HomeMy WebLinkAboutAment Design-4/7/2014CITY OF WATERLOO
Council Communication
City Council Meeting: April 7, 2014
Prepared: April 2, 2014
Dept. Head Signature: Eric Thorson, PE., City Engineer
# of Attachments:
SUBJECT: F.Y. 2014 KIMBALL AVENUE TRANSPORTATION IMPROVEMENTS
CITY CONTRACT NO. 843
SUPPLEMENTAL AGREEMENT #4
CONSTRUCTION RELATED SERVICES
Submitted by: Jeff Bales, Associate Engineer
Recommended City Council Action:
Staff has reviewed this agreement and recommends Council approve this document and authorizes
Mayor to sign and enter into said agreement.
Summary Statement
Transmitted herewith is the Supplemental Agreement No. 4 with Ament, Inc., for construction
related services including construction administration, inspection and observation, and
construction surveys and materials testing in connection with the construction of the proposed
Kimball Avenue Transportation Improvements, City Contract No. 843. Subconsultant, Robinson
Engineering Company, will be added to assist in completing this work. This is an actual cost plus
fix fee agreement with a maximum amount payable of $671,285.00. The required local match
(20%) amounts to $134,257.00.
This agreement is available in the City Clerk's office if you wish to review it in its entirety.
Expenditure Required $134,257.00
Source of Funds 80% Federal Funds, 20% Local Option Sales Tax
Policy Issue N/A
Alternative N/A
Background Information
Iowa DOT Project No. STP -U-8155(731)--70-07
'Owner Project No. 843
Professional Services Agreement
for
Kimball Avenue Transportation Improvements Project —
from 500 Feet South of Tower Park Dr to Acadia St
Supplemental Agreement No. 4
This is an AGREEMENT, made as of the eighteenth (18th) day of March in the year 2014;
by and BETWEEN the City of Waterloo, Iowa, identified as the Owner ;
City of Waterloo, Iowa
City Hall
715 Mulberry Street
Waterloo, IA 50703
and the Consultant ;
Ament, Inc. (dba Ament Design)
625 32nd Avenue SW
Cedar Rapids, IA 52404
for the following Project:
The parties hereto entered into an agreement dated the twenty-fourth (24th) day of September, 2012 for survey,
design and preparation of plans, specifications, and estimates for the Kimball Avenue Transportation
Improvement Project — from 500 Feet South of Tower Park Drive to Acadia Street in Black Hawk County. The
Owner shall proceed with the construction of the proposed improvements identified in the final plans,
specifications, and estimates for the improvements, subject to the concurrence and approval of the Iowa
Department of Transportation (Iowa DOT) and the Federal Highway Administration (FHWA) (when applicable).
The Owner desires to employ the Consultant to provide additional work in connection with the construction of the
improvements. The Consultant is willing to perform the construction -relates services in accordance with the
terms hereinafter provided and warrants that it is in compliance with Iowa statutes relating to the licensure of
professional engineers.
Page 1 of 27
TABLE OF CONTENTS
Article Number And Description
1 Initial Information
1.1 Project Parameters
1.2 Financial Parameters
1.3 Project Team
1.4 Time Parameters
2 Scope Of Services And Other Special Terms And Conditions
2.1 Enumeration of Parts of the Agreement
3 Form of Compensation
3.1 Method of Reimbursement
3.2 Subconsultant
4 Terms And Conditions
4.1 Ownership of Engineering Documents
4.2 Revision of Plans
4.3 Extra Work
4.4 Progress Meetings
4.5 Additional Plans
4.6 Termination of Agreement
4.7 Extension of Time
4.8 Mediation
4.9 Arbitration
4.10 Responsibility for Claims and Liability
4.11 Non -Raiding Clause
4.12 General Compliance with Laws
4.13 Subletting, Assignment or Transfer
4.14 Forbidding Use of Outside Agents
4.15 Consultant's Endorsement on Plans
4.16 Compliance with Title 49, Code of Federal Regulations
4.17 Access to Records
4.18 Iowa DOT and Federal Highway Administration Participation
4.19 Severability
4.20 Choice of Law and Form
Attachment A - Scope of Services
Attachment A-1 - Duties, Responsibilities, and Limitations of Authority of Resident Project Representative
Attachment B - Specifications
Attachment C - Fees and Payments
Attachment C-1 - Cost Analysis Sheet
Attachment D - Intentionally Omitted
Attachment E - Intentionally Omitted
Attachment F - Intentionally Omitted
Attachment G - Intentionally Omitted (Sample Invoice Form is part of Base Agreement)
Attachment H - Consultant Fee Schedule (Staff Hour Estimate)
Attachment H-1 - Consultant Fee Schedule (Terracon Consultants, Inc.)
Attachment H-1 - Consultant Fee Schedule (Robinson Engineering Company)
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ARTICLE 1 INITIAL INFORMATION
1.1
This Agreement is based on the following information and assumptions.
Project Parameters
The objective or use is:
Perform construction -related services (construction administration, construction observation,
construction surveys, and materials testing) in connection with the construction of the proposed
improvements indicated in the final plans, specifications, and estimates developed under previous
supplemental agreements to the Base Agreement.
1.2 Financial Parameters
1.2.1 The financial parameters are;
Amount of the Owner's budget for the Consultant's compensation is:
Six -hundred seventy-one thousand two -hundred eighty-five and 00/100 dollars ($671,285.00)
1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is:
Fifty-four thousand seven -hundred ninety-six and 00/100 dollars ($54,796.00)
1.2.3 Costs for this Agreement will be segregated from all previous agreements with the Consultant utilizing
the same contract number, but different task numbers. This fee is based on the Project Contractor
utilizing a maximum of two hundred forty (240) working days to substantially complete Project
construction.
1.3 Project Team
1.3.1 The Owner's Designated Representative identified as the Contract Administrator is:
Jeff Bales — Associate Engineer, City Engineering Department
The Contract Administrator is the authorized representative, acting as liaison officer for the Owner for
purpose of coordinating and administering the work under the Agreement. The work under this
Agreement shall at all times be subject to the general supervision and direction of the Contract
Administrator and shall be subject to the Contract Administrator's approval.
1.3.2 The Consultant's Designated Representative is:
Rob J. Haaland, P.E. — Project Manager
1.3.3 The subconsultants retained at the Consultant's expense are:
Terracon Consultants, Inc.
Robinson Engineering Company
1.4 Time Parameters
1.4.1 Date to Proceed: Consultant is to begin work under this Agreement upon receipt of a written notice to
proceed from the Owner.
1.4.2 Construction -related services shall be completed and accepted on or before March 31, 2016 or ninety
(90) calendar days after the Project Contractor has submitted all required documentation to the
Consultant (whichever is greater). The schedule is based on the Project Contractor starting Project
construction no later than May 19, 2014 and utilizing a maximum of two hundred forty (240) working
days to substantially complete Project construction.
ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
2.1 Enumeration of Parts of the Agreement.
2.1.1 The work to be performed by the Consultant under this Agreement shall encompass and include all
detail work, services, materials, equipment and supplies necessary to prepare and deliver the scope of
services provided in Attachments A and A-1.
2.1.2 All services herein required and provided shall be in conformity with the applicable Iowa DOT
Standards, Design Guides and Specifications and Title 23, Code of Federal Regulations, Part 625, as
outlined in Attachment B.
