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HomeMy WebLinkAboutIowa Department of Transportation-5/16/2011Iowa Department of Transportation 800 Lincoln Way, Ames, IA 50010 515-239-1713 Fax: 515-233-7857 June 3, 2011 W. Wayne Castle City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Dear Mr. Castle: Re: Lincoln Elementary School Safe Routes to School Project, Project # SRTS-U-8155(718)--8U-07, Agreement # 09-SRTS-016 Enclosed is one copy of a fully -executed consultant agreement between the City of Waterloo, AECOM Technical Services Inc., and the Iowa Department of Transportation for the above referenced Safe Routes to School project. This agreement completes the consultant selection process. In addition, the City of Waterloo must comply with the provisions set forth in this agreement to ensure that eligible project costs may receive federal -aid reimbursement. Thank you for your assistance. If you have questions, I can be reached by telephone at 515-239-1713 or by e-mail at kathy.ridnour@dot.iowa.gov. Sincerely, P1' Kathy Ridnour Office of Systems Planning KMR:plr Enclosure cc: Joe Becker, AECOM (with copy of enclosure) Kevin Blanshan, INRCOG (letter only) Kevin Galloway, Office of Finance (with copy of enclosure) Tom Devine, Office of Audits (with copy of enclosure) Office of Document Services, Records Management (with copy of enclosure) Shawn Majors, Office of Program Management (letter only) AGREEMENT FOR PROFESSIONAL SERVICES LINCOLN SCHOOL SAFE ROUTES TO SCHOOL SRTS-U-8155(718)--8U-07 WATERLOO, IOWA This Agreement made and entered between the City of Waterloo, Iowa, hereinafter referred to as the Owner, and AECOM Technical Services, Inc., Waterloo, Iowa, hereinafter referred to as the Consultant. The Owner has decided to contract for consultant services for the design and construction -review services for sidewalk, signing and pavement marking improvements around the Lincoln Elementary School area. It has been determined that the Owner shall proceed with the preliminary, final design and construction -related services subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT) and the Federal Highway Administration (FHWA) (when applicable). The said Owner desires to employ the Consultant to provide consultant services in connection with the final design and construction -related services for the improvements. The Consultant is willing to perform said services in accordance with the terms hereinafter provided and warrants that it is in compliance with Iowa statutes relating to the licensure of Professional Engineers. 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. AECOM TECHNICA SERVICES, INC. By CITY Bec er, Vice President WATERLOO, IOWA Date May 9, 2011 By Date lik ,, l IQ 9-0 y Ernest G. Clark, Mayor IOWA DEPARTMENT OF TRANSPORTATION ACCEPTED FOR FHWA AUTHORIZATION* By (1- 4'w C1egAll etrkC// rr, Director 0 (/ ' Office of Systems Planning Date (0P/> /f *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. 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 Federal Highway Administration Participation 4.19 Severability Attachment A - Scope of Services Attachment B - Specifications Attachment C - Fees and Payments Attachment D - Certification Attachment E - Certification of Consultant Attachment F - Certification of Owner Page 1 Article 1 - Initial Information This Agreement is based on the following information and assumptions. 1.1 Project Parameters The objective of this Agreement is to provide consultant services for the preliminary, final design and construction -review services for sidewalk, signing and pavement marking improvements around the Lincoln Elementary School area in Waterloo, Iowa. 1.2 Financial Parameters The financial parameters are: 1.2.1 Amount of Owner's budget for the Consultant's compensation is $20,800.00. 1.2.2 Amount of the Consultant's budget for the subconsultant's compensation is $0.00. 1.3 Project Team 1.3.1 The Owner's designated representative, identified as the Contract Administrator, is W. Wayne Castle. 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 Mark Durbahn. 1.3.3 The subconsultants retained at the Consultant's expense are: None 1.4 Time Parameters Date to Proceed: Consultant shall not begin work under this Agreement until so directed in writing by the Owner and they have received a copy of the FHWA authorization. Consultant shall, upon receipt of both the said written notification to proceed and a copy of the FHWA authorization, begin work thereon. No FHWA compensation will be made for any work performed prior to the effective date of the FHWA authorization to proceed. Work under this agreement shall be completed within twelve (12) months after receipt of a Notice to Proceed and an executed copy of this agreement. Construction -related services shall be completed in accordance with the schedule provided by a supplemental agreement authorizing said services. Page 2 Article 2 - Scope of Services and Other Special Terms and Conditions 2.1 Enumeration of Parts of the Agreement This Agreement represents the entire and integrated agreement between the Owner and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instruments 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. 2.1.2 Services herein required and provided shall be in conformity with the Iowa Department of Transportation Standards, Design Guides and Specifications and Title 23 U.S. 