waives any and all claims that it may have against WHA 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 WHA 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. WHA shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION WHA agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT, its officers, directors and employees (collectively, CLIENT) against all damages, liabilities or costs, including reasonable attorney's fees and defense costs, to the extent caused by WHA's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom WHA is legally liable. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless WHA, its officers, directors, employees and subconsultants (collectively, WHA) against all damages, liabilities or costs, including reasonable attorney's fees and defense costs, to the extent caused by the CLIENT's negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the CLIENT is legally liable. Neither the CLIENT nor WHA shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, WHA 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 WHA'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. WHA agrees to name CLIENT as Additional Insured on this policy, but only to the extent of WHA'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 WHA against all sums which WHA may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. WHA 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. WHA 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 associated with the final drainage way design is a not -to -exceed fee of Eighty-two Thousand Five hundred Fifty Dollars and no cents ($82,550.00). The fee is broken down in Exhibit B and the standard hourly rates are outlined in Exhibit C. A contingency amount of $4,000.00 has been established for this Agreement and the maximum amount payable under this agreement is $86,550.00. Written request by WHA indicating the need and written approval by the CLIENT are needed prior to usage of the contingency amount. The CLIENT agrees to pay for all services performed and all costs incurred by WHA. Invoices for services shall be submitted either upon completion of such services or on a monthly or otherwise regular or logical basis. Invoices shall be due and payable within 30 days of invoice date. CLIENT shall notify WHA of any objections to the invoice within five (5) working days of receipt. Payment of any invoice indicates CLIENT's acceptance of this Agreement and satisfaction with the services provided. Payment of invoices is in no case subject to unilateral discounting, back charges, or set offs by the CLIENT, and payment is due regardless of suspension or termination of this Agreement by either party. Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge on the unpaid balance. In the event that any portion of an account remains unpaid after 120 days after the invoice date, WHA may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. VII. TERMINATION In the event of termination, suspension or abandonment of the project, WHA shall be equitably compensated for services performed. Either the CLIENT or WHA may terminate this Agreement after giving no less than seven (7) days' written notice if the other party substantially fails to perform in accordance with the terms of the Agreement. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which WHA prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when WHA 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 WHA and CLIENT agrees to release, defend and hold WHA harmless from and against all claims or suits asserted against WHA 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 WHA. Nothing contained in this paragraph shall be construed as limiting or depriving WHA 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 WHA 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) WHA 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 WHA 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 WHA be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities 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 WHA may be fully protected against such third -party claims, CLIENT agrees to obtain and maintain for the benefit of WHA 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 WHA as an additional named insured. X. INDEPENDENT CONTRACTOR WHA shall be an independent contractor with respect to the Services to be performed hereunder. Neither WHA 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 WHA. CLIENT agrees to release, defend, indemnify and hold WHA 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 WHA's sole negligence or willful misconduct. CLIENT shall, at CLIENT's 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 and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. WHA 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 WHA 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, WHA shall be and be deemed to have acted as CLIENT's agent. For