Loading...
HomeMy WebLinkAboutFoth Infrastructure and Environment LLC - Agreement - Huntington Road and Katoski Drive Rec - 3.17.2025Project Title (the "Project"): Huntington Road and Katoski Drive Reconstruction AGREEMENT FOR SERVICES FOTH Project Number: CLIENT Project Number: 0025W013.00 (If applicable) Contract #1123 This Agreement for Services (hereinafter "Agreement") is made and entered into this 17th day of March, 2025, by and between FOTH INFRASTRUCTURE & ENVIRONMENT, LLC, (hereinafter "Consultant") and City of Waterloo (hereinafter "Client"), for the services described under the Scope of Services (the "Services"). CLIENT: City of Waterloo Address: 715 Mulberry Street, Waterloo, Iowa 50023 Phone No: 319-291-4312 Email Address: Jamie.Knutson@waterloo-ia.org Scope of Services: See Exhibit A Schedule: See Exhibit B Client hereby agrees to retain Consultant to perform the following Services: Services shall be performed according to the following schedule: Compensation: In consideration of these Services, the Client agrees to pay Consultant compensation as follows: ❑ Lump -Sum in the amount of $ .00 ❑ Unit Cost/Time Charges (Standard Rates) ® Unit Cost/Time Charges (Standard Rates) for an estimated cost of $ 230,378.00 ❑ Other as stated here: Special Conditions (if any): The attached Agreement for Services Standard Terms and Conditions, along with any Exhibits, is made a part hereof and incorporated into this Agreement. IN WITNESS WHEREOF, this Agreement is accepted on the date last written below, subject to the terms and conditions above stated and the provisions set forth herein. CLIENT CONSULTANT Signed: J 'i° Signed: Name (printed): Quentin M. Hart Name (printed): `d'on Resler, PE Title: Mayor Title: Lead Civil Engineer Date: 3/17/2025 Date: March 17, 2025 Signed: I� Name (printed): Dave Kapler, PE Title: Senior Vice President Date: March 17, 2025 Page 1 of 17 Rev. 03/31 /2021 AGREEMENT FOR SERVICES STANDARD TERMS AND CONDITIONS 1.0 Commencement of Services - The Services will commence consistent with the schedule referenced herein or as otherwise agreed to by the parties, upon receipt of this signed Agreement. If after commencement of the Services, the Project is delayed for any reason beyond the control of Consultant for more than sixty (60) days, the terms and conditions contained herein are subject to revision by Consultant. 1.1 Standard of Care - The standard of care for any professional Services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no other warranties, express or implied, under this Agreement or otherwise, in connection with any Services performed or furnished by Consultant. Subject to the standard of care, Consultant and its sub -consultants may use and rely upon data, reports, design elements and information ordinarily or customarily furnished by others, including, but not limited to Client, Client's other contractors or consultants, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. Consultant shall not be required to sign any document, no matter by whom requested, that would result in the Consultant having to certify, guarantee, or warrant the existence of conditions whose existence the Consultant cannot ascertain. 2.0 Client Responsibilities - Client shall provide, at Client's expense, all criteria, design, and construction standards including full information as to Client's requirements for the Project, including all document specifications. The provision or production of such data or information is not included in the Services, except where explicitly referenced in the Scope of Services. As stated in Section 1.1, Consultant shall be entitled to rely upon such data and information in the performance of the Services and shall not be liable for any incorrect advice, judgment or decision based on any inaccurate information furnished by Client, Client's agents or Clients other consultants. Such data and information shall include but not be limited to the following: a. If not included in the Scope of Services, a complete survey of the Project site which shall include but not be limited to easements, right-of-way, encroachments, zoning and deed restrictions, subterranean structures or utilities, existing buildings and improvements. b. If not included in the Scope of Services, soils data, laboratory tests, reports and inspections of samples, materials or other items, with appropriate professional interpretations. c. Legal counseling services necessary for the Project including legal review of the construction contract documents. d. Accounting, bond and financial advisory (including, if applicable, "municipal advisor" services as described in Section 975 of the Dodd -Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services. e. If not included in the Scope of Services, permits and approvals from any authorities having jurisdiction over the Project. 2.1 Right of Entry - Client shall provide for entry for the employees, agents and subcontractors of Consultant and for all necessary equipment. 2.2 Client Authorized Representative - Client shall designate a person authorized to act as Client's representative. Client or his representative shall receive and examine documents submitted by Consultant and shall be empowered to interpret and define Client's policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of Consultant's Services. Client shall give prompt written notice to Consultant whenever Client observes or otherwise becomes aware of any defect in the Project, Services or other event which may substantially affect Consultant's performance of Services under this Agreement. 3.0 Fees and Payment 3.1 Invoice Payment Due - Client shall compensate Consultant for Services and expenses rendered under this Agreement. Consultant's fee for Services will be based on Consultant's rates currently in effect at the time the Services are done; lump sum or other schedules as identified under the Compensation section. Rates of Page 2 of 17 Rev. 03/31 /2021 Consultant are subject to annual revision. Payment shall be due within thirty (30) days after the date of invoice describing the Services performed and expenses incurred during the preceding invoice period. 3.2 Failure to Pay. Client agrees that timely payment is a material term of this Agreement and that failure to make timely payment as agreed constitutes a breach hereof. In the event payment for Services rendered has not been made within thirty (30) days from the date of invoice, Consultant may, after giving seven (7) days' written notice to Client and without penalty or liability of any nature, and without waiving any claim against Client, suspend all work on all Services as set forth herein. Upon receipt of payment in full for Services rendered, plus interest charges, Consultant will continue with Services. Payment of all compensation due Consultant pursuant to this Agreement shall be a condition precedent to Client using any of Consultant's work product and/or deliverables under this Agreement. 