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HomeMy WebLinkAboutAecom Technical Services-9/27/2010AGREEMENT FOR PROFESSIONAL SERVICES DONALD STREET IMPROVEMENTS WATERLOO, IOWA Project No. STP -U-8155(714)--70-07 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 of the Donald Street improvements from U.S. Highway 63 to 100 feet east of Mildred Street. It has been determined that the Owner shall proceed with the preliminary and final design. Other work will include construction -related services for the improvements, subject to the approval of the Iowa Department of Transportation. The said Owner desires to employ the Consultant to provide consultant services in connection with the preliminary and final design, and construction -related services for the improvements. The Consultant is willing to perform saki 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 TECHNI SERVICES, INC. By Joe A. 'cker, Vice President CITY OF WATERLOO, IOWA By Ernest G. Clark, Mayor IOWA DEPARTMENT OF TRANSPORTATION Accepted For Authorization` Date September 15. 2010 Date -616 By Date Robert Welper, P.E. Local Systems Engineer District 2 * 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 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 Attachment A - Attachment B - Attachment C - Attachment D - Attachment E - Attachment F - and Conditions Ownership of Engineering Documents Revision of Plans Extra Work Progress Meetings Additional Plans Termination of Agreement Extension of Time Mediation Arbitration Responsibility for Claims and Liability Non -Raiding Clause General Compliance with Laws Subletting, Assignment or Transfer Forbidding Use of Outside Agents Consultant's Endorsement on Plans Compliance with Title 49, Code of Federal Regulations Access to Records Iowa DOT and Federal Highway Administration Participation Severability Choice of Law and Form Scope of Services Specifications Fees and Payments Certification Regarding Debarment, Suspension and Other Responsibility Matters Certification of Consultant 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 conceptual, preliminary and final design of the Donald Street Improvement Project 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 $141,000.00. 1.2.2 Amount of the Consultant's budget for the subconsultant's compensation is $16,200.00. 1.3 Project Team 1.3.1 The Owner's designated representative, identified as the Engineer, is Jeff Bales. The Engineer 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 Engineer and shall be subject to the Engineer'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: Robinson Engineering Co. 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. No FHWA compensation will be made for any work performed prior to the effective date of the FHWA authorization to proceed. 1.4.2 Work under this agreement shall be completed within eighteen (18) months after receipt of a Notice to Proceed and an executed copy of this agreement. 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 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, 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 instruments signed by the Owner, the Consultant, the Iowa DOT and 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 applicable Iowa Department of Transportation 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 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Attachment D .3 Certification of Consultant - Attachment E .4 Certification of Owner - Attachment F 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 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 Engineer. 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 Engineer has given prior written approval and the Iowa DOT and FHWA, when applicable, concurs. 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 Engineer 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 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 changes to these specifications by either the Owner or the Consultant are subject to review and acceptance by the other tarty. 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 Engineer by the Consultant for review and comment. The comments received from the Engineer 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 Engineer shall be in writing. In the event there are no comments from the Engineer or reviewing agencies to be incorporated by the Consultant into the final work product, the Engineer 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 Engineer 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 Engineer 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 Engineer in writing to that effect. In the event that the Engineer 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 Engineer, 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 Engineer 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 Engineer, to enable the Engineer to pass judgment on the features and progress of the work. 4.5 Additional Plans 4.5.1. At the request of the Engineer, the Consultant shall furnish sufficient prints of plans or other data in such detail as may be required, for the purposes of review of details and for plan -in -hand and field check inspections. 4.6 Termination of Agreement 4.6.1 In the event of the death of any member or partner of the Consultant's firm, the surviving members shall complete the work, unless otherwise mutually agreed upon by the Owner and the survivors. 4.6.2 The right is reserved by the Owner to terminate this Agreement at any time upon not less than thirty (30) days written notice to the Consultant. 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 Engineer 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 Engineer 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 Engineer up to the date established by the termination notice. After audit of the Consultant's actual costs to the date established by the Engineer in the termination notice and after determination by the Engineer of the amount of work Page 5 satisfactorily performed, the Engineer shall determine the amount to be paid to the Consultant. 4.6.5 The right is reserved by tha Owner to suspend this Agreement at any time. The Engineer may affect 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 Engineer. 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 Engineer in the event of a delay attributed to the Owner or the Engineer, or because of unavoidable delays caused by an act of God, war, government actions, or similar causes beyond the reasonable control of the Consultant. 4.8 Mediation 4.8.1 In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Owner and the Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The Owner and the Consultant further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 4.9 Arbitration 4.9.1 In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement in accordance with Paragraph 4.8, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and pursuant to the arbitration procedures set out in Iowa Code Chapter 679A. Any arbitration pursuant to this paragraph or mediation pursuant to Paragraph 4.8.1 shall occur in Black Hawk County, Iowa. 4.10 Responsibility for Claims and Liability 4.10.1 The Consultant shall defend, indemnify and save harmless the Owner, the IDOT, 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. Page 6 4.11 Non -Raiding Clause 4.11.1 The Consultant shall not engage the services of any porson 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 Engineer, 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, 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, commission, percentage, brokerage fee, or counterpart fee. 4.15 Consultant's Endorsement on Plans 4.15.1 The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a Licensed Professional Engineer or Architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 4.16 Compliance With Title 49, Code of Federal Regulations 4.16.1 During the performance of this Agreement, the Consultant and its assignees and successors in interest agree as follows: 4.16.1.1 Compliance With Regulations 4.16.1.1.1 The Consultant will comply with the regulations of the U.S. Department of Transportation, relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. 4.16.1.2 Nondiscrimination 4.16.1.2.1 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 Page 7 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 it subconsultants agree(s) to ensure that disadvantaged business enterprises (DBE) 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: 4.16.1.6.1.1 Withholding of payments to the Consultant under the Agreement until the Consultant complies, and/or 4.16.1.6.1.2 Cancellation, termination, or suspension of the Agreement, in whole or in part. 4.16.1.7 Incorporation of Provisions 4.16.1.7.1 The Consultant will include the provisions of Article 4.16.1.1 through 4.16.1.6 of this Agreement in every subagreement, including procurements of materials and lease of equipment, unless exempt by the regulations, orders or instructions issued pursuant thereto. The Consultant will take such action with respect to any subagreement or procurement as the Owner, Iowa DOT or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Owner, the Iowa DOT or the United States to enter into such litigation to protect the interests of the Owner, the Iowa DOT and 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 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 FHWA, if applicable. The Iowa DOT and the 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 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. L\work\ADMIN\AGREE\PROF\WatDonaldStreet.doc ATTACHMENT A DONALD STREET IMPROVEMENTS WATERLOO, IOWA SCOPE OF SERVICES Project Description The project consists of the reconstruction of Donald Street from U.S. Highway 63 easterly to 100 feet east of Mildred Street. The project includes 1,750 feet of street reconstruction, storm sewer improvements, 4th Street intersection improvements and recreational trail. The side roads that connect to Donald Street will be reconstructed to meet the new grade on Donald Street. The following side roads are included in this project: Hope Street, Sherman Avenue, Boston Avenue, E. 4th Street and Mildred Street. It is estimated that the side roads will be reconstructed 50 feet from the proposed back of curb line of Donald Street, except E. 4th Street which will be reconstructed 250 feet north and south of Donald Street. Construction will begin on the east side of the U.S. Highway 63 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 and base mapping, right- of-way research, traffic analysis, conceptual design, storm sewer design, soils review, environmental documentation, public involvement, and preparation of plans 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: Survey, Utility Research, Right -of -Way Services and Environmental Documentation Task 1 - Survey. The previous survey from the Donald Street project designed in 1986 will be used as a starting point for the survey information. The existing utility locations will be referenced, and survey notes on utility accesses will be utilized for storm sewer design. To get an updated survey in state plane coordinate system, a topographic survey will be completed from Walgreen's Pharmacy east to 100 feet east of Mildred Street. Task 2 - Right-of-Wav Services. This task includes the research and identification of the existing right-of- way from U.S. Highway 63 east to Virden Creek. The starting point for the right-of-way information will be the U.S. Highway 63 project which includes the location of the section corners, property corner near U.S. Highway 63 and some existing property lines near U.S. Highway 63. The signed plats from the previous Donald Street project will be pulled from the project files and used as a basis for inputting the existing right-of-way lines. This task also includes the preparation of two acquisition plats and legal descriptions for the possible realignment of the Fourth Street intersection. Task 3 - Base Mapping and Utility Research. This task includes identifying the utility information from the final design of the 1986 project and placing it in the existing feature file. Iowa One Call will be contacted to get the names of the utility companies in the corridor and contacts will be made to get utility information. This task will take the survey information and merge it with the U.S. Highway 63 data to create an existing feature file with utilities, edge of pavement, driveways, sidewalks, utility accesses, trees and shrubs and other miscellaneous information displayed. As part of this task, a digital terrain model (DIM) will be developed from information gathered in the survey and from the U.S. Highway 63 project. Task 4 - Environmental Documentation. The Environmental Assessment and Section 4(f) Statement were completed in 1985. Given the length of time that has passed since then, a review of the project area is necessary in order to determine if the environmental process needs to be reopened. This task involves preparation of a memo discussing the project and potential impacts. This memo will be sent to Iowa DOT Office of Location and Environment for their review and comment. Coordination with Iowa DOT and the City is included as well. For purposes of this scope and staff hour estimate, it is assumed a Categorical Exclusion (CE) will be required as a result of the Iowa DOT's review of the memo. The GE is a two -three page document addressing impacts of the project. Coordination with Iowa DOT and the City is included. The CE will be distributed to IOWA DOT and City staff following approval. It is assumed that two (2) rounds of review comments will be necessary before the document is accepted. Broader distribution to local, state and federal agencies is generally not warranted and is not included. Conceptual Design Task 5 - Traffic Analysis. This task includes traffic counts at the 4th Street and Donald Street intersection. Using these traffic counts and the future development information north of Donald Street and along 4th Street, existing and future turning volumes will be generated. This information will be input into Synchro traffic analysis software to evaluate the intersection configuration described in the next task. A traffic signal warrant analysis will be completed at this intersection. Also included in this task will be a recommendation on the limits of the three -lane typical cross section. To limit cost, an evaluation is needed to determine if a two-lane concept