WHA'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 WHA with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that WHA'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 WHA. It is intended by the parties to this Agreement that WHA's services in connection with the project anticipated herein shall not subject WHA'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 WHA and the CLIENT agree to submit the dispute to mediation. In the event WHA 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 WHA 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 WHA 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) WHA may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve WHA 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 liability. (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 WHA 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 WILLETT, HOFMANN AND ASSOCIATES, INC. By. 4,entin 'Wart Quentin Hart Printed Name. Printed Name. Jordan K. Primus, P.E. Mayor Title. Title: Cedar Rapids Office Manager 9/6/2022 8/16/2022 Date* Date: Virden Creek Tributary Drainageway August 9, 2022 EXHIBIT A Scope of Services We will provide the following scope of services, performed by Willett, Hofmann, & Associates, Inc. (WHA) in accordance with generally accepted standards of practice and including the services and supplies necessary to perform the tasks listed below. The Project involves: project management; utility coordination; limited research and data collection; preliminary, check, and final design, based on the conceptual and preliminary design previously performed by Ament, Inc.; preparation of updated Contract Documents [plans, specifications (special provisions, if needed), and cost opinion]; assistance with permit application(s); and control surveys. The following provides a description of the tasks to be performed and identification of the proposed work. I. Project Management A. Project Team Design Re -Start Meeting — This meeting shall include members of the Project Team (WHA and CLIENT). The goal of the meeting is to understand the Project's history since June 2013, when initial Project design services were suspended by the CLIENT; to determine the status of the property acquisitions previously identified by Ament, Inc. as being required for Project construction; to verify current Project limits; to define and clarify the CLIENT's requirements for the Project; and to determine the scope of services that are to be provided by WHA and those that are to be provided by others, such as the CLIENT or the developer of the land abutting the Project corridors; obtain available data; develop a detailed Project plan regarding data delivery and format; and 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. • Coordination with Other Consultants: This task involves coordinating and sharing work done on the Project with other Consultants working in the same area. • Monitoring Schedule: If the Project is not on schedule, WHA 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. WHA will make the CLIENT's representative aware of potential change orders to the design contract before the additional services are performed. • Quality Control Plan — This task involves establishment of review and checking procedures for Project deliverables. The WHA Project Manager will designate responsibility for implementation of the plan. C. Project Design Review Meetings — This task involves attendance by WHA at Project design review meetings with representatives of the CLIENT. Up to two (2) meetings are anticipated. WHA 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 CLIENT and/or obtain clarification of information that has been provided by the CLIENT, Virden Creek Tributary Drainageway August 9, 2022 3. identify issues that have developed during Project design, options to address these issues, advantages and disadvantages of these options, and the option that WHA recommends, 4. update the Project schedule, discuss Project progress, and notify the CLIENT 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 CLIENT 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. Check and final plan submittals to utility companies for review of design impacts; and 2. On -site field reviews, as needed. II. Research and Data Collection A. Research and Data Collection 1. Aerial Photography and Topography — PERFORMED PREVIOUSLY BY AMENT, INC. — NOT INCLUDED IN SCOPE. 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. This item also includes research of real estate mapping and other databases for existing plats and survey records to determine property ownership adjacent to the right-of-way of the Project corridors. 3. Encroachment Research — PERFORMED PREVIOUSLY BY AMENT, INC. — NOT INCLUDED IN SCOPE 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. Soil Data Collection — PERFORMED PREVIOUSLY BY AMENT, INC. — NOT INCLUDED IN SCOPE. 