3.3 Interest on Late Payments - In order to defray carrying charges resulting from delayed payments, simple interest at the maximum rate allowed by law will be added to the unpaid balance of each invoice. The interest period shall commence thirty (30) days after the date of the original invoice and shall terminate upon date of payment. Payments will be first credited to interest and then to principal. 4.0 Insurance/Limitation of Consultant's Liability - Consultant will maintain the following insurance coverages: a. Worker's compensation insurance pursuant to state law. b. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, non -owned, or hired vehicles, with $1,000,000 combined single limits. c. Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of Consultant or of any of its employees, agents, or subcontractors, with $1,000,000 per occurrence and $2,000,000 in the aggregate. d. Professional liability insurance, if applicable, of $1,000,000 per claim and in the aggregate. 4.1 Liability Limits - Notwithstanding any provision in this Agreement to the contrary, Client and Consultant each agree not to assert against the other any claim, demand or suit for consequential, incidental, indirect or special damages arising from any aspect of the performance or nonperformance of the other party or any third -party engaged by such other party under this Agreement, and each party hereto waives any such claim, demand or suit against the other in connection with this Agreement. Notwithstanding any language to the contrary, the total aggregate liability of Consultant, its employees, officers, directors, shareholders, agents, or sub -consultants, to all parties related to this agreement shall not exceed the greater of: (1) $50,000.00, or (2) the amount of Consultant's fee for the Services on any individual work order issued under this Agreement that gives rise to a claim. 4.2 Waiver of Subrogation - Both parties hereby waive, and shall cause their respective insurers to waive, all rights of subrogation against the other party, their employees, officers, directors, shareholders, agents, or sub -consultants for damages caused by risks covered by insurance, except such rights as they may have to the proceeds of the insurance. 5.0 Indemnification - Consultant, to the fullest extent permitted by law, shall indemnify and hold harmless Client and any of Client officers, directors, employees and agents from and against claims, losses, damages, liabilities, including attorney's fees and expenses, for third -party claims of bodily injury, sickness or death, and property damage or destruction to the extent caused by the negligent acts or omissions of Consultant or Consultant's separate contractors or anyone for whose acts any of them may be liable, but only to the extent of the negligence. Nothing in this Section shall obligate Consultant to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. Notwithstanding the forgoing, Consultant has no obligation to defend or pay indemnitee defense costs incurred prior to a final determination of liability or to pay any amount that exceeds the proportionate share of Consultant's finally determined percentage of liability as determined by a court of competent jurisdiction. 6.0 Hazardous Materials - Client hereby understands and agrees that Consultant has not created nor contributed to the creation or existence of any types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution ("Hazardous Materials"), whether latent or Page 3 of 17 Rev. 03/31 /2021 patent, at Client's premises, or in connection with or related to the Project with respect to which Consultant has been retained to provide Services. Therefore, to the fullest extent permitted by law, except for Hazardous Materials introduced onto the site by Consultant and not required or permitted in the performance of Consultant's Services, Client agrees to indemnify, and hold Consultant, its officers, directors, shareholders, employees, and Consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, consequential or otherwise, including, but not limited to, attorney fees and court costs, arising out of, or resulting from the discharge, escape or release, of Hazardous Materials. Nothing contained within this Agreement shall be construed or interpreted as requiring Consultant to assume the status of a generator, transporter, or owner or operator of a treatment, storage 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. 7.0 Design Without Construction Phase Services - Notwithstanding any provisions in this Agreement to the contrary, if this Project involves construction and Consultant is not retained to provide construction phase services including, but not limited to, observation, site visits, shop drawing review, and design clarifications, Client agrees that Consultant shall be responsible only for those construction phase services expressly required in Consultants Scope of Services. With the exception of such expressly required Services, Consultant shall have no design, shop drawing review, or other obligations during construction, and Client assumes all responsibility for construction phase services. Client waives all claims against the Consultant that may be connected in any way to construction phase services except for those Services that are expressly required in Consultants Scope of Services. 8.0 Documents- Ownership of Work Product and Proprietary Information - The deliverables prepared under this Agreement shall become the property of the Client only upon completion of the Services and payment in full of all monies due to Consultant. In the event Client reuses or makes any modifications to the deliverables without prior written authorization of Consultant, the Client agrees, to the fullest extent permitted by law, to indemnify and hold Consultant, its consultants, agents, officers, directors, shareholders and employees harmless from any claim, liability or cost (including reasonable attorneys' fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modifications of Consultant's Services, work product, and/or deliverables by the Client or any person or entity that acquires or obtains the such work product and/or deliverables from or through the Client without the written authorization of Consultant. Notwithstanding the foregoing Consultant's liability to Client for any computer programs, software products, or related data furnished hereunder is limited solely to the correction of residual errors, minor maintenance, or update(s) as agreed. CONSULTANT MAKES NO WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, or against infringement, with respect to computer programs, software products, related data, technical information, or technical assistance provided by Consultant under this agreement. The Consultant will take reasonable precautions to prevent the transmission of any electronic virus, or other contamination with the exchange of electronic media, but Consultant makes no assurances that those precautions are adequate to assure a contamination free transmission. Consultant retains title and interest in all of its standard details, plans, specifications, methodologies, tools, and computation documents, whether in written or electronic form, which have been incorporated into the documents and instruments of service, but which were developed by Consultant independent of this Agreement. 