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2.1.3 Other documents as follows:
.1 Fees and Payments - Attachment C
.2 Cost Analysis Sheet - Attachment C-1
.3 Consultant Fee Schedule (Staff Hour Estimate) - Attachment H
.4 Consultant Fee Schedule (Terracon Consultants, Inc.) - Attachment H-1
.5 Consultant Fee Schedule (Robinson Engineering Company) - Attachment H-1
2.1.4 Refer to the Base Agreement for documents as follows:
.1 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Attachment D
.2 Certification of Consultant - Attachment E
.3 Certification of Owner - Attachment F
.4 Sample Invoice Form - Attachment G
ARTICLE 3 FORM OF COMPENSATION
3.1 Method of Reimbursement
3.1.1 For the Consultant's services as described under Article 2, compensation shall be computed in
accordance with the Cost Plus Fixed Fee compensation method, as defined in Attachment C.
3.2 Subconsultant
3.2.1 The Consultant shall require the subconsultants (if applicable) to notify them if they at any time
determine that their costs will exceed their estimated actual costs. The Consultant shall not allow the
subconsultants to exceed their estimated actual costs without prior written approval of the Contract
Administrator. The prime Consultant is cautioned that cost under -runs associated with any
subconsultant's contract are not available for use by the prime Consultant unless the Contract
Administrator has given prior written approval and the Iowa DOT and the FHWA (when applicable)
concurs.
ARTICLE 4 TERMS AND CONDITIONS
4.1 Ownership of Engineering Documents
4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared under
this Agreement shall become the property of the Owner and shall be delivered to the Contract
Administrator upon completion of the plans or termination of the services of the Consultant. There
shall be no restriction or limitation on their future use by the Owner, except any use on extensions of
the project or on any other project without written verification or adaptation by the Consultant for the
specific purpose intended will be the Owner's sole risk and without liability or legal exposure to the
Consultant.
4.1.2 The Owner acknowledges the Consultant's plans and specifications, including all documents on
electronic media, as instruments of professional service. Nevertheless, the plans and specifications
prepared under this Agreement shall become the property of the Owner upon completion of the
services and payment in full of all moneys due to the Consultant.
4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall conform to
the specifications listed in Attachment B. All electronic files will be submitted to the Owner by the
Consultant on CD or other mutually agreed upon medium. Any change to these specifications by
either the Owner or the Consultant is subject to review and acceptance by the other party. Additional
efforts by the Consultant made necessary by a change to the CADD software specifications shall be
compensated for as Additional Services.
4.1.4 The Owner is aware that significant differences may exist between the electronic files delivered and the
respective construction documents due to addenda, change orders or other revisions. In the event of a
conflict between the signed construction documents prepared by the Consultant and electronic files,
the signed construction documents shall govern.
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4.1.5 The Owner may reuse or make modifications to the plans and specifications, or electronic files while
agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the
plans and specifications.
4.2 Revision of Plans
4.2.1 Drafts of work products shall be submitted to the Contract Administrator by the Consultant for review
and comment. The comments received from the Contract Administrator and the reviewing agencies
shall be incorporated by the Consultant prior to submission of the final work product by the
Consultant. Work products revised in accordance with review comments shall constitute "satisfactorily
completed and accepted work". Requests for changes on work products by the Contract
Administrator shall be in writing. In the event there are no comments from the Contract
Administrator or reviewing agencies to be incorporated by the Consultant into the final work product,
the Contract Administrator shall immediately notify the Consultant, in writing, that the work product
shall constitute "satisfactorily completed and accepted work".
4.2.2 In the event that the work product prepared by the Consultant is found to be in error and revision or
reworking of the work product is necessary, the Consultant agrees that it shall do such revisions
without expense to the Owner, even though final payment may have been received. The Consultant
must give immediate attention to these changes so there will be a minimum of delay during
construction. The above and foregoing is not to be construed as a limitation of the Owner's right to
seek recovery of damages for negligence on the part of the Consultant herein.
4.2.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed and
accepted work product or parts thereof revised, the Consultant shall make such revisions if requested
and directed by the Contract Administrator in writing. This work will be paid for as provided in Article
4.3.
4.3 Extra Work
4.3.1 If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of
this Agreement, and constitutes "Extra Work", it shall promptly notify the Contract Administrator in
writing to that effect. In the event that the Contract Administrator determines that such work does
constitute "Extra Work", the Owner will provide extra compensation to the Consultant upon the basis
of actual costs plus a fixed fee amount, or at a negotiated lump sum. Unless written approval for "Extra
Work" has been secured in advance from the Contract Administrator, and the Iowa DOT and the
FHWA (when applicable) concurs, no claims will be allowed. However, the Owner shall have benefit of
the service rendered.
4.4 Progress Meetings
4.4.1 From time to time as the work progresses, conferences will be held at mutually convenient locations at
the request of the Contract Administrator to discuss details of the design and progress of the work.
The Consultant shall prepare and present such information and studies as may be pertinent and
necessary or as may be requested by the Contract Administrator, to enable the Contract
Administrator to pass judgment on the features and progress of the work.
4.5 Additional Plans
4.5.1 At the request of the Contract Administrator, the Consultant shall furnish sufficient prints of plans or
other data in such detail as may be required, for the purposes of review of details and for plan -in -hand
and field check inspections.
4.6 Termination of Agreement
4.6.1 In the event of the death of any member or partner of the Consultant's firm, the surviving members
shall complete the work, unless otherwise mutually agreed upon by the Owner and the survivors.
4.6.2 The right is reserved by the Owner to terminate this Agreement at any time upon not less than thirty
(30) days' written notice to the Consultant.
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4.6.3 In the event the Agreement is terminated by the Owner without fault on the part of the Consultant, the
Consultant shall be paid for the reasonable and necessary work performed or services rendered and
delivered up to the effective date or time of termination. The value of the work performed and services
rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Contract
Administrator and to the Consultant. The Consultant shall be paid a portion of the fixed fee, plus
actual costs. The portion of the fixed fee shall be based on the ratio of the actual costs incurred to the
estimated actual costs contained in Attachment C. Actual costs to be reimbursed shall be determined
by audit of such costs to the date established by the Contract Administrator in the termination notice,
except that actual costs to be reimbursed shall not exceed the Estimated Actual costs, plus any
authorized contingency.
4.6.4 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the
Consultant shall be paid only for work satisfactorily performed and delivered to the Contract
Administrator up to the date established by the termination notice. After audit of the Consultant's
actual costs to the date established by the Contract Administrator in the termination notice and after
determination by the Contract Administrator of the amount of work satisfactorily performed, the
Contract Administrator shall determine the amount to be paid to the Consultant.
4.6.5 The right is reserved by the Owner to suspend this Agreement at any time. The Contract
Administrator may effect such suspension by giving the Consultant written notice, and it will be
effective as of the date established in the suspension notice. Payment for the Consultant's services
will be made by the Owner to the date of such suspension, in accordance with paragraph 4.6.3 above.
4.6.6 Should the Owner wish to reinstate the work after notice of suspension, such reinstatement may be
accomplished by thirty (30) days' written notice within a period of one year after such suspension,
unless this period is extended by written consent of the Consultant.
4.6.7
4.7 Extension of Time
4.7.1 The time for completion of each phase of this Agreement shall not be extended because of any delay
attributed to the Consultant, but may be extended by the Contract Administrator in the event of a
delay attributed to the Owner or the Contract Administrator, or because of unavoidable delays
caused by an act of God, war, government actions, or similar causes beyond the reasonable control of
the Consultant.
4.8 Mediation
4.8.1 In an effort to resolve any conflicts that arise during the design or construction of the project or following
the completion of the project, the Owner and the Consultant agree that all disputes between them
arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the
parties mutually agree otherwise. The Owner and the Consultant further agree to include a similar
mediation provision in all agreements with independent contractors and Consultants retained for the
project and to require all independent contractors and Consultants also to include a similar mediation
provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained,
thereby providing for mediation as the primary method for dispute resolution between the parties to
those agreements.
