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HomeMy WebLinkAboutHR Green - PSA - Pavement Mgmnt Plan Update FY25-31- 12.18.2023HRGreen PROFESSIONAL SERVICES AGREEMENT For Waterloo Pavement Management Plan Update FY2025-31 Jamie Knutson, P.E. City Engineer City of Waterloo Engineering Dept. 715 Mulberry St, Waterloo, IA 50703 319-291-4312 Larry Stevens PE Project Manager HR GREEN, INC. 8710 Earhart Lane SW, Cedar Rapids, IA 52404 319-841-4326 HR Green Project #: 2303963 12/18/2023 Version1.0 07012017 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Versionl.0 020122 Page 1 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 THIS AGREEMENT is between the City of Waterloo, Iowa (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The project will consist of updating the Waterloo Pavement Management Program completed in 2019 and the Update of the Waterloo PM Program completed in 2022 by providing the following services: • Update inventory of the City's street system • Evaluate the system's current roadway conditions using most recent IPMP Data • Review major rehabilitation and reconstruction alternatives and the thresholds that will trigger their use to be used in the data analysis and projections and their life cycle costs • Develop revised sustainable maintenance/replacement schedules with annualized costs 1.2 Methodology Pavement Inventory, Condition Analysis, and Recommending and Prioritizing Improvements: • IPMP Data — The Iowa Department of Transportation, through the Iowa Pavement Management Program (IPMP), collects pavement condition data for all public roadways in Iowa on a biennial basis. This automated data collection, utilizing vehicle -mounted sensors, includes roughness of the roadways and various pavement distresses such as rutting or cracking. In addition, a video inventory is obtained. HR Green will analyze this data utilizing the Deighton Total Infrastructure Management System — Business Analytics (dTIMS- BA) software. • Historical review — HR Green will also perform a review of recent plans and maintenance information provided by the City of Waterloo. • Putting dTIMS to work — The IPMP provides cities with a powerful tool for pavement management by subsidizing subscriptions to dTIMS. HR Green's project team has the know-how to put dTIMS to work for the City of Waterloo. By using the City's online software portal, HR Green will cost-effectively analyze vast amounts of mobile scanning data that are already available from the IPMP. With the proper inputs, dTIMS is capable of expediting the LCC analysis process. Properly utilizing dTIMS with accurate inputs will ensure the right treatment is chosen for the right pavements at the right time. 1.3 Data/Assumptions • Update inventory of the City's street system, which consists of over 400 centerline miles • Evaluate the system's current roadway conditions using most recent IPMP Data • Review major rehabilitation and reconstruction alternatives, their costs, and the thresholds that will trigger their use to be used in the data analysis and projections and their life cycle costs • Develop revised sustainable maintenance/replacement schedules with annualized costs o Maintaining target Pavement Condition Index (PCI) o Funding at current levels, which indicates the resulting future average PCI o Funding with 20% reduction of Lost Option Sales Tax Funds and the resulting future average PCI • Prepare a 7-Year CIP for FY 2025-31 with the agreed upon annual funding level Versionl.0 020122 Page 2 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: See Attachment A 3.0 Deliverables and Schedules Included in this Agreement See Attachment B This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: See Attachment A Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others Iowa Pavement Management Program (IPMP) to provide roadway distress data on a biennial basis, starting with dataset collected in 2006. 6.0 Client Responsibilities Be available for meetings as listed in Attachment A and help set plan goals Request that the City's dTIMS software license through IPMP be delegated to HR Green. Provide the following data related to City -owned and/or managed infrastructure: • Updated GIS shape files or maps of all underground utilities • Recent Bid Tabulations 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the Agreement is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non -salary expenses directly attributable to the project such as: (i) living and traveling expenses of employees when away from the home office on business connected with the project; (ii) identifiable communication expenses; (iii) identifiable reproduction costs applicable to the work; and (iv) outside services will be charged in accordance with the rates current at the time the service is done. Versionl.0 020122 Page 3 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event that any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. 7.3 Extra Services Any service required but not included as part of this Agreement shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Per current Rate Schedule with a Not to Exceed fee of $25,000.00 See Attachment C for a fee breakdown. Versionl.0 020122 Page 4 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this Agreement and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This Agreement and its attachments constitute the entire understanding between CLIENT and COMPANY relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written agreement is not issued or signed. 8.3 Time Limit and Commencement of Services This Agreement must be executed within ninety (90) days to be accepted under the terms set forth herein. The services will be commenced immediately upon receipt of this signed Agreement. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Books and Accounts COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance caused by the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven (7) days' written notice. If any portion of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. Versionl.0 020122 Page 5 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of law provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 8.14 Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys fees arising out of or resulting therefrom. Versionl.0 020122 Page 6 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other Instruments of Service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications or other Instruments of Service. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. 8.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorneys fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate Agreement. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise Versionl.0 020122 Page 7 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this Agreement unless indicated in the Scope of Services. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub - consultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, Versionl.0 020122 Page 8 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub - consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 8.26 Intentionally Omitted 8.27 Intentionally Omitted 8.28 Intentionally Omitted 8.29 Intentionally Omitted 8.30 Intentionally Omitted 8.31 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this Agreement, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. Versionl.0 020122 Page 9 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 This Agreement is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the Agreement. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this Agreement and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the Agreement shall be the last date entered below. Sincerely, Approved by: Printed/Typed Name: Title: Vice President James E. Halverson City of Waterloo, Iowa Accepted by: Quer-Hirt J zr Printed/Typed Name: Title: Mayor Quentin Hart Date: 12/1/2023 Date: 12/18/2023 [\\hrgreen.com\HRG\Redirected Folders\Isteven\Desktop\PSA-111723-WaterlooPavementManagementUpdate 2302963.docx ] Versionl.0 020122 Page 10 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 Attachment A — Scope of Services The Scope of Services to be performed by the Consultant shall include the Services and supplies to complete the following tasks: Objective: To provide planning services for an updated Pavement Management FY 2025-31 7-Year Plan. The City of Waterloo maintains a street system that is made up of over 400 centerline miles of paved roadway. The Consultant will perform data analysis, recommend maintenance and reconstruction strategies, and assist the City in prioritization of improvements to be included in the 7-year plan. PHASE A — CONTRACT MANAGEMENT A.1 Project Administration 1.1 Project Management The Consultant shall prepare and submit monthly email updates (1-page) outlining the following: activities during the reporting period, activities planned for the following month, problems encountered and recommended solutions, and overall project status. Consultant shall maintain a system for monitoring progress to allow monthly tracking and invoicing. The monthly update shall include a list of requested information from the City with a desired response date noted to avoid delay of the Consultant's services. The Consultant shall submit with each design service invoice a summary of work performed, estimated task completion percentage, contract completion date and actual completion date. 1.2 Monitoring Project Scope and Schedule This task includes the development and tracking of the project plan for the project development. This includes task identification, scheduling, task assignment, relating all tasks to the others, coordination with other members of the project team. The Consultant shall inform the City of any services required which may not be included in the scope of the design services contract approved by the City for this Project. It will be the responsibility of the Consultant to make the City aware of any potential amendments to the contract before the services are rendered. This notice must occur prior to any extra services being performed. Only those services approved by the City are eligible for compensation. If design work is not progressing in a manner to comply with the anticipated completion date, the Consultant shall provide a brief summary of the actions to be taken to reduce or eliminate any delays in completing the design in accordance with the agreed upon schedule. 1.3 Project Review Meetings The Consultant shall meet with the City to review progress and to discuss specific elements of the project. The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision -making process, and expedite design development. Prepare minutes of the meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by two (2) staff members of the Consultant. The following meetings are included with the scope of work: • Kickoff Meeting • Post Review of Existing Conditions • Draft Plan • Final Plan 1.4 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for plan implementation. Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 .2 Project Coordination 2.1 General Coordination Includes regular coordination with City staff. Also includes coordination with Iowa Pavement Management Program (IPMP) regarding data collection and analysis. 2.2 Utility Coordination Meetings The Consultant will coordinate with City Traffic, Water, and Sanitary Departments as well as with private utilities mainly to gather data on existing utilities and known future improvements. PHASE B — DATA ANALYSIS 8.1 Data Gathering/Analysis Consultant will work with City and IPMP staff to obtain and verify pavement data and condition information. The specific tasks to be performed include the following: 1.1 Revise Existing Conditions Report The Consultant will revise the original pavement conditions report based on the new distress data collected in 2022. Report will include updated map(s) showing condition rating of all the roadways in the City. Portions of this report will be formatted for use on the City's website and for distribution to the public. 