9.0 Injury to Workers on Project Consultant has no responsibility for site safety or for the means and methods employed by Client's construction contractor(s). Client agrees that Consultant will be named as an additional insured on construction contractor's insurance policy for Commercial General Liability and Builders All Risk Liability, and Client agrees to insert into all contracts for construction between Client and construction contractor(s) arising out of these Services a provision requiring the construction contractor(s) to defend, indemnify, and hold harmless both Client and Consultant from any and all actions arising out of the construction Project, including, but not limited to, injury to or death of any worker on the job site, not caused by the sole negligence of Client or Consultant,. Client will be responsible for any damages caused by Client's failure to comply with the above requirements. 10.0 Probable Construction Costs Opinions - Any opinion of the construction cost prepared by Consultant represents his judgment and is supplied for the general guidance of the Client. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee that bids or actual construction costs to the Client will not vary from Consultant's opinions of probable Page 4 of 17 Rev. 03/31 /2021 cost. If the Client desires greater assurance as to construction costs, Client shall employ an independent cost estimator. 11.0 Site Visits - Visits to the construction site and observations made by Consultant as part of Services during construction under this Agreement shall not make Consultant responsible for the obligation to conduct, comprehensive monitoring of the work of the contractor(s) sufficient to ensure conformance with the intent of the construction contract documents, and shall not make Consultant responsible for, nor relieve the construction contractor(s) of the full responsibility for, constructions means, methods, techniques, sequences, and procedures necessary for coordinating and completing portions of the contractor(s) work under the construction contract documents, and for all safety precautions incidental thereto. Such visits by Consultant are not to be construed as part of the observation duties of the on -site observation personnel defined below. 12.0 On -Site Observation - When Consultant provides on -site observation personnel as part of Services during construction under this Agreement, the on -site observation personnel will make reasonable efforts to advise Client of observed defects and deficiencies in the work of the contractor(s), and to help determine if the provisions of the construction contract documents are being fulfilled. Consultant shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of any construction work and Consultant's obligations are limited to becoming generally familiar with the progress of the construction. Consultant's observation will not cause Consultant to be responsible for those duties and responsibilities which belong to the construction contractor(s), including, but not limited to, full responsibility for the means, methods, techniques, sequences, and progress of construction, and the safety precautions incidental thereto, and for performing the construction work in accordance with the construction contract documents. 13.0 Termination or Abandonment - If any portion of the Services or Project is terminated or abandoned by Client, the provisions of these Terms and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the work 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 Consultant's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse Consultant for termination costs. This Agreement may be terminated by either party if the other party fails to fulfill its obligations under this Agreement through no fault of the terminating party. No such termination may be effected unless the other party is given not less than ten calendar days written notice of intent to terminate and an opportunity for correcting the default (plus such additional time as is reasonably necessary to correct the default, other than any payment default) and for consultation with the terminating party before termination. Consultant shall be paid for Services performed to the termination date including reimbursable expenses due plus termination expenses. 14.0 Jurisdiction - This Agreement shall be governed by the laws of the State of the Project. 15.0 Dispute Resolution - The parties will use good faith efforts to resolve any dispute, controversy or claim arising out of or relating to this Agreement or the relationship between the parties (a "Dispute") through negotiation. To invoke the dispute resolution procedures in this section, one party must give the other party a written notice of its intent to negotiate. The notice will include a detailed description of the Dispute and a proposed resolution. Within five (5) business days after delivery of the notice, each party will designate a senior executive with authority to resolve the Dispute. The designated executives will engage in discussions in an effort to resolve the Dispute. If the designated executives do not agree on a resolution within twenty (20) days after the dispute notice has been delivered, the parties may agree to submit the Dispute to non -binding mediation by any mutually agreed -upon mediator, rules and location. Any mediation fees and expenses will be allocated and paid by the parties equally. If the parties do not reach a resolution through negotiation or mediation, either party may pursue all remedies available under this Agreement, at law or in equity in a court of competent jurisdiction. Each party hereby irrevocably waives its rights to trial by jury in any Dispute or proceeding arising out of this agreement or the transactions relating to its subject matter. 16.0 Waiver - Consultant'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. Page 5 of 17 Rev. 03/31 /2021 17.0 Successors and Assigns - All of the terms, conditions, and provisions hereof shall inure to the benefit of and be 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. 18.0 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. 