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HomeMy WebLinkAboutShive-Hattery, inc. - Retiming of traffic signals-8/14/2017Attachment D to I.M. 3.305 February 27, 2017 Contract No. [XXXXX] Owner Project No. TOF-266 Iowa DOT Project No. STP -A-8155(754)--86-07 Standard Consultant Contract For Local Public Agency Consultant Contracts with Federal -aid Participation This AGREEMENT, made as of the date of the last party's signature below, is by and BETWEEN City of Waterloo, the Owner, located at: 715 Mulberry Street Waterloo, IA 50703 Phone: (319) 291-4323 FAX: (319) 291-4571 and Shive-Hattery, Inc., the Consultant, located at: 316 Second Street SE, Suite 500, PO Box 1803 Cedar Rapids, IA 52406-1803 Phone: (319) 364-0227 FAX: (319) 364-1778 For the following Project: Downtown Traffic Signal Retiming - The study area includes 47 signalized intersections limited by Walnut Street, to the northeast, 6th Street, to the southeast, Washington Street, to the southwest, and US 63 southbound, to the northwest. See attached map. The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S. Department of Transportation (when applicable). The Owner desires to employ the Consultant to provide data collection, traffic analysis, modeling, and traffic signal retiming services to assist with the development and completion of the Project. The Consultant is willing to perform these services in accordance with the terms of this Agreement. Page 1 of 27 Attachment D to I.M. 3.305 February 27, 2017 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 1.5 Minimum Qualification Standards 2 Entire Agreement, Required Guidance and Applicable Law 2.1 Entire Agreement of the Parties 2.2 Required Guidance 2.3 Applicable Law 3 Form of Compensation 3.1 Method of Reimbursement for the Consultant 3.2 Subconsultant's Responsibilities for Reimbursement 4 Terms and Conditions 4.1 Ownership of Engineering Documents 4.2 Subconsultant Contract Provisions and Flow Down 4.3 Consultant's Endorsement on Plans 4.4 Progress Meetings 4.5 Additional Documents 4.6 Revision of Work Product 4.7 Extra Work 4.8 Extension of Time 4.9 Responsibility for Claims and Liability 4.10 Current and Former Agency Employees (Conflicts of Interest) 4.11 Suspension of Work 4.12 Termination of Agreement 4.13 Right to Set-off 4.14 Assignment or Transfer 4.15 Access to Records 4.16 Iowa DOT and FHWA Participation 4.17 Nondiscrimination Requirements 4.18 Compliance with Title 49, Code of Federal Regulations, Part 26 4.19 Severability Attachment A - Scope of Services Attachment B - Specifications Attachment C - Fees and Payments Attachment C-1 — Cost Analysis Worksheet Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters Attachment E - Certification of Consultant Attachment F - Certification of Owner Attachment G - Sample Invoice Form Attachment H - Consultant Fee Proposal Attachment I - Subconsultant Scope and Budget Page 2 of 27 Attachment D to I.M. 3.305 February 27, 2017 ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Project Parameters The objective or use is: Improve traffic operations efficiency and reduce traffic emissions. 1.2 Financial Parameters 1.2.1 Amount of the Owner's budget for the Consultant's compensation is: $193,445 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: $28,440 1.3 Project Team 1.3.1 The Owner's Designated Representative, identified as the Contract Administrator is: Jeff Bales The Contract Administrator is the authorized representative, acting as liaison officer forthe Ownerfor 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: Justin Campbell 1.3.3 The subconsultants retained at the Consultant's expense are identified in the following table: Subconsultant Amount Authorized Maximum Amount Payable Method of Payment Iowa -Counts $28,440 $28,440 Lump Sum 1.4 Time Parameters 1.4.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 1.4.2 Milestones for completion of the work under this Agreement as follows (based on a contract approval by August 18, 2017): 1. The data collection task shall be completed and accepted on or before December 31, 2017 or 77 calendar days after receiving the notice to proceed (whichever is greater). 2. Proposed traffic signal timings shall be completed and in a form acceptable to the Owner on or before June 30, 2018. 3. Completion of all work under this agreement shall be on or before July 31 „2018 unless extended by written approval of the Contract Administrator or adjusted by supplemental 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 Ownerwill provide the Consultant notice to proceed with final design activities. 1.5 Minimum Qualification Standards (MQS) 1.5.1 The Consultant and their subconsultants are required to meet the Minimum Qualifications Standards (MQS) requirements of specified work categories as defined in the Iowa DOT's Policy and Procedure Manual (PPM), Policy No. 300.04, at the time of contract execution, and for the duration of the contract. Work under this contract will require the consultant team to meet the requirements of Work Page 3 of 27 Attachment D to I.M. 3.305 February 27, 2017 Category Traffic Control Systems Analysis, Design and Implementation. Failure to meet the requirements during the contract will result in cancellation of any remaining portion of the contract. 