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HomeMy WebLinkAboutAment Design-11/4/2013CITY OF WATERLOO 'Q4rrt- �{ See c;IrCS Council Communication City Council Meeting: November 4, 2013 Prepared: October 30, 2013 Dept. Head Signature: �~ (2Efre. # of Attachments: SUBJECT: Submitted by: Safe Routes To School Irving Elementary Traffic Signal Project at W 5th Street and Baltimore Street Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve Consultant Agreement for Engineering Services Summary Statement The contract has been reviewed by Iowa DOT. Traffic Signals will be installed at the intersection. There will be pedestrian signal heads with push buttons. Expenditure Required $92,000 Source of Funds: Safe Routes To School Federal Grant Policy Issue Alternative Background Information: West 5th is a one way wide arterial which has cause school crossing complaints. Our observation showed some small children were actually crossing at the location on their own, Signals are expected to help students on the south side of school cross. Signals, when red, will also help upstream crossing for students approaching from north. The signal will also make the intersections vehicular operation safer. Iowa DOT Project No. SRTS-U-8155(729)--8U-07 Owner Project No. TOF-211 Professional Services Agreement for Safe Routes to School Traffic Signal Project at West 5th Street & Baltimore Street This is an AGREEMENT, made as of twenty-first (21st) day of October in the year 2013 ; by and BETWEEN the City of Waterloo, Iowa, identified as the Owner; City of Waterloo City Hall 715 Mulberry Street Waterloo, IA 50703 [for Traffic Operations Department] 408 East 6th Street Waterloo, IA 50703 and the Consultant ; Ament Design 625 32nd Avenue SW Cedar Rapids, IA 52404 for the following Project: The Owner has decided to improve the West 5th Street / Baltimore Street intersection in Waterloo, Iowa in accordance with the current Statewide Transportation Improvement Program. It has been determined that the Owner shall proceed with the preparation of final design, 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 preliminary survey and engineering services in connection with the design and preparation of plans, specifications and estimates for the improvements and to provide construction engineering services in connection with the construction of the improvements. The Consultant is willing to perform such surveying and engineering work 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 26 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 B - Specifications Attachment C - Fees and Payments Attachment C-1 - Ament Design Standard Hourly Rate Schedule Attachment C-2 - Cost Analysis Sheet Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters Attachment E - Certification of Consultant Attachment F - Certification of Owner Attachment G - Sample Invoice Form Attachment H - Consultant Fee Schedule (Staff Hour Estimate) Page 2 of 26 ARTICLE 1 INITIAL INFORMATION 1.1 This Agreement is based on the following information and assumptions. Project Parameters The objective or use is: to increase the safety of schoolchildren and other pedestrians by constructing a new traffic signal installation at the West 5th Street / Baltimore Street intersection. 1.2 Financial Parameters 1.2.1 The financial parameters are; Amount of the Owner's budget for the Consultant's compensation is: Nineteen thousand one hundred and 00/100 dollars ($19,100.00) 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: Zero and 00/100 dollars ($0.00) 1.3 Project Team 1.3.1 The Owner's Designated Representative identified as the Contract Administrator is: Mohammad Elahi 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: Larry D. Berns, P.E. 1.3.3 The subconsultants retained at the Consultant's expense are: None 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 Preliminary design plans including type/size/location for all structures (preliminary design) [and detail elements for a design public hearing and construction right-of-way needs] shall be completed and accepted on or before January 31. 2014 or ninety (90) calendar days after receiving the notice to proceed (whichever is greater). 1.4.3 The Consultant shall not begin final design activities until after the Owner has been notified by the Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the Owner will provide the Consultant notice to proceed with final design activities. 1.4.4 Final design, contract plans and specifications and estimates shah be completed and accepted on or before February 28. 2014 or twenty (20) calendar days after receiving the notice to proceed with final design (whichever is greater). ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 2.1 Enumeration of Parts of the Agreement. This Agreement, including its attachments, represents the entire and integrated agreement between the Owner and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the Owner, Consultant, Iowa DOT, and the FHWA (if applicable). This Agreement comprises the documents listed below. 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 Attachment A. Page 3 of 26 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. In addition, applicable sections of the U.S. Department of Transportation Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications and estimates. 2.1.3 Other documents as follows: .1 Fees and Payments - Attachment C .2 Fees and Payments - Attachment C-1 - Ament Design Standard Hourly Rate Schedule .3 Fees and Payments - Attachment C-2 - Cost Analysis Sheet .4 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Attachment D .5 Certification of Consultant - Attachment E .6 Certification of Owner - Attachment F .7 Sample Invoice Form - Attachment G .8 Consultant Fee Schedule (Staff Hour Estimate) - Attachment H 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 Specific Rate of Compensation 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. Page 4 of 26 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 govem. 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. Page 5 of 26 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 Tess than thirty (30) days' written notice to the Consultant. 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 This Agreement will be considered completed when the construction of the project has progressed sufficiently to make it clear that the construction can be completed without further revisions in that work, or if the Consultant is released prior to such time by written notice from the Contract Administrator. 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, govemment 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. Page 6 of 26 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 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 Govemment 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 4.16.1.1.1The 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. Page 7 of 26 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 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 4.16.1.5.1 The 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 fumish 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. Page 8 of 26 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 lowa 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. 