4.9 Arbitration
4.9.1 In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of
the services under this Agreement in accordance with Paragraph 4.8, then such disputes shall be
settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and pursuant to
the arbitration procedures set out in Iowa Code Chapter 679A. Any arbitration pursuant to this
paragraph or mediation pursuant to Paragraph 4.8.1 shall occur in Black Hawk County, Iowa.
4.10 Responsibility For Claims And Liability
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4.10.1 The Consultant shall defend, indemnify and save harmless the Owner, the Iowa Department of
Transportation, the State of Iowa, its agencies, agents, employees and assignees and the Federal
Government from all claims and liabilities due to design error, omission or negligent act of the
Consultant, its members, agents, stockholders, or employees in connection with performance of this
Agreement.
4.11 Non -Raiding Clause
4.11.1 The Consultant shall not engage the services of any person or persons, then in the employment of the
Owner, for work covered by this Agreement without the written consent of the employer of such person.
4.12 General Compliance With Laws
4.12.1 The Consultant shall comply with all Federal, State and Local laws and ordinances applicable to the
work.
4.13 Subletting, Assignment Or Transfer
4.13.1 Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is
prohibited unless written consent is obtained from the Contract Administrator and the Iowa DOT and
the FHWA (when applicable) concurs.
4.14 Forbidding Use of Outside Agents
4.14.1 The Consultant warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it
has not paid or agreed to pay any company or person, other than bona fide employees working solely
for the Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, the Owner shall have the right to annul the Agreement without liability, or in its discretion to
deduct from the Agreement price or consideration or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, or counterpart fee.
4.15 Consultant's Endorsement On Plans
4.15.1 The Consultant shall endorse the completed computations prepared under this Agreement, and shall
affix thereto the seal of a licensed professional engineer or architect, licensed to practice in the State of
Iowa, in accordance with the current Code of Iowa.
4.16 Compliance With Title 49, Code Of Federal Regulations
4.16.1 During the performance of this Agreement, the Consultant and its assignees and successors in
interest agree as follows:
4.16.1.1 Compliance with Regulations
4.16.1.1.1 The Consultant will comply with the regulations of the U.S. Department of Transportation, relative to
nondiscrimination in federally assisted programs of the U.S. Department of Transportation (Title 49,
Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein
incorporated by reference and made a part of this Agreement.
4.16.1.2 Nondiscrimination
4.16.1.2.1The Consultant, with regard to the work performed by it, will not discriminate on the grounds of race,
religion, age, physical disability, color, sex or national origin in the selection and retention of
subconsultants, including procurement of materials and leases of equipment. The Consultant will not
participate, either directly or indirectly, in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the Agreement covers a program set forth in the
Regulations.
4.16.1.3 Solicitation for Subconsultants, Including Procurement of Materials and Equipment
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4.16.1.3.1 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be
performed under a subcontract, including procurement of materials or equipment, each potential
subconsultant or supplier shall be notified by the Consultant of the Consultant's obligation under this
contract and the regulations relative to nondiscrimination on the grounds of race, religion, age, physical
disability, sex, or national origin.
4.16.1.4 Disadvantaged Business Enterprises
4.16.1.4.1 The Consultant or its subconsultants agree(s) to ensure that disadvantaged business enterprises
(DBEs) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance
of contracts and subcontracts financed in whole or in part with Federal funds provided under this
Agreement. In this regard the Consultant and all of its subconsultants shall take all necessary and
reasonable steps in compliance with the Iowa DOT DBE Program to ensure disadvantaged business
enterprises have the maximum opportunity to compete for and perform contracts. The Consultant and
their subconsultants shall not discriminate on the basis of race, religion, age, physical disability, color,
sex or national origin in the award and performance of U.S. DOT assisted contracts. If, as a condition
of assistance, the Iowa DOT has submitted to the U.S. DOT, or the Consultant has submitted to the
Iowa DOT, and the U.S. DOT or Department has approved a disadvantaged business enterprise
affirmative action program which the Iowa DOT and/or Consultant agrees(s) to carry out, this
program(s) is incorporated into this Agreement by reference. This program shall be treated as a legal
obligation and failure to carry out its terms shall be treated as a violation of this financial assistance
agreement.
Upon notification to the Consultant of its failure to carry out the approved program, the Owner, the
Iowa DOT, and/or the U.S. DOT shall impose sanctions, which may include termination of the
Agreement or other measures that may affect the ability of the Consultant to obtain future U.S. DOT
financial assistance. The Consultant or any of its subconsultants are hereby advised that failure to
fully comply with the Iowa Department of Transportation's DBE Program shall constitute a breach of
contract and may result in termination of this Agreement or agreement(s) by the Owner or such remedy
as the Owner deems appropriate. Refer to Article 4.6 of the Agreement.
4.16.1.5 Information and Reports
4.16.1.5.1The Consultant will provide all information and reports required by the regulations, orders and
instructions issued pursuant thereto, and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Owner, the Iowa DOT, or the
FHWA, to be pertinent to ascertain compliance with regulations, orders and instructions. Where any
information required of a Consultant is in the exclusive possession of another who fails or refuses to
furnish this information, the Consultant shall so certify to the Owner, the Iowa DOT, or the FHWA, as
appropriate, and shall set forth what efforts it has made to obtain information.
4.16.1.6 Sanctions for Noncompliance
4.16.1.6.1 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
Agreement, the Owner shall impose such contract sanctions as it, the Iowa DOT, or the FHWA, may
determine to be appropriate, including, but not limited to:
...1.6.1.1 Withholding of payments to the Consultant under the Agreement until the Consultant complies, and/or
...1.6.1.2 Cancellation, termination or suspension of the Agreement, in whole or in part.
4.16.1.7 Incorporation of Provisions
4.16.1.7.1 The Consultant will include the provisions of Article 4.16.1.1 through 4.16.1.6 of this Agreement in
every subagreement, including procurements of materials and lease of equipment, unless exempt by
the regulations, orders or instructions issued pursuant thereto. The Consultant will take such action
with respect to any subagreement or procurement as the Owner, Iowa DOT, or FHWA may direct as a
means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in
the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or
supplier as a result of such direction, the Consultant may request the Owner, the Iowa DOT, or the
Untied States to enter into such litigation to protect the interests of the Owner , the Iowa DOT, and the
Unites States, respectively.
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4.17 Access To Records
4.17.1 The Consultant is to maintain all books, documents, papers, accounting records and other evidence
pertaining to this Agreement and to make such materials available at their respective offices at all
reasonable times during the agreement period, and for three years from the date of final payment under
the Agreement, for inspection and audit by the Owner, Iowa DOT, FHWA, or any authorized
representatives of the Federal Government; and copies thereof shall be furnished, if requested.
4.18 Iowa DOT and Federal Highway Administration Participation
4.18.1 The work under this Agreement shall be contingent upon and subject to the approval of the Iowa DOT
and the Federal Highway Administration (if applicable). The Iowa DOT and the Federal Highway
Administration shall have the right to participate in the conferences between the Consultant and the
Owner and to participate in the review or examination of the work in progress.
4.19 Severability
If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such
adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part
thereof not adjudged invalid or unconstitutional.
4.20 Choice of Law and Form
The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with
this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding
of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive
jurisdiction for the proceeding shall be brought in the Black Hawk County District Court for the State of
Iowa, Waterloo, Iowa. This provision shall not be construed as waiving any immunity to suit or liability
including without limitation sovereign immunity in State or Federal court, which may be available to the
Owner.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials
thereunto duly authorized as of the dates below indicated.