19.0 Force Majeure - Neither party to this Agreement will be liable to the other party for delays in performing the Services, or for the direct or indirect cost resulting from such delays, that may result from a Force Majeure condition. Each party will take reasonable steps to mitigate the impact of any force majeure. If Consultant is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Consultant is responsible, the Contract Time(s) for performance as well as the Contract Price shall be reasonably extended by Change Order. By way of example, events that will entitle Consultant to an extension of the Contract Time(s) include acts or omissions of Client or anyone under Client's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, wars, floods, labor disputes, unusual delay in transportation, epidemics, earthquakes, adverse weather conditions not reasonably anticipated, and other acts of God (Force Majeure Condition). For clarity purposes, labor shortages or supply chain disruptions resultant from epidemic or pandemic events are specifically to be considered grounds constituting a Force Majeure Condition. Labor shortages and inefficiencies, delays, escalation, or cost impacts resulting from labor shortages or supply chain disruptions associated with such an event shall be considered grounds for a Force Majeure Condition event and shall afford Consultant the opportunity for schedule and cost relief associated with such an event. 20.0 Entire Agreement - This Agreement, and its attachments, constitutes the entire understanding between Client and Consultant relating to Services to be provided by Consultant and, excepting only confidentiality agreements between the parties pertaining to the Project, supersede any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein. Subsequent modifications or amendments to this Agreement must be in writing and signed by the parties to this Agreement. The foregoing notwithstanding, if the Client, its officers, agents, or employees request Consultant to perform extra work or Services pursuant to this Agreement, Client will pay for the additional Services even though an additional written Agreement is not issued or signed. The obligations of Consultant under this Agreement shall survive in accordance with applicable State statutes. Page 6 of 17 Rev. 03/31 /2021 Exhibit A Scope of Services The work to be performed by the Consultant under this agreement shall encompass and include detailed work, services, materials, equipment and supplies necessary to complete analysis and design for the project. The Consultant shall complete the scope of services in accordance with generally accepted standards of practice and shall include all work necessary to complete the tasks outlined in this Agreement. Project Background The project consists of the functional design for the reconstruction of Huntington Road from the Waterloo / Cedar Falls city limits to just east of Katoski Drive, approximately 2,900 linear feet. The project also includes the functional design of Katoski Drive from 800 linear feet south of Huntington Road to Greenhill Road, approximately 3,700 linear feet. Services include design surveys, project coordination activities, traffic engineering services, hydraulic analysis, functional culvert and storm sewer design, and functional roadway design, as further detailed within this scope of services. Preliminary design, final design services, bidding services, and construction services are not included within this agreement, but may be added via addendum or additional agreements between the City and Consultant. Reconstruction of Huntington Road and Katoski Drive is planned to begin construction in 2026, with construction completion prior to August 1, 2028, in advance of the 2028 school season. Completion of functional design (this agreement) is scheduled for June of 2025 to allow bidding of the project in December of 2025. BASIC SERVICES OF THE CONSULTANT The Consultant shall communicate on a regular basis with the City to clarify and define the City's requirements for the Project and review available data. The City agrees to furnish to the Consultant all information available with respect to the City's requirements, including any special or extraordinary considerations for the Project or special services needed, and to make available pertinent existing data. The Consultant shall provide the following basic services regarding the Project. A. Project Coordination The Consultant will complete the following project coordination tasks. 1. Design Development Coordination Maintain communications with the City to review progress and discuss specific elements of the project design and receive direction from the City. 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 meetings and keep documentation of other communications. For budget purposes, the Consultant will attend three (3) meetings that will be attended by three (3) staff members of the Consultant. An in -person meeting is planned for the Project Kickoff with the other meeting being virtual. The following meetings are included with the scope of work: • Design Criteria/Project Kickoff — One (1) meeting • Functional Design Phase — One (1) meeting • School District/Bishop Engineering — One (1) meeting There is 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. The Consultant will also maintain communications with the City with scheduled virtual meetings. Page 7 of 17 Rev. 03/31 /2021 2. Public Information Meetings Conduct one (1) project information meeting that will be attended by three (3) staff members of the Consultant. The purpose of the meeting will be to provide a brief overview of the proposed improvements to the surrounding neighborhoods and a discussion of the reconstruction plan, as well as gather information on the concerns, priorities, and specific issues of the adjacent property owners and other affected parties. This task includes preparation of the display materials and handout information for the meeting. Reserving the meeting facility and the mailing of a public notification will be completed by the City. 3. Design Utility Coordination Meetings Conduct one (1) utility coordination meeting with representatives of each utility company. The meeting will be to advise the utility of the nature and extent of the proposed improvements, solicit mapping, and collect input from the utility to develop an understanding of the order of magnitude and limitations of their facilities located within the project corridor. 