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 fumished, 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 govem 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. Page 9 of 26 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 Design Jimmy D. Rose, L.S. President City + aterloo, Igwa G �Date: !14 Date: Ernest G. "Buck" Clark Mayor Iowa Department of Transportation Accepted for FHWA Authorization* By: Date: Craig Markley Director Office of Systems Planning * 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. Page 10 of 26 ATTACHMENT A Scope of Services The CONSULTANT will provide surveying (if needed), engineering design and drafting services, and design supervision, and will assist the OWNER with the preparation of required documentation during the Project construction phase for the Project. The Project services will entail all or part of the services mentioned under this section titled SCOPE OF SERVICES. The scope of services to be performed by the CONSULTANT shall be completed in accordance with generally accepted standards of practice. Tasks may include, but are not limited to, the following general tasks: I. Project Management This task includes the development and tracking of the Project plan. Coordination with members of the Project team, including the OWNER and others such as the Iowa Department of Transportation (DOT), is an essential part of this task. The scheduling, notifying, and facilitating of team meetings is also included in this task. 1.- Project Team Kick -Off Meeting — This meeting shall include select members of the Project team (OWNER and CONSULTANT). The purpose of the meetings is to review the detailed Project plan including tasks, responsible individuals, and timing to complete the tasks; obtain Project information from the OWNER; and clarify design issues and requirements. 2.. Track Project Schedules — This task involves tracking the Project design schedule throughout the length of the, design services contract. This will be done to determine if the performance of the design services is in conformance with the Project schedule. If the Project is not on schedule, CONSULTANT will present an approach for bringing the Project back on schedule. 3. Monitor Project Scopes — This task involves monitoring the Project scope throughout the length of the design services contract. This will be done to identify needed services that are not included in the scope of the design services contract. CONSULTANT will make the OWNER representative aware of potential change orders to the design contract before the additional services are performed. 4. Project Review Meetings — This task involves attendance at Project review meetings with representatives of the OWNER. These meetings may be conducted via teleconference. The CONSULTANT will keep, prepare, and distribute minutes of meetings to attendees in a timely manner. II. Research and Data Collection 1. Horizontal Control Surveys — If requested by the OWNER, this item includes the establishment of temporary horizontal control points (typically, 30" -long, 1/2" -diameter metal rebar) within the Project corridor(s) prior to construction. GPS methods utilizing The Iowa Real Time Network (NAD 83 datum, Iowa North Zone State Plane Coordinates) will be used to establish the Project coordinate system. This task also includes the acquisition and documentation of reference ties for these horizontal control points. 2. Vertical Control Survey — If requested by the OWNER, this item includes the establishment of temporary benchmarks within the Project corridor on NAVD 88 datum, based on existing published OWNER benchmarks or other reliable vertical control points in the Project vicinity. This may include determining elevations of the temporary horizontal control points mentioned above. 3. Topographic Surveys — If requested by the OWNER, this item includes the field and office tasks to perform the research and field measurements to provide the necessary topographic information for the Project to supplement the survey data or mapping information already collected by the OWNER or others within the Project corridor in recent years. The information to be collected includes topography, visible permanent improvements and features, and utility markings placed as the result of an Iowa One Call Design Request. 4. Collection and Review of Base Information — This task includes the collection and review of Project base mapping obtained by the OWNER and provided to the CONSULTANT for use in development of the Project plans. The base mapping will be provided in either MicroStation or AutoCAD electronic file format to a scale of not smaller than 1" = 50' (for 11" x 17" half-size sheets) using OWNER standards for line types and symbols. Scales larger than this will be used as appropriate for the work involved. Page 11 of 26 III. Preliminary Design Plans Design Services — This task will include Project design by the CONSULTANT and direct supervision of some Project design development performed by the OWNER and the performance of the drafting tasks necessary to develop preliminary and check / final plans for the proposed improvements. 1. Verify Recommended Concept — This task includes a review of the conceptual design layout prepared by the OWNER for the proposed traffic signal location(s). 2. Photographic / Video Review of Project Corridor — This task includes the preparation of photographs and/or videotape of the Project locations obtained while walking and/or driving through the area. The purpose of this task is to provide for the efficient review of the locations during the design and/or design review process. It may include times of peak hour traffic, if applicable, and drainage during rainfall events, if applicable. 3. Preparation and Refinement of Base Information — If survey data is obtained by the CONSULTANT, this task includes the collection of the information of the research and data collection phase and the reduction of topographic survey data for the purpose of preparing Project drawings. The plan drawings will be prepared to a suitable scale (typically 1° = 50') (for 11" x 17" half-size sheets) using CONSULTANT standards for line types and symbols; Scales smaller or larger than this will be used as appropriate for the work involved. ,Certain base sheets may be prepared utilizing aerial photography obtained from the OWNER as a background, in lieu of topographic survey base mapping. 4. Review Design Standards — This task includes the review of the design standards applicable to the development of the Project. 5. Design Supervision and Plan / Details Review — This task includes the direct supervision of the design performed by the OWNER for the proposed improvements and review of the detailed plans, standard drawings, and special details prepared by the OWNER that document the proposed design. 6. Traffic Signal Design — This task includes the design and preparation of detailed plans for 1) the possible removal, relocation, or reconfiguration of an existing combination pole and mast arm assembly that is currently used to provide an overhead mounting for school speed limit sign assemblies with flashing beacons, and 2) the construction of an isolated, fully -actuated traffic signal installation at the Project intersection. [The Project intersection has no high speed approaches and will, therefore, not require dilemma zone protection.] Plans will include traffic signal layout, a wiring diagram, signal phasing and timings, loop detector and/or video detection areas, handhole, and base locations, and a summary of anticipated traffic signal quantities. The OWNER will assist the CONSULTANT with the research for and development of special provisions and special details for the use of an altemative, "environmentally - friendly" power supply for the traffic signal operation. 