6. Horizontal Control Surveys — This item includes establishing up to six (6) horizontal control points, referenced to Iowa State Plane Coordinates, North Zone, as determined from the Iowa RTN. 7. Vertical Control Survey — This item includes establishing up to six (6) vertical control points, referenced to 1988 NGVD through GPS observation (accuracy ± 0.10 feet), with corridor benchmarks to be run using digital level closed level loop with second -order, Class I NGS accuracy. Virden Creek Tributary Drainageway August 9, 2022 8. 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. 9. Property Surveys — PERFORMED PREVIOUSLY BY AMENT, INC. — NOT INCLUDED IN SCOPE. 10. Utility Surveys - PERFORMED PREVIOUSLY BY AMENT, INC. — NOT INCLUDED IN SCOPE. 11. Topographic Surveys — PERFORMED PREVIOUSLY BY AMENT, INC. — NOT INCLUDED IN SCOPE. Update Preliminary Plans Previously Developed by Ament, Inc. using MicroStation CAD Software The Project will be designed utilizing Iowa Statewide Urban Design and Specifications (SUDAS) 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. 1. Verify Recommended Concept — This task includes a review of the conceptual design layout prepared by the CLIENT for the proposed drainageway project. This includes determination of the need for construction of a Portland cement concrete (PCC) cunette in the bottom of the drainageways and the possible use of geotextile fabric materials to provide steeper channel slopes for the drainageways. These design modifications could significantly reduce the Project's footprint and its construction cost. 2. Photographic / Video Review of Project Corridor — PERFORMED PREVIOUSLY BY AMENT, INC. — NOT INCLUDED IN SCOPE. 3. 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 / update Project drawings to current CAD software requirements. This task may 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 an appropriate scale, such as 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 CLIENT as a background. 4. Review Design Standards — This task includes the review of the design standards applicable to the development of the Project. 5. Typical Cross Section(s) — This task includes the development of updated typical cross section(s) for the Project drainageway corridor(s) indicating the type, width, and thickness of cunettes and subbases, cross slopes, and details of walls and curbs, if proposed. 6. Horizontal and Vertical Alignment — PERFORMED PREVIOUSLY BY AMENT, INC. — NOT INCLUDED IN SCOPE. Virden Creek Tributary Drainageway August 9, 2022 7. Cross Sections — This task includes the development and updating of cross sections and the determination of earthwork quantities utilizing templates based on the drainageway typical sections and the horizontal and vertical alignments developed for the Project corridor(s). Any proposed drainageway crossing(s) will be included in the cross sections. Cross sections will be developed at 50- foot intervals at a scale of not greater than 1" = 20' horizontally and 1" = 10" vertically for 11"x17" (half- size) sheets. 8. Culverts — PERFORMED PREVIOUSLY BY AMENT, INC. — NOT INCLUDED IN SCOPE. 9. 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 drainageway corridor(s), as identified by either WHA or the utility companies during the development of the drainageway design. 10. Drainageway Crossing(s) Geometry — This task includes the determination of the detailed horizontal and vertical geometry for the proposed crossing(s) of the drainageway corridor(s). Details will include station locations; centerline angles; dimensions, grades; and spot elevations. 11. PCC Flume and Cunette Joint Layout — This task includes the determination of the proposed joint layout for the drainageway PCC flume and the PCC cunettes, if used. 12. 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 SUDAS standards. 13. 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. 14. Traffic Control Plan — This task includes the development of a traffic control plan for the Project — for the closure of East 4th Street during Project construction. 15. Prepare Permit Applications — This task includes the preparation and submittal to the CLIENT of permit applications (and required exhibits) necessary to commence with the construction of the proposed improvements. The permit that is anticipated is 1) a Joint Application Form to the U.S. Army Corps of Engineers and the Iowa Department of Natural Resources for a Section 404 Nationwide Permit for wetlands impacts. NOT INCLUDED IN THE SCOPE is a permit application for a National Pollutant Discharge Elimination System (NPDES) General Permit No. 2 from the Iowa Department of Natural Resources, since the area of land disturbed by the proposed Project will exceed one (1) acre. This permit applications will be prepared by the CLIENT or others. The CLIENT will be responsible for submittal of permit applications to the permitting agencies and payment of any permit fees. 16. Budget Review (Updated Engineer's Opinion of Anticipated Construction Cost) — This task includes the development of an updated Project 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. Virden Creek Tributary Drainageway August 9, 2022 17. Quality Review — This task includes an office review by the design team, regarding the quality of the design Contract Documents developed to date. The accuracy and completeness of the documents shall be scrutinized to minimize the need for future 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. 