1.5.2 All services within this agreement shall be performed by the Consultant or subconsultant who meets the MQS of the specified work categories as defined Iowa DOT PPM 300.04. If no work category exists for a particular service, normal methods of acceptance shall be used, such as experience, typical licensure, certification or registration, or seals of approval by others. ARTICLE 2 ENTIRE AGREEMENT, REQUIRED GUIDANCE, AND APPLICABLE LAW 2.1 Entire Agreement of the Parties. 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 bywritten instrument signed by both Owner and Consultant. This Agreement comprises the documents listed as attachments in the Table of Contents. 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. 2.2 Required Guidance. All services shall be in conformity with the Specifications outlined in Attachment B, the Iowa Department of Transportation Federal -aid Project Development Guide, Instructional Memorandums to Local Public Agencies (I.M.$), and other standards, guides or policies referenced therein. 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. 2.3 Applicable Law. 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 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. The Consultant shall comply with all Federal, State and local laws and ordinances applicable to the work performed under this Agreement. ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement for the Consultant. 3.1.1 Compensation for the Consultant shall be computed in accordance with one of the following compensation methods, as defined in Attachment C: .1 [ ] Cost Plus Fixed Fee - Attachment C .2 [ ] Lump Sum - Attachment C .3 [ X ] Specific Rate of Compensation - Attachment C .4 [ ] Unit Price - Attachment C .5 [ ] Fixed Overhead Rate -Attachment C 3.1.2 When applicable, compensation for the subconsultant(s) shall be computed in accordance with one of the payment methods listed in section 3.1.1. Refer to section 1.3.3 for identification of the method of payment utilized in the subconsultant(s) contract. The compensation method utilized for each subconsultant shall be defined within the subconsultant contract to the Consultant. 3.2 Subconsultant's Responsibilities for Reimbursement. The Consultant shall require the subconsultants (if applicable) to notify them if they at anytime determine that their costs will exceed their estimated actual costs. The Consultant shall not allow the subconsultants to exceed their estimated actual costs without prior written approval of the Contract Administrator. The prime Consultant is cautioned that cost under -runs associated with any subconsultant's contract are not available for use by the prime Consultant or other subconsultant unless the Contract Administrator, Iowa DOT, and FHWA (when applicable) have given prior written approval. Page 4 of 27 Attachment D to I.M. 3.305 February 27, 2017 ARTICLE 4 TERMS AND CONDITIONS 4.1 Ownership of Engineering Documents 4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the Owner and shall be delivered to the Contract Administrator upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitation on their future use by the Owner, except any use on extensions of the project or on any other project without written verification or adaptation bythe Consultant for the specific purpose intended will be the Owner's sole risk and without liability or legal exposure to the Consultant. 4.1.2 The Owner acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the Owner upon completion of the services and payment in full of all moneys due to the Consultant. 4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment B. Any change to these specifications by either the Owner or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. 4.1.4 The Owner is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. 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 Subconsultant Contract Provisions and Flow Down 4.2.1 All provisions of this Agreement between the Owner and Consultant shall also apply to all subconsultants hired by the Consultant to perform work pursuant to this Agreement. It is the Consultant's responsibility to ensure all contracts between Consultant and its subconsultants contain all provisions required of Consultant in this Agreement. The only recognized exception to this requirement is under provision 3.1.2 when the subconsultant has a different method of reimbursement than the Consultant. 4.2.2 The Consultant may not restrict communications between the Owner and any of the subconsultants. The Consultantwill encourage open communication among the Owner, the Consultant and the subconsultants. 