7. Quality Review of Draft Contract Documents — This task includes a review by the CONSULTANT regarding the quality of the CONSULTANT -prepared design and detailed plans and the OWNER - prepared Contract Documents, such as standard drawings, special details, specifications, special provisions, and bidding documents. The accuracy and completeness of the documents shall be scrutinized in order to minimize the need for modifications to the design. Any necessary modifications shall be discussed with and agreed to by the OWNER before being included in the documents following the quality review by the designer and prior to continuing to the next step. 8. Preliminary Plan Submittal — This item includes the submittal of the appropriate number of copies of the Preliminary Plans to the OWNER and to the Iowa DOT. IV. Check Plans / Final Plans A. Check / Final Plans — This item includes the addition of information to the Preliminary Plans and the incorporation of the Preliminary Plan review comments to more fully develop the contract documents. Page 12 of 26 1. Draft Special Details — If requested by the OWNER, this item includes the drafting of special Project details designed by the OWNER, if needed. 2. Addition of Text / Information to Drawings — This task includes the addition of information and text to the drawings in order to provide for the needed detailed location and dimension information. Information related to quality of workmanship and quality of materials shall be included in the Special Provisions, if needed. 3. Quality Review of Updated Contract Documents — This task includes a review by the CONSULTANT of the updated Contract Documents, such as standard drawings, special details, specifications, special provisions, and bidding documents, updated by the OWNER to reflect review comments received from the Iowa DOT. 4. Budget Review — This task includes the review of the quantities calculated by the OWNER and/or the CONSULTANT for the significant traffic signal bid items proposed for the Project locations and the cost opinion developed by the OWNER and/or the CONSULTANT using historical bid unit prices for comparable items. 5. Check / Final Plan Submittal - This item includes the submittal of the appropriate number of copies of the Check / Final Plans and Specifications and Special Provisions, if required, and Bidding Documents to the OWNER and the Iowa DOT. V. Construction Phase Services Construction Administration 1. Assist OWNER with Preparation of Project Documentation — This task includes assisting the OWNER with the preparation of construction phase Project documentation that is needed to satisfy Federal aid funding requirements. A total of up to twelve (12) hours of effort is anticipated for this task. Page 13 of 26 DELIVERABLES A. CONSULTANT Deliverables Deliverables may include, but are not limited to, the following general items: 1. Preliminary Plans Submittals: o One (1) set of: preliminary plans prepared by the CONSULTANT; o draft Specifications and/or Special Provisions prepared by the OWNER with review comments by the CONSULTANT; o one (1) copy of the draft Project cost opinion prepared by the CONSULTANT or one (1) copy of the draft Project cost opinionprepared by the OWNER with review comments by the CONSULTANT; and o draft bidding documents prepared by the OWNER with review comments by the CONSULTANT; along with o an accompanying transmittal letter or e-mail message to the OWNER and to the Iowa DOT, if requested by the OWNER. All submittals will be in PDF or Microsoft Word® or Microsoft Excel® file format via e-mail or CONSULTANT's ShareFile® software. 2. Final Plans Submittals: o One (1) set of: reproducible final plans without original signatures prepared by the CONSULTANT; o one (1) signed and sealed copy of the final plan set Title Sheet with original signatures prepared by the CONSULTANT; along with o an accompanying transmittal letter or e-mail message to the OWNER and to the Iowa DOT, if requested by the OWNER. The OWNER will finalize the electronic copy of each Specifications and/or Special Provisions document, if any; the electronic copy of the final Contract Documents; and the final Project cost opinion, if prepared by the OWNER. All submittals will be in PDF file format via e-mail or CONSULTANT's ShareFile® software. Review comments on the Specifications and Special Provisions documents may be submitted in Microsoft Word® file format. Review comments on the Project cost opinion may be submitted in Microsoft Excel® file format. 3. Construction Phase Submittals: o Mark-ups of construction phase documents submitted to CONSULTANT by OWNER for assistance in preparing; Page 14 of 26 ATTACHMENT B Specifications City of Waterloo Traffic Operations Department specifications for traffic signals will be used. Page 15 of 26 ATTACHMENT C (referenced from 3.1) Fees and Payments - Specific Rate of Compensation 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 not to exceed the maximum amount payable under this Agreement of $ 19,100.00 . The maximum amount payable will not be changed unless there is a substantial change in the magnitude, scope, character, or complexity of the services from those covered in this Agreement. Any change in the maximum amount payable will be by Supplemental Agreement. The current schedule of billing rates (direct labor rate, overhead, and fixed fee) are set forth in the following rate schedule. The Consultant may submit for approval a revised rate schedule once during the contract period. This revision may include a revised overhead rate and revised direct labor rates. The revised rate schedule should be submitted to the Contract Administrator for approval. Upon the Contract Administrator's written approval and concurrence by the Iowa DOT and the FHWA (when applicable) it shall become a part of this Agreement. 3.1.1.2 Reimbursable Costs., The Consultant shall be reimbursed for direct non -salary costs, which are directly attributable and properly allocable to the work. 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 the overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges, and materials and supplies. Reimbursement of costs is limited to those that are allowable under the provisions of Title 48, Subchapter E, Section 31.105 and Subpart 31.2 of the current Federal Acquisition Regulation. 3.1.1.3 Premium Overtime Pay. Not applicable. 3.1.1.4 Payments. Monthly payments for work completed shall be based on the services completed at the time of the billing and substantiated by monthly progress reports in a form that follows the specific rate schedule. The Contract Administrator will check such progress reports and payment will be made for the hours completed at each rate and for direct non -salary costs incurred during said month. Upon completion, 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. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 16 of 26 Engineer 1 Engineer 2 Engineer 3 Engineer 4 Engineer 5 Engineer 6 Engineer 7 Engineer 8 Architect 1 Architect 2 Architect 3 Senior Architect Technician 1 Technician 2 Technician 3 Technician 4 Technician 5 Interior Designer 1 Interior Designer 2 Interior Designer 3 ATTACHMENT C-1 - Base Agreement AMENT DESIGN STANDARD HOURLY RATES Effective 07/01/2013 $90.00 95.00 105.00 115.00 140.00 150.00 180.00 0.00 75.00 105.00 120.00 160.00 60.00 70.00 80.00 90.00 95.00 65.00 80.00 100.00 Administrative 1 Administrative 2 Administrative 3 Administrative 4 Clerical 1 Clerical 2 Clerical 3 Clerical 4 LS - Intem LS -1 LS -2 LS -3 LS Manager Designer 1 Designer 2 Designer 3 Designer 4 Direct Costs: Mileage Currently at $0.565 / mi Bond Copies (per square foot) 0.40 / ea Copies (per copy) 0.30 / ea Postage Currently at 0.46 / oz GPS Equipment 50.00 / hr Ground-based LIDAR 1000.00 / day Other direct reimbursable costs will be billed at cost plus 15%. Page 17 of 26 $85.00 100.00 115.00 120.00 50.00 55.00 70.00 80.00 90.00 105.00 115.00 135.00 160.00 65.00 80.00 100.00 110.00 L Direct Labor Cost Employee Classification ATTACHMENT C-2 - Base Agreement COST ANALYSIS SHEET Hours Rate Amount E6 - Project Manager 60 $150.00 $9,000.00 E4 - Project Engineer 24 $115.00 2,760.00 El - Project Engineer 0 $90.00 0.00 LSM - Land Surveyor Manager 0 $160.00 0.00 LS2 - Land Surveyor 6 $115.00 690.00 LSI - Land Surveyor Intern 2 $90.00 180.00 T4 - Technician 64 $90.00 5,760.00 T3 - Technician 0 $80.00 0.00 A3 - Administration i 2 $115.00 230.00 C3 - Clerical ) 1 $70.00 70.00 Direct Labor Total ) 159 $18,690.00 II. Direct Project Expenses Quantity Rate Amount Mileage (miles) : ) Reproductions (each) ) Postage (oz.) GPS Equipment (hours) Ground -Based LiDAR (days) 240 $0.565 232.67 $0.30 10 $0.46 4 $50.00 0 $1,000.00 $135.60 69.80 4.60 200.00 0.00 Total Direct Expenses = $410.00 III. Subconsultant Costs NONE $0.00 Total Subconsultants = $0.00 IV. Total Estimated Cost - Specific Rate of Comp. (I + 1I + III) = $19,100.00 (Maximum Amount Payable) Preliminary Engineering (PE) Subtotal = Construction Engineering (CE) Subtotal = Total = Page 18 of 26 $17,600.00 $1,500.00 $19,100.00 ATTACHMENT D Certification Regarding Debarment, Suspension, and other Responsibility Matters — Primary Covered Transactions Instructions for Certification By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 1. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish .a certification or an explanation shall disqualify such person from participation in this transaction. 2. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govemment, the department or agency may terminate this transaction for cause of default. 3. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person" "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the definitions and coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 6. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, the department or agency may terminate this transaction for cause or default. Page 19 of 26 Certification Regarding Debarment, Suspension, and other Responsibility Matters — Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State Antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. State of Iowa Black Hawk County I Jimmy D. Rose, L.S., President of Ament Design, being duly swom (or under penalty of perjury under the laws of the United States and the State of Iowa) do hereby certify that the above statements are true and correct. (signature) Subscribed and sworn to this day of Page 20 of 26 ATTACHMENT E Certification of Consultant I hereby certify that I, Jimmy D. Rose, L.S., am the President and duly authorized representative of the firm of Ament Design, whose address is 625 32nd Avenue SW, Cedar Rapids, Iowa 52404, and that neither I nor the above firrn here represented has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant) to solicit or secure this contract, (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. (signature) Made this day of Page 21 of 26 ATTACHMENT F Certification of Owner I hereby certify that I, Ernest G. "Buck" Clark, am the Mayor and the duly authorized representative of the Owner, and that the above consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is to be fumished the Iowa DOT and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (signature) Made this day of OU .mb r , c Cil3 . Page 22 of 26 Consultant Name Consultant Address Consultant Address Invoice No. Invoice Period Covered Consultant Job No. ATTACHMENT G Page 3 Specific Rate Final Invoice Date Client Project No. County Client Project Description Client Contract No. Contract Cumulative Current Estimate To Date Period Labor Dollars (2002) Labor Dollars (2001) Labor Dollars (2000) Labor Dollars (1999) Direct Expenses Mileage Per Diem CADD Subconsultants (including authorized contingency) Name Name Name Total Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours (2002) Labor Hours (2001) Labor Hours (2000) Labor Hours (1999) Page 23 of 26 ATTACHMENT G Page 4 Specific Rate Final Invoice Instructions Employee Labor Hours and Dollars: A final cumulative job cost report that shows a breakdown of labor by fiscal year, employee name, employee labor hours and employee labor rate is required. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Direct Expenses: A final cumulative job cost report that shows a breakdown of direct expenses by specific item (mileage, CADD, per diem, etc...'.) by fiscal year is required. Direct expense items charged should identify the number of units (miles, hours, prints, copies, feet, etc....) and the rate applied by fiscal year. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Subconsultant: Final invoice requirements for subconsultants with specific rate contracts are the same as the requirements for the prime consultant. It is the prime consultant's responsibility to assure such an invoice is acquired and attached to the prime's final invoice. Page 24 of 26 Consultant Name Consultant Address Consultant Address Invoice No. Invoice Period Covered Consultant Job No. ATTACHMENT G Page 7 Specific Rate Progressive Invoice Date Client Project No. County Client Project Description Client Contract No. Contract Cumulative Current Estimate To Date Period Labor Dollars Direct Expenses Mileage Per Diem CADD Subconsultants (including authorized contingency) Name Name Name Total Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours Page 25 of 26 ATTACHMENT H CONSULTANT FEE SCHEDULE (STAFF HOUR ESTIMATE) 2014 SRTS Traffic Signal Project at West 5th Street & Baltimore Street Design and Construction Related Services Task for Design Related Services I Protect Management Total Hours (1) II Research and Data Collection Topographic Surveys & Base Mapping Design Research and Data Collection Total Hours (II) III Preliminary Roadway Design and Plans Total Hours (III) IV Check Plan and Final Plans Total Hours (IV) V Construction Phase Services Assistance with Construction Administration Documentation Total Hours (V) Total Hours Per Job Classification and Total Hours 161 01 01 01 01 01 01 21 111 19 16 0 0 0 0 0 0 2 1 19 0 0 0 0 6 2 16 0 0 24 6 0 0 0 0 0 0 0 0 6 6 0 0 0 6 2 16 0 0 30 171 241 01 01 01 01 431 01 011 84 17 24 0 0 0 0 43 0 0 84 111 01 01 01 01 01 51 01 011 16 11 0 0 0 0 0 5 0 0 16 101 01 of 01 01 01 01 01 011 10 )10 0 0 0 0 0 0 10 601 241 01 01 61 21 641 21 111 159 Page 26 of 26 AMENT (E8 -E6) (E5 -E4) (E3 -E1) Sr. Proj. Proj. Dsgn. Mngr. Engr. Engr. (LS) Surv. Suprv. (LS2) Surv. (LSIT) Surv. Intern (T4 -T1) (A4 -A1) (C4 -C1) Tech. Admin. Cler. TOTAL 161 01 01 01 01 01 01 21 111 19 16 0 0 0 0 0 0 2 1 19 0 0 0 0 6 2 16 0 0 24 6 0 0 0 0 0 0 0 0 6 6 0 0 0 6 2 16 0 0 30 171 241 01 01 01 01 431 01 011 84 17 24 0 0 0 0 43 0 0 84 111 01 01 01 01 01 51 01 011 16 11 0 0 0 0 0 5 0 0 16 101 01 of 01 01 01 01 01 011 10 )10 0 0 0 0 0 0 10 601 241 01 01 61 21 641 21 111 159 Page 26 of 26 Iowa DOT Project No. SRTS-U-8155(729)--8U-07 Owner Project No. TOF-211 Professional Services Agreement for Safe Routes to School Traffic Signal Project at West 5th Street & Baltimore Street This is an AGREEMENT, made as of twenty-first (21st) day of October in the year 2013 ; by and BETWEEN the City of Waterloo, Iowa, identified as the Owner; City of Waterloo City Hall 715 Mulberry Street Waterloo, IA 50703 [for Traffic Operations Department] 408 East 6th Street Waterloo, IA 50703 and the Consultant ; Ament Design 625 32nd Avenue SW Cedar Rapids, IA 52404 for the following Project: The Owner has decided to improve the West 5th Street / Baltimore Street intersection in Waterloo, Iowa in accordance with the current Statewide Transportation Improvement Program. It has been determined that the Owner shall proceed with the preparation of final design, 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 preliminary survey and engineering services in connection with the design and preparation of plans, specifications and estimates for the improvements and to provide construction engineering services in connection with the construction of the improvements. The Consultant is willing to perform such surveying and engineering work 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 26 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 Attachment13 - Specifications Attachment C - Fees and Payments Attachment C-1 - Ament Design Standard Hourly Rate Schedule Attachment C-2 - Cost Analysis Sheet Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters Attachment E - Certification of Consultant Attachment F - Certification of Owner Attachment G - Sample Invoice Form Attachment H - Consultant Fee Schedule (Staff Hour Estimate) Page 2 of 26 ARTICLE 1 INITIAL INFORMATION 1.1 This Agreement is based on the following information and assumptions. Project Parameters The objective or use is: to increase the safety of schoolchildren and other pedestrians by constructing a new traffic signal installation at the West 5th Street / Baltimore Street intersection. 1.2 Financial Parameters 1.2.1 The financial parameters are; Amount of the Owner's budget for the Consultant's compensation is: Nineteen thousand one hundred and 00/100 dollars ($19,100.00) 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: Zero and 00/100 dollars ($0.00) 1.3 Project Team 1.3.1 The Owner's Designated Representative identified as the Contract Administrator is: Mohammad Elahi 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: Larry D. Bems, P.E. 1.3.3 The subconsultants retained at the Consultant's expense are: None 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 Preliminary design plans including type/size/location for all structures (preliminary design) [and detail elements for a design public hearing and construction right-of-way needs] shall be completed and accepted on or before January 31. 2014 or ninety (90) calendar days after receiving the notice to proceed (whichever is greater). 1.4.3 The Consultant shall not begin final design activities until after the Owner has been notified by the Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the Owner will provide the Consultant notice to proceed with final design activities. 1.4.4 Final design, contract plans and specifications and estimates shall be completed and accepted on or before February 28, 2014 or twenty (20) calendar days after receiving the notice to proceed with final design (whichever is greater). ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 2.1 Enumeration of Parts of the Agreement. This Agreement, including its attachments, represents the entire and integrated agreement between the Owner and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the Owner, Consultant, Iowa DOT, and the FHWA (if applicable). This Agreement comprises the documents listed below. 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 Attachment A. Page 3 of 26 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. In addition, applicable sections of the U.S. Department of Transportation Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications and estimates. 2.1.3 Other documents as follows: .1 Fees and Payments - Attachment C .2 Fees and Payments - Attachment C-1 - Ament Design Standard Hourly Rate Schedule .3 Fees and Payments - Attachment C-2 - Cost Analysis Sheet .4 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Attachment D .5 Certification of Consultant - Attachment E .6 Certification of Owner - Attachment F .7 Sample Invoice Form - Attachment G .8 Consultant Fee Schedule (Staff Hour Estimate) - Attachment H 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 Specific Rate of Compensation 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. Page 4 of 26 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 govem. 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 orreviewingagencies, 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 fumish 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. Page 5 of 26 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. 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 This Agreement will be considered completed when the construction of the project has progressed sufficiently to make it clear that the construction can be completed without further revisions in that work, or if the Consultant is released prior to such time by written notice from the Contract Administrator. 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, govemment 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. Page 6 of 26 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 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 Govemment 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. Page 7 of 26 4.16.1.2 Nondiscrimination 4.16.1.2.1 The 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 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 Consultantwill 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. Page 8 of 26 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. 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 fumished, 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 govem 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. Page 9 of 26 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 Design Jimmy D. Rose, L.S. President City aterloo�1� ova Emest G. "Buck" Clark Mayor :a Iowa Department of Transportation Accepted for FHWA Authorization* Date: Date: By: Date: Craig Markley Director Office of Systems Planning * 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. Page 10 of 26 ATTACHMENT A Scope of Services The CONSULTANT will provide surveying (if needed), engineering design and drafting services, and design supervision, and will assist the OWNER with the preparation of required documentation during the Project construction phase for the Project. The Project services will entail all or part of the services mentioned under this section titled SCOPE OF SERVICES. The scope of services to be performed by the CONSULTANT shall be completed in accordance with generally accepted standards of practice. Tasks may include, but are not limited to, the following general tasks: I. Project Management This task includes the development and tracking of the Project plan. Coordination with members of the Project team, including the OWNER and others such as the Iowa Department of Transportation (DOT), is an essential part of this task. The scheduling, notifying, and facilitating of team meetings is also included in this task. 1. Project Team Kick -Off Meeting - This meeting shall include select members of the Project team (OWNER and CONSULTANT). The purpose of the meetings is to review the detailed Project plan including tasks, responsible individuals, and timing to complete the tasks; obtain Project information from the OWNER; and clarify design issues and requirements. 2. Track Project Schedules - This task involves tracking the Project design schedule throughout the length of the, design services contract. This will be done to determine if the performance of the design services is in conformance with the Project schedule. If the Project is not on schedule, CONSULTANT will present an approach for bringing the Project back on schedule. 3. Monitor Project Scopes — This task involves monitoring the Project scope throughout the length of the design services contract. This will be done to identify needed services that are not included in the scope of the design services contract. ,CONSULTANT will make the OWNER representative aware of potential change orders to the design contract before the additional services are performed. 4. Project Review Meetings — This task involves attendance at Project review meetings with representatives of the OWNER. These meetings may be conducted via teleconference. The CONSULTANT will keep, prepare, and distribute minutes of meetings to attendees in a timely manner. II. Research and Data Collection 1. Horizontal Control Surveys — If requested by the OWNER, this item includes the establishment of temporary horizontal control points (typically, 30" -long, 1/2" -diameter metal rebar) within the Project corridor(s) prior to construction. GPS methods utilizing The Iowa Real Time Network (NAD 83 datum, Iowa North Zone State Plane Coordinates) will be used to establish the Project coordinate system. This task also includes the acquisition and documentation of reference ties for these horizontal control points. 2. Vertical Control Survey — If requested by the OWNER, this item includes the establishment of temporary benchmarks within the Project corridor on NAVD 88 datum, based on existing published OWNER benchmarks or other reliable vertical control points in the Project vicinity. This may include determining elevations of the temporary horizontal control points mentioned above. 3. Topographic Surveys — If requested by the OWNER, this item includes the field and office tasks to perform the research and field measurements to provide the necessary topographic information for the Project to supplement the survey data or mapping information already collected by the OWNER or others within the Project corridor in recent years. The information to be collected includes topography, visible permanent improvements and features, and utility markings placed as the result of an Iowa One Call Design Request. 4. Collection and Review of Base Information — This task includes the collection and review of Project base mapping obtained by the OWNER and provided to the CONSULTANT for use in development of the Project plans. The base mapping will be provided in either MicroStation or AutoCAD electronic file format to a scale of not smaller than 1" = 50' (for 11" x 17" half-size sheets) using OWNER standards for line types and symbols. Scales larger than this will be used as appropriate for the work involved. Page 11 of 26 III. Preliminary Design Plans Design Services — This task will include Project design by the CONSULTANT and direct supervision of some Project design development performed by the OWNER and the performance of the drafting tasks necessary to develop preliminary and check / final plans for the proposed improvements. 1. Verify Recommended Concept — This task includes a review of the conceptual design layout prepared by the OWNER for the proposed traffic signal location(s). 2. Photographic / Video Review of Project Corridor — This task includes the preparation of photographs and/or videotape of the Project locations obtained while walking and/or driving through the area. The purpose of this task is to provide for the efficient review of the locations during the design and/or design review process. It may include times of peak hour traffic, if applicable, and drainage during rainfall events, if applicable. 3. Preparation and Refinement of Base Information — If survey data is obtained by the CONSULTANT, this task includes the collection of the information of the research and data collection phase and the reduction of topographic survey data, for the purpose of preparing Project drawings. The plan drawings will be prepared to a suitable scale (typically 1" = 50') (for 11" x 17" half-size sheets) using CONSULTANT standards for line types and symbols, Scales smaller or larger than this will be used as appropriate for the work involved. Certain base sheets may be prepared utilizing aerial photography obtained from the OWNER as a background, in lieu of topographic survey base mapping. 4. Review Design Standards — This task includes the review of the design standards applicable to the development of the Project. 5. Design Supervision and Plan / Details Review — This task includes the direct supervision of the design performed by the OWNER, for the proposed improvements and review of the detailed plans, standard drawings, and special details prepared by the OWNER that document the proposed design. 6. Traffic Signal Design — This task includes the design and preparation of detailed plans for 1) the possible removal, relocation, or reconfiguration of an existing combination pole and mast arm assembly that is currently used to provide an overhead mounting for school speed limit sign assemblies with flashing beacons, and 2) the construction of an isolated, fully -actuated traffic signal installation at the Project intersection. [The Project intersection has no high speed approaches and will, therefore, not require dilemma zone protection.] Plans will include traffic signal layout, a wiring diagram, signal phasing and timings, loop detector and/or video detection areas, handhole, and base locations, and a summary of anticipated traffic signal quantities. The OWNER will assist the CONSULTANT with the research for and development of special provisions and special details for the use of an altemative, "environmentally - friendly" power supply for the traffic signal operation. 