4. Meetings with Local Elected Officials Conduct one (1) project information meeting that will be attended by three (3) staff members of the Consultant. The purpose of the meeting will be to provide a brief overview of the proposed improvements for the Mayor and City Council and a discussion of the reconstruction plan, as well as gather information on the concerns, priorities, and specific issues of the Mayor and City Council. This task includes preparation of the display materials and handout information for the meeting. Reserving the meeting facility and placement on the Council Agenda will be completed by the City. 5. Property Impact Display Prepare a property acquisitions display strip map which will consist of aerial imagery and show the proposed roadway design elements, driveway access, site modifications, in addition to existing right-of-way lines, proposed fee title right-of-way needs, and permanent/temporary easement needs. The display will be labeled with key parcel information and reference individual easement square footage areas. The display will be used for initial right-of-way discussions and verification in advance of the preparation of parcel impact diagrams and acquisition plats. 6. Quality Control Involve ongoing quality control input from the Project Team and the Consultant's design engineer's senior technical staff throughout the development of functional design. The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submitting the functional plan set to the City. Review the functional engineering plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. 7 Project Management (Thirteen (13) weeks, March 17, 2025 — June 16, 2025) The project manager for the Consultant will be responsible for communicating and coordinating with the City, biweekly progress reporting, minutes of meetings, interoffice memoranda, and monthly invoicing. This task also includes scheduling of staff, coordinating with Sub -Consultants, review of progress, and senior review of deliverables. Page 8 of 17 Rev. 03/31 /2021 B. Design Surveys and Mapping The Consultant shall perform field and office tasks required to collect additional topographic information deemed necessary to complete the Project. The specific supplemental survey tasks to be performed include the following: 1. Control Survey Establish horizontal and vertical control for the Project area. Each permanent control point or benchmark will have horizontal coordinates or elevation, recovery information and monument description. Accurate descriptions of the horizontal control points and benchmarks will be created and recorded on the plan sheets. The City shall supply information on any datums, benchmarks, or control points they want to see utilized in design and plans. Vertical datum for this survey is relative to NAVD88, computed using Geoid 18. Horizontal datum is NAD83. Mobile LiDAR control shall be based on base/rover GNSS survey system to establish coordinates on target points identified to be utilized for the mobile LiDAR system. Each photo control point will be observed twice separated by a 3 to 4-hour window to allow different satellite geometry to verify coordinate accuracy. 2. Topographic Survey The Consultant shall perform topographic surveys required for the development of the Project. Horizontal and vertical accuracies shall be adequate to produce a map that is compatible with the topographic data for incorporation into the digital terrain model. a. Mobile LiDAR Utilizing the Riegl VMX-2HA system, mounted on a standard pickup truck, will make multiple passes along each corridor in each direction acquiring LiDAR data and digital imagery within the limits described below. A rolling traffic block shall be implemented during data collection, this approach will help limit "traffic noise" in the scan data, which will block the scanners line -of -sight of the full roadway prism and potentially critical design features. The speed of the mobile LiDAR vehicle, and rolling traffic break, is typically just below the posted speed limit, resulting in minimal disruption to normal traffic flow. The consultant will coordinate rolling traffic blocks with the City. b. Traditional Field Survey This task includes field survey to supplement the Mobile LiDAR Survey as necessary for the project design. The task will include surveying features not included in the Photogrammetric/LiDAR Survey Task. Horizontal and vertical accuracies shall be adequate to produce a map that is compatible with the photogrammetric data for incorporation in the digital terrain model, as necessary. 3. Utility Survey Utilize the Iowa One -Call Design Request System to identify utility owners of record, obtain existing utility mapping information, and request that buried utilities be marked in the field. Field survey marked utilities, incorporate into project base map, and document utility name and contact information on the utility legend. Establish coordinates and elevations (if possible) for utilities that fall within the limits of the project and are visible or have been marked on the ground by the utility owner. Utilities will be collected according to ASCE SUE quality levels (Level B-D) and will be shown and described on the plans. Anticipated utilities to be surveyed include phone, gas, fiber optic, water main, overhead/underground electrical (including power poles, pedestals, valves, and manholes), sanitary sewer, and storm sewer. This includes establishing manhole and intake elevations for existing sanitary sewers, storm sewers, and roadway culverts. Page 9 of 17 Rev. 03/31 /2021 4. Property Ownership and Research Research City and County records including right-of-way strip maps, subdivision plats, section corner ties, and surveys, locate existing boundary corner monuments, establish property lines, right-of-way lines, section lines, and easements, determine ownership of the properties affected by the project. Prepare a drawing with property lines, right-of-way lines, section lines, and easements within the project area as shown on the existing plats and other documents of record along with the land corner monuments and boundary corner monuments located in field. Review property ownership information from public records and add property owner names to the project mapping for public display and plan preparation purposes. 5. Right -of -Way Survey Perform right-of-way surveys required for the development of the project. The right-of-way surveys shall be in-depth legal surveys for which parcel impact diagrams and acquisition plats are to be developed. This task includes a thorough search of City, County, and State records to review all surveys of record pertaining to the survey corridor, including County Auditor's Subdivisions Plats, original government surveys, early surveys made by County Surveyors, all irregular land survey and road establishment records. Copies of such records are to be included in the project file for future reference. This task also includes obtaining sufficient field data to locate or establish property lines affected by the project to enable the preparation of the improvement plans. This includes locating section corners, property pins, and visible lines of occupation such as fences, field divisions, or any other lines, indicating possession. A diligent effort will be made to recover existing land corner monuments necessary to describe the right-of-way along the project corridor. 