4.3 Consultants Endorsement on Plans. The Consultant and its subconsultants shall endorse and certify the completed project deliverables prepared under this Agreement, and shall affix thereto the seal of a professional engineer or architect (as applicable), licensed to practice in the State of Iowa, in accordance with the current Code of Iowa and Iowa Administrative Code. 4.4 Progress Meetings. 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 Documents. At the request of the Contract Administrator, the Consultant shall furnish sufficient documents, or other data, in such detail as may be required for the purpose of review. 4.6 Revision of Work Product Page 5 of 27 Attachment D to I.M. 3.305 February 27, 2017 4.6.1 Drafts of work products shall be reviewed by the Consultant for quality control and then 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." 4.6.2 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 to the project schedule. The above and foregoing is not to be construed as a limitation of the Owner's right to seek recovery of damages for negligence on the part of the Consultant herein. 4.6.3 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 4.7. 4.7 Extra Work. 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 Consultant shall promptly develop a scope and budget for the extra work and submit it to the Contract Administrator. The Ownerwill provide extra compensation to the Consultant upon the basis of actual costs plus a fixed fee amount, or at a negotiated lump sum. The Consultant shall not proceed with "Extra Work" without prior written approval from the Owner and concurrence from the Iowa DOT. Prior to receipt of a fully executed Supplemental Agreement and written Notice to Proceed, any cost incurred that exceeds individual task costs, or estimated actual cost, or the maximum amount payable is at the Consultant's risk. The Owner has the right, at its discretion, to disallow those costs. However, the Owner shall have benefit of the service rendered. 4.8 Extension of Time. 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 beyond the reasonable control of the Consultant. 4.9 Responsibility For Claims And Liability 4.9.1 The Consultant agrees to defend, indemnify, and hold the Owner, the State of Iowa, the Iowa DOT, their agents, employees, representatives, assigns and successors harmless for any and all liabilities, costs, demands, losses, claims, damages, expenses, or attorneys' fees, including any stipulated damages or penalties, which may be suffered by the Owneras the result of, arising out of, or related to, the negligence, negligent errors or omissions, gross negligence, willfully wrongful misconduct, or breach of any covenant or warranty in this Agreement of or by the Consultant or any of its employees, agents, directors, officers, subcontractors or subconsultants, in connection with this Agreement. 4.9.2 The Consultant shall obtain and keep in force insurance coverage for professional liability (errors and omissions) with a minimum limit of $1,000,000 per claim and in the aggregate, and all such other insurance required by law. Proof of Consultant's insurance for professional liability coverage and all such other insurance required by law will be provided to the Owner at the time the contract is executed and upon each insurance coverage renewal. 4.10 Current and Former Agency Employees (Conflicts of Interest) The Consultant shall not engage the services of any current employee of the Owner or the Iowa DOT Page 6 of 27 Attachment D to I.M. 3.305 February 27, 2017 unless it obtains the approval of the Owner or the Iowa DOT, as applicable, and it does not create a conflict of interest under the provisions of Iowa Code section 6813.2A. The Consultant shall not engage the services of a former employee of the Owner or the Iowa DOT, as applicable, unless it conforms to the two-year ban outlined in Iowa Code section 6813.7. Similarly, the Consultant shall not engage the services of current or former FHWA employee without prior written consent of the FHWA, and the relationship meets the same requirements for State and local agency employees setforth in the above - referenced Iowa Cade sections and the applicable Federal laws, regulations, and policies. 4.11 Suspension of Work under this Agreement 4.11.1 The right is reserved by the Owner to suspend the work being performed pursuant to this Agreement at any time. The Contract Administrator may effect such suspension by giving the Consultant written notice, and it will be effective as of the date established in the suspension notice. Payment for the Consultant's services will be made by the Ownerto the date of such suspension, in accordance with the applicable provisions in Article 4.12.2 or Article 4.12.3 below. 4.11.2 Should the Ownerwish 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. 4.11.3 In the event the Owner suspends the work being performed pursuant to this Agreement the Consultant with approval from the Contract Administrator, has the option, after 180 days to terminate the contract. 