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 Certificate of Debarment - Attachment D .3 Certification of Consultant - Attachment E .4 Certification of Owner - Attachment F .5 Title 23, Code of Federal Regulations, Part 172 - Included by Reference 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 a lump sum fee compensation method as defined in Attachment C. 3.2 Subconsultant 3.2.1 The Consultant shall require the subconsultants 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 underruns associated with any subconsultant's contract are not available for use by the prime Consultant unless the Contract Administrator and Iowa DOT have given prior written approval. Page 3 Article 4 - Terms and Conditions 4.1 Ownership of Engineering Documents 4.1.1 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 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 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. Any changes to these specifications by either the Owner or the Consultant are subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. 4.1.4 The Owner is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. 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. Page 4 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, 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 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 of 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 cost, 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 Page 5 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 affect such suspension by giving the Consultant written notice and 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 subconsultants retained for the project and to require all independent contractors and subconsultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 4.9 Arbitration 4.9.1 In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement in accordance with Paragraph 4.8, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and shall proceed in accordance with the current Code of Iowa. If the parties cannot agree on a single arbitrator, then the arbitrator(s) shall be selected in accordance with the above -referenced rules. 4.10 Responsibility for Claims and Liability 4.10.1 The Consultant shall defend, indemnify and save harmless the Owner, the Iowa DOT, 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 Page 6 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 approved by the Owner and the Iowa DOT. 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, gifts, 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, commissioning 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, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 4.16 Compliance With Title 49, Code of Federal Regulations 4.16.1 During the performance of this Agreement, the Consultant and its assignees and successors in interest agree as follows: 4.16.1.1 Compliance With Regulations 4.16.1.1.1 The Consultant will comply with the regulations of the U.S. Department of Transportation, relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. 4.16.1.2 Nondiscrimination 4.16.1.2.1 The Consultant, with regard to the work performed by it, will not discriminate on the grounds of race, religion, age, physical Page 7 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 Attachments D, E and F of 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 it 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 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 agree(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 DOT'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. Page 8 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, 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, 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: • Withholding of payments to the Consultant under the Agreement until the Consultant complies, and/or • Cancellation, termination, or suspension of the Agreement, in whole or in part. 4.16.1.7 Incorporation of Provisions 4.16.1.7.1 The Consultant will include the provisions of Article 4.16.1.1 through 4.16.1.6 of this Agreement in every subagreement, including procurements of materials and lease of equipment, unless exempt by the regulations, orders or instructions issued pursuant thereto. The Consultant will take such action with respect to any subagreement or procurement as the Owner, Iowa DOT or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Owner, the Iowa DOT or the United States to enter into such litigation to protect the interests of the Owner, the Iowa DOT or the United 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 and FHWA, or any authorized representatives of the federal government; and copies thereof shall be furnished, if requested. Page 9 4.18 Iowa DOT and FHWA Participation 4.18.1 The work under this Agreement shall be contingent upon and subject to the approval of the Iowa DOT and FHWA (if applicable). The Iowa DOT and FHWA 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 adjusted 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. L:\work\ADMINWG REE\PROF\WatLincolnSchoolSafeRoutes.doc ATTACHMENT A LINCOLN SCHOOL SAFE ROUTES TO SCHOOL WATERLOO, IOWA SCOPE OF SERVICES Project Description This project includes sidewalk, signing and pavement marking improvements around the Lincoln Elementary School area. The sidewalk improvements are as follows: • Cedar Bend Street, Parker Street, Longfellow Avenue Intersection Area - 450 LF • Longfellow Avenue from Parker Street to Lincoln Elementary School - 750 LF • South Side of Parker Street Sidewalk Infill West of Burton Avenue - 270 LF • Both Sides of Newton Street Just East of Cedar Bend Street - 395 LF • West Side of Longfellow Avenue from Walker Street to Virginia Street - 1,300 LF The pavement marking and signing improvements will be developed at the Cedar Bend Street, Parker Street, Longfellow Avenue intersection. Also, pavement marking and signing improvements will be completed along the west side of the Walker Street, Longfellow Avenue intersection. Scope of Services The design services to be provided for the project under this Agreement will include the preliminary and final design of the elements as described above. The services include survey, intersection concept analysis, preparation of a Concept Statement, and the preparation of preliminary and final plans, details and special provisions in a format suitable for an Iowa DOT letting, meetings and coordination. The scope of services is further defined by the following tasks: Task 1 - Topographic Survey. This task includes the survey of the existing features for the construction of the sidewalks described above. Features to be surveyed include driveways, landscaping features, trees, shrubs, above -ground utilities and other miscellaneous items. The survey includes the identification of property comers for new sidewalk locations. Task 2 - Base Mapping. This task includes the development of the CADD files from the survey information. The text and features will be set up for 1" = 40' scale 11" x 17" plan views. Task 3 - Intersection Concept Analysis. This task includes the development of alternatives for safety improvements at the Cedar Bend Street, Parker Street, Longfellow Avenue Intersection. Altematives that are developed include safety improvements for the pedestrians, as well as providing access to Longfellow Avenue for buses. At least two alternatives will be developed. Alternatives can include the changing of signing and possibly some curb and gutter modifications as well. Task 4 - Field Review and Photo Log. This task includes a field review by design staff to observe the locations and take pictures of the future location of the sidewalk. Pictures will be used to assist in design and during the public information meeting. Task 5 - Preliminary Design. This task includes the preliminary design of the plan and profile sheets for the sidewalk locations described above. Plan sheets will be set up for 1" = 40' scale 11" x 17" plan views. Title sheet and typical cross sections will also be developed. The preliminary design will identify impacts to property owners along the proposed sidewalk. These impacts may include driveway modifications, relocation of landscaping and the placement of small retaining walls. This task also includes the placement of the right-of-way lines and property owner names in CADD files which will be displayed on the plans. The preliminary plans will be developed in Iowa DOT format and submitted to the Iowa DOT and the City for review. Task 6 - Public Information Meeting. This task includes the preparation and attendance at a public information meeting. Services include the development of display maps which show the sidewalk infill locations and the preparation for a presentation describing the project. The notifications to property owners are not included in this scope of services. Property owner contacts and notifications are anticipated to be completed by the City of Waterloo. Task 7 - Temporary Easements. This task includes the preparation of an estimated 5 temporary easements for property owners adjacent to the proposed sidewalk. It is anticipated that the City of Waterloo will complete easement negotiations. Task 8 - Final Plans. This task includes the development of final plans. The final plans will include the following: • A -Series Sheets: The title and legend sheets will be prepared with Iowa DOT standards and completed during the preliminary plan stage. • B -Series Sheets: Typical cross sections and details will be added to from the preliminary plan submittal. • C -Series Sheets: Bid items, quantities and estimate reference notes will be developed. Bid items will be standard Iowa DOT bid items, and specifications will be as per the 2009 Iowa DOT Standard Specifications. General notes will be selected from the Iowa DOT Road Design Details. Tabulations will be developed for major bid items. • D -Series Sheets: The plan sheets from the preliminary plan submittal will be updated to include additional details and revised based on comments received. • L -Series Sheet: A plan sheet will be set up for 1" = 20' scale 11" x 17" plan sheet for the Cedar Bend Street, Parker Street, Longfellow Avenue Intersection. • G -Series Sheets: Geometric sheets will be prepared as needed to show geometric information regarding sidewalk alignment. • J -Series Sheets: Traffic control sheets will be prepared as needed to show traffic control information around construction. • N -Series Sheets: Signing and pavement marking sheets will be prepared as needed. This task also include revisions to the final plans based on comments received from the Iowa DOT and the City and answering questions from the Office of Contracts prior to the letting of the project. Task 9 - Project Administration. This task includes two meetings with the City of Waterloo to review the project. Also included in this task is the in-house, project -related administrative activities throughout the duration of this project. Construction -Related Services The scope of construction -related services will be determined at the time the services are needed and defined under a supplemental agreement. Construction -related services include staking, on-site field review and contract administration during construction. L:lworkdADMIN\AGREE\PROF\Wat LincolnSchool SRTS AttachA.docx ATTACHMENT B Specifications Road Specifications for deliverables shall use Iowa DOT Standard Specifications, but Special Provisions, plans and details shall be developed by the Consultant. Refer to the following examples: A. Road Plans Current Highway Divisions Road Design Manual and applicable sections of the Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications and estimates. 