HomeMy WebLinkAboutAment Design-11/25/2013Iowa DOT Project No. STP -U-8155(731)-70-07
Owner Project No. 843
Professional Services Agreement
for
Kimball Avenue Transportation Improvements Project —
from 500 Feet South of Tower Park Dr to Acadia St
Supplemental Agreement No. 2
This is an AGREEMENT, made as of the fourteenth (14th) day of October in the year 2013 ;
by and BETWEEN the City of Waterloo, Iowa, identified as the Owner;
City of Waterloo, Iowa
City Hall
715 Mulberry Street
Waterloo, IA 50703
and the Consultant ;
Ament, Inc. (dba Ament Design)
625 32nd Avenue SW
Cedar Rapids, IA 52404
for the following Project:
The parties hereto entered into an agreement dated the twenty-fourth (24th) day of September, 2012 for survey,
design and preparation of plans, specifications, and estimates for the Kimball Avenue Transportation
Improvement Project — from 500 Feet South of Tower Park Drive to Acadia Street in Black Hawk County. The
Owner shall proceed with the 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 additional work in connection with preliminary
engineering services in connection with the design and preparation of plans, specifications and estimates for the
improvements. The Consultant is willing to perform such 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.
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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 - Cost Analysis Sheet
Attachment D - Intentionally Omitted
Attachment E - Intentionally Omitted
Attachment F - Intentionally Omitted
Attachment G - Sample Invoice Form (if not part of Base Agreement)
Attachment H - Consultant Fee Schedule (Staff Hour Estimate)
Attachment H-1 - Consultant Fee Schedule (Morning Star Studio)
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ARTICLE 1 INITIAL INFORMATION
1.1
This Agreement is based on the following information and assumptions.
Project Parameters
The objective or use is:
Perform additional preliminary engineering services in connection with the design and preparation of
plans, specifications and estimates for the proposed improvements.
1.2 Financial Parameters
1.2.1 The financial parameters are;
Amount of the Owner's budget for the Consultant's compensation is:
Twenty thousand five hundred sixty-nine and 00/100 dollars ($20,569.00)
1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is:
One thousand eight hundred sixtv-five and 00/100 dollars ($1,865.00)
1.2.3 Costs for this Agreement will be integrated with all previous agreements with the Consultant utilizing
the same contract number.
1.3 Project Team
1.3.1 The Owner's Designated Representative identified as the Contract Administrator is:
Jeff Bales —Associate Engineer, City Engineering Department
The Contract Administrator is the authorized representative, acting as liaison officer for the Owner for
purpose of coordinating and administering the work under the Agreement. The work under this
Agreement shall at all times be subject to the general supervision and direction of the Contract
Administrator and shall be subject to the Contract Administrator's approval.
1.3.2 The Consultant's Designated Representative is:
Larry D. Berns, P.E. — Project Manager
1.3.3 The subconsultants retained at the Consultant's expense are:
Morning Star Studio
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 meeting and construction right-of-way needs shall be completed and
accepted on or before September 17, 2013 or two hundred twenty five (225) 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
Ownerwill 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 December 24, 2013 or ninety (90) 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.
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.
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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 Cost Analysis Sheet - Attachment C-1
.3 Consultant Fee Schedule (Staff Hour Estimate) - Attachment H
.4 Consultant Fee Schedule (Morning Star Studio) - Attachment H-1
2.1.4 Refer to the Base Agreement for documents as follows:
.1 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Attachment D
.2 Certification of Consultant - Attachment E
.3 Certification of Owner - Attachment F
.4 Sample Invoice Form -Attachment G
ARTICLE 3 FORM OF COMPENSATION
3.1 Method of Reimbursement
3.1.1 For the Consultant's services as described under Article 2, compensation shall be computed in
accordance with the Cost Plus Fixed Fee compensation method, as defined in Attachment C.
3.2 Subconsultant
3.2.1 The Consultant shall require the subconsultants (if applicable) to notify them if they at any time
determine that their costs will exceed their estimated actual costs. The Consultant shall not allow the
subconsultants to exceed their estimated actual costs without prior written approval of the Contract
Administrator. The prime Consultant is cautioned that cost under -runs associated with any
subconsultant's contract are not available for use by the prime Consultant unless the Contract
Administrator has given prior written approval and the Iowa DOT and the FHWA (when applicable)
concurs.