Ament, Inc.
Michael G. Dryden, P.E.
Secretary/Treasurer
terloo, Iowa
a L
Ernest G. "Buck" Clark
Mayor
Iowa Department of Transportation
Accepted for FHWA Authorization*
Date:
Date:
/
By: %_,*7, Date: / 'c%/ /1 , (204--
Robert
20 fRobert Welper, P.E.
Local Systems Engineer
District 2 Office
* The Iowa DOT is not a party to this Agreement. However, by signing this Agreement, the Iowa DOT is indicating
the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds.
IOWA DEPARTMENT OF TRANSPORTATION
DISTRICT 2
APR 14 7014
MAWR] ;A
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ATTACHMENT A
Scope of Services
Scope of Services
The scope of services to be performed by the ENGINEER shall be completed in accordance with generally
accepted standards of practice and shall include the services and supplies to perform tasks listed below.
I. Project Management
Project Management will involve managing the scope, schedule, and budget for the Project. It will involve
overseeing and directing the members of the Project Team including ENGINEER's staff and ENGINEER's
Consultants. It will include ongoing communications with the OWNER (correspondence, phone calls, etc.) and
the preparation and submittal of monthly invoices to the OWNER for reimbursement of costs and fees.
A. Track Project Schedule — This task involves tracking the project schedule throughout the length of the
construction -related services phase. This will be done to determine if the performance of the construction -
related services is in conformance with the project schedule.
This task includes the preparation of written instructions for project staff providing background, names of
contacts, communications procedures, responsibilities, schedule and budget information, and other important
elements for the project. This task also includes the development of a graphic project schedule indicating
critical dates, milestones, and deliverables and the preparation of a detailed work plan with specific staff
assignments, by task, corresponding to the schedule.
B. Monitor Project Scope — This task involves monitoring the project scope throughout the length of the
construction -related services phase. This will be done to identify needed services that are not included in the
scope of the construction -related services contract. ENGINEER will make the OWNER representative aware
of potential change orders to the construction -related services contract before the additional services are
performed.
C. Consultant Management — This task involves the preparation of subcontracts and work orders for
ENGINEER's Consultants. This task also includes monitoring ENGINEER's Consultant activities, reviewing
ENGINEER's Consultant invoices, and submitting to the OWNER for payment. This task also includes
reviewing ENGINEER's Consultant work for technical accuracy and conformance with project requirements.
The Consultants that are anticipated are:
• Terracon Consultants, Inc.
• Robinson Engineering Company
D. Quality Control Plan — This task involves establishment of review and checking procedures for Project
deliverables. The ENGINEER will designate responsibility for implementation of the plan.
II. Public Involvement Plan
The Public Involvement Plan (PIP) will involve a) the business owners, residents, and other property owners who
will be most directly impacted by construction of the Project — those located along the Project corridor; b) other
Project stakeholders who will be affected by Project construction, but not as directly, such as neighborhood
associations and nearby schools, churches, hospitals, and major employers; and c) the general public.
The Public Involvement Plan (PIP) for the Project will include:
A. Maintenance of a Property Owner and Stakeholder Database / Mailing Lists — This task includes the
maintenance and updating of the database and mailing list that were developed under previous supplemental
agreements for both business owners and residents in the Project corridor as well as other Project
stakeholders, for use in providing notifications about the Project.
B. Notification of Property Owners / Stakeholders — This task includes the preparation of letters (and envelopes,
if needed) addressed to individual property owners along the Project corridor(s) and other Project
stakeholders and the distribution of these letters via either conventional mail or electronic mail or hand -
delivery. The purpose of this notification will be to inform individual property owners and stakeholders of the
Public Information / Open House Meeting that is to be conducted.
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C. Public Information / Open House Meetings — This task includes the development of the necessary exhibits for
and facilitation of one (1) Public Information / Open House Meeting. The purpose of this meeting is to inform
corridor businesses, residents, schools, churches, hospitals, other Project stakeholders, and the general
public of the Project's construction and to present the final Project design. The ENGINEER will be
responsible for scheduling the Public Information Meeting, reserving an appropriate meeting facility, and
publishing a notice of the Public Information Meeting in the local newspaper. [This Public Information Meeting
(PIM) is in lieu of the third PIM that was included in Supplemental Agreement No. 1.]
D. Host and Maintain Kimball Avenue Transportation Improvements Project Facebook® Page — This task
includes the hosting and ongoing maintenance and updating of a Facebook® page for the Kimball Avenue
Transportation Improvements Project, which was previously developed during the design phase. This
Facebook® page will provide information such as:
• Name of engineering consultant with contact information
• E-mail capabilities to allow people to send questions and sign up for the newsletter
• Anticipated Project construction schedule
• Public meeting dates
• Copy of meeting handouts
• Listings of local resource groups with contact information
• Maps and other exhibits
The ENGINEER will be responsible for monthly updates to the Facebook® page. This will include labor,
equipment, and software required to keep the Facebook® page active and current through Project
construction.
The OWNER will approve all Facebookpage content prior to its public availability.
E. Use Social Media for "Real -Time" Project Updates — This task includes the development of a Twitter® site to
provide up-to-date Project information.
The OWNER will approve all Twitter site content prior to its public availability.
III. Construction -Related Services
A. Construction Surveys — This task includes the provision of horizontal and vertical field survey control in
sufficient quantity, as necessary, to construct the project. This task also includes office calculations and the
provision of field survey construction offsets and elevation staking, as needed by the Contractor, to construct
the Project improvements. Project elements to be staked and/or checked include;
1. removal limits for pavement and sidewalk;
2. limited subgrade and grading (It is assumed that the Contractor will utilize GPS machine control for the
majority of his/her roadway grading operations and that a limited amount of conventional grade staking
will be required.);
3. storm sewer structures / adjustments / pipe and box culvert bends;
4. sanitary sewer;
5. retaining walls;
6. traffic signal and controller cabinet bases and handholes;
7. paving;
8. trail and pedestrian ramps; and
9. right-of-way and temporary construction easement boundaries.
This task also includes checking the constructed pedestrian ramps for compliance with design requirements.
[CONTINGENCY Task: If Contractor does not utilize GPS machine control for the majority of his/her roadway
grading operations, ENGINEER will perform additional conventional grade staking.]
B. The ENGINEER shall perform construction administration for the OWNER during the Construction Phase of
the Project. The ENGINEER shall perform nearly full-time construction observation for the OWNER during
the Construction Phase of the Project.
1. General Administration of Construction Contract — Consult with OWNER and act as OWNER's
representative. The extent and limitations of the duties, responsibilities and authority of ENGINEER as
assigned shall not be modified, except as ENGINEER may otherwise agree in writing. All of OWNER's
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instructions to Contractor will be issued through ENGINEER, who shall have authority to act on behalf of
OWNER in dealings with Contractor to the extent provided in this Agreement except as otherwise
provided in writing.
2. Resident Project Representative (RPR) — Provide the services of an RPR at the Site to assist the
ENGINEER and to provide more extensive observation of Contractor's work. Duties, responsibilities, and
authority of the RPR are as set forth in Attachment A-1. The furnishing of such RPR's services will not
extend ENGINEER's responsibilities or authority beyond the specific limits set forth elsewhere in this
Agreement.
3. Pre -Construction Conference — Participate in a Pre -Construction Conference prior to commencement of
Work at the Site.