6. Project Base Map Incorporate field surveys into an electronic base map to be used for the design of the project. Incorporate property lines, right-of-way lines, easement lines, and property ownership for parcels located within the project limits into the base map. The base mapping will identify the owners and boundaries of all appropriate parcels within the survey limits. For budgetary purposes, it is assumed that fifty-four (54) parcels fall within the project limits. C. Traffic Engineering Services The Consultant shall review the Traffic Impact Study completed for the Waterloo Community School District by HRG. The Consultant will use the results of the Traffic Impact Study to finalize typical sections and intersection control as well as lane configurations for the traffic signals and roundabouts at the Katoski Drive intersections with Greenhill Road, Downing Avenue, proposed school entrance, and Huntington Road. 1. Traffic Project Coordination The project discipline lead will be responsible for task identification, staff scheduling and coordination, traffic project communications, and other important elements of the project. 2. Traffic Data Collection Twenty-four hour turning movement counts will be collected at Katoski Drive and Greenhill Road to analyze roundabout concepts at the intersection. An ADT count will be collected along Katoski Drive near Downing Avenue for the purposes of verifying traffic data from the Waterloo Community School District Traffic Impact Study. Page 10 of 17 Rev. 03/31 /2021 3. Traffic Review Meetings Maintain communications with the project development team and various other designated representatives. The project development team will include the City of Waterloo Engineering and Traffic Operations staff and the project Consultant. The meetings will serve to establish schedules, promote a dialog between the various entities, improve the decision -making process, and expedite recommendation development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, it is assumed two (2) meetings will be attended virtually by two (2) staff members of the Consultant. 4. Traffic Model Development & Analysis The traffic model development and analysis shall incorporate, at a minimum, traffic engineering principles and standards as presented in SUDAS, City standards, and national practices. The traffic counts and forecasts will be taken from the Waterloo Community School District Traffic Impact Study with supplemental turning movement count information taken at Katoski Drive and Greenhill Road and ADT counts taken on Katoski Drive near Downing Avenue. a. Model Development The Consultant will develop a base traffic model of the Katoski Drive corridor for the AM and School PM peak hours with data from the Waterloo Community School District Traffic Impact Study and supplemental traffic counts. Additional models will be created from the base model for future operations. The Highway Capacity Manual 7th Edition (HCM7) principles will be used to evaluate intersection capacities. The four intersections along Katoski Drive will be used to develop the model. • Katoski Drive and Greenhill Road • Katoski Drive and Downing Avenue • Katoski Drive and the proposed school entrance • Katoski Drive and Huntington Road b. Trip Generation and Distribution — Year 2028 and 2050 The Consultant will utilize the trip generation and distribution data from the Waterloo Community School District Traffic Impact Study. The study report and appendices do not include the future total traffic volume routed through the Katoski Drive and Greenhill Road intersection, but the actual model should contain this information, and the Consultant will request the files from the school district and/or HRG with assistance from the City if needed. The traditional PM peak hour will also be evaluated for the Katoski Drive at Greenhill Road intersection, which will require estimating trips generated by the proposed high school for this time period. This will be accomplished using the ITE Trip Generation Manual, latest edition and information from the school district traffic study. c. Traffic Operational Analysis — Year 2028 & 2050 The Consultant will perform an operational analysis and modeling of the Katoski Drive corridor for the typical weekday AM and school PM peak hours, with the traditional PM peak hour also being analyzed for the Greenhill Road intersection. The modeling will be conducted to verify and confirm the necessary traffic control and geometry for each of the four intersections. Roundabout analysis is included at the following intersections: • Katoski Drive and Greenhill Road • Katoski Drive and Proposed School Entrance • Katoski Drive and Huntington Road Page 11 of 17 Rev. 03/31 /2021 Performance measures assessing the operation of the system will include delay, volume to capacity ratio, operations of adjacent intersections, maximum queue/storage lengths and control delay. Recommendations on intersection and roundabout geometrics, queue storage lengths, signal phasing/timing and other improvements will be made as required to provide acceptable service levels for major movements and the overall intersections. d. Turn Lane Warrant Analysis National Cooperative Highway Research Program (NCHRP) Report 745 (arterial streets) and 457 (collector and local streets and right turn lanes) will be used to evaluate turn lane warrants. 5. Traffic Technical Memorandum The Consultant shall prepare a traffic memorandum with draft recommendations from all above tasks. The Consultant will identify proposed improvements or other techniques/treatments that will mitigate significant changes in operations and safety to meet the City's performance requirements. The results of the roundabout analysis at the Katoski Drive intersections of Greenhill Road and the proposed school entrance will be explained and recommendations made. The memo will also verify the intersection control and lane configurations used at each of the intersections along Katoski Drive and Huntington Road within the project limits. Any deviations from the Waterloo Community School District Traffic Impact Study will be noted and explained. D. Functional Design (30% Complete) Complete functional design for the proposed improvements. The functional design of Katoski Drive will include three concepts. Two concepts will include a two-lane urban section with turn lanes but one will include a median separating head -to -head traffic and one will not include a median. The third concept will include a transition from a four -lane section at the existing Greenhill Road intersection to a two-lane section with turn lanes for the remainder of Katoski Drive. The three Katoski Drive concepts will include designs for connecting to the existing geometry and traffic signals at Greenhill Road and Downing Avenue. The Katoski Drive and Greenhill Road intersection will include one roundabout concept that will place the roundabout to minimize property impacts. A second roundabout concept will be developed for the intersection of Katoski Drive and the proposed school entrance. The third and final roundabout concept will also be developed at the intersection of Katoski Drive and Huntington Road. The two- lane Katoski Drive concepts will include designs for connecting to all three roundabout concepts. The four -lane Katoski Drive concept will not be incorporated into the Greenhill Road roundabout concept as it is intended as a possible lower cost solution that utilizes the existing traffic signal at Greenhill Road. The primary focus will be on developing roadway geometrics for the various concepts, identifying existing and proposed utility locations, identifying existing and proposed right-of-way needs, and developing a general staging concept to construct the improvements. Additional focus will be on performing a hydraulic analysis on the two culverts under Huntington Road and Ingersoll Road and completing a functional design of the Huntington Road culvert, completing a drainage analysis of the roadway concepts to determine the feasibility of replacing the ditches along Katoski Drive and Huntington Road with trunk sewer, and developing cost estimates for each of the concepts that will allow the City to select the concept to move forward with to final design. 1. Develop Design Criteria The Consultant will summarize and submit to the City the design criteria used to develop the project. Criteria will conform to the City, SUDAS, and AASHTO design standards. The criteria to be addressed include: Page 12 of 17 Rev. 03/31 /2021 • Functional classification and design type. • Design speed and regulatory speed. • Design vehicles for intersection design. • Widths of travel lanes, parking areas and right-of-way. • Preferred and acceptable clear zone requirements. • Provisions for pedestrian and bicycle facilities. • Street lighting requirements. • Utility corridor locations. Prepare a brief technical memorandum documenting the proposed criteria. The memorandum will be reviewed and approved by the City. 2. Develop Typical Sections Develop typical sections for the mainline street improvements in consultation with the City. Typical sections will include lane widths, curb section/type, sidewalk/trail widths, right-of- way widths, pavement types, clear zones. The pavement section shall be 8-inch PCC with 8- inch modified subbase as indicated by the City. This task also includes identifying potential storm sewer, sanitary sewer, water main and other utility locations in the typical roadway sections. Typical sections for Huntington Road and each Katoski Drive concept will be developed. It is anticipated that three (3) typical cross sections will be developed for Katoski Drive that includes one (1) two-lane section with a median, one (1) two-lane section without a median, and one (1) four -lane section with a median for tying into the existing Greenhill Road intersection. One (1) typical cross section will be developed for Huntington Road, which includes a three -lane section. Typical sections will also be developed for each of the side street connections. 3. Develop Functional Geometrics Develop functional geometrics that include intersection return radii, sidewalk/trail locations, driveway locations, and roundabout geometrics for the project. Included as part of this task are design vehicle turning templates for the three roundabout concepts and three signalized intersections on Katoski Drive, which includes the Katoski Drive intersections with Greenhill Road and the proposed school entrance as both roundabouts and signalized intersections. The design vehicle to be used will be a WB-67 truck tractor -semitrailer. This task includes functional roundabout geometry at the intersections of Katoski Drive with Greenhill Road, the proposed school entrance, and Huntington Road. 4. Traffic Signal Mast Arm Pole Footing Layout The Consultant shall locate the proposed traffic signal pole footings at the Katoski Drive and proposed school entrance intersection and establish the approximate footing elevations and grading needed to accommodate the footings. Potential utility conflicts with the signal pole footings and mast arms will be identified. The east approach of the intersection will be designed through the curb returns. Any grading impacts on the drainage system will also be identified and mitigated. 5. Develop Horizontal Alignments and Vertical Profiles Utilizing functional geometrics and design survey, develop horizontal alignments and vertical profiles for the mainline roadways of Katoski Drive and Huntington Road as well as the connecting roadways. The alignments will be developed based on the documented design criteria. 6. Water Main and Sanitary Sewer Modification Design This task is assumed to include only minor adjustments to water main and sanitary sewer infrastructure such as manholes, valve boxes, and hydrants. Minor adjustments are difficult Page 13 of 17 Rev. 03/31 /2021 to identify in the functional design phase, but the Consultant will attempt to identify potential conflicts and assign a functional level cost to the conflict(s). 7. Culvert Hydraulic Analysis and Layout The Consultant shall perform a hydraulic analysis of the culverts under Huntington Road and Ingersoll Road draining the private drainage channel found between Edgewood Drive and Ingersoll Road. The culverts shall be sized to meet the capacity requirements outlined in Chapter 2 of the SUDAS Design Manual and the condition of the two culverts shall be assessed. The consultant shall complete a technical memorandum explaining the results of the hydraulic analysis and condition assessment. A functional design for the Huntington Road culvert will be completed to determine the future footprint needed to accommodate the trail on the north side of Huntington Road. The functional design will also incorporate any improvements found necessary by the capacity analysis and condition evaluation. Using the culvert footprint, the Consultant will determine the need for easement and right-of-way. 8. Roadway Drainage Hydraulic Analysis and Layout The Consultant will develop a roadway drainage network in association with the roadway improvement concepts. The Consultant will complete functional storm sewer design looking at two concepts for each roadway geometric configuration. One concept will include a storm sewer system that will drain the proposed roadway improvements utilizing the existing ditches on Katoski Drive south of Downing Avenue as well as the existing ditch on the south side of Huntington Road. The second concept will include a storm sewer system that replaces these ditches with trunk lines. The Consultant will resolve potential conflicts with underground utilities and other design elements. Vertical Profiles will not be developed as part of this task. The geometric and drainage concepts are being considered due to budget constraints. For consideration is the reuse of significant portions of the existing storm sewer system like the existing 30-inch diameter RCP along Huntington Road, the triple 36-inch RCPs under the east approach of Huntington Road at Katoski Drive, and the 60-inch RCP in the median of Katoski Drive north of Downing Avenue. The City is not opposed to replacement of the existing system if necessary due to capacity, condition, or a preferred roadway geometric concept but cost is also a consideration. The City is unaware of any existing capacity issues with the storm sewer system, so the upstream storm sewer is assumed to run full for the hydraulic analysis. The City also directed the Consultant to consider the detention of the school site improvements versus uncontrolled release in the storm sewer analysis. The City will televise existing storm sewer to evaluate condition. 9. Utility Research Contact the utility companies, including City utilities, for information within the project corridor regarding transmission, distribution, and service laterals. This includes information related to existing facilities and facilities planned for construction during design. 10. Prepare Functional Design Plans (30% Complete) Based on functional design, prepare functional design level plans depicting proposed grading, drainage, paving, and other features of the project. The functional design plans will include but not be limited to the following: • Typical Cross Section Sheets: Develop and assemble typical cross sections to be used for the proposed improvements as well as a preliminary determination of the limits that each typical section will apply. The typical cross sections will include but not be limited to the proposed grading, drainage, and paving improvements. • Plan and Profiles Sheets: Develop functional plan and profile sheets that show the existing topography along with the proposed improvements based on the proposed Page 14 of 17 Rev. 03/31/2021 horizontal and vertical alignments. These sheets will be in the form of a colored strip map that includes aerial photography. Proposed right-of-way and construction easement limits based on the catch point lines will be shown. Included will be the necessary CADD work to show the functional design features for the proposed improvements. • Intersection Geometrics Turning Movement Sheets: Develop intersection geometric plans that accommodate design vehicle turning movements. Show vehicle turning movement path, major intersection return geometry, lane widths and auxiliary lane lengths. Design vehicles will be determined from the project Design Criteria. • Detailed Cross Section Sheets: Develop and assemble detailed cross sections (50' intervals) to illustrate typical conditions, drainage designs, and non -typical conditions as needed for guidance during design, review, and quantity estimating purposes. 11. Functional Field Review A field review will be held with the project design team to discuss key issues and design concepts including drainage, intersection control, geometrics, staging, and right-of-way. The review will determine the completion of the functional exhibit design and identify needed adjustments to minimize potential property impact. Revisions will be noted for discussion with the City. 12. Identify Acquisition Requirements The Consultant will identify general permanent right-of-way and permanent/temporary easement needs based on the functional design development. The requirements will take into consideration proposed utilities, construction staging and access, utility relocations and other critical construction elements. 13. Functional Budget Review Prepare opinion of probable construction cost for the project concepts and compare the cost to the City's current project budget. Make recommendations pertaining to modifications to the project if necessary to address budgetary concerns. Cost estimates shall be based on representative major project elements and recent bid information. Detailed quantity takeoffs will not be developed for the functional cost estimate. 14. Quality Control Review (30%) Review the functional engineering plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. II. PROJECT DELIVERABLES The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of the City: A. Property Impact Display B. Traffic Technical Memorandum C. Design Criteria Technical Memorandum D. Culvert Hydraulics Technical Memorandum E. Typical Cross Section Sheets F. Colored Strip Map Displaying Functional Design Features G. Intersection Geometric Turning Movement Sheets H. Cross Sections Cost Opinion of Project Concepts Page 15 of 17 Rev. 03/31 /2021 III. ADDITIONAL SERVICES NOT INCLUDED IN THIS CONTRACT Additional Services not included as part of this Scope. If authorized, under a supplemental agreement, the Consultant shall furnish or obtain from others the following services: A. Preliminary and Final Design Services B. Project Letting Services C. Construction Period Services (administration, observation, testing, and staking) D. Wetland Mitigation and Permitting Services E. Threatened and Endangered Species Investigations F. Phase I or Phase II Archaeological Investigations G. Water Main and Sanitary Sewer Design H. Real Estate Services Preparation of Acquisition Plats and Easement Documents J. Subsurface Utility Investigations IV. CITY'S RESPONSIBILITIES: The City shall provide the following: A. Provide existing utility plans and studies. B. Provide existing street and utility plans/record drawings and utility maps for the project area. C. Provide televising of storm sewer. D. Provide existing topographic base mapping, aerial photo images, and other available electronic files pertinent to the Project. E. Provide any available ADT and/or turning movement traffic count data. Page 16 of 17 Rev. 03/31 /2021 Exhibit B Schedule The Consultant shall complete the following phases of the Project in accordance with the schedule shown; assuming notice to proceed is issued by the City on or before March 17, 2025. If notice to proceed is given at a later date, time of completion shall be extended accordingly. Anticipated Contract Approval Design Surveys and Mapping Functional Design March 17, 2025 March 18, 2025 - May 9, 2025 April 1, 2025 - June 16, 2025 Page 17 of 17 Rev. 03/31 /2021