18. Updated Preliminary Plan Submittal — This item includes the submittal of the appropriate number of copies of the updated Preliminary Plans to the CLIENT. For the check design review meeting, check design plans will be prepared to 80% development of the Project design. The check plans will include: • Title Sheet • General Notes and Legend and Symbol Information Sheet • Preliminary Typical Cross Section Sheet(s) • Preliminary Special Details Sheet(s) for PCC Flume and Culvert Headwalls, including Reinforcing Bar Schedules and Bent Bar Details. • Preliminary Coordinate Geometry for Drainageway(s) • Plan -and -Profile Sheet(s) with Culvert Type, Size, and Locations • Reference Ties and Benchmarks Sheet(s) • Traffic Control Plan Sheet(s) • Removals Sheet(s) • Erosion Control Plan Sheet(s) • Storm Water Pollution Prevention Plan (SWPPP) Sheet(s) • Cross Section Sheet(s) 19. Field Reconnaissance — NOT INCLUDED IN SCOPE. III. Check Plans A. Check Plans — This item includes the addition of information to the updated Preliminary Plans, the incorporation of the updated Preliminary Plan review comments to develop more fully the Contract Documents, and the development of specifications/special provisions, if needed. A draft Project Manual, including front-end documents, is NOT INCLUDED IN SCOPE. 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. Virden Creek Tributary Drainageway August 9, 2022 4. Quality Review by the Designer — This task includes a detailed review of the information included in the drawings and in the Special Provisions. Any discrepancies discovered shall be resolved prior to continuing to the next step. 5. Budget Review (Updated Engineer's Opinion of Anticipated Construction Cost) — This item includes a refinement of the previous quantity take -offs developed for the standard bid items. Revisions to any unit prices, as is appropriate based on additional information, shall occur as part of this task. A comparison of the current total Project budget with the allocated resources shall be made. The need to resolve any discrepancies shall be evaluated and recommendations to address any budget issues shall be made as part of this task. 6. Check Plan Submittal — This item includes the submittal of the appropriate number of copies of the Check Plans; Draft Special Provisions; and Updated Engineer's Opinion of Anticipated Construction Cost to the CLIENT. B. Final Plans — This item includes the modification of the Check Plans and Draft Special Provisions to incorporate the Check Plan review comments and to finalize the Contract Documents. 1. Incorporate Permit Requirements — This task includes the incorporation of information in the appropriate location related to the requirements of the applicable permit(s) identified above and 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 — WHA will provide input to CLIENT 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 Special Provisions; and Final Engineer's Opinion of Anticipated Construction Cost to the CLIENT. The plan sheets that are anticipated for inclusion in the Final Plan set are listed below: • Title Sheet • General Notes and Legend Sheet Virden Creek Tributary Drainageway August 9, 2022 • Typical Cross Section Sheet(s) • Special Details Sheet(s) for PCC Flume and Culvert Headwalls • Quantities and Tabulations Sheet(s) including Coordinate Geometry for Drainageway(s) • Plan -and -Profile Sheet(s) with Culvert Type, Size, and Locations and Drainageway Crossing(s) Type, Size, and Locations • Reference Ties and Benchmarks Sheet(s) • Traffic Control Plan Sheet(s) • Removals Sheet(s) • Erosion Control Plan Sheet(s) • Storm Water Pollution Prevention Plan (SWPPP) Sheet(s) • Cross Section Sheet(s) IV. Contractor Procurement A. Post -Design Period Activities 1. Answer Questions from Contractors — After submittal of Final Plans to the CLIENT, clarification of items in question will be provided to assist the CLIENT in answering questions from Contractors. DELIVERABLES We will provide the following deliverables: 1. Minutes of Project review meetings to meeting attendees. 2. Monthly progress reports (submitted with Project invoices) to CLIENT. 3. Updated Preliminary Plans: One (1) set of preliminary plans, submitted in 11"x17" (half-size) format as an electronic PDF file, and one (1) preliminary Engineer's Opinion of Anticipated Construction Cost, submitted as an electronic Microsoft Excel file, along with accompanying transmittal letter or e-mail, to CLIENT. 