7. Quality Review of Draft Contract Documents — This task includes a review by the CONSULTANT regarding the quality of the CONSULTANT -prepared design and detailed plans and the OWNER - prepared Contract Documents, such as standard drawings, special details, specifications, special provisions, and bidding documents. The accuracy and completeness of the documents shall be scrutinized in order to minimize the need for modifications to the design. Any necessary modifications shall be discussed with and agreed to by the OWNER before being included in the documents following the quality review by the designer and prior to continuing to the next step. 8. Preliminary Plan Submittal — This item includes the submittal of the appropriate number of copies of the Preliminary Plans to the OWNER and to the Iowa DOT. IV. Check Plans / Final Plans A. Check / Final Plans — This item includes the addition of information to the Preliminary Plans and the incorporation of the Preliminary Plan review comments to more fully develop the contract documents. Page 12 of 26 1. Draft Special Details — If requested by the OWNER, this item includes the drafting of special Project details designed by the OWNER, if needed. 2. Addition of Text / Information to Drawings — This task includes the addition of information and text to the drawings in order to provide for the needed detailed location and dimension information. Information related to quality of workmanship and quality of materials shall be included in the Special Provisions, if needed. 3. Quality Review of Updated Contract Documents — This task includes a review by the CONSULTANT of the updated Contract Documents, such as standard drawings, special details, specifications, special provisions, and bidding documents, updated by the OWNER to reflect review comments received from the Iowa DOT. 4. Budget Review — This task includes the review of the quantities calculated by the OWNER and/or the CONSULTANT for the significant traffic signal bid items proposed for the Project locations and the cost opinion developed by the OWNER and/or the CONSULTANT using historical bid unit prices for comparable items. 5. Check / Final Plan Submittal - This item includes the submittal of the appropriate number of copies of the Check / Final Plans and Specifications and Special Provisions, if required, and Bidding Documents to the OWNER and the Iowa DOT. V. Construction Phase Services Construction Administration 1. Assist OWNER with Preparation of Project Documentation — This task includes assisting the OWNER with the preparation of construction phase Project documentation that is needed to satisfy Federal aid funding requirements. A total of up to twelve (12) hours of effort is anticipated for this task. Page 13 of 26 DELIVERABLES A. CONSULTANT Deliverables Deliverables may include, but are not limited to, the following general items: 1. Preliminary Plans Submittals: o One (1) set of: preliminary plans prepared by the CONSULTANT; o draft Specifications and/or Special Provisions prepared by the OWNER with review comments by the CONSULTANT; o one (1) copy of the draft Project cost opinion prepared by the CONSULTANT or one (1) copy of the draft Project cost opinion prepared by the OWNER with review comments by the CONSULTANT; and o draft bidding documents prepared by the OWNER with review comments by the CONSULTANT; along with o an accompanying transmittal letter or e-mail message to the OWNER and to the Iowa DOT, if requested by the OWNER. All submittals will be in PDF or Microsoft Word® or Microsoft Excel® file format via e-mail or CONSULTANT's ShareFile® software. 2. Final Plans Submittals: o One (1) set of: reproducible final plans without original signatures prepared by the CONSULTANT; o one (1) signed and sealed copy of the final plan set Title Sheet with original signatures prepared by the CONSULTANT; along with o an accompanying transmittal letter or e-mail message to the OWNER and to the Iowa DOT, if requested by the OWNER. The OWNER will finalize the electronic copy of each Specifications and/or Special Provisions document, if any; the electronic copy of the final Contract Documents; and the final Project cost opinion, if prepared by the OWNER. All submittals will be in PDF file format via e-mail or CONSULTANT's ShareFile® software. Review comments on the Specifications and Special Provisions documents may be submitted in Microsoft Word® file format. Review comments on the Project cost opinion may be submitted in Microsoft Excel® file format. 3. Construction Phase Submittals: o Mark-ups of construction phase documents submitted to CONSULTANT by OWNER for assistance in preparing; Page 14 of 26 ATTACHMENT B Specifications City of Waterloo Traffic Operations Department specifications for traffic signals will be used. Page 15 of 26 ATTACHMENT C (referenced from 3.1) Fees and Payments - Specific Rate of Compensation 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 not to exceed the maximum amount payable under this Agreement of $ 19,100.00 . The maximum amount payable will not be changed unless there is a substantial change in the magnitude, scope, character, or complexity of the services from those covered in this Agreement. Any change in the maximum amount payable will be by Supplemental Agreement. The current schedule of billing rates (direct labor rate, overhead, and fixed fee) are set forth in the following rate schedule. The Consultant may submit for approval a revised rate schedule once during the contract period. This revision may include a revised overhead rate and revised direct labor rates. The revised rate schedule should be submitted to the Contract Administrator for approval. Upon the Contract Administrator's written approval and concurrence by the Iowa DOT and the FHWA (when applicable) it shall become a part of this Agreement. 3.1.1.2 Reimbursable Costs., The Consultant shall be reimbursed for direct non -salary costs, which are directly attributable and properly allocable to the work. 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 the overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges, and materials and supplies. Reimbursement of costs is limited to those that are allowable under the provisions of Title 48, Subchapter E, Section 31.105 and Subpart 31.2 of the current Federal Acquisition Regulation. 3.1.1.3 Premium Overtime Pay. Not applicable. 3.1.1.4 Payments. Monthly payments for work completed shall be based on the services completed at the time of the billing and substantiatedby monthly progress reports in a form that follows the specific rate schedule. The Contract Administrator will check such progress reports and payment will be made for the hours completed at each rate and for direct non -salary costs incurred during said month. Upon completion, 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. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 16 of 26 Engineer 1 Engineer 2 Engineer 3 Engineer 4 Engineer 5 Engineer 6 Engineer 7 Engineer 8 Architect 1 Architect 2 Architect 3 Senior Architect Technician 1 Technician 2 Technician 3 Technician 4 Technician 5 Interior Designer 1 Interior Designer 2 Interior Designer 3 ATTACHMENT C-1 - Base Agreement AMENT DESIGN STANDARD HOURLY RATES Effective 07/01/2013 $90.00 95.00 105.00 115.00 140.00 150.00 180.00 0.00 75.00 105.00 120.00 160.00 60.00 70.00 ) 80.00 90.00 95.00 65.00 80.00 100.00 Administrative 1 Administrative 2 Administrative 3 Administrative 4 Clerical 1 Clerical 2 Clerical 3 Clerical 4 LS - Intern LS -1 LS -2 LS -3 LS Manager Designer 1 Designer 2 Designer 3 Designer 4 Direct Costs: Mileage Currently at $0.565 / mi Bond Copies (per square foot) 0.40 / ea Copies (per copy) 0.30 / ea Postage Currently at 0.46 / oz GPS Equipment 50.00 / hr Ground-based LIDAR 1000.00 / day Other direct reimbursable costs will be billed at cost plus 15%. Page 17 of 26 $85.00 100.00 115.00 120.00 50.00 55.00 70.00 80.00 90.00 105.00 115.00 135.00 160.00 65.00 80.00 100.00 110.00 I. Direct Labor Cost Employee Classification ATTACHMENT C-2 - Base Agreement COST ANALYSIS SHEET Hours Rate Amount E6 - Project Manager 60 $150.00 $9,000.00 E4 - Project Engineer 24 $115.00 2,760.00 El - Project Engineer 0 $90.00 0.00 LSM - Land Surveyor Manager 0 $160.00 0.00 LS2 - Land Surveyor 6 $115.00 690.00 LSI - Land Surveyor Intern 2 $90.00 180.00 T4 - Technician , , 64 $90.00 5,760.00 T3 - Technician 0 $80.00 0.00 A3 - Administration 2 $115.00 230.00 C3 - Clerical 1 $70.00 70.00 Direct Labor Total 159 $18,690.00 II. Direct Project Expenses Quantity Rate Amount Mileage (miles) Reproductions (each) Postage (oz.) GPS Equipment (hours) Ground -Based LiDAR (days) 240 $0.565 232.67 $0.30 10 $0.46 4 $50.00 0 $1,000.00 $135.60 69.80 4.60 200.00 0.00 Total Direct Expenses = $410.00 III. Subconsultant Costs NONE $0.00 Total Subconsultants = $0.00 IV. Total Estimated Cost - Specific Rate of Comp. (I + II + III) = $19,100.00 (Maximum Amount Payable) Preliminary Engineering (PE) Subtotal = Construction Engineering (CE) Subtotal = Total = Page 18 of 26 $17,600.00 $1,500.00 $19,100.00 ATTACHMENT D Certification Regarding Debarment, Suspension, and other Responsibility Matters — Primary Covered Transactions Instructions for Certification By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 1. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to fumish.a certification or an explanation shall disqualify such person from participation in this transaction. 2. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govemment, the department or agency may terminate this transaction for cause of default. 3. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person" "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the definitions and coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 6. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, the department or agency may terminate this transaction for cause or default. Page 19 of 26 Certification Regarding Debarment, Suspension, and other Responsibility Matters — Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State Antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. State of Iowa Black Hawk County I Jimmy D. Rose, L.S., President of Ament Design, being duly swom (or under penalty of perjury under the laws of the United States and the State of Iowa) do hereby certify that the above statements are true and correct. (signature) Subscribed and swom to this day of Page 20 of 26 ATTACHMENT E Certification of Consultant I hereby certify that I, Jimmy D. Rose, L.S., am the President and duly authorized representative of the firm of Ament Design, whose address is 625 32nd Avenue SW, Cedar Rapids, Iowa 52404, and that neither I nor the above firm here represented has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant) to solicit or secure this contract, (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge that this certificate is to be fumished to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. (signature) Made this day of Page 21 of 26 ATTACHMENT F Certification of Owner I hereby certify that I, Emest G. "Buck" Clark, am the Mayor and the duly authorized representative of the Owner, and that the above consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is to be fumished the Iowa DOT and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, an is subject to applicable State and Federal laws, both criminal and civil. (signature) Made thisLel day of khv triter c O13 . Page 22 of 26 Consultant Name Consultant Address Consultant Address Invoice No. Invoice Period Covered Consultant Job No. ATTACHMENT G Page 3 Specific Rate Final Invoice Date Client Project No. County Client Project Description Client Contract No. Contract Cumulative Current Estimate To Date Period Labor Dollars (2002) Labor Dollars (2001) Labor Dollars (2000) Labor Dollars (1999) Direct Expenses Mileage Per Diem CADD Subconsultants (including authorized contingency) Name Name Name Total Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours (2002) Labor Hours (2001) Labor Hours (2000) Labor Hours (1999) Page 23 of 26 ATTACHMENT G Page 4 Specific Rate Final Invoice Instructions Employee Labor Hours and Dollars: A final cumulative job cost report that shows a breakdown of labor by fiscal year, employee name, employee labor hours and employee labor rate is required. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Direct Expenses: A final cumulative job cost report that shows a breakdown of direct expenses by specific item (mileage, CADD, per diem, etc....) by fiscal year is required. Direct expense items charged should identify the number of units (miles, hours, prints, copies, feet, etc....) and the rate applied by fiscal year. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Subconsultant: Final invoice requirements for subconsultants with specific rate contracts are the same as the requirements, for the prime consultant. It is the prime consultant's responsibility to assure such an invoice is acquired and attached to the prime's final invoice. Page 24 of 26 Consultant Name Consultant Address Consultant Address Invoice No. Invoice Period Covered Consultant Job No. ATTACHMENT G Page 7 Specific Rate Progressive Invoice Date Client Project No. County Client Project Description Client Contract No. Contract Cumulative Current Estimate To Date Period Labor Dollars Direct Expenses Mileage Per Diem CADD Subconsultants (including authorized contingency) Name Name Name Total Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours Page 25 of 26 ATTACHMENT H CONSULTANT FEE SCHEDULE (STAFF HOUR ESTIMATE) 2014 SRTS Traffic Signal Project at West 5th Street & Baltimore Street Design and Construction Related Services Task for Design Related Services I Project Management Total Hours (I) II Research and Data Collection Topographic Surveys & Base Mapping Design Research and Data Collection Total Hours (II) III Preliminary Roadway Design and Plans Total Hours (III) IV Check Plan and Final Plans Total Hours (IV) V Construction Phase Services Assistance with Construction Administration Documentation Total Hours (V) Total Hours Per Job Classification and Total Hours 161 01 01 01 01 01 01 21 111 19 16 0 0 0 0 0 0 2 1 19 0 0 0 0 6 2 16 0 0 24 6 0 0 0 0 0 0 0 0 6 6 0 0 0 6 2 16 0 0 30 171 241 01 01 01 01 431 01 011 84 17 24 0 0 0 0 43 0 0 84 111 01 01 01 01 01 51 01 011 18 ;11 0 0 0 0 0 5 0 0 16 10l 01 01 01 01 01 01 011 10 i10 0 0 0 0 0 10 601 241 01 01 61 21 641 21 111 159 Page 26 of 26 AMENT (E8 -E6) (E5 -E4) (E3 -E1) Sr. Proj. Proj. Dsgn. Mngr. Engr. Engr. (LS) Surv. Suprv. (LS2) Surv. (LSIT) Surv. Intern (T4 -T1) (A4 -A1) (C4 -C1) Tech. Admin. Cler. TOTAL 161 01 01 01 01 01 01 21 111 19 16 0 0 0 0 0 0 2 1 19 0 0 0 0 6 2 16 0 0 24 6 0 0 0 0 0 0 0 0 6 6 0 0 0 6 2 16 0 0 30 171 241 01 01 01 01 431 01 011 84 17 24 0 0 0 0 43 0 0 84 111 01 01 01 01 01 51 01 011 18 ;11 0 0 0 0 0 5 0 0 16 10l 01 01 01 01 01 01 011 10 i10 0 0 0 0 0 10 601 241 01 01 61 21 641 21 111 159 Page 26 of 26