ARTICLE 4 TERMS AND CONDITIONS
4.1 Ownership of Engineering Documents
4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared under
this Agreement shall become the property of the Owner and shall be delivered to the Contract
Administrator upon completion of the plans or termination of the services of the Consultant. There
shall be no restriction or limitation on their future use by the Owner, except any use on extensions of
the project or on any other project without written verification or adaptation by the Consultant for the
specific purpose intended will be the Owner's sole risk and without liability or legal exposure to the
Consultant.
4.1.2 The Owner acknowledges the Consultant's plans and specifications, including all documents on
electronic media, as instruments of professional service. Nevertheless, the plans and specifications
prepared under this Agreement shall become the property of the Owner upon completion of the
services and payment in full of all moneys due to the Consultant.
4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall conform to
the specifications listed in Attachment B. All electronic files will be submitted to the Owner by the
Consultant on CD or other mutually agreed upon medium. Any change to these specifications by
either the Owner or the Consultant is subject to review and acceptance by the other party. Additional
efforts by the Consultant made necessary by a change to the CADD software specifications shall be
compensated for as Additional Services.
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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 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.
4.6 Termination of Agreement
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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, government actions, or similar causes beyond the reasonable control of
the Consultant.
4.8 Mediation
4.8.1 In an effort to resolve any conflicts that arise during the design or construction of the project or following
the completion of the project, the Owner and the Consultant agree that all disputes between them
arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the
parties mutually agree otherwise. The Owner and the Consultant further agree to include a similar
mediation provision in all agreements with independent contractors and Consultants retained for the
project and to require all independent contractors and Consultants also to include a similar mediation
provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained,
thereby providing for mediation as the primary method for dispute resolution between the parties to
those agreements.
4.9 Arbitration
4.9.1 In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of
the services under this Agreement in accordance with Paragraph 4.8, then such disputes shall be
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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
Government from all claims and liabilities due to design error, omission or negligent act of the
Consultant, its members, agents, stockholders, or employees in connection with performance of this
Agreement.
4.11 Non -Raiding Clause
4.11.1 The Consultant shall not engage the services of any person or persons, then in the employment of the
Owner, for work covered by this Agreement without the written consent of the employer of such person.
4.12 General Compliance With Laws
4.12.1 The Consultant shall comply with all Federal, State and Local laws and ordinances applicable to the
work.
4.13 Subletting, Assignment Or Transfer
4.13.1 Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is
prohibited unless written consent is obtained from the Contract Administrator and the Iowa DOT and
the FHWA (when applicable) concurs.
4.14 Forbidding Use of Outside Agents
4.14.1 The Consultant warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it
has not paid or agreed to pay any company or person, other than bona fide employees working solely
for the Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, the Owner shall have the right to annul the Agreement without liability, or in its discretion to
deduct from the Agreement price or consideration or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, or counterpart fee.
4.15 Consultant's Endorsement On Plans
4.15.1 The Consultant shall endorse the completed computations prepared under this Agreement, and shall
affix thereto the seal of a licensed professional engineer or architect, licensed to practice in the State of
Iowa, in accordance with the current Code of Iowa.
4.16 Compliance With Title 49, Code Of Federal Regulations
4.16.1 During the performance of this Agreement, the Consultant and its assignees and successors in
interest agree as follows:
4.16.1.1 Compliance with Regulations
4.16.1.1.1 The Consultant will comply with the regulations of the U.S. Department of Transportation, relative to
nondiscrimination in federally assisted programs of the U.S. Department of Transportation (Title 49,
Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein
incorporated by reference and made a part of this Agreement.
4.16.1.2 Nondiscrimination
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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
4.16.1.3.11n 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
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
4.16.1.6.11n the event of the Consultant's noncompliance with the nondiscrimination provisions of this
Agreement, the Owner shall impose such contract sanctions as it, the Iowa DOT, or the FHWA, may
determine to be appropriate, including, but not limited to:
...1.6.1.1 Withholding of payments to the Consultant under the Agreement until the Consultant complies, and/or
...1.6.1.2 Cancellation, termination or suspension of the Agreement, in whole or in part.
4.16.1.7 Incorporation of Provisions
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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 furnished, if requested.
4.18 Iowa DOT and Federal Highway Administration Participation
4.18.1 The work under this Agreement shall be contingent upon and subject to the approval of the Iowa DOT
and the Federal Highway Administration (if applicable). The Iowa DOT and the Federal Highway
Administration shall have the right to participate in the conferences between the Consultant and the
Owner and to participate in the review or examination of the work in progress.
4.19 Severability
If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such
adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part
thereof not adjudged invalid or unconstitutional.
4.20 Choice of Law and Form
The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with
this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding
of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive
jurisdiction for the proceeding shall be brought in the Black Hawk County District Court for the State of
Iowa, Waterloo, Iowa. This provision shall not be construed as waiving any immunity to suit or liability
including without limitation sovereign immunity in State or Federal court, which may be available to the
Owner.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials
thereunto duly authorized as of the dates below indicated.
Ament Inc.
Jimmy p. Roe,
Presiders
City aterloo, I wa
Emest G. "Buck" Clark
Mayor
Iowa Department of Transportation
Accepted for FHWA Authorization*
Robert Welper, P.E.
Local Systems Engineer
District 2 Office
Date: I /Llennii3rr' i j , .720/3
Date:
/A6/ o2O13
Date:. c1✓
* The Iowa DOT is not a party to this Agreement. However, by signing this Agreement, the Iowa DOT is indicating
the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds.
IOWA DEPARTMENT OF TRANSPORTATION
DISTRICT 2
DEC 4 2013
MASON CITY, IA
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ATTACHMENT A
Scope of Services
Scope of Services
The scope of services to be performed by the ENGINEER shall be completed in accordance with generally
accepted standards of practice and shall include the services and supplies to perform tasks listed below.
I. Project Management
A. Consultant Management — This task involves the preparation of subcontracts and work orders for
ENGINEER's Consultants. This task also includes monitoring ENGINEER's Consultant activities, reviewing
ENGINEER's Consultant invoices, and submitting to the OWNER for payment. This task also includes
reviewing ENGINEER's Consultant work for technical accuracy and conformance with project requirements.
The Consultants that are anticipated are:
• Moming Star Studio
II. Public Involvement Plan
No additional effort.
III. Research and Data Collection
No additional effort.
IV. Preliminary Design Plans and
V. Property Acquisition and Check Plans and Final Plans
A. Design Services
1. Retaining Wall Design and Plan Coordination — This task includes preliminary and final design of and plan
sheet development for the proposed Portland cement concrete (PCC) retaining wall that is to be
constructed along the west edge of the parking lot on Parcel 82 (Operation Threshold) — located on the
east side of Kimball Avenue between approximately Station 121+50 and Station 122+75, which is
intended to replace the 32' -long north -south segment of the existing 2 -foot high, 9 -inch thick PCC
retaining wall that is currently in place. This task also design coordination and plan set development
coordination between the CONSULTANT and the CONSULTANT's subconsultant. [The design effort in
Supplemental Agreement No. 1 included only retaining wall layout and not preliminary and final design.]
VI. Contractor Procurement
No additional effort.
VII. Deliverables
A. ENGINEER Deliverables
1. ENGINEER's Opinion of Anticipated Construction Cost for Portland cement concrete (PCC) retaining
wall proposed for construction on Parcel 82.
2. Check and final design plan sheets for Portland cement concrete (PCC) retaining wall proposed for
construction on Parcel 82.
VIII. OWNER's RESPONSIBILITIES
MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER:
The OWNER shall provide the following material and information related to the project:
A. No additional OWNER responsibilities.
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ATTACHMENT B
Specifications
Alternate Urban Design Guides table, dated October 4, 2002
and the
Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2012,
plus General Supplemental Specifications; and applicable Supplemental Specifications, Developmental
Specifications, and Special Provisions.
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ATTACHMENT C (referenced from 3.1)
Fees and Payments - Cost Plus Fixed Fee
3.1.1 FEES AND PAYMENTS
3.1.1.1 Fees. For full and complete compensation for all work, materials, and services fumished under the
terms of this Agreement, the Consultant shall be paid fees in the amounts of the Consultant's actual
cost plus applicable fixed fee amount. Consultants' actual costs shall include payments to any
subconsultants. The estimated actual costs and fixed fee are shown below and are itemized in
Attachment C-1. The nature of engineering services is such that actual costs are not completely
determinate. Therefore, it is possible that the Consultant's actual costs may exceed those shown in
Attachment C-1 and as shown below. A contingency amount has been established to provide for actual
costs that exceed those estimated.
Estimated Actual Costs
Fixed Fee [Prime Only]
Contingency [Prime Only]
Maximum Amount Payable
$ 5.172.00
$ 397.00
$ 15.000.00
$ 20.569.00
If at any time during the work the Consultant determines that its actual costs will exceed the estimated
actual costs, thus necessitating the use of a contingency amount, it will promptly so notify the Contract
Administrator in writing and describe what costs are causing the overrun and the reason. The
Consultant shall not exceed the estimated actual costs without the prior written approval of the
Contract Administrator and concurrence of the Iowa DOT and the FHWA (when applicable). The
Owner or the Iowa DOT may audit the Consultant's cost records prior to authorizing the use of a
contingency amount. The Consultant shall establish a procedure for comparing the actual costs
incurred during the performance of the work to the estimated actual costs listed above.
The purpose is to monitor these two elements and thus provide for early identification of any potential
for the actual costs exceeding the estimated actual costs. If the Consultant exceeds the estimated
actual costs for any reason (other than that covered in Section 3.1.1.2.3) before the Contract
Administrator is notified in writing, the Owner will have the right, at its discretion, to deny the use of
the contingency amount.
The fixed fee amount will not be changed unless there is a substantial change in scope, character, or
complexity of the services covered by this Agreement or the time schedule is changed by the Owner.
Any change in the fixed fee amount will be made by a Supplemental Agreement or Extra Work Order.
The maximum amount payable under this Agreement is $ 20.569.00, which is the sum of the above
amounts. The maximum amount payable can not be exceeded except by Supplemental Agreement or
Extra Work Order if the Consultant establishes there is a substantial change in scope, character, or
complexity of the services covered by this Agreement, the Contract Administrator agrees, and the
Iowa DOT and FHWA (when applicable) concurs. If at any time it is determined that a maximum
amount payable will be or has been exceeded, the Consultant shall immediately so notify the Contract
Administrator in writing. The maximum amount payable may be increased by a Supplemental
Agreement or Extra Work Order, or this Agreement will be terminated, with the Owner having the right,
at its discretion, to terminate this Agreement without payment of the amount exceeding the maximum
amount payable. The Owner or the Iowa DOT may audit the Consultant's cost records prior to making
a decision whether or not to increase the maximum amount payable.
3.1.1.2 Reimbursable Costs. Reimbursable costs are the actual costs incurred by the Consultant which are
attributable to the specific work covered by this Agreement and allowable under the provisions of Title
48, Subchapter E., Part 30 (full cost accounting standards; when applicable), section 31.105 and
Subpart 31.2 of the current Federal Acquisition Regulation. These include the following:
1. Salaries of the employees for time directly chargeable to work covered by the Agreement, and
salaries of principals for time they are productively engaged in work necessary to fulfill the terms
of the Agreement.
Page 13 of 17
2. Direct non -salary costs incurred in fulfilling the terms of this Agreement. The Consultant will be
required to submit a detailed listing of direct non -salary costs incurred and certify that such costs
are not included in overhead expense pool. These costs may include travel and subsistence,
reproductions, computer charges and materials and supplies.
3. The indirect costs (salary related expenses and general overhead costs) to the extent that they
are properly allowable to the work covered by this Agreement. The Consultant has submitted to
the Owner the following indirect costs as percentages of direct salary costs to be used
provisionally for progress payments for work accomplished during the Consultant's current fiscal
year: Salary related expenses are 32.25% of direct salary costs and general overhead costs are
155.78% of direct salary costs. Use of updated overhead percentage rates shall be requested by
the Consultant after the close of each fiscal year and shall be used to update previous year
invoices and subsequent year as a provisional rate for invoicing in order to more accurately
reflect the cost of work during the previous and subsequent years. Any actual fiscal year or fiscal
year's audited or unaudited indirect costs rates known by the Consultant shall be used in
computing the final invoice statement. All unverified overhead rates shall have a schedule of
computation supporting the proposed rate attached to the final bill. Prior to final payment for work
completed under this Agreement all indirect cost rates shall be audited and adjusted to actual
rates through the most recently completed fiscal year during which the work was actually
accomplished. In the event that the work is completed in the current fiscal year, audited indirect
cost rates for the most recently completed fiscal year may be applied also to work accomplished
in the current fiscal year. If these new rates cause the estimated actual costs to be exceeded, the
contingency amount will be used.