4. Visits to Site and Observation of Construction — In connection with observations of Contractor's work in
progress while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of construction, as ENGINEER
deems necessary, in order to observe as an experienced and qualified design professional the
progress and quality of the Work. Such visits and observations by ENGINEER, and the Resident
Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of
Contractor's work in progress or to involve detailed inspections of Contractor's work in progress
beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract
Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of
general observation of the Work based on ENGINEER's exercise of professional judgment as
assisted by the Resident Project Representative, if any. Based on information obtained during such
visits and such observations, ENGINEER will determine, in general, if Contractor's work is proceeding
in accordance with the Contract Documents, and ENGINEER shall keep OWNER informed of the
progress of the Work.
b. The purpose of ENGINEER's visits to, and representation by the Resident Project Representative, if
any, at the Site, will be to enable ENGINEER to better carry out the duties and responsibilities
assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the
exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for
OWNER a greater degree of confidence that the completed Work will conform in general to the
Contract Documents and that the integrity of the design concept of the completed Project as a
functioning whole as indicated in the Contract Documents has been implemented and preserved by
Contractor. ENGINEER shall not, during such visits or as a result of such observations of
Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall
ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or
procedures of construction selected by Contractor, for safety precautions and programs incident to
Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to
Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the
performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and
perform its work in accordance with the Contract Documents.
5. Defective Work — Recommend to OWNER that Contractor's work be disapproved and rejected while it is
in progress if, on the basis of such observations, ENGINEER believes that such work will not produce a
completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity
of the design concept of the completed Project as a functioning whole as indicated in the Contract
Documents.
6. Clarifications and Interpretations; Field Orders — Issue necessary clarifications and interpretations of the
Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications
and interpretations will be consistent with the intent of and reasonably inferable from the Contract
Documents. ENGINEER may issue Field Orders authorizing minor variations from the requirements of
the Contract Documents.
7. Change Orders and Work Change Directives — Recommend Change Orders and Work Change Directives
to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required.
8. Shop Drawings and Samples — Review and approve or take other appropriate action in respect to Shop
Drawings and Samples and other data which Contractor is required to submit, but only for conformance
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with the information given in the Contract Documents and compatibility with the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and
approvals or other action will not extend to means, methods, techniques, sequences or procedures of
construction or to safety precautions and programs incident thereto. ENGINEER has an obligation to
meet any Contractor's submittal schedule that has earlier been acceptable to ENGINEER.
9. Substitutes and "or -equal." — Evaluate and determine the acceptability of substitute or "or -equal" materials
and equipment proposed by Contractor.
10. Inspections and Tests — Require such special inspections or tests of Contractor's work as deemed
reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required
by Laws and Regulations or the Contract Documents. ENGINEER's review of such certificates will be for
the purpose of determining that the results certified indicate compliance with the Contract Documents and
will not constitute an independent evaluation that the content or procedures of such inspections, tests, or
approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely
on the results of such tests.
11. Disagreements between OWNER and Contractor — Render formal written decisions on all claims of
OWNER and Contractor relating to the acceptability of Contractor's work or the interpretation of the
requirements of the Contract Documents pertaining to the execution and progress of Contractor's work.
In rendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor
and shall not be liable in connection with any decision rendered in good faith in such capacity.
12. Applications for Payment — Based on ENGINEER's observations as an experienced and qualified design
professional and on review of Applications for Payment and accompanying supporting documentation:
a. Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of
payment will be in writing and will constitute ENGINEER's representation to OWNER, based on such
observations and review, that, to the best of ENGINEER's knowledge, information and belief,
Contractor's work has progressed to the point indicated, the quality of such work is generally in
accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results of any subsequent tests called for in the
Contract Documents and to any other qualifications stated in the recommendation), and the
conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in
so far as it is ENGINEER's responsibility to observe Contractor's work. In the case of unit price work,
ENGINEER's recommendations of payment will include final determinations of quantities and
classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract
Documents).
b. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that
observations made by ENGINEER to check the quality or quantity of Contractor's work as it is
performed and furnished have been exhaustive, extended to every aspect of Contractor's work in
progress, or involved detailed inspections of the Work beyond the responsibilities specifically
assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's
review of Contractor's work for the purposes of recommending payments nor ENGINEER's
recommendation of any payment including final payment will impose on ENGINEER responsibility to
supervise, direct, or control Contractor's work in progress or for the means, methods, techniques,
sequences, or procedures of construction or safety precautions or programs incident thereto, or
Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and
performing the Work. It will also not impose responsibility on ENGINEER to make any examination to
ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract
Price, or to determine that title to any portion of the work in progress, materials, or equipment has
passed to OWNER free and clear of any liens, claims, security interests, or encumbrances, or that
there may not be other matters at issue between OWNER and Contractor that might affect the
amount that should be paid.
13. Contractor's Completion Documents.
a. Receive and review maintenance and operating instructions, schedules, and guarantees.
b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by
the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and
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other data approved, and the annotated record documents which are to be assembled by Contractor
in accordance with the Contract Documents to obtain final payment.
c. ENGINEER shall transmit these documents to OWNER.
14. Substantial Completion — Promptly after notice from Contractor that Contractor considers the entire Work
ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine
if the Work is Substantially Complete. If after considering any objections of OWNER, ENGINEER
considers the Work Substantially Complete, ENGINEER shall deliver a certificate of Substantial
Completion to OWNER and Contractor.
15. Additional Tasks. Perform or provide the following additional Construction Phase tasks or deliverables:
a. Attend weekly (or bi-monthly, if appropriate) progress meetings with Contractor and prepare and
circulate copies of minutes.
b. Perform weekly inspections of Storm Water Pollution Prevention Plan elements furnished, installed,
and maintained by Contractor, such as silt fence, inlet protection devices, etc. Robinson Engineering
Company will perform a portion of this task.
c. Perform materials testing on engineered fill and subgrade and perform concrete (air and slump tests)
and record test results for Portland cement concrete (PCC) pavement, sidewalk, driveways, cast -in-
place structures, etc. in conformance with the requirements of the Iowa Department of Transportation
(DOT) Construction Manual. If required, prepare test cylinders or beams, transport test specimens to
the laboratory, perform strength tests on test specimens, and prepare and document test results.
Terracon Consultants, Inc. will perform this task.
d. Perform PCC plant monitoring in conformance with the requirements of the Iowa DOT Construction
Manual, Appendix 3-2. Terracon Consultants, Inc. will perform this task.
e. Prepare and furnish to OWNER Record Drawings showing appropriate record information based on
Project annotated record documents received from Contractor.
f. Provide one reproducible and correctable printed copy of as -built record drawings and electronic disk
in AutoCAD format of the as -built record drawings.
g.
Assemble necessary documentation for and assist Iowa Department of Transportation with post -
construction final Project review and materials audit. Submit necessary documents for final Project
review, materials audit, and Project close-out to applicable regulatory agencies upon completion of
construction.
16. Final Notice of Acceptability of the Work — Conduct a final inspection to determine if the completed Work
of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor.
Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the
Work is acceptable to the best of ENGINEER's knowledge, information, and belief and based on the
extent of the services provided by ENGINEER under this Agreement.
C. Duration of Construction Phase — The Construction Phase will commence with the execution of the first
Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by
ENGINEER for final payment to Contractors. If the Project involves more than one prime contract,
Construction Phase services may be rendered at different times in respect to the separate contracts.
D. Limitation of ENGINEER's Authority and Responsibilities — Neither ENGINEER's authority or responsibility
under this Agreement or under any other provision of the Contract Documents nor any decision made by
ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking,
exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to
any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any
Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.
ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their
subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work.
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ENGINEER shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance
with the Contract Documents.
The limitations upon authority and responsibility set forth above shall also apply to ENGINEER's Consultants,
Resident Project Representative, and assistants.
IV. Deliverables
A. ENGINEER Deliverables
1. Minutes of project review meetings to meeting attendees.
2. Monthly progress reports (submitted with project invoices) to OWNER.
3. Facebook® page content to OWNER.
4. Twitter® site content to OWNER.
5. The deliverables indicated in Exhibit A-1 to OWNER and/or Iowa DOT, as appropriate.
V. Owner's Responsibilities
MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER:
The OWNER shall provide the following material and information related to the project:
A. PDF files of GIS data (or photocopies) of sewer utility records, water utility records, storm sewer
utility records, traffic signal records, miscellaneous utility records (as available), and record
drawings for adjacent improvements, if needed.
B. Site plans for adjacent properties, if needed.
C. Permit applications that are only available from the OWNER that are necessary to commence
with the construction of the proposed improvements.
TASKS TO BE PERFORMED BY THE OWNER:
The OWNER shall perform the following tasks related to the project:
A. Attend pre -construction conference, construction progress and other job-related meetings, and
Substantial Completion and final payment inspections.
B. Prepare and submit monthly and final claims for reimbursement to Iowa Department of
Transportation.
C. Input new traffic signal timing information into existing and/or upgraded traffic signal equipment,
when recommended, during various stages of construction, near Project completion, and after
completion of post -implementation travel time runs, if necessary.
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This is ATTACHMENT A-1, consisting of four (4)
page(s), referred to in the agreement between the
OWNER and Ament Design, effective March 17, 2014.
DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF
RESIDENT PROJECT REPRESENTATIVE
Resident Project Representative
A. CONSULTANT shall provide a Resident Project Representative ("RPR"), assistants, and other field staff to
assist CONSULTANT in observing progress and quality of the Work. The RPR, assistants, and other field
staff under this Exhibit A-1 may provide full time representation or may provide representation to a lesser
degree.
B. Through such additional observations of Contractor's work in progress and field checks of materials and
equipment by the RPR and assistants, CONSULTANT shall endeavor to provide further protection for
OWNER against defects and deficiencies in the Work. However, CONSULTANT shall not, during such visits
or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the
Contractor's Work nor shall CONSULTANT have authority over or responsibility for the means, methods,
techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident
to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations
applicable to Contractor's performing and furnishing the Work, or responsibility of construction for Contractor's
failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific
limitations set forth in Attachment A of the Agreement are applicable.
C. The duties and responsibilities of the RPR are limited to those of CONSULTANT in the Agreement with the
OWNER and in the Contract Documents, and are further limited and described as follows:
1. General: RPR is CONSULTANT's agent at the Site, will act as directed by and under the supervision of
CONSULTANT, and will confer with CONSULTANT regarding RPR's actions. RPR's dealings in matters
pertaining to the Contractor's work in progress shall in general be with CONSULTANT and Contractor,
keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or
with the full knowledge and approval of Contractor. RPR shall generally communicate with OWNER with
the knowledge of and under the direction of CONSULTANT.
2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and
schedule of values prepared by Contractor and consult with CONSULTANT concerning acceptability.
3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences,
progress meetings, job conferences and other project -related meetings, and prepare and circulate copies
of minutes thereof.
4. Liaison:
a. Serve as CONSULTANT's liaison with Contractor, working principally through Contractor's
superintendent and assist in understanding the intent of the Contract Documents.
b. Assist CONSULTANT in serving as OWNER's liaison with Contractor when Contractor's operations
affect OWNER's on -Site operations.
c. Assist in obtaining from OWNER additional details or information, when required for proper execution of
the Work.
5. Interpretation of Contract Documents: Report to CONSULTANT when clarifications and interpretations of
the Contract Documents are needed and transmit to Contractor clarifications and interpretations as
issued by CONSULTANT.
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6. Shop Drawings and Samples:
a. Record date of receipt of Samples and approved Shop Drawings.
b. Receive Samples which are furnished at the Site by Contractor, and notify CONSULTANT of availability
of Samples for examination.
c. Advise CONSULTANT and Contractor of the commencement of any portion of the Work requiring a
Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by
CONSULTANT.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or
Specifications and report with RPR's recommendations to CONSULTANT. Transmit to Contractor in
writing decisions as issued by CONSULTANT.
8. Review of Work and Rejection of Defective Work:
a. Conduct on -Site observations of Contractor's work in progress to assist CONSULTANT in determining if
the Work is in general proceeding in accordance with the Contract Documents.
b. Report to CONSULTANT whenever RPR believes that any part of Contractor's work in progress will not
produce a completed Project that conforms generally to the Contract Documents or will prejudice the
integrity of the design concept of the completed Project as a functioning whole as indicated in the
Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test
or approval required to be made; and advise CONSULTANT of that part of work in progress that RPR
believes should be corrected or rejected or should be uncovered for observation, or requires special
testing, inspection or approval.
9. Inspections, Tests, and System Startups:
a. Consult with CONSULTANT in advance of scheduled major inspections, tests, and systems startups of
important phases of the Work.
b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are
conducted in the presence of appropriate OWNER's personnel, and that Contractor maintains adequate
records thereof.
c. Observe, record, and report to CONSULTANT appropriate details relative to the test procedures and
systems startups.
d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project,
record the results of these inspections, and report to CONSULTANT.
10. Records:
a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of
original Contract Documents including all Change Orders, Field Orders, Work Change Directives,
Addenda, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT's
clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and
Sample submittals received from and delivered to Contractor, and other Project related documents.
b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather
conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or
changed conditions, Site visitors, daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures; and send copies to
CONSULTANT.
c. Record names, addresses and telephone numbers of all Contractors, subcontractors, and major
suppliers of materials and equipment.
d. Maintain records for use in preparing Project documentation.
e. Upon completion of the Work, furnish original set of all RPR Project documentation to CONSULTANT.
Page 18 of 27
11. Reports:
a. Furnish to CONSULTANT periodic reports as required of progress of the Work and of Contractor's
compliance with the progress schedule and schedule of Shop Drawing and Sample submittals.
b. Draft and recommend to CONSULTANT proposed Change Orders, Work Change Directives, and Field
Orders. Obtain backup material from Contractor.
c. Furnish to CONSULTANT and OWNER copies of all inspection, test, and system startup reports.
d. Report immediately to CONSULTANT the occurrence of any Site accidents, any Hazardous
Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged
by fire or other causes.
12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established
procedure for their submission and forward with recommendations to CONSULTANT, noting particularly
the relationship of the payment requested to the schedule of values, Work completed, and materials and
equipment delivered at the Site but not incorporated in the Work.
13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials
and equipment certificates, operation and maintenance manuals and other data required by the
Specifications to be assembled and furnished by Contractor are applicable to the items actually installed
and in accordance with the Contract Documents, and have these documents delivered to CONSULTANT
for review and forwarding to OWNER prior to payment for that part of the Work.
14. Completion:
a. Before CONSULTANT issues a Certificate of Substantial Completion, submit to Contractor a list of
observed items requiring completion or correction.
b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including
but not limited to those to be performed by public agencies having jurisdiction over the Work.
c. Participate in a final inspection in the company of CONSULTANT, OWNER, and Contractor and
prepare a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected and make recommendations
to CONSULTANT concerning acceptance and issuance of the Notice of Acceptability of the Work.
D. Resident Project Representative shall not:
1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including
"or -equal" items).
2. Exceed limitations of CONSULTANT's authority as set forth in the Agreement or the Contract Documents.
3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's
superintendent.
4. Advise on, issue directions relative to or assume control over any aspect of the means, methods,
techniques, sequences or procedures of Contractor's work unless such advice or directions are
specifically required by the Contract Documents.
5. Advise on, issue directions regarding, or assume control over safety precautions and programs in
connection with the activities or operations of OWNER or Contractor.
6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as
specifically authorized by CONSULTANT.
7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.
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8. Authorize OWNER to occupy the Project in whole or in part.
Page 20 of 27
ATTACHMENT B
Specifications
Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2012,
plus General Supplemental Specifications; and applicable Supplemental Specifications, Developmental
Specifications, and Special Provisions.
Page 21 of 27
ATTACHMENT C (referenced from 3.1)
Fees and Payments - Cost Plus Fixed Fee
3.1.1 FEES AND PAYMENTS
3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the
terms of this Agreement, the Consultant shall be paid fees in the amounts of the Consultant's actual
cost plus applicable fixed fee amount. Consultants' actual costs shall include payments to any
subconsultants. The estimated actual costs and fixed fee are shown below and are itemized in
Attachment C-1. The nature of engineering services is such that actual costs are not completely
determinate. Therefore, it is possible that the Consultant's actual costs may exceed those shown in
Attachment C-1 and as shown below. A contingency amount has been established to provide for actual
costs that exceed those estimated.
Estimated Actual Costs
Fixed Fee [Prime Only]
Contingency [Prime Only]
Maximum Amount Payable
$ 560.708.00
$ 59.986.00
$ 50,591.00
$ 671,285.00
If at any time during the work the Consultant determines that its actual costs will exceed the estimated
actual costs, thus necessitating the use of a contingency amount, it will promptly so notify the Contract
Administrator in writing and describe what costs are causing the overrun and the reason. The
Consultant shall not exceed the estimated actual costs without the prior written approval of the
Contract Administrator and concurrence of the Iowa DOT and the FHWA (when applicable). The
Owner or the Iowa DOT may audit the Consultant's cost records prior to authorizing the use of a
contingency amount. The Consultant shall establish a procedure for comparing the actual costs
incurred during the performance of the work to the estimated actual costs listed above.
The purpose is to monitor these two elements and thus provide for early identification of any potential
for the actual costs exceeding the estimated actual costs. If the Consultant exceeds the estimated
actual costs for any reason (other than that covered in Section 3.1.1.2.3) before the Contract
Administrator is notified in writing, the Owner will have the right, at its discretion, to deny the use of
the contingency amount.
The fixed fee amount will not be changed unless there is a substantial change in scope, character, or
complexity of the services covered by this Agreement or the time schedule is changed by the Owner.
Any change in the fixed fee amount will be made by a Supplemental Agreement or Extra Work Order.
The maximum amount payable under this Agreement is $671.285.00, which is the sum of the above
amounts. The maximum amount payable can not be exceeded except by Supplemental Agreement or
Extra Work Order if the Consultant establishes there is a substantial change in scope, character, or
complexity of the services covered by this Agreement, the Contract Administrator agrees, and the
Iowa DOT and FHWA (when applicable) concurs. If at any time it is determined that a maximum
amount payable will be or has been exceeded, the Consultant shall immediately so notify the Contract
Administrator in writing. The maximum amount payable may be increased by a Supplemental
Agreement or Extra Work Order, or this Agreement will be terminated, with the Owner having the right,
at its discretion, to terminate this Agreement without payment of the amount exceeding the maximum
amount payable. The Owner or the Iowa DOT may audit the Consultant's cost records prior to making
a decision whether or not to increase the maximum amount payable.
3.1.1.2 Reimbursable Costs. Reimbursable costs are the actual costs incurred by the Consultant which are
attributable to the specific work covered by this Agreement and allowable under the provisions of Title
48, Subchapter E., Part 30 (full cost accounting standards; when applicable), section 31.105 and
Subpart 31.2 of the current Federal Acquisition Regulation. These include the following:
1. Salaries of the employees for time directly chargeable to work covered by the Agreement, and
salaries of principals for time they are productively engaged in work necessary to fulfill the terms
of the Agreement.
Page 22 of 27
2. Direct non -salary costs incurred in fulfilling the terms of this Agreement. The Consultant will be
required to submit a detailed listing of direct non -salary costs incurred and certify that such costs
are not included in overhead expense pool. These costs may include travel and subsistence,
reproductions, computer charges and materials and supplies.
3. The indirect costs (salary related expenses and general overhead costs) to the extent that they
are properly allowable to the work covered by this Agreement. The Consultant has submitted to
the Owner the following indirect costs as percentages of direct salary costs to be used
provisionally for progress payments for work accomplished during the Consultant's current fiscal
year: Salary related expenses are 32.25% of direct salary costs and general overhead costs are
155.78% of direct salary costs. Use of updated overhead percentage rates shall be requested by
the Consultant after the close of each fiscal year and shall be used to update previous year
invoices and subsequent year as a provisional rate for invoicing in order to more accurately
reflect the cost of work during the previous and subsequent years. Any actual fiscal year or fiscal
year's audited or unaudited indirect costs rates known by the Consultant shall be used in
computing the final invoice statement. All unverified overhead rates shall have a schedule of
computation supporting the proposed rate attached to the final bill. Prior to final payment for work
completed under this Agreement all indirect cost rates shall be audited and adjusted to actual
rates through the most recently completed fiscal year during which the work was actually
accomplished. In the event that the work is completed in the current fiscal year, audited indirect
cost rates for the most recently completed fiscal year may be applied also to work accomplished
in the current fiscal year. If these new rates cause the estimated actual costs to be exceeded, the
contingency amount will be used.
3.1.1.3 Premium Overtime Pay. Premium overtime pay (pay over normal hourly pay) shall not exceed 2
percent of the total direct salary cost without written authorization.
3.1.1.4 Payments. Monthly payments shall be made based on the percentage of work completed and
substantiated by monthly progress reports. The report shall indicate the direct and indirect costs
associated with the work completed during the month. The Contract Administrator will check such
progress reports and payment will be made for the direct non -salary costs and salary and indirect costs
during said month, plus a portion of the fixed fee. The portion of the fixed fee to be paid will be in the
proportion of the actual work completed and documented on the monthly progress reports.
Upon delivery and acceptance of all work contemplated under this Agreement, the Consultant shall
submit one complete invoice statement of costs incurred and/or amounts earned. Payment of 100% of
the total cost claimed will be made upon receipt and review of such claim. Final audit will determine
correctness of all invoiced costs and final payment will be based upon this audit. The Consultant
agrees to reimburse the Owner for possible overpayment determined by final audit.