4. 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 Microsoft Word file; and one (1) updated Engineer's Opinion of Anticipated Construction Cost, submitted as an electronic Microsoft Excel file; along with accompanying transmittal letter or e-mail, to CLIENT. 5. Final Plans: One (1) set of reproducible final plans, submitted in 11"x17" (half-size) format as an electronic PDF file; one (1) set of final Special Provisions, if needed, submitted as an electronic Microsoft Word file; one (1) updated Engineer's Opinion of Anticipated Construction Cost, submitted as an electronic Microsoft Excel file; along with accompanying transmittal letter or e-mail, to CLIENT; and the required number of plan set title sheets and special provision certification pages with certification seals, dates, and original signatures of the certifying WHA engineer. 6. One (1) copy of each permit application, if any, submitted as an electronic PDF file or Microsoft Word file to CLIENT. 7. One (1) copy of survey field notes including utility structure inspection reports, if any, submitted as an electronic PDF file to CLIENT. 8. If requested, Project drawings as electronic AutoCAD files. Electronic files of Project base mapping will include existing control point, property boundary, and topographic information; contour information; and proposed design features. Virden Creek Tributary Drainageway August 9, 2022 CLIENT RESPONSIBILITIES The CLIENT shall provide the following material and information related to the Project: A. Information pertaining to the horizontal and vertical control for the Project, if available. B. Latest aerial photography for the Project area. C. Latest aerial topographic mapping for the Project, if available. D. PDF files of GIS data (or photocopies) of sewer utility records, water utility records, storm sewer utility records, traffic signal records, roadway construction records; miscellaneous utility records (as available), and record drawings for adjacent improvements. E. Site plans for adjacent properties. F. Contractor bid prices from recent similar projects let by the CLIENT. G. Attend design re -start meeting, design review meetings, and other job -related meetings, such as field reviews, if conducted. Virden Creek Tributary Drainageway August 9, 2022 EXHIBIT 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 by within six (6) 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 Eighty-two Thousand Five Hundred Fifty Dollars and No Cents ($82,550.00). Control Surveys - Drainageway Design - Contractor Procurement - Total - $ 2,650.00 $76,100.00 $ 3,800.00 $82,550.00 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, WHA determines that its actual costs will exceed the anticipated Agreement amount, it will promptly so notify the CLIENT's Contract Administrator in writing and describe what costs are causing the overrun and the reason. Overruns and additional expenses must receive CLIENT's 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 your project. We can provide these services, but they are not part of this proposal at this time. 1. Assistance with preparation of permit application(s) other than those listed above that are required for Project construction. 2. Construction surveys and other construction phase services, such as construction observations and construction administration. Virden Creek Tributary Drainageway August 9, 2022 EXHIBIT C STANDARD HOURLY RATES CLASSIFICATION OF EMPLOYEE REGULAR OVERTIME HOURLY RATE RATE President & General Manager Principal Engineering Manager Engineering Manager Civil Engineer IV Civil Engineer III Civil Engineering Intern II Civil Engineering Intern I SPP Civil Engineer I, II, III, IV Engineering Intern Principal Architectural Manager Architect IV Architect III Architectural Intern II Architectural Intern I SPP Professional Architect I, II, III, IV Principal Prof. Land Surveyor Manager Prof. Land Surveyor Manager Prof. Land Surveyor IV Prof. Land Surveyor III Prof. Land Surveyor (SIT) II Prof. Land Surveyor (SIT) I SPP Professional Land Surveyor I, II, III, IV Technician IV Technician III Technician II Technician I SPP Technician I, II, III, IV Survey Worker Foreman Survey Worker Survey Worker Intern Administrative Assistant SPP Administrative Assistant Human Resource Assistant Bookkeeper Expenses and Materials From $200.00 $170.00 $130.00 $130.00 $110.00 $105.00 $90.00 $90.00 $55.00 $130.00 $120.00 $110.00 $90.00 $80.00 $80.00 $110.00 $120.00 $90.00 $90.00 $80.00 $80.00 $80.00 $80.00 $70.00 $70.00 $60.00 $60.00 $80.00 $80.00 $50.00 $50.00 $50.00 $50.00 $60.00 At Cost To $310.00 $260.00 $260.00 $200.00 $190.00 $160.00 $140.00 $200.00 $80.00 $210.00 $190.00 $170.00 $150.00 $130.00 $190.00 $180.00 $180.00 $150.00 $140.00 $130.00 $130.00 $150.00 $140.00 $130.00 $110.00 $100.00 $140.00 $130.00 $130.00 $65.00 $90.00 $90.00 $90.00 $110.00 Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate