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HomeMy WebLinkAboutMcClure PSA (Dakota Drive) 8.5.24McCLURE ENGINEERING COMPANY Project Name: Dakota Drive Construction Project Project Number: 2024000966-000 Project Manager: Matt Allender STANDARD AGREEMENT FOR CONSULTING SERVICES 11110 McCLURE' This Agreement, is made on the 24th day of July, 2024, by and between McClure Engineering Company, of Clive, Iowa, (herein referred to as "CONSULTANT") and the City of Waterloo (hereinafter referred to as "OWNER"). The CONSULTANT will provide services per the terms and conditions outlined in this Agreement and in accordance with the scope and schedule presented in Exhibit 'C'. The services will be compensated for in accordance with the fees or hourly rates as presented in Exhibit 'B', for the Project described as: DAKOTA DRIVE CONSTRUCTION PROJECT 1. The OWNER shall provide information per the OWNER's responsibilities presented in Exhibit 'E' in a timely manner so as not to delay the services provided by the CONSULTANT. 2. Payment to the CONSULTANT shall be made within 30 days of invoice for work completed to date. The invoice will include the percentage of work complete, an estimate to complete and, a brief project status summary. 3. Past due amounts owed shall accrue interest at 1 .5% per month from the 30th day. If the OWNER fails to make monthly payments due the CONSULTANT, the CONSULTANT may, after giving (7) days written notice to the OWNER, suspend services under this agreement. 4. THIS AGREEMENT IS SUBJECT TO ALL THE TERMS AND CONDITIONS ATTACHED TO THIS AGREEMENT. 5. This Agreement represents the entire and integrated agreement between the OWNER and the CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the OWNER and the CONSULTANT. 6. Neither party to this AGREEMENT will be liable to the other party for unavoidable delays in performing the Scope of Services, or for the direct or indirect cost resulting from such delays, that may result from acts of God, acts of governmental authorities, extraordinary weather conditions or other natural catastrophes, or any other cause beyond the reasonable control or contemplation of either party. Each party will take reasonable steps to mitigate the impact of any force majeure. The CONSULTANT will adjust the schedule and compensation under this agreement to the extent that CONSULTANT's schedule and compensation are equitably adjusted by the OWNER. Unavoidable Delays means delays in performance resulting from acts or occurrences outside the reasonable control of the party claiming the delay in performance, including but not limited to storms, floods, excessive rain, hail, wind, hurricanes, tornadoes, fires, explosions or other casualty losses, unusual weather conditions, global medical pandemics, including but not limited to that certain global medical pandemic which has come to be known as "Coronapvirus" or "Covid-1 9", national medical pandemics in the United States of America, strikes, boycotts, lockouts or other labor disputes, delays in transportation or delivery of material or equipment, litigation commenced by third parties, or the acts, restrictions, or prohibitions of any federal, State or local governmental unit. 7. The amount of the CONSULTANT's compensation is $169,700.00. The contract type is Lump Sum. Attached Exhibits Included Not Included Exhibit 'A' Standard Terms and Conditions ® ❑ Exhibit 'B' Hourly Rate Schedule ® ❑ Exhibit 'C' Detailed Scope of Work ® ❑ Exhibit 'D' Subconsultant(s) Contract ❑ 0 Exhibit 'E' Owner's Responsibilities to Consultant ® ❑ Exhibit 'F' Duties and Responsibilities of RPR ❑ Exhibit 'G' Drawing Depicting the Project ® ❑ Exhibit 'H' Construction Item List Cost Estimate ❑ Exhibit 'I' Regulatory Requirements ❑ OWNER: City of Waterloo By: Queft&/z 9ry( DIGITALLY� (� a SIGC;ED 8/5/2024 Title: CONSULTANT: McClure Engineering Company Signed: Title: Team Leader EXHIBIT A McCLURE ENGINEERING COMPANY CONSULTANT STANDARD TERMS AND CONDITIONS (Effective 1 /1 /2024 through 12/31/2024) 1.0 ACCESS TO SITE: The Consultant shall at all times have access to the Project site. 2.0 INFORMATION PROVIDED BY OTHERS: The Consultant shall be entitled to rely upon the accuracy and completeness of data provided by the Owner and shall not assume liability for such data. The Consultant does not practice law, insurance or financing, therefore, the Owner shall furnish all legal, accounting and insurance counseling services as may be necessary to protect themselves at any time during the Project. Owner shall hold Consultant harmless from damages that may arise as a result of inaccuracies of information or data supplied by Owner or others to Consultant. 3.0 OWNERSHIP AND REUSE OF DOCUMENTS: All documents are instruments of service, and Consultant shall retain an ownership and property interested therein (including the copyright and the right of reuse at the discretion of the Consultant) whether or not the Project is completed. 3.1 Owner may make and retain copies of documents for information and reference in connection with the use of the documents on the Project. Consultant grants Owner a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Consultant of full payment due and owing for all services relating to preparation of the documents, and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Consultant, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Consultant; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Consultant, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and Consultants; (3) Owner shall indemnify and hold harmless Consultant and its officers, directors, members, partners, agents, employees, and Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Consultant; and (4) such limited license to Owner shall not create any rights in third parties. 3.2 If Consultant at Owner's request verifies the suitability of the documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Consultant at an amount agreed upon by Owner and Consultant. 4.0 UNDERGROUND UTILITIES: Due to the nature and uncertainty of the accuracy of data available for underground utilities, including drainage tile, and/or any information that may be supplied by the Owner, third parties, and/or research performed by the Consultant or its subcontractors, the Owner agrees to indemnify and hold harmless the Consultant for all claims, losses, costs and damages arising out of the location of underground utilities provided by the Consultant under this Agreement. 4.1 The Owner may choose to contract separately to have extensive investigations and research conducted if the Owner feels it necessary to have more accurate location of underground utilities confirmed. 5.0 SUBSURFACE CONDITIONS: The Consultant may advise the Owner to conduct soil and/or subsurface testing and analysis to provide information to the Owner, Consultant, and contractor(s) as to the subsurface conditions that may generally be encountered during subsurface construction. 5.1 The Consultant cannot warrant or guarantee that the information provided is reflective of all subsurface conditions that may be encountered, or to the extent that subsurface conditions such as soil properties, groundwater, rock, etc., may vary from location to location throughout subsurface construction. II1% MCCLURETM 5.2 Any unexpected change or unforeseen subsurface conditions (including those that may be caused by weather conditions) will be addressed when encountered and may result in a change in construction price and/or schedule, and the Consultant shall be held harmless from issues arising out of these unseen subsurface conditions. 6.0 HAZARDOUS MATERIALS — INDEMNIFICATION: The Consultant is not in the business of making environmental site assessments for purposes of determining the presence of any toxic, hazardous or other environmental damaging substances. The purpose of this provision is to be certain that the Owner is aware of the potential liability if toxic, hazardous or environmental damaging substances are found on or under the property. Consultant makes no representations regarding an environmental site assessment, relies upon Owner to have fully investigated the need and/or scope of such assessment and assumes no responsibility for the determination to make an environmental site assessment on the subject property. 7.0 OPINIONS OF PROBABLE COST: Consultant's opinions (if any) of probable construction costs are to be made on the basis of Consultant's experience, qualifications, and general familiarity with the construction industry. However, because Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from opinions of probable construction cost prepared by Consultant. If Owner requires greater assurance as to probable construction cost, then Owner agrees to obtain an independent, third -party cost estimate. 8.0 PROJECT FUNDING AND FINANCING: It shall be the responsibility of the Owner to plan, organize, and secure funding to pay all costs associated with the project. The funding may include local financing and/or funding obtained through federal or state funding programs such as low interest loans, grants, etc. If the Consultant is retained to help apply and/or secure funding from internal or external funding agencies, the Consultant shall not be responsible for the acquisition of funding and makes no guarantee funding applications prepared by the Consultant will successfully secure funds. 8.1 If the Owner secures outside funding from any such programs, while the Consultant may be retained to help monitor and submit pay requests for loan or grant draws from the respective agencies, the Consultant shall not be responsible for the Owner's obligation to comply with any criteria required to use the funds, including responsibility for any funding match required by the Owner. 9.0 ADDITIONAL SERVICES: It is not unusual for the Owner to request the Consultant to provide additional services or that additional work may be required to deal with a contractor during construction that was not foreseen at the time the original scope of work was agreed to when the Consultant contract was signed. The Owner recognizes the Consultant shall be entitled to additional compensation to coordinate such changes and schedules shall be adjusted accordingly. The Consultant may prepare drawings, specifications and other documents required to address the changes in the scope of work as necessary to satisfactorily complete the project. 10.0 BETTERMENT: If the Consultant failed to include a component(s), or if during construction it is discovered a component(s) is required that was not in the Consultant's original plans or specifications, and that the component(s) is necessary to complete a satisfactory project, the Consultant shall not be responsible for paying the cost required to add such component(s) to the extent that such component(s) would have been required and included in the original construction documents. 10.1 In no event shall the Consultant be responsible for any cost or expense that provides betterment or that upgrades or enhances the value of the Owner's project if the component should have originally been included in the construction drawings and/or specifications. Exhibit A Consultant Terms and Conditions Standard Agreement Page Al 11.0 SHOP DRAWING REVIEW: If, as part of this Agreement Consultant reviews contractor submittals, such as shop drawings, product data, samples and other data, as required by Consultant, these reviews and approvals shall be only for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the contractor. Consultant shall not be responsible for any deviations from the contract documents not brought to the attention of Consultant in writing by the contractor. Consultant shall not be required to review partial submissions or those for which submissions of correlated items have not been received. 12.0 CONSTRUCTION OBSERVATION: If, as part of this Agreement, Consultant is providing construction observation services, Consultant shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractor's or subconsultant's work and to determine if the work is preceding in general accordance with the Contract Documents. The Consultant is not a contractor and shall not at any time supervise, direct, control, or have authority over any of the contractor's and/or subconsultant's work. 12.1 Consultant shall not have authority over or be responsible for the means, methods, techniques, sequences, schedule, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for the security or safety at the site, nor for any failure of a contractor to comply with laws and regulations applicable to that contractor's furnishing and performing of its work. 12.2 Consultant shall not be responsible for the acts or omissions of any contractor 12.3 Consultant neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform the work in accordance with the construction contract documents. 12.4 Consultant shall not be responsible for any decision made regarding the construction contract documents, or any application, interpretation, clarification, or modification of the construction contract documents, other than those made by the Consultant or its Consultants. 12.5 Unless otherwise specified in this Agreement, the Owner has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. 13.0 DESIGN WITHOUT CONSTRUCTION PHASE SERVICES: If Consultant is not retained for construction observation and/or on -site resident observation services, Consultant shall have no design, shop drawing review, or other obligations during construction, and Owner assumes all responsibility for the application and interpretation of construction contract documents, review and response to contractor claims, construction contract administration, processing of change orders and submittals, revisions to the construction contract documents during construction, construction observation and review, review of contractor's payment applications, and all other necessary construction phase administrative, engineering, surveying and professional services. Owner waives all claims against the Consultant that may be connected in any way to construction phase administrative, engineering, surveying or professional services. 14.0 MEDIA REPRESENTATIONS: The Consultant shall have the right to include photographic or artistic representations of the design of the Project among the Consultant's promotional and professional materials. The Consultant shall be given reasonable access to the completed Project to make such representations. However, the Consultant's materials shall not include the Owner's confidential or proprietary information. The Owner shall provide professional credit for the Consultant in the Owner's promotional materials for the Project. Notwithstanding anything to the contrary in the present agreement, the Parties' obligations outlined in this clause shall survive the termination of this Agreement for an indefinite term. 15.0 TERMINATION: This Agreement may be terminated by either party upon not less than seven days written notice should the other party fail substantially to perform in accordance with the terms of the Agreement through no fault of the party initiating the termination. This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Consultant in the event the Project is permanently abandoned. upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Consultant within seven days of the date of the notice, the suspension shall take effect without further notice. 15.2 In the event of a suspension of services, the Consultant shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. In the event of termination not the fault of the Consultant, the Consultant shall be compensated for services performed prior to termination and all termination expenses. Termination expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. 16.0 DISPUTE RESOLUTION: Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to mediation unless each of the parties mutually agrees otherwise. No mediation arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the Owner, Consultant, and any other person or entity sought to be joined. In no event shall the demand for mediation be made after the date when the institution of legal or equitable proceedings based upon such claim would be barred by the applicable statute of limitations. The award rendered in the mediation shall be non -binding. 17.0 LIMITATION OF LIABILITY: The Consultant's liability shall be limited to $50,000.00 or the fee for the work performed, whichever is greater, or as specifically agreed to by separate agreement. 18.0 STANDARD OF CARE: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. 19.0 PAYMENT: Amounts unpaid 30 days after invoice date shall bear interest from the date payment is due at a rate of 1.5% per month compounded and shall include costs for attorney fees and other collection fees related to collecting fees for service. 20.0 LIEN RIGHTS: Consultant retains all rights to mechanic's or design professional lien rights through the completion of the obligations of this agreement at the sole judgment of the Consultant. 21.0 WAIVERS: The Owner and the Consultant waive all rights against each other and against the contractors, Consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction. The Owner and Consultant each shall require similar waivers from their contractors, Consultants and agents. 22.0 ASSIGNMENT: The Owner and Consultant, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Consultant shall assign this Agreement without the written consent of the other. 23.0 GOVERNING LAW: Unless otherwise provided, the Agreement shall be governed by the laws of the State of Iowa. 24.0 COMPLETE AGREEMENT: This Agreement represents the entire and integrated agreement between the Owner and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Consultant. 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 Owner or Consultant. 15.1 Failure of the Owner to make payments to the Consultant in accordance with the Agreement shall be considered substantial non- performance and cause for termination. If the Owner fails to make payment when due the Consultant for services, the Consultant may, Exhibit A Consultant Terms and Conditions Standard Agreement Page A2 EXHIBIT B McCLURE ENGINEERING COMPANY HOURLY RATE SCHEDULE (Effective 1 /1 /2024 through 12/31/2024) 1110 MCCLURETM PERSONNEL HOURLY RATE Principal $270 - $295 Project Manager $185 - $230 Senior Professional $185 - $285 Professional $155 - $185 Junior Professional $125 - $155 Senior Technician $155 - $175 Technician $115 -$135 Landscape Architect $125 - $160 On -Site Representative $115 - $155 Client/Project Liaison $135 - $185 Administrative $65 - $85 Public Relations $115 - $150 3 Member Survey Crew $280 2 Member Survey Crew $210 1 Member Survey Crew $135 EQUIPMENT 3D Scanner per Scan $30.00 Photogrammetry Drone per Flight $125.00 Sonar Boat $125.00 LiDAR Drone per Flight $250.00 MISCELLANEOUS EXPENSES Survey Vehicle Mileage $0.75/Mile + $0.15 fuel surcharge Automobile Mileage (at current IRS rate) Current IRS Rate Printing Per Contract Survey Supplies (Hubs, Lath, Paint, Nails, etc.) Per Contract Out -of -Pocket Expenses (Meals, Hotels, etc.) Per Contract *Rates are subject to change based on billing rates for future years Exhibit B McClure Hourly Rate Schedule Page B1 EXHIBIT C McCLURE ENGINEERING COMPANY DETAILED SCOPE OF WORK Dakota Drive Construction Project III0 MCCLURF I) PROJECT DESCRIPTION A) The PROJECT includes the construction of Dakota Drive, from the existing proposed intersection with Ansborough Drive, approximately 2,650 feet east to the end of the proposed plat, and two intersections along Dakota Drive will be built to the end of returns. B) The proposed typical width of Dakota Drive will be 31' (back of curb to back of curb) wide and the pavement cross section will be determined during the design. C) The PROJECT includes ADA-compliant sidewalk and pedestrian ramps at the intersection of Dakota Drive and its two (2) intersecting side roads within the proposed development. D) The PROJECT includes constructing storm sewer, intakes, and manholes along Dakota Drive and throughout the project limits. E) The PROJECT does NOT include constructing water main, appurtenances, valves, and hydrants from Ansborough Avenue into the proposed development. F) The PROJECT does NOT include constructing sanitary sewer main and manholes from the existing crossing beneath US Highway 20, through the project limits, and extending 200' west of Ansborough Avenue. G) The PROJECT does NOT include preparing an application for the Iowa DOT Revitalizing Iowa's Sound Economy (RISE) program. H) The PROJECT will be let through a local letting and the 2024 edition of Iowa Statewide Urban Design and Specifications (SUDAS) and any City of Waterloo Supplemental Specifications (if required) will be applicable to the design. I) The PROJECT will be partially funded using Revitalizing Iowa's Sound Economy (RISE) funds and will be split into two divisions to track construction funding. The requirements for the RISE funds include reimbursement claims during design and construction, check and final plans and specs submittal, Targeted Small Business (TSB) contract provisions, daily construction inspection, project closeout documentation, and RISE monitoring documentation. II) BASIC SERVICES A) PHASE 100 — PRELIMINARY PLANNING AND REPORTS 1) Not included in this agreement. B) PHASE 200 — EXISTING CONDITIONS 1) Not included in this agreement. C) PHASE 300 — FUNDING 1) The project is seeking Revitalizing Iowa's Sound Economy (RISE) funding. Further coordination efforts by the CONSULTANT for this funding type will be included in Phase 850 (Project Management). D) PHASE 400 — PRELIMINARY DESIGN 1) Task 401 — Preliminary Design and Plans (a) The CONSULTANT will perform preliminary design services with the primary focus on geometric plans and profiles, existing and proposed utility locations, and determining right-of-way and easement requirements. The CONSULTANT will incorporate potential elements that may affect the corridor improvements, including property impacts, construction staging, and traffic control operations. This task includes the preparation of a design criteria memorandum and preliminary design plans depicting the proposed grading, drainage, paving, signing, utility relocation, and other features of the PROJECT. (b) Design Criteria Memorandum (i) The CONSULTANT will prepare a design criteria memorandum to document the design criteria to be utilized for the project and to document any anticipated exceptions to published statewide design criteria. Exhibit C Detailed Scope of Work Page I Cl (c) Preliminary Roadway Geometrics (i) The CONSULTANT will refine roadway geometrics for the PROJECT based on the concept design approved by the OWNER and approved design criteria. (d) Preliminary Horizontal Alignment and Vertical Profiles (i) Utilizing the preliminary geometric layout, the CONSULTANT will refine the horizontal alignment and develop vertical profiles for Dakota Drive. (e) Roadway Modeling and Cross Sections: (i) The CONSULTANT will integrate refined alignments and profiles, OWNER approved typical sections, and existing terrain to prepare a preliminary roadway model and cross sections for inclusion in the preliminary plans. (ii) All cross sections will be at 25-foot intervals along Dakota Drive. (f) (g) Preliminary Acquisition Requirements Identified (i) The CONSULTANT will identify permanent right-of-way and permanent/temporary easement needs based on the preliminary design development. Preliminary Storm Sewer Design (i) The CONSULTANT will perform storm sewer and drainage design in accordance with SUDAS Stormwater Management Criteria and SUDAS Standard Specifications. (h) Preliminary Sanitary Sewer Design (i) Not included in this agreement. (i) Preliminary Water Main Design (i) Not included in this agreement. (j) Preliminary Plans: The CONSULTANT will design and prepare 60% plan drawings for the improvements as outlined in Exhibit 'C' (Scope of Services), Section 1 (Project Description) and Exhibit 'G' of the Agreement. The 60% plans will include the following: (i) A -Sheets (Title Sheet) (ii) B-Sheets (Typical roadway sections and special details) (iii) D-Sheets (Mainline plan and profile) (iv) F-Sheets (Removals) (v) G-Sheets (Survey control and alignments) (vi) H-Sheets (Right-of-way layout) (vii) J-Sheets (Staging layout and traffic control) (viii) M-Sheets (Storm sewer plan and profile) (ix) S-Sheets (Sidewalk plan view layout only. Sidewalk tabulation sheets are to be performed during final design) (x) W-Sheets (Preliminary mainline cross sections) (k) Order of Magnitude Opinion of Probable Construction Costs (i) The CONSULTANT will prepare one (1) Preliminary Plan Opinion of Probable Construction Cost with a 10% construction contingency for the project. (I) Furnish 60% Documents (i) The CONSULTANT will submit and distribute a preliminary plan set to the OWNER for review and comment. (ii) The CONSULTANT will submit the Preliminary Opinion of Probable Construction Costs. Exhibit C Detailed Scope of Work Page I C2 (m) Quality Control (i) The CONSULTANT will provide quality control for technical accuracy and general constructability for the preliminary PROJECT submittal. (ii) This task includes time for the CONSULTANT to coordinate comment resolution with OWNER based on one (1) round of OWNER review comments received following submittal of the Preliminary Plans. (n) The CONSULTANT will mark soil boring locations in the field for the SUBCONSULTANT. EJ PHASE 500 — FINAL DESIGN 1) Task 501 — Final Design and Plans Pre -Final (Check) Design and Plan Preparation (a) Based upon approved preliminary design, field review, and project information meeting, the CONSULTANT shall proceed to final design, contract drawings, specifications, and opinion of probable construction cost for the award of a single Contract for the construction of the proposed improvements. (b) Lighting Design (i) The Consultant will perform a lighting design of the corridor utilizing the utility poles. (ii) This task includes up to two (2) meetings with the OWNER and utility representatives. (iii) The CONSULTANT shall prepare a preliminary design and fixture layout along Dakota Drive within the project corridor. The CONSULTANT will adjust preliminary layout, as needed, based on average illumination and uniformity values determined. (iv) The CONSULTANT shall prepare a preliminary street lighting exhibit showing proposed pole and fixture locations and types and general notes. Submittal of preliminary exhibit will be to OWNER for review. (v) The CONSULTANT shall finalize street lighting exhibit based on OWNER comments received and submit to the OWNER and utility representatives. (vi) The design will utilize SUDAS lighting design standards. (c) Check Plans: The CONSULTANT will design and prepare Check (95%) Plan drawings for the improvements as outlined in Exhibit 'C' (Scope of Services), Section 1 (Project Description) and Exhibit 'G' of the Agreement. The Check (95%) plans will include the following: (i) A -Sheets (Title Sheet) (ii) B-Sheets (Typical roadway sections and special details) (iii) C-Sheets (Estimated construction quantities, estimate reference information, pertinent quantity tabulations, and general notes) (iv) D-Sheets (Mainline plan and profile) (v) F-Sheets (Removals) (vi) G-Sheets (Survey control and alignments) (vii) H-Sheets (Right-of-way layout) (viii) J-Sheets (Staging layout and traffic control) (ix) K-Sheets (Pavement marking and permanent traffic sign layout) (x) L-Sheets (Intersection jointing and geometric details) (xi) M-Sheets (Buried Pipe plan and profile) (xii) R-Sheets (Erosion control and storm water pollution prevention plan) (xiii) S-Sheets (Sidewalk layout and tabulation) (xiv) U-Sheets (Special details, if necessary) (xv) W-Sheets (Mainline cross -sections) (d) Project Manual: (i) CONSULTANT shall prepare project manual documents that will include City of Waterloo front end documents (if applicable) modified to support the project. The SUDAS Standard Specifications and City of Waterloo Supplemental Specifications (if available) shall be referenced for construction. Specifications may include Special Provisions to supplement SUDAS Standard Specifications. Due to project being RISE funded, Targeted Small Business (TSB) Contract Provisions will be included in the Project Manual. Exhibit C Detailed Scope of Work Page I C3 (e) Special Provisions: (i) CONSULTANT shall prepare special provisions, as necessary, to provide new or modified specifications for project specific products or procedures to describe their construction and payment. (f) Order of Magnitude Opinion of Probable Construction Costs (i) The CONSULTANT will prepare one (1) Check Plan Opinion of Probable Construction Cost with a 5% construction contingency for the project. (g) Furnish 95% Documents (i) The CONSULTANT will submit and distribute a Check Plan set to the OWNER for review and comment. (ii) The CONSULTANT will submit the following to the Iowa DOT for review and comment: 1. Check Plans (including comments from the Preliminary Plans from the City) 2. Check Plan Checklists per Iowa DOT requirements 3. Opinion of Probable Construction Costs (Check Plans) (h) Quality Control (i) The CONSULTANT will provide quality control for technical accuracy and general constructability for the check PROJECT submittal. (ii) This task includes time for the CONSULTANT to coordinate comment resolution with OWNER based on one (1) round of OWNER review comments received following submittal of the Check Plans. (i) (i) Project Permitting (i) NPDES Storm Water Permit 1. The CONSULTANT will obtain public notices and proof of publication, submitting Notice of Intent, and preparing the 'initial' Storm Water Pollution Prevention Plan (SWPPP) for the PROJECT using the OWNER's SWPPP template. The OWNER is responsible for implementation during construction. Final Plans: (i) Furnish Final Plans and Project Manual 1. The CONSULTANT shall assemble the documents for final submittal to the OWNER. Deliverables will be submitted electronically as well as five (5) hard copies with a submittal letter. 2. The CONSULTANT will submit the following to the Iowa DOT for review and comment: 1. Final Plans (including comments from the Check Plans from the City and Iowa DOT) 2. Final Plan Checklists per Iowa DOT requirements 3. Opinion of Probable Construction Costs (Final Plans) (ii) Order of Magnitude Opinion of Probable Construction Costs 1. The CONSULTANT will prepare one (1) Final Plan Opinion of Probable Construction Cost for the PROJECT. This estimate will be based on final quantities with 0% construction contingency for the project. The estimate shall be based on engineering judgement and does not represent a guarantee of actual construction costs. The CONSULTANT has no control over the cost of labor, materials, equipment, market conditions, and the Contractor's method of determining prices. PHASE 600 — CONSTRUCTION ADMINISTRATION 1) Task 601 — Construction Administration (General) (a) Not included, this item will be completed via Supplemental Agreement or a Separate Agreement. 2) Task 602 — Advertising, Bidding, Contract Award (a) The CONSULTANT shall assist OWNER in one (1) round of advertising for and obtaining bids from prospective Contractors. The CONSULTANT will prepare the advertisement. (b) CONSULTANT will post Notice of Letting and OWNER will publish Public Hearing in accordance with Iowa Code. (c) The CONSULTANT will maintain the plan holder's List. (d) The CONSULTANT shall provide Drawings, Specifications, and Bid Documents. Exhibit C Detailed Scope of Work Page I C4 (i) The ENGNEER will upload drawings, specifications, and bid documents to Quest CDN and distribute documents to prospective Contractors. Hard copies will be available for Contractors for pick-up. (e) The CONSULTANT shall prepare and issue addenda as needed. (i) The CONSULTANT shall prepare all required addenda to revise plans, specifications, and other contract documents to provide clarifications, correct discrepancies, and/or add necessary details or contract alterations. (f) (g) (h) (i) (1) Bidder Questions (i) The CONSULTANT shall respond to bidder questions and publish written answers to all plan holders at the discretion of the OWNER. The CONSULTANT shall attend one (1) bid opening at OWNER's location. The CONSULTANT will provide electronic copies of the project letting documents to the Iowa DOT within five (5) working days following the letting. Prepare bid tabulation (i) The CONSULTANT shall develop tabulation of all bids received within the same day as the letting and submit to the OWNER. (ii) The bid tabulation will also be submitted to the Iowa DOT requesting concurrence to award the contract. Review Bidders Qualifications (i) The CONSULTANT shall check for correctness and qualifications of apparent low bidders. (k) The CONSULTANT shall prepare Contract and Performance, Payment, and Maintenance Bond and distribute executed construction contracts and provide letter of recommendation to the OWNER in making award of contract. The OWNER must wait for Iowa DOT concurrence prior to making the award of the contract. (i) Once the contract documents have been fully executed, the CONSULTANT will submit a copy to the Iowa DOT. (I) The CONSULTANT will be compensated for any re -bidding as requested by the OWNER based on established hourly rates and fixed expenses outlined in the CONSULTANT's Standard Fee Schedule. B) PHASE 650 — ONSITE PROJECT REPRESENTATIVE 1) Not included, this item will be completed via Supplemental Agreement or a Separate Agreement. C) PHASE 700 — SURVEY SERVICES 1) Task 712 — Acquisition Plats and Legal Description (a) Acquisition and Permanent Easement Plats (i) Not included in this agreement. (b) Temporary Easement Exhibits (i) Not included in this agreement. 2) Task 735 — Preliminary Design Survey (Topographic and Boundary Survey) (i) Not included in this agreement. Exhibit C Detailed Scope of Work Page I C5 D) PHASE 800 — PROJECT CLOSEOUT 1) Not included, this item will be completed via Supplemental Agreement or a Separate Agreement. E) PHASE 850 - PROJECT MANAGEMENT AND COORDINATION 1) Task 851 — Project Management and Coordination (assumed design period of 6 months). (a) Project Management: (i) The project manager of the CONSULTANT will be responsible for coordination with the OWNER. (ii) The CONSULTANT will provide up to six (6) monthly progress reporting and project invoices to the OWNER. (iii) The CONSULTANT will conduct internal design review meetings. (iv) The CONSULTANT will develop and maintain the PROJECT schedule. (v) The CONSULTANT will maintain documentation of pertinent correspondence made by email, memos, letters, telephone, etc. (b) Design Development Meetings (i) The CONSULTANT will maintain communications with the OWNER to review progress and discuss specific elements of the PROJECT design and receive direction from the OWNER. (ii) The CONSULTANT will develop agenda, attend, and provide meeting minutes of one (1) preliminary design meeting to review preliminary plan design comments received by the OWNER, one (1) final design meeting to review check plan design comments received by the OWNER, and one (1) additional meeting included for miscellaneous purposes, and it is understood by the parties that the CONSULTANT will attend additional meetings as needed to complete the PROJECT. For budget purposes, this will include up to three (3) staff members of the CONSULTANT. (c) Iowa DOT Coordination (i) The CONSULTANT shall coordinate with the Iowa DOT with submittals as outlined in the Iowa DOT "Submittals Required on Locally Let State -Aided RISE/SRT Projects". These submittals include: 1. Check plans and specifications (as outlined in Phase 500) 2. Final plans and specifications (as outlined in Phase 500) 3. Letting documents (as outlined in Phase 600) (d) Utility Coordination (i) The CONSULTANT shall submit the Concept Drawings to each utility company at the beginning of preliminary design to inform the companies of the upcoming PROJECT. (ii) The CONSULTANT shall perform a total of one (1) joint utility coordination meeting with utility company representatives upon the conclusion of preliminary design. This meeting is to identify conflicts, review utility relocation plans prepared by utility companies, and help facilitate a schedule with the OWNER and utility companies to perform relocations. The CONSULTANT will prepare an agenda, document discussions and decisions, and provide meeting minutes. (iii) The CONSULTANT will perform coordination efforts electronically with each utility company. (iv) Review of utility relocation plans are not included in this agreement. 2) Task 860 — Public Engagement (a) Public Information Meetings (i) Not included in this agreement. (b) City Council Presentation (i) Not included in this agreement. (c) Individual Property Owner Meetings (i) Not included in this agreement. Exhibit C Detailed Scope of Work Page I C6 F) PHASE 950 — SUBCONSULTANTS AND FEES 1) Task 960 — Geotechnical Engineering (Subconsultant) (a) The SUBCONSULTANT will prepare soil boring layouts and complete the geotechnical drilling and testing to perform soil borings and laboratory testing. Includes Iowa Once Call utility locations, drilling and sampling, laboratory testing, engineering analysis, and a written report. (b) The geotechnical drilling and testing Subconsultant will provide geotechnical analyses and recommendations provided for subgrade soil treatments, if needed, and pavement design thickness for PCC throughout the project corridor and a recommendation for pavement drainage. (c) Scope of services does not include recommendations of corrosivity potential for soils with concrete or steel elements and does not include borrow design. (d) The SUBCONSULTANT will provide construction -related geotechnical recommendations, as needed. 2) Task 970 — Reimbursable Permit and Publication Fees (a) QuestCDN Download Fees II) FEES: The fees for Engineering Services shall be described below: A) BASIC SERVICES: 1) PHASE 100 — PRELIMINARY PLANNING AND REPORTS $ N/A 2) PHASE 200 — EXISTING CONDITIONS $ N/A 3) PHASE 300 — FUNDING $ N/A 4) PHASE 350 — ASSESSMENTS $ N/A 5) PHASE 400 — PRELIMINARY DESIGN (a) Task 401 — Preliminary Design and Plans $ 50,400.00 6) PHASE 500 — FINAL DESIGN (a) Task 501 — Final Design and Plans $ 71,400.00 7) PHASE 590 — LAND ACQUISITION $ N/A 8) PHASE 600 — CONSTRUCTION ADMINISTRATION (a) Task 601 — Construction Administration (General) $ N/A (b) Task 602 — Advertising, Bidding, and Contract Award $ 5,500.00 9) PHASE 650 — ONSITE PROJECT REPRESENTATIVE $ N/A 10) PHASE 700 — SURVEY SERVICES (a) Task 712 — Acquisition Plats and Legal Descriptions $ N/A (b) Task 735 — Preliminary Design Survey $ N/A (c) Task 760 — Construction Staking $ N/A 1 1) PHASE 800 — PROJECT CLOSEOUT $ N/A 12) PHASE 850 — PROJECT MANAGEMENT AND COORDINATION (a) Task 851 — Project Management and Coordination $ 30,700.00 (b) Task 860 — Public Engagement $ N/A 13) PHASE 950 — SUBCONSULTANT AND REIMBURSABLES (a) Task 960 — Geotechnical Engineering $ 10,000.00 (b) Task 970 — Reimbursable Permit and Publication Fees $ 1,700.00 Lump Sum Fee: $ 169,700.00 Exhibit C Detailed Scope of Work Page I C7 EXHIBIT E McCLURE ENGINEERING COMPANY OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.114 111011.% MCCLURETM 1. Designate in writing a person to act, as OWNER'S representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. 2. Provide all criteria and full information as to OWNER'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards, which OWNER will require to be included in the drawings and specifications. 3. Assist CONSULTANT by placing at CONSULTANT'S disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 4. Arrange for access to make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services under this Agreement. 5. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by CONSULTANT, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of CONSULTANT. 6. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 7. Attend the prebid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspection and final payment inspection. 8. Give prompt written notice to CONSULTANT whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANT'S services, or any defect or non-conformance in the work of any Contractor. 9. Arrange for financing and pay for services as agreed to in this Agreement. Exhibit E Owner's Responsibilities Page I E1 EXHIBIT G McCLURE ENGINEERING COMPANY DRAWING DEPICTING THE PROJECT Dakota Drive Construction Project 0 c ff 1. ag rii iffVfl TRY! a ee"cv fa `!E p4 *4 xit ": :x 4.1 = ;;t' =It e8 ease ;:t a"; en ringt se s ses 4e _i Hi if Ulf is HIM if III 0 MCCLURF Exhibit G Drawing Depicting The Projects Page G1