Page 23 of 27
L Direct Labor Cost
Employee Classification
ATTACHMENT C-1 - Supplemental Agreement No. 4
COST ANALYSIS SHEET
Hours Rate Amount
E6 - Project Manager 528 $44.00 $23,232.00
E4 - Project Engineer 1155 $31.50 36,382.50
El - Project Engineer 4 $24.75 99.00
LS2 - Land Surveyor 160 $32.25 5,160.00
LS1 - Land Surveyor 80 $30.25 2,420.00
T4 - Technician (Civil) 3207 $26.25 84,183.75
T4 - Technician (Survey) 851 $23.00 19,573.00
T3 - Technician 24 $21.00 504.00
A4 - Administration 8 $34.50 276.00
C3 - Clerical 81 $18.25 1,478.25
C2 - Clerical 16 $15.25 244.00
Direct Labor Total
6114 $173,552.50
II. Payroll Burden and Overhead Costs
Indirect Cost Factor (Overhead Rate) = 188.03%
Total Indirect Costs = $326,330.77
III. Direct Project Expenses
Quantity Rate Amount
Mileage (miles) 4060 $0.555 $2,253.30
Reproductions (each) 17800 $0.10 1,780.00
Postage (oz.) 500 $0.49 245.00
Stakes (each) 2500 $0.50 1,250.00
Other (Publication Fees) (ea.) 1 $500.00 500.00
Total Direct Expenses =
IV. Subconsultant Costs
Terracon Consultants, Inc. (Fixed Overhead Rate)
[DBE] Robinson Engineering Company (Fixed Overhead Rate)
Total Subconsultants =
$6,028.30
$40,792.00
$14,004.00
$54,796.00
V. Estimated Actual Costs (I + 11 + III + IV) = $560,708.00 (ROUNDED)
VI. Fixed Fee - Prime Only ( 12% of I + II) = $59,986.00 (ROUNDED)
VII. Contingency - Prime Only ( 10% of I + II + III) = $50,591.00 (ROUNDED)
VIII. Total Estimated Cost - Cost Plus Fixed Fee (V + VI + VII) = $671,285.00 *
(Maximum Amount Payable)
* Includes contingency amounts (Prime & Subconsultants) totaling $55,092.00
Total Initial Authorized Costs (Excluding All Contingency Amounts) = $616,193.00
Page 24 of 27
P:\G00412.10\Excel\G0004.12100 AMENT Fee Development (CRS) (Cost -Plus -Fixed Fee) (02-13-2014).xls\Ament Attachment C-1
ATTACHMENT H CONSULTANT FEE SCHEDULE (STAFF HOUR ESTIMATE)
Kimball Avenue Transportation Improvements Project - from Tower Park Dr to Acadia St
Construction -Related Services
Task for Construction Related Services
1 Project Management
A -D - Project Management
Total Hours (I)
II Public Involvement Plan
A -D - Public Involvement Plan
Total Hours (II)
III Construction Related Services
A - Construction Surveys
8 - Construction Administration
C - Construction Observation / Materials Testing
Total Hours (111)
Total Hours Per Job Classification and Total Hours
1181 1551 01 01 801 01 01 81 3211 393
118
155
0
0
80
0
0
8
32
393
41 231 41 01 01 01 21 01 3211 65
4
23
4
0
0
0
2
0
32
65
0
4
AMENT
0
(E7 -E6) (E5 -E4) (E3 -E1)
Sr. Proj. Proj. Dsgn.
Mngr. Engr. Engr.
(LSM)
Surv.
Suprv.
(LS2)
Surv.
(LS1)
Surv.
Intern
(T4 -T1) (A4 -A1) (C4 -C1)
Tech. Admin. Cler.
TOTAL
1181 1551 01 01 801 01 01 81 3211 393
118
155
0
0
80
0
0
8
32
393
41 231 41 01 01 01 21 01 3211 65
4
23
4
0
0
0
2
0
32
65
0
4
0
0
80
80
851
0
2
1017
276
648
0
0
0
0
124
0
31
1079
130
325
0
0
0
0
3105
0
0
3560
0
80
80 4080
0 33 5656
I 5281 11551 41 01 1601 801 40821 81 9711 61141
Page 25 of 27
I. Estimated Direct Labor Costs
Category
Attachment H-1 - Supplemental Agreement No. 4
CONSULTANT FEE SCHEDULE - Terracon Consultants, Inc.
Materials Testing and Plant Monitoring Services
Kimball Avenue Transportation Improvements Project
Hours Rate/Hour Amount
Technician
Senior Technician
CAD Drafter
Administration / Secretary
Field / Data Coordinator
Project Manager
Senior Project Manager
Principal Engineer
Plant Monitor
317.5 $15.10 $4,794
24 $18.57 $446
0 $17.42 $0
15 $17.99 $270
20 $25.74 $515
5 $31.77 $159
120 $37.49 $4,499
2 $51.79 $104
3/18/2014
Total Direct Labor Costs (Rounded)
503.5 $10,787
II. Payroll Burden and Overhead Costs
Indirect Cost Factor = 203.0% (Rounded) $21,898
Illa. Estimated Direct Project Expenses
Quantity Unit
Unit Cost Total Cost
Drill Rig 0 days $581.67 / Day $0
Coring equipment 0 days $100.00 / Day $0
Mileage 1500 miles $0.555 / Mile $833
Total Estimated Direct Project Expenses (Rounded) $833
Illb. Estimated Direct Third -Party Expenses
Meals and Accommodations (per diem) 0 Per Diem $120 / Day $0
Meals (per diem, meals only) 0 Meals Only $30 / Day $0
Consumable & Misc. Supplies At Cost $0
Other Third Party Expenses At Cost $0
Traffic Control - Signs At Cost $0
Traffic Control - Personnel At Cost $0 _
Total Estimated Direct Third -Party Expenses (Rounded) $0
IV. Estimated Actual Costs (I+II+IIIa+IIIb) $33,518
V. Fixed Fee (FF% x (1+11), Rounded)
Fixed Fee FF = 12% $3,922
VI. Total Cost plus Fixed Fee (IV+V) $37,440
VII. Contingency 10% x (I+II+IIIa+IIIb) $3,352
VIII. Maximum Amount Payable (IV+V+VII) $40,792
Page 26 of 27
ATTACHMENT 11-1 - Supplemental Agreement No. 4
CONSULTANT FEE SCHEDULE - Robinson Engineering Company
LOCATION Kimball Avenue Transportation Improvement Project
A. Person -Hour Estimate:
Date
03/03/14
TASK NO.
DESCRIPTION
PERSON -HOUR ESTIMATE
Senior
Eng. '14
Senior
Eng. '15
Senior
Eng. '16
Junior
Tech
Admin.
Total
Pre -Construction Conference
SWPPP Inspections
8
99
0
39
0
0
0
0
0
0
8
138
B. Labor Cost:
107 39 0
Rate
0
Senior Engineer 2014 107 X 24.00 = 2,568.00
Senior Engineer 2015 39 X 24.50 = 955.50
Senior Engineer 2016 0 X 25.00 = 0.00
Junior Technician 0 X 15.00 = 0.00
Administration 0 X 10.00 = 0.00
C. Overhead Labor:
D. Direct Project Cost:
11,488.66
E. Estimated Actual Cost rounded 11,489.00
0
146
3,523.50 3,523.50
@2.2322X 3,523.50 7,865.16
11,388.66
100.00
F. Fixed Fee: @ 12.00% of B + C = 1,367.00
12,856.00
G. Contingency: @ 10.00% of B + C + D = 1,149.00
H. Maximum Amount Payable: 14,005.00
Rounded $14,005.00
Page 27 of 27
IOWA DEPARTMENT OF TRANSPORTATION
DISTRICT2
APR 14 2014
MASON CITY, IA
CITY OF WATERLOO
DEPARTMENT OF ENGINEERING TRANSMITTAL
715 Mulberry Street Waterloo, IA 50703
DATE: May 15, 2014
TO: City Clerk's Office
Transmitted herewith are:
QUANTITY DESCRIPTION
Contract No. 843
PROJECT: FY 2014 Kimball Ave.
1 Agreement
Change Order
Contracts and Bonds
Engineering Contract
Maintenance Bond
Plans and Specifications
Punch List
TV Reports
Transportation Improvements
For your Action
For your Approval
For your Information
For your signature
Other
COMMENTS:
Per Your Request
Per our Conversation
For your review
X For your files
City Engineering Department
Cc: Larry Berns, Ament, Inc.
Pauline Closson, Engineering Dept.
File