3.1.1.3 Premium Overtime Pay. Premium overtime pay (pay over normal hourly pay) shall not exceed 2
percent of the total direct salary cost without written authorization.
3.1.1.4 Payments. Monthly payments shall be made based on the percentage of work completed and
substantiated by monthly progress reports. The report shall indicate the direct and indirect costs
associated with the work completed during the month. The Contract Administrator will check such
progress reports and payment will be made for the direct non -salary costs and salary and indirect costs
during said month, plus a portion of the fixed fee. The portion of the fixed fee to be paid will be in the
proportion of the actual work completed and documented on the monthly progress reports.
Upon delivery and acceptance of all work contemplated under this Agreement, the Consultant shall
submit one complete invoice statement of costs incurred and/or amounts earned. Payment of 100% of
the total cost claimed will be made upon receipt and review of such claim. Final audit will determine
correctness of all invoiced costs and final payment will be based upon this audit. The Consultant
agrees to reimburse the Owner for possible overpayment determined by final audit.
Page 14of17
I. Direct Labor Cost
Employee Classification
ATTACHMENT C-1 - Supplemental Agreement No. 2
COST ANALYSIS SHEET
Hours Rate Amount
E6 - Project Manager 15 $41.00 $615.00
E4 - Project Engineer 8 $30.00 240.00
El - Project Engineer 14 $18.00 252.00
LSM - Land Surveyor Manager 0 $54.75 0.00
LS2 - Land Surveyor 0 $30.75 0.00
LSI - Land Surveyor Intern 0 $26.50 0.00
T4 - Technician 0 $20.50 0.00
T3 - Technician 0 $18.25 0.00
A3 - Administration 1 $26.75 26.75
C3 - Clerical 1 $14.25 14.25
Direct Labor Total
39 $1,148.00
II. Payroll Burden and Overhead Costs
Indirect Cost Factor (Overhead Rate) = 188.03%
Total Indirect Costs = $2,158.58
III. Direct Project Expenses
Quantity Rate Amount
Mileage (miles)
Reproductions (each)
Postage (oz.)
Ground -Based LiDAR (days)
0 $0.555
0 $0.30
0 $0.45
0 $1,000.00
$0.00
0.00
0.00
0.00
Total Direct Expenses = $0.00
IV. Subconsultant Costs
Morning Star Studio (Fixed Overhead Rate) $1,865.00
Total Subconsultants = $1,865.00
V. Estimated Actual Costs (I + H + III + IV) = $5,172.00 (ROUNDED)
VI. Fixed Fee - Prime Only
12% of I + II) = $397.00 (ROUNDED)
VII. Contingency - Prime Only ( 453.64% of I + II + III) = $15,000.00 (ROUNDED)
VIII. Total Estimated Cost - Cost Plus Fixed Fee (V + VI + VII) = $20,569.00 *
(Maximum Amount Payable)
* Includes contingency amounts (Prime & Subconsultants) totaling $15,154.00
Total Initial Authorized Costs (Excluding All Contingency Amounts) = $5,415.00
Page 15 of 17
P:\G00412.10\Excel\000412.10 AMENT Fee Development (Cost -Plus -Fixed Fee) (11-19-2012).xls\Ament Attachment C-1 (SA #2)(2)
�1 21 21 01 01 01 01 01 011 61
ATTACHMENT H CONSULTANT FEE SCHEDULE (STAFF HOUR ESTIMATE)
Supplemental Agreement No. 2
Kimball Avenue Transportation Improvements Project - from Tower Park Dr to Acadia St
Design Related Services
Task for Design Related Services
1 Project Management
A - Project Administration
A - Project Team Coordination
Total Hours (I)
IV Preliminary Design
A - Retaining Wall Design & Plan Coordination
A - Retaining Wall Design Sheets
Total Hours (II)
V Property Acquisitions and Check Pian and Final Plans
A - PCC Retaining \Nall Design (Add Information to Plans)
Total Hours (V)
Total Hours Per Job Classification and Total Hours
6
0
0
0
0
0
0
1
1
8
5
0
0
0
0
0
0
0
0
5
11
0
0
0
0
0
0
1
1
13
2
4
8
0
0
0
0
0
0
14
0
2
4
0
0
0
0
0
0
6
2
6
12
0
0
0
0
0
0
20
2
2
2
0
0
0
0
0
0
6
151 81 141 01 01 01 01 11 11 39
Page 16 of 17
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
6
0
0
0
0
0
0
1
1
8
5
0
0
0
0
0
0
0
0
5
11
0
0
0
0
0
0
1
1
13
2
4
8
0
0
0
0
0
0
14
0
2
4
0
0
0
0
0
0
6
2
6
12
0
0
0
0
0
0
20
2
2
2
0
0
0
0
0
0
6
151 81 141 01 01 01 01 11 11 39
Page 16 of 17
ATTACHMENT H-1 - Supplemental Agreement No. 2
CONSULTANT FEE SCHEDULE - Morning Star Studio
Task IV.A.1 - Retaining Wall Design
Kimball Avenue Transportation Improvements Project
I. Direct Labor Cost
Employee Classification
Hours Rate Amount
Project Engineer
20 $35.00 $700.00
0.00
0.00
0.00
Direct Labor Total*
20 $700.00
II. Payroll Burden and Overhead Costs
Indirect Cost Factor (Overhead Rate) = 110.00%
Total Indirect Costs = $770.00
III. Direct Project Expenses Quantity Rate Amount
Mileage (miles)
Reproductions (each) Large Doc
Postgage (oz)
110 $0.555
6 $0.68
0 $0.45
$61.05
4.08
0.00
0.00
Total Direct Expenses =
$65.13
IV. Subconsultant Costs
None
None
(Cost plus Fixed Fee)
(Lump Sum Fee)
$0.00
$0.00
Total Subconsultants =
$0.00
V. Estimated Actual Costs (I + II + III + IV) =
VI. Fixed Fee - Prime Only ( 12% of I + II) =
VII. Contingency - Prime Only ( 10% of I + II + Ill) =
VIII. Total Estimated Cost (V + VI + VII) =
Page 17 of 17
$1,535.00 (ROUNDED)
$176.00 (ROUNDED)
$154.00 (ROUNDED)
$1,865.00
CITY OF WATERLOO
Council Communication
City Council Meeting: November 25, 2013
Prepared: November 19, 2013
Dept. Head Signature: Eric Thorson, PE., City Engineer
# of Attachments:
)1K P
12.2 9.
Gfi
SUBJECT: F.Y. 2014 KIMBALL AVENUE TRANSPORTATION IMPROVEMENTS
CITY CONTRACT NO. 843
SUPPLEMENTAL AGREEMENT #2
Submitted by: Jeff Bales, Associate Engineer
Recommended City Council Action:
Staff has reviewed this agreement and recommends Council approve this document and authorizes
Mayor to sign and enter into said agreement.
Summary Statement
Transmitted herewith is the Supplemental Agreement No. 2 with Ament, Inc., for additional work
in plan development for Contract No. 843. Work under this agreement includes preliminary and
final design of a plan sheet development for the proposed portland cement concrete retaining wall
that is to be constructed along the west edge of the parking lot at 3601 Canterbury Ct 1
(Operation Threshold). A subconsultant, Morning Star Studio, will be added to assist in
completing this work. The prime consultant contingency is also increased to replenish the
contingency utilized under the Supplemental Agreement No. 1 due to unforeseen work involved
with a Kimball Avenue neighborhood group that reviewed sidewalk and pedestrian facilities
accommodation needs around the corridor.
This agreement is available in the City Clerk's office if you wish to review it in its entirety.
Expenditure Required
The cost for the services and contingency increase is for twenty -thousand and five -hundred and
sixty-nine dollars ($20,569), and shall not be exceeded without authorization of the City.
Source of Funds 80% Federal Funds, 20% G.O. Bond Funds
Policy Issue N/A
Alternative N/A
Background Information