1. Any Special Provisions required in addition to the Standard Specifications of the IDOT will be furnished by the Consultant. 2. Property owners' names shall be shown on the plan and the limits of their holdings. A preliminary right-of-way layout shall be submitted to the Owner, showing "need" distances and proposed right-of-way lines. 3. The Consultant shall indicate proposed right-of-way lines, encroachments, etc., on the final construction plans. B. Right -of -Way Layout (If Applicable) It shall be the responsibility of the Consultant to perform the following functions in order to complete the right-of-way phase of the project contract: 1. To prepare a set of right-of-way plans showing the following: a. The temporary easements necessary for the construction of the project. b. Known property lines. c. Existing right-of-way for state highways, county roads and city streets. 2. To make calculations of the different right-of-way taking areas necessary to complete the right-of-way plans. 3. To make revisions to right-of-way plans due to change of ownerships, design revisions and revisions required by property owners. This work listed above shall be done as prescribed and in the manner set forth in the current Right -of -Way Design Manual. L:\work\ADMIN\AGREE\PROF\Wat LincolnSchool SRTS Attach B.docx ATTACHMENT C (Referenced From 3.1) Lump Sum 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 on a lump sum basis and payment of this amount shall be considered as full and complete compensation for all work, materials and services fumished under the terms of this Agreement. The lump sum amount shall be $20,800.00. The estimated staff hours and fees are shown in this attachment. The lump sum amount 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 lump sum amount will be by Supplemental Agreement. 3.1.1.2 Reimbursable Costs. 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 percentage of work completed and substantiated by monthly progress reports. The Contract Administrator will check such progress reports and payment will be made for the proportional amount of the lump sum fee. Upon completion, delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement for the balance of the lump sum fee. 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. Classification Hours Rate Amount Project Professional 30 $150.00 $ 4,500.00 CADD Operator II 90 95.00 8,550.00 CADD Operator I 20 60.00 1,200.00 Land Surveyor 10 130.00 1,300.00 Technician 64 75.00 4,800.00 Project Support 4 70.00 280.00 Direct Expenses 170.00 TOTAL FEE $20.800.00 L:\work\ADMINWGREE\PRORWat LincolnSchool SRTS Attach C.docx 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 Government, 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 implementating 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 title "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 (Tel #). 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. 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 Statutes 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 governmental entity (Federal, State or Local) with commission of any other 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, Joe A. Becker, Vice President, of AECOM Technical Services, Inc., 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. Subscribed and sworn to this 9th day of May , 2011. L:\work\ADMINWGREE\PROF\Wat LincolnSchool SRTS Attach D.docx ATTACHMENT E CERTIFICATION OF CONSULTANT I hereby certify that I, Joe A. Becker, am the Vice President and duly authorized representative of the firm of AECOM Technical Services, Inc., whose address is 501 Sycamore, Suite 222, Waterloo, Iowa, 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 Agreement, (b) Agreed, as an express or implied condition for obtaining this Agreement, to employ or retain the services of any firm or person in connection with carrying out the Agreement, 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 Agreement, 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 Agreement involving participation of Federal -Aid highway funds, and is subject to applicable, state and federal laws, both criminal and civil. Joe A. Becker Vice President Made this 9th day of May , 2011. L:\work\ADMINWGREE\PROF\Wat LincolnSchool SRTS AttachE.doc ATTACHMENT F CERTIFICATION OF OWNER I hereby certify that I, Ernest G. 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 Agreement 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 furnished to the Iowa Department of Transportation, the Federal Highway Administration, U.S. Department of Transportation, in connection with this Agreement involving participation of Federal -Aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. By: Made this EP e6g day of L:\work\ADMIN AGREE\PROF\Wat LincolnSchool SRTS Attach F.doc , 2011.