is viable east of 4th Street. Task 6 - 41h Street Intersection Configuration. Currently there is an offset alignment on 4th Street at the Donald Street intersection. This task includes the development of two alternative intersection configurations. These alternatives include: • An intersection with left turn lanes and the offset alignment of 4th Street removed. • An intersection without left turn lanes and the offset alignment of 4th Street removed. The alternative analysis will include an estimated right-of-way impact and a traffic simulation based on the traffic identified during the traffic analysis. These alternatives will be presented in a technical memorandum for the City of Waterloo's review. Task 7 - Concept Statement. This task includes the preparation of a Standard Concept Statement for submittal to the Iowa DOT. Included in this task is the preparation of a planning level construction cost estimate. Preliminary Design The following tasks lead to the completion of the preliminary plan submittal to the Iowa DOT and the City of Waterloo: Task 8 - Alignment Design. This task includes fitting the proposed roadway and recreational trail within the existing right-of-way. The alignment will be based on the existing property corner locations and the typical cross section developed during the conceptual phase of the project. Task 9 - Profile Design. The profile developed in the previous Donald Street project will be used as a starting point. The profile will be checked and modified based on side road grades, entrance grades, current design standards and overall fit with existing conditions. Task 10 - Recreational Trail Design. It is anticipated that the recreational trail will be along the north side of Donald Street and incorporated in the typical cross section for design purposes. The recreational trail will be displayed within the typical cross sections and on the plan and profile sheets. Task 11 - Develop GEOPAK Criteria Files. This task will include setting up typical cross sections in GEOPAK Road Design Software package. Task 12 - Develop Cross Sections. This task will include the development of cross sections in GEOPAK and the development of construction limits. The cross sections will be modified to fit the conditions such as intersections and entrances. Task 13 - Title and Legend Sheets (A -Series Sheets). The title and legend sheets will be prepared in accordance with Iowa DOT standards. Task 14 - Typical Sections and Details (B -Series Sheets). Typical cross sections will be developed in accordance with Iowa DOT standards. Task 15 - Plan and Profile Sheets (D- and E -Series Sheets). It is estimated the 4 D -Series and 1 E - Series Sheets prepared on 11"x17" sheets at a scale of 1" = 40' will be prepared as part of this task. This task includes the preparation of the plan and profile sheets. Existing right-of-way, parcel ownership and possible proposed right-of-way will be displayed. Limits of entrance reconstruction, entrance profiles and the limits of side road reconstruction will be displayed. Construction limits will be displayed to show right - way impact, if any. Final Design The following tasks lead to the completion and submittal of the final paving and drainage plans for the project. The preliminary plans will be utilized with additional final plan information added. The final design will be completed in accordance with Iowa DOT Standards and Procedures for Local Systems Projects. Task 16 - Title and Legend Sheets (A -Series Sheet). This task includes revising the title sheet from the preliminary plans. Task 17 - Typical Sections and Details (B -Series Sheets). This task includes adding details and additional typical cross sections to the preliminary plans. Task 18 - Tabulations and Quantities (C -Series Sheets). Tabulations will be included for most bid items in accordance with Iowa DOT standards. Tabulations include a listing of the quantity calculations. Some of the major tabulations include the following: • Pavement and Subbase • Pavement Markings • Pavement Removal • Recreational Trail and Sidewalk • Pedestrian Curb Ramps • Entrances The quantities and estimate reference notes will be completed under this task. Task 19 - Plan and Profile Sheets (D- and E -Series Sheets). This task includes adding final design details to the plan and profile sheets. These details include removal notes and other miscellaneous notes. Task 20 - Geometric Layout Sheets (G -Series Sheets). This task includes the geometric layout sheets, including centerline layouts and tabulations, reference ties and benchmark data. Task 21 - Staging and Traffic -Control Design (J -Series Sheets). It is anticipated that Donald Street will be closed to traffic during construction. Access will be provided at all times to the Cedar Valley Cardiovascular Center. Access to the Gates Park Swimming Pool and Golf Course will be off of Mildred Street. This task includes the development of plan sheets showing possible staged construction to provide access as described above. This task also includes the development of temporary traffic control details and traffic control tabulation. Task 22 - Intersection Details (L -Series Sheets). This task includes preparation of final intersection geometric layouts, including intersection radius design, spot elevations, edge profiles and pavement jointing diagrams for paved intersections. It is anticipated that one intersection sheet is needed for each of the following intersections: Hope Street, Sherman Avenue, Boston Avenue and Mildred Street. It is anticipated that two intersection sheets will be needed for E. 4th Street intersection. Task 23 - Drainage and Storm Sewer Design (M -Series Sheets). As a starting point, the previous storm sewer design will be utilized. It is anticipated that the outlet for the storm sewer system will be through Gates Park Golf Course and across the 18th fairway as previously designed. This task includes the final design of the drainage system and tabulation of pipes and storm sewer structures. The final plan and profile layouts for each pipe are included in the scope. This task will be completed by Robinson Engineering, except for project coordination efforts. The following subtasks are included: • Storm Sewer Design • Subdrain Design, Including Tabulation • Tabulation of intakes, Utility Accesses and Storm Sewer Pipe" • Plotting of existing utilities on the storm sewer profile sheets. This includes existing water main and sanitary sewer. Task 24 - Signing Layout and Pavement Markings (N -Series Sheets). This task includes the development of plan sheets showing the proposed signing layouts and pavement markings. Task 25 - Sanitary Sewer and Water Main Details (U -Series Sheets). This task includes the design and development of sanitary sewer improvements near the intersection of Mildred Street. This task includes details for the sanitary sewer at this intersection. Task 26 - Design Cross Sections (W- and X -Series Sheets). This task includes preparation of final cross sections sheets for Donald Street and 4th Street. Cross sections will be drawn at 25 -foot intervals. Task 27 - Quality Control Review. This task consists of a quality control review of the plans by the senior staff engineers prior to submittal to the Owner. Task 28 - Final Revisions. This task includes final revisions of the check plans and final plans based on comments received from the City of Waterloo and the Iowa DOT. Task 29 - Printing and Submittals. This task includes printing and submittal of intermediate and final construction plans and other documents. Task 30 - Construction Cost Opinion. An opinion of probable construction cost will be prepared prior to the final plans and updated once prior to the final plan submittal. Task 31 - BIAS File. This task includes the development and submittal of the BIAS file information to be submitted to the Iowa DOT. Task 32 - Special Provisions. This task includes the preparation of special provisions which are required to supplement the Iowa DOT standard specifications. It is anticipated that certain design elements on this project may require special provisions. However, the extent of this task will be unknown until the final design is underway. Therefore, the scope of this task is represented by the estimated hours assigned to this task. Changes in the magnitude of this task, if necessary, will be handled by supplemental agreement. Exclusions to the Final Design The following design elements are not anticipated for the project and are not included in the scope. If necessary, these tasks will be added to the project by supplemental agreement. • Intersection and Roadway Lighting • Final Design of Traffic Signals at 4th Street • Water Main and Service Improvements • Sanitary Sewer and Service Improvements Beyond Fixture Adjustments and Improvements Near Mildred Street • Virden Creek Structure Public Involvement These tasks include preparation for and attendance at public informational activities as needed for the project. The following activities are included in the scope. Additional meetings and activities, if required, will be added to the scope by supplemental agreement. Task 33 - Public Informational Meeting. One public informational meeting is anticipated. The Consultant will prepare displays and handouts and prepare a summary of the meeting. The meeting will be conducted as an "open -house" format and will include a short presentation. The City will arrange the meeting space, complete any advance advertising and will participate in the meeting. Task 34 - Property Owner Meetings. A total of five (5) individual or small -group meetings are anticipated with property owners or neighborhood associations, either on-site or at City Hall. The Consultant will prepare a memo of each meeting. Task 35 - City Council Presentation. One presentation or work session will be held with the City Council during the final design phase. The work session is intended to provide two-way communications with City Council members to present the current status of the project and to receive comments on the design. Task 36 - Utility Company Coordination. This task consists of special coordination with private utility companies. Included in this task will be the exchange of intermediate plans and information with the utility companies, and periodic communications throughout the project. Task 37 - Presentation Materials. This task includes preparation of miscellaneous graphics and presentation materials which are not provided elsewhere in the scope, as requested by the City throughout the project. The extent of this work is limited to the staff -hours estimated for this task. Permit Applications The Consultant will assist the City with the preparation of permit applications for permits Task 38 -The preparation of SWPPP for NPDES. This task includes the preparation of a Storm Water Pollution Prevention Plan (SWPPP) for the construction site. Best Management Practices (BMPs) will be designed to limit contaminated runoff from leaving the site. This task will include completing the design and associated paperwork, obtaining approval of the design from City of Waterloo Engineering Department staff and assembling permit paperwork (including the actual permit and the associated newspaper publication information). Publishing the storm water notice and filing the permit is not included in this task. This task will be completed by Robinson Engineering. Task 39 - Iowa DOT Construction Permit. This task includes coordination with the Iowa DOT and submittal of project descriptions and attachments to obtain the permits for construction on Iowa DOT property. Project Administration and Meetings Task 40 - Proiect Meetings. This task includes preparation for and attendance at various project -related meetings to be held at Waterloo City offices or at the project site. The Consultant will provide a memo of each meeting. A total of three meetings are included as part of this task. Task 41 - Monthly Progress Reports. This task includes submittal of written monthly progress reports to the City throughout the project. The progress reports will include a summary of work completed during the month, a projection of work activities for the following month and schedule status. Task 42 - Project Team Coordination. This task includes internal coordination, communications, information exchange, scheduling and processing of payments. Task 43 - Project Administration. This task includes in-house, project -related administrative activities throughout the duration of this agreement. 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 construction staking, on- site field review, materials testing and contract administration during construction. L:lworklAD M I MAGREE\PRO F\Do na ld S cope. 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. Cross sections shall be plotted on 11"x17" sheets to the scale of 1"=10'vertical and 1"=10' horizontal. Earthwork computations will be computed by the end area method and summarized by balance points. Plans shall be prepared on 11"x17" sheets to a scale of 1"=20' in plan view and 1"=8' vertical in profile. Rock and earth quantities shall be shown separately on the plans. 2. Any Special Provisions required in addition to the Standard Specifications of the IDOT will be furnished by the Consultant. 3. Road plans shall include all pipe culvert and storm sewer plans. 4. 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. 5. The Consultant shall indicate proposed right-of-way lines, encroachments, etc., on the final construction plans. Station and distance from centerline to breaks in right-of-way line shall be shown. B. Right -of -Way Layout 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 new or proposed right-of-way line either by warranty deed or by permanent easement. b. The temporary easements necessary for the construction of the project, including haul roads and detours. c. Property lines, known section and 1/4 section lines and, in urban areas, city subdivisions, blocks and lot lines, and lot and block numbers. d. All existing right-of-way for state highways, county roads and city streets. e. The parcels should be numbered numerically and both parcel number and the names of all fee owners and/or contract purchasers should be placed on the plans within the limits of the property as plotted on the plans. f. A strip map showing the property ownerships along the proposed project. The strip map should be drawn to a scale that allows the entire ownership (Total Area) of each property to be shown. 2. To make up and complete a parcel file for each property involved with the project. The parcel should be established in the following manner: A parcel is defined as a tract or tracts of land having the following characteristics: a. Unity of ownership. b. Tracts that are contiguous or abutting (considered contiguous if separated only by a road, railroad, river or other natural barrier). c. Unity of use. Tracts farmed separately are not considered to be used as a unit. To be considered a parcel, the tract must include at least characteristics "a" plus one of the other characteristics ("b" or "c"). A tract of land lying in two or more sections and meeting the requisites for a parcel as shown above is considered to be one parcel. A separate parcel should not be made for each separate tract even though the tracts do lie in different sections. 2.1 The parcel file should contain the following: a. The original Piot Plan (Forms 632-011 and 632-012). b. The original Summary of Proposed Acquisition (Form 632-015). c. Copies of correspondence, notes, etc., that pertain to the parcel. d. Copy of area computation work sheets. 3. To make calculations of the different right-of-way taking areas necessary to complete the parcel files and right-of-way plans. 4. To conduct a field inspection of the project when a tentative right-of-way layout has been made. 5. To make corrections resulting from the field check to plans and parcel files. 6. To make revisions to right-of-way plans and parcel files due to change of ownerships, design revisions and revisions requested by property owners. 7. Plat and descriptions for right-of-way conveyances will be prepared by the Consultant. This work listed above shall be done as prescribed and in the manner set forth in the current Right -of -Way Design Manual. C. Miscellaneous Provision The following miscellaneous provision shall apply to the work to be performed and the engineering services to be furnished under this Agreement. 1. Owner Responsibility: The Owner will provide the following: a. Room arrangements and all advertising related to public informational meetings and hearings. b. Copies of proposed development layouts and future street layouts in the vicinity of Donald Street and E. 4th Street. c. Previously -developed traffic counts and forecasts in the project corridor. d. Right-of-way acquisition services, including obtaining reports of liens and/or abstractors' reports, appraisals, negotiations, acquisition, relocation services, closing and condemnation. ATTACHMENT C (Referenced From 3.1) Fees and Payments - Cost Plus Fixed Fee 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees in the amounts of the Consultant's actual cost plus applicable fixed fee amount. Consultant's actual costs shall include payments to any subconsultants. The estimated actual costs and fixed fee are shown below and are itemized in the following pages. 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 the supporting documents and as shown below. A contingency amount has been established to provide for actual costs that exceed those estimated. Estimated Actual Costs $126,500.00 Fixed Fee $14,500.00 Contingency $0.00 Maximum Amount Payable $141,000.00 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 Engineer 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 Engineer 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 forearly 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 Engineer 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 $141,000.00, which is the sum of the above amounts. The maximum amounts payable cannot 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 Engineer 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 Engineer 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. 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 and general overhead costs are 165% 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 cost 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 Engineer 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. Attachment C DONALD STREET IMPROVEMENTS U.S. HIGHWAY 63 TO GATES PARK GOLF COURSE WATERLOO, IOWA PRELIMINARY & FINAL DESIGN Cost Analysis 1. Direct Labor Cost (AECOM Technical Services) Category Hours Rate/Hour Amount Senior Professional 30 $80.00 $2,400.00 Project Professional 364 $53.50 $19,474.00 Staff Professional 190 $37.50 $7,125.00 Professional 0 $30.75 $0.00 CADD Operator 11 272 $28.50 $7,752.00 CADD Operator I 20 $20.20 $404.00 Senior Technician 0 $30.60 Technician 96 $22.70 $2,179.20 Project Support 64 $25.60 $1,638.40 $40,972.60 1036 II. Payroll Burden and Overhead Provisional Costs 165.00% $67,604.79 111. Direct Project Expenses Categorynits Rate/Unit Amount Mileage 400 0.5 200.00 Per Diem 0 40.00 0.00 Lodging 0 80.00 0.00 B/W Copies 7000 0.06 420.00 Color Copies 500 