1.2 Program Cost Analysis The Consultant will aggregate bid information provided by the City to develop cost trends for major items. Included is a review of treatment unit costs and adjustments of future costs, as required. For budgeting purposes this task will be accomplished one (1) time during each calendar year for the life of this contract and/or subsequent amendments. 1.3 Pavement Performance Curves The Consultant, with input from City staff, will review new IPMP data, and data from other municipalities, and will revise pavement performance curves to be used in the dTIMS analysis and in the application of the treatment methods. 8.2 Maintenance, Rehabilitation, and Reconstruction Strategies 2.1 Preservation Treatments The Consultant will review all of the data to determine if applicable preservation treatments can be used to restore roadway integrity and functional performance. These treatments may include, but are not limited to, thin maintenance preservation methods, joint repairs, full and partial -depth patching, retrofitted edge drains, and improving surface drainage. 2.2 Rehabilitation Treatments The Consultant will determine if rehabilitation treatments are necessary to restore the structural capability of the roadways. These treatments may include, but are not limited to, asphalt and concrete overlays. 2.3 Reconstruction The Consultant will determine if the roadway pavement has reached the end of its service life and requires total reconstruction. A change in surfacing type may also be recommended by the Consultant if deemed appropriate. 2.4 Treatment Factors The Consultant, along with the City, will assemble a list of any treatment related factors that may come into play in determining their feasibility. This list may include the City's experience with the use of the treatment, future A-2 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 maintenance requirements, local contractors' experience with the treatment, availability of needed equipment and materials, and competition among providers of materials. PHASE C — PLAN FOR IMPROVEMENTS C.1 Determine Improvements Consultant will work with the City to set priorities for the improvements. Prioritization will utilize pavement condition data, pavement life -cycle analysis, condition of underlying infrastructure, public input, and available funding. 1.1 Treatment Construction Costs The Consultant will provide opinions of estimated construction costs to construct each treatment included in the treatment selection. The City will provide several year's history of bid tabulations to assist in these calculations. These costs will not include design or engineering costs. 1.2 Treatment Selection The Consultant will assemble what treatment options or group of treatment options will address the deficiencies and distresses within the roadways. 1.3 Prioritized Improvements The Consultant will recommend to the City a preferred strategy that best addresses the needs of the community using the priorities established. C.2 Pavement Management Program 2.1 Pavement Management Report The Consultant will develop a pavement management program report that summarizes the data collection and analysis, the prioritization of the improvements, and the recommended improvements. Report will include a map(s) showing condition rating of all the roadways in the City. Portions of this report will be formatted for use on the City's website and for distribution to the public. 2.2 Develop 7-year Plan The Consultant, with assistance/input from City staff, will prepare a 7-year plan programming anticipated Local Option Sales Tax funds. Consultant will prepare magnitude of costs for design and construction of the recommended improvements. Task does not include preparation of detailed cost estimates. Goal of Consultant will be to stay within 10% of the annual revenue to be received in each fiscal year for seven (7) years. Funds will be programmed annually and expenditures broken down by fiscal year. Plan will include programming of design fees and construction fees, likely in separate fiscal years. The plan will be segregated into 3 phases to allow for flexibility in the actual year that projects will occur. 2.3 Progress Reporting It will be important for the City to track the progress of the pavement management plan, and to track to progress of the program to assist in showing the success of program for possible renewal at the end of the funding period. The Consultant will update the mapping/visual aids at the end of the first construction year in order for the City to report their progress back to the public. ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1. Updates to dTIMS data, including continuous updates and tracking of projects with the software A-3 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 2. Yearly updates to the 7-year plan 3. Field inspection of related infrastructure including storm sewer, traffic signals, and bridges. 4. Design services of individual projects 5. Public Involvement Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 Attachment B — Deliverables and Schedule Deliverables: • Meeting Agendas and Minutes (this will also document policy goals and tracking metrics) • Existing Conditions Report • Updates to City dTIMS BA system • Pavement Management FY 2025-31 7-year Plan & Report • City Council Presentation Power Point • Geodatabase containing all relevant shapefiles Schedule: 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 / Notice to Proceed December 18, 2023 Kick -Off Meeting Early January, 2024 Existing Conditions Analysis March 1, 2024 Develop Pavement Management Plan May 1, 2024 Deliver Report, Presentations, and any Online Content May 15, 2024 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 Attachment C — Fee Breakdown PHASE A - CONTRACT MANAGEMENT PHASE B - DATA ANALYSIS PHASE C - PLAN FOR IMPROVEMENTS TOTAL $ 5,000.00 $ 12,000.00 $ 8,000.00 $25,000.00