4.12 Termination of Agreement 4.12.1 The right is reserved by the Owner to terminate this Agreement at anytime and for any reason upon not less than thirty (30) days written notice to the Consultant. 4.12.2 In the event the Agreement is terminated by the Owner without fault on the part of the Consultant, the Consultant shall be paid for the reasonable and necessary work performed or services rendered and delivered up to the effective date or time of termination. The value of the work performed and services rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Contract Administrator and to the Consultant. The Consultant shall be paid a portion of the fixed fee, plus actual costs, as identified 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 Maximum Amount Payable. 4.12.3 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the Consultant shall be paid only for work satisfactorily performed and delivered to the Contract Administrator up to the date established by the termination notice. After audit of the Consultant's actual costs to the date established by the Contract Administratorin 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. 4.12.4 This Agreement will be considered completed when the scope of the project has progressed sufficiently to make it clear that the proposed traffic signal timings 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. 4.13 Right to Set-off. In the event that the Consultant owes the Owner any sum under the terms of this Contract, the Ownermay set off the sum owed to the Owneragainst any sum owed by the Ownerto the Consultant under any other contract or matter in the Owner's sole discretion, unless otherwise required by law. The Consultant agrees that this provision constitutes proper and timely notice of the Owner's intent to utilize any right of set-off. 4.14 Assignment or Transfer. The Consultant is prohibited from assigning or transferring all or a part of its interest in this Agreement, unless written consent is obtained from the Contract Administrator and concurrence is received from the Iowa DOT and FHWA, if applicable. Page 7 of 27 Attachment D to I.M. 3.305 February 27, 2017 4.15 Access to Records. 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 closure of the Federal -aid project with FHWA, for inspection and audit by the Owner, the Iowa DOT, the FHWA, or any authorized representatives of the Federal Government, and copies thereof shall be furnished, if requested. 4.16 Iowa DOT and FHWA Participation. The work under this Agreement is contingent upon and subject to the approval of the Iowa DOT and FHWA, when 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 as well as any final deliverable. 4.17 Nondiscrimination Requirements. 4.17.1 During the performance of this Agreement, the Consultant agrees to comply with the regulations of the U.S. Department of Transportation, contained in Title 49, Code of Federal Regulations, Part 21, and the Code of Iowa, Chapter 216. The Consultant will not discriminate on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in its employment practices, in the selection and retention of subconsultants, and in its procurement of materials and leases of equipment. 4.17.2 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 age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability. 4.17.3 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, or the Agreement is otherwise suspended or terminated. 4.17.4 The Consultant shall comply with the following provisions of Appendix Aof the U.S. DOT Standard Assurances: During the performance of this contract, the Consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "Consultant') agrees as follows: 1. Compliance with Regulations: The Consultant shall comply with the Regulations relative to non- discrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: 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 leases of equipment, each potential subconsultant or supplier shall be notified by the Consultantof the Consultants obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The Consultant shall provide all information and reports required by the Page 8 of 27 Attachment D to I.M. 3.305 February 27, 2017 Regulations or directives issued pursuant there to, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner, the Iowa Department of Transportation or Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information the Consultant shall so certify to the Owner, the Iowa Department of Transportation or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultants noncompliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it, the Iowa Department of Transportation or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Consultant under the contract until the Consultant complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Owner, the Iowa Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: provided, however, that, in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultantor supplier as a result of such direction, the Consultant may request the Owner or the Iowa Department of Transportation to enter into such litigation to protect the interests of the Owner or the Iowa Department of Transportation; and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 4.18 Compliance with Title 49, Code of Federal Regulations, Part 26 4.18.1 The Consultant agrees 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. 4.18.2 The Consultant shall pay its subconsultants for satisfactory performance of their work no later than 30 days from receipt of each payment it receives from the Owner for such work. If the Owner holds retainage from the Consultant, the Consultant may also withhold retainage from its subconsultant(s). If retainage is withheld from a subconsultant, full payment of such retainage shall be made within 30 days after the subconsultant's work is satisfactorily completed. 4.18.3 Upon notification to the Consultant of its failure to carry out the requirements of this Article, the Owner, the Iowa DOT, or the FHWA may 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 is hereby advised that failure to fully comply with the requirements of this Article shall constitute a breach of contract and may result in termination of this Agreement by the Owner or such remedy as the Owner, Iowa DOT or the FHWA deems appropriate, which may include, but is not limited to: 1. withholding monthly progress payments; 2. assessing sanctions; 3. liquidated damages; and / or 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. Page 9 of 27 Attachment D to I.M. 3.305 February 27, 2017 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dales below. Shive-Hattery, Inc. By Date: —7/ Z Bryan Benjamin, P.E. Project Manager ATTFy9- . By i/ 1il"s City of Waterloo (: CUf'Y-"kn-4-cs-r� Date: Z Date: g�l*it 7 IOWA DEPARTMENT OF TRANSPORTATION Accepted for FHWA Authorization* By Date: Name ^rig "lA xfG` Z Title ��P�LT�VI. * The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. Page 10 of 27 Attachment D to I.M. 3.305 February 27, 2017 ATTACHMENT A Scope of Services Study Area: The study area was defined in the RFP and includes 47 signalized intersections limited by Walnut Street, to the northeast, 61h Street, to the southeast, Washington Street, to the southwest, and US 63 southbound, to the northwest. Task 1: Preliminary Project Items Task 1 a: Kickoff Meeting with the City of Waterloo Traffic Department and site visit. Task 1 b: Prepare Design of Non -Motorized Traffic Data Collection and Analysis Plan. Task 1c: Review Existing Documentation on Signal Design. Task 2: Traffic Data Collection Task 2a: Collect Turning Movement Counts. Turning movement counts will be collected at 37 intersections included in the RFP, as follows: a. Weekday (one day, Tuesday -Thursday) 7:00-9:00 AM, 11:00 AM — 1:00 PM and 4:00-6:00 PM peak periods b. Monday 7:00-9:00 AM peak period c. Friday 4:00-6:00 PM peak period d. Saturday 2:00 PM — 6:00 PM peak period Task 2b: Collect Non -Motorized Data. Bicycle and pedestrian counts will be collected at up to ten (10) intersections to be defined during the kickoff meeting. Data will be collected at the following times: a. Weekday (one day, Tuesday -Thursday) 7:00-9:00 AM, 11:00 AM — 1:00 PM and 4:00-6:00 PM peak periods b. Monday 7:00-9:00 AM peak period c. Friday 4:00-6:00 PM peak period d. Saturday 2:00 PM — 6:00 PM peak period Task 2c: Collect Field Travel Time Data and Delay Before Signal Retiming Implementation. Travel times will be collected along the US 63 and 51h/6'h Street one-way pair corridors, in both directions, during weekday (one day, Tuesday -Thursday) 7:00-9:00 AM, and 4:00-6:00 PM peak periods, in a total of four (4) travel times. Task 3: Traffic Models — Existing Timing Task 3a: Develop Traffic Models - Vistro The consultant will develop traffic models with existing conditions using Vistro software package for the following six (6) time periods: a. Weekday (Tuesday -Thursday) AM, MD and PM peak periods b. Monday AM peak period c. Friday PM peak period d. Saturday PM peak period The existing conditions models will be calibrated using queue lengths on the through main direction of travel at up to eight (8) intersections to be selected, totaling up to sixteen (16) approaches. Task 3b: Develop Traffic Models - Vissim Using the Vistro models developed in Task 3a, the consultant will develop traffic models with existing conditions using Vissim software package for the weekday (Tuesday -Thursday) AM, and PM peak period models. Additional calibration will be performed in the existing conditions models using travel times along the US 63 and 51h/61h Street one-way pair corridors, in both directions, during weekday (Tuesday - Page 11 of 27 Attachment D to I.M. 3.305 February 27, 2017 Thursday) AM and PM peak periods, in a total of four (4) travel times. Travel times will be collected before construction starts on US 63. Task 4: Traffic Models — Proposed Timing Task 4a: Develop Traffic Models - Vistro The consultant will develop traffic models with proposed conditions using Vistro software package for the following six (6) time periods: a. Weekday (Tuesday -Thursday) AM, MD and PM peak periods b. Monday AM peak period c. Friday PM peak period d. Saturday PM peak period Task 4b: Develop Traffic Models - Vissim Using the Vistro models developed in Task 4a, the consultant will develop traffic models with retimed conditions using Vissim software package for the weekday (Tuesday -Thursday) AM, and PM peak period models. Additional calibration will be performed in the existing conditions models using travel times along the US 63 and 61/6'h Street one-way pair corridors, in both directions, in all two peak hours, in a total of four (4) travel times. Travel times for the weekday (Tuesday -Thursday) AM, and PM peak period models with existing conditions will be collected during the calibration phase and before construction starts on US 63. Task 4c: Develop Traffic Models — Collect Measures of Effectiveness (MOEs) The consultant will collect three MOEs (to be selected among speed, travel time, delays and emissions) for the weekday (Tuesday -Thursday) AM, and PM peak period retimed models, which will be used in a benefit analysis of the retiming process. Task 5: Prepare Traffic Report The consultant will develop a draft and a final report to document the methodology, analyses, findings and recommendations of the signal retiming study. The report will also include a section for non -motorized traffic. The non -motorized section will include: • A summary of local planning documents as they pertain non -motorized traffic, • Identify opportunities and constraints within the study area roadway network, • A review of up to three Bicycle Friendly Communities (BFC) gold status cities (e.g. Seattle, WA, Minneapolis, MN, and Palo Alto, CA) bicycle plans to identify potential policies, improvement options, and initiatives that,may be applicable in Waterloo. Task 6: Signal Retiming Implementation The consultant will prepare a signal time implementation plan to be executed by others. Task 7: Field Travel Time and Delay Data. Collect field travel and delay after signal time implementation. This data will be collected at the same locations defined in Task 2c and will be used to evaluate benefits of the traffic signal retiming. Task 8: Project Management, Meetings, and General Coordination This task includes one (1) meeting with the City of Waterloo at the end of the project, two (2) conference calls with the City of Waterloo on dates to be defined during the kickoff meeting, and other typical project management tasks. It is understood by the Owner and the Consultant that the level and frequency of Progress Reporting shall be mutually established for each project, taking into account the complexity and duration of the work to be performed. For this specific project it is agreed that progress reporting will be provided on a monthly basis. It is understood by the Owner and the Consultant that the task detail associated with the 85% budget notification shall be mutually established for each project in relation to the complexity and duration of the work to be performed. For this specific project it is agreed that all work contemplated in the agreement will be considered as eight task(s). It is further agreed that the 85% budget notification requirements will be required for this Agreement Page 12 of 27 Attachment D to I.M. 3.305 February 27, 2017 based on the volume of work assigned, duration, complexity, and rate of progress anticipated on the project. The Consultant will monitor and review updates to the Iowa DOT's Instructional Memorandums (I.M.$), Road Design Manual, Standard Road Plans, Road Design Details. Updates requiring no additional effort on the part of the Consultant will be incorporated into the work by the Consultant. If the Consultant is of the opinion additional effort will be required, the Consultant will so notify the Contract Administrator, in accordance with Paragraph 4.7. The Contract Administrator will provide written approval or disapproval for the Consultant to incorporate said update into the work and indicate how payment for such work will be addressed. Page 13 of 27 Not applicable ATTACHMENT B Specifications Page 14 of 27 Attachment D to I.M. 3.305 February 27, 2017 ATTACHMENT C (referenced from 3.1) Specific Rate of Compensation 3.1.1 FEES AND PAYMENTS Attachment D to I.M. 3.305 February 27, 2017 3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees not to exceed the maximum amount payable under this Agreement of $ 193.445. The maximum amount payable will not be changed unless there is a substantial change in the magnitude, scope, character, or complexity of the services from those covered in this Agreement. Any change in the maximum amount payable will be by Supplemental Agreement. A contingency amount of $ 13.940 has been established for this Agreement and is included in the maximum amount payable. Written request by the Consultant indicating the need and written approval by the Contract Administrator and concurrence from the Iowa DOT are needed prior to usage of the contingency amount. The current schedule of billing rates (direct labor rate, overhead, and fixed fee) are set forth in Attachment C-1. The Consultant may submit for approval a revised rate schedule once during the contract period. This revision may include a revised overhead rate and revised direct labor rates. The revised rate schedule should be submitted to the Contract Administrator for approval and by the Contract Administrator's written approval it shall become a part of this Agreement. 3.1.1.2 Reimbursable Costs. The Consultant shall be reimbursed for direct non -salary costs which are directly attributable and properly allocable to the work. The Consultant will be required to submit a detailed listing of direct non -salary costs incurred and certify that such costs are not included in the overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges, and materials and supplies. Reimbursement of costs is limited to those that are attributable to the specific work covered by this Agreement and allowable under the provisions of the Code of Federal Regulations (CFR), Title 48, Federal Acquisition Regulation System, Subchapter E., Part 30 (when applicable), and Part 31, Section 31.105 and Subpart 31.2. In addition to Title48 requirements, for meals to be eligible for reimbursement, an overnight stay will be required. 3.1.1.3 Premium Overtime Pay. Not applicable. 3.1.1.4 Payments. Monthly payments for work completed shall be based on the services completed at the time of the billing and substantiated by monthly progress reports in a form that follows the specific rate schedule. The Contract Administrator will check such progress reports and payment will be made for the hours completed at each rate and for direct non -salary costs incurred during said month. Invoices shall clearly identify the beginning and ending dates of the prime's and subconsultant's billing cycles. All direct and indirect costs incurred during the billing cycle shall be invoiced. Costs incurred from prior billing cycles and previously not billed, will not be allowed for reimbursement unless approved by the Contract Administrator. Upon completion, delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and amounts earned. Payment of 100% of the total cost claimed, inclusive of retainage, if applicable, will be made upon receipt and review of such claim. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 15 of 27 Attachment D to I.M. 3.305 February 27, 2017 ATTACHMENT C-1 Cost Analysis Worksheet Page 16 of 27 Contract xxxxx, Base Agreement Project Number: STP -A-8155(754)--86-07 I. Direct Labor Cost (Prime Only) Cateoory Hours Rate/Hour Amount Project Manager 56 37.98 2,126.88 Project Leader 190 42.55 8,084.50 Sr. Quality Reviewer 20 42.55 851.00 Trans. Engr. 34 35.82 1,217.88 Traffic Planner 806 30.05 24,220.30 Jr. Trans. Engr. 166 26.44 4,389.04 Office Assistant 19 25.90 492.10 Payroll total $41:381.70 II. Combined Overhead (COH) & Facilities Capital Cost of Money (FCCM) Costs (Prime Only) IIA. Indirect Cost Factor: (181.91% X 1) $75,277.45 Combined Overhead total: $75.277.45 III. Direct Project Expenses (Prime Only) Traffic Camera Use Fee $14,040 Mileage $554.381046 miles @ $0.53 Miovision $8,145 Total Direct Project Expenses $22.739.38 IV. Estimated Actual Costs (EAC) (Prime Only) (I + 11 + III) $139.399 (Rounded) V. Fixed Fee (Prime Only) (10 % X (I + IIA)) $11,665.92 Fix Fee total: $11.666 (Rounded) VI. Contingency (Prime Only) 10% X (I + II + III) $13.940 (Rounded) VII. Subconsultant Expenses Iowa -Counts Total Costs (EAC+FF+Cont.) LS $28 440 Total Subcontractor Costs $28.440 (Rounded) VIII. Specific Rate of Compensation Agreement Total (IV + V + VI + VII) $193.445 (Maximum Amount Payable) (Rounded) Page 16 of 27 Attachment D to I.M. 3.305 February 27, 2017 ATTACHMENT D CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. 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. 3. 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 or default. 4. 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. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier coveredtransaction," "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. 6. 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. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. 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. 9. 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. 10. 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. Page 17 of 27 Attachment D to I.M. 3.305 February 27, 2017 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 of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. State of Iowa Linn County I Bryan Benjamin, Project Manager of the Shive-Hattery, Inc. Company, 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. Z2?