0.12 60.00 EDM Equipment 20 12.50 250.00 GPS Equipment 20 25.00 500.00 Miscellaneous, Other 300.00 IV. AECOM Techicai Services Estimated Actual Costs V. Subcontract Expense Robinson Engineering Company VI. Estimated Actual Costs VII, Fixed Fee VIII. Contingency IX. Maximum Amount Payable Rounded $16,200.00 $1,730.00 $110,307.39 $110,300.00 $16,200.00 $126,500.00 $14,500.00 $0.00 $141,000.00 US Highway 63 improvements From Newell Street to Donald Street Final Design Phase City et Waterloo, Iowa Staff Hour Estimate - AECOM Technical Services, Inc. Portion Description of Work Senior Eng/Prof Project Eng/Prof Staff Eng/Prof CADD Qp. 11 CADD Techniciar Op. I Project Support, Total Utility Rosearch, Right-otWay Services and Env. Documentation Survey, Survey 4 92 96 1. 2. Right -of -Way Services. 10 6 4 20 Mapping and Utility Research. 24 24 3. Base Environmental Documentation. 60 20 12 16 108 _ 4. 0 74 20 36 6 96 16 248 Subtotal Conceptual Design 5. Traffic Analysis. 40 10 50 6. 4th Street Intersection Configuration. 20 8 4 4 36 Concept Statement. 12 4 16 7. Subtotal 0 72 0 12 14 0 4 102 Preliminary Design - 8. Alignment Design. 12 12 9. Profile Design. 2 20 22 10. Recreational Trail Design. 2 12 14 11. Develop GEOPAK Criteria Files. 2 12 14 12. Develop Cross Sections. 28 28 13. Title and Legend Sheets (A -Series Sheets). 2 4 6 14. Typical Sections and Details. (B -Series Sheets). 8 12 20 15. Plan and Profile Sheets (D- and E -Series Sheets). 8 16, 24 Subtotal 0 24 32 0 0 0 140 Final Design 16. Title and Legend Sheets (A -Series Sheets) 2 2 4 17. Typical Sections and Details (B -Series Sheets) 4 8 12 18. Tabulations and Quantities. 28 248 60 19. Plan and Profile Sheets (0- and E -Series Sheets). 12 2832 72 20. Geometric Layout Sheets (G -Series Sheets . 6 6 21. Staging and Traffic Control Design (J -Series Sheets . 24 6 30 22. Intersection Details (L -Series Sheets). 2 40 42 23. Drainage and Storm Sewer Design (M -Series Sheets). (Robinson Engineering) 24. Signing Layout and Pavement Markings (N -Series Sheets). 8 12 20 25. Sanitary Sewer and Water Main Details (U -Series Sheets). 2 6 4 12 26. Design Cross Sections (W- and X -Series Sheets). 12 12 27. Quality Control Review. 16 2 18 28. Final Revisions. 12 16 28 29. Printing and Submittals. 4 8 12 30. Construction Cost Opinion. 4 4 31. BIAS File. 2 2 32. Special Provisions. 2 6 4 12 Subtotal 20 112 64 138 0 0 12 346 Public involvement 33. Public informational Meeting. 6 20 8 12 4 50 34. Property Owner Meetings. 20 2 2 24 35. City Council Presentation. 4 4 8 36. Utility Company Coordination._ 2 10 37. Presentation Materials. 16 2 18 Subtotal 6 52 8 36 0 0 8 110 Protect Administration and Meetings 39. SWPP and NPDES Permit. (Robinson Enpineering) 39. Iowa DOT Permit. 4 4 8 40. Project Meetings. 12 6 4 28 41. Monthly Progress Reports. 6 4 10 42. Project Team Coordination. 8 8 8 24 43. Project Administration. 4 16 20 Subtotal 4 30 14 18 0 0 24 90 TOTAL HOURS 30, 364 190 272 20 96 64 1,036 DONALD STREET INPROVEMENTS U.S. HIGHWAY 63 TO GATES PARK GOLF COURSE WATERLOO, IOWA Staff Hour & Cost Estimate Robinson Engineerng Company 1. Staff Hour Estimate Attachment C Task Senior Engineer Engineer Technician Admin Total Storm Sewer Design Preliminary & Final 8 50 45 10 113 Subdrain Design 2 8 8 2 20 SWPPP Preparation 4 50 15 2 71 Total 14 108 68 14 204 11. Labor Cost Senior Engineer Engineer Technician Administration Total Direct Expense Estimated Costs Rounded Contingency Maximum Amount Payable Hours 14 108 68 14 204 Rate Amount $103.00 $1,442.00 $86.00 $9,288.00 $70.00 $4,760.00 $40.00 $560.00 $16,050.00 $150.00 $16,200.00 $16,200.00 $0.00 $16,200.00 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 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 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 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. 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 Government, the department or agency may terminate this transaction for cause or default. (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 sworn (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. bscribed and sworn to this /15—A day of L:\worklADMI NIAGREEIPROFIAttBCDDonaldstr.doc 2010. 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 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 furnished 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 an • ' il. Joe A. Becker Vice President /r Made this / S -M day of J, 2010. L:\work\ADMI MAGREE\PROF"AttachEDonaldStr.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 his 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 expressing stated (if any): I acknowledge that this certificate is to be furnished to the lowa 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. Made this Ernest G. Clark Mayor day of LAworklADMI NIAGREETROF1Attach FDonaldStr.doc 2010. ‘,A