— ` (Signat Subscribed and sworn to this Z y-rL day of (r onth) (year) Page 18 of 27 .r ry ROXANNE KROPF ¢i Commission Number 731543 AW My Commission Expires WW'VJanuary 03, 2020 Attachment D to I.M. 3.305 February 27, 2017 ATTACHMENT E CERTIFICATION OF CONSULTANT I hereby certify that I, Bryan Benjamin, am the Project Manager and duly authorized representative of the firm of Shive-Hattery, Inc., whose address is 316 Second Street SE, Suite 500, Cedar Rapids, IA 52401, and that neither the above firm nor I has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant) to solicit or secure this contract, (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) Paid, or agreed to pay, to any firm, organization or person (otherthan a bona fide employee working solely for me or the above Consultano any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. SignatutV Page 19 of 27 -7/ 2H/ 1% Date Attachment D to I.M. 3.305 February 27, 2017 ATTACHMENT F CERTIFICATION OF OWNER I hereby certify that[, [name of signatory], am the [title of signatory] 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 contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Datef�p� �rco� Page 20 of 27 Attachment D to I.M. 3.305 February 27, 2017 ATTACHMENT G Page 1 Shive-Hattery, Inc. 316 Second Street SE, Suite 500 PO Box 1803 Cedar Rapids, IA 52406-1803 Specific Rate Progressive Invoice Invoice No. Invoice Period Covered Consultant Job No. Direct Expenses Mileage Per Diem CADD Estimated Actual Costs (Prime Only] (See Note 1) Subconsultants (including authorized contingency) Name Name Name Total Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours Date Client Project No. County Client Project Description Client Contract No. To Date Period Note 1: Do not include Subconsultant Expenses. Include Labor Dollars and Direct Expenses for Prime Consultant only. Page 21 of 27 Shive-Hattery, Inc. 316 Second Street SE, Suite 500 PO Box 1803 Cedar Rapids, IA 52406-1803 Invoice No. Invoice Period Covered Consultant Job No. Labor Dollars (2002) Labor Dollars (2001) Labor Dollars (2000) Labor Dollars (1999) Direct Expenses Mileage Per Diem CADD Estimated Actual Costs [Prime Only] (See Note 1) Subconsultants (including authorized contingency) Name Name Name Total Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours (2002) Labor Hours (2001) Labor Hours (2000) Labor Hours (1999) ATTACHMENT G Page 2 Specific Rate Final Invoice Date Client Project No. County Client Project Description Client Contract No. To Date Attachment D to I.M. 3.305 February 27, 2017 Current Note 1: Do not include Subconsultant Expenses. Include Labor Dollars and Direct Expenses for Prime Consultant only Page 22 of 27 Attachment D to I.M. 3.305 February 27, 2017 ATTACHMENT G Page 3 Specific Rate Final Invoice Instructions Employee Labor Hours and Dollars: A final cumulative job cost report that shows a breakdown of labor by fiscal year, employee name, employee labor hours and employee labor rate is required. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Direct Expenses: A final cumulative job cost report that shows a breakdown of direct expenses by specific item (mileage, CADD, per diem, etc....) by fiscal year is required. Direct expense items charged should identify the number of units (miles, hours, prints, copies, feet, etc....) and the rate applied by fiscal year. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Subconsultant: Final invoice requirements for subconsultants with specific rate contracts are the same as the requirements for the prime consultant. It is the prime consultant's responsibility to assure such an invoice is acquired and attached to the prime's final invoice. Page 23 of 27 Attachment D to I.M. 3.305 February 27, 2017 ATTACHMENT H Consultant Fee Proposal Direct Expanses Employee Hours .$14,040.00 Mileage D o v o n m Task Description w a or �' w e v a si a ti n' VII. subconsultant O j1 p ' a @w iz �w E a N F F F Q Task 1: Preliminary Project a. Kickoff Meeting with the City of 8 8 Items Waterloo Traffic Department; site Usit to Prepare Design of Non-Motonzed 2 4 Traffic Data Collection and Analysis Plan c. Redew Existing Documentation on 4 8 Signal Design Task 2: Traffic Data Collection a. Collect Turning Movement Counts 8 8 40 b. Collect Non-Molonzed Data 8 8 40 c. Collect Field Travel Time Data and Delay Before Signal Retiming 2 24 Implementation Task 3: Traffic Models - a. Develop Traffic Models - Vistro 40 116 28 Existing Timing to Develop Traffic Models - Vissim 20 118 Task 4: Traffic Models - a. Develop Traffic Models -Vistro 18 80 16 Proposed Timing b. Dewlop Traffic Models - Vissim 20 84 c. Develop Traffic Models - Collect 60 Measures of Effectiveness (MOE) Task 5: Prepare Traffic Report 52 16 32 160 Task 6: Signal Retiming Implementation 80 Task 7. Field Trawl Time and Delay Data 1 40 40 Task 8: Project Management, Meetings, and General Coordination 56 8 4 1 2B 2 19 Total Home 56 190 20 34 806 166 19 Compensation Per Hour $37.98 $42.55 $42.55 $35.82 1 $30.05 $26.44 $25.90 Total Compensation Per Employee $2,126.881$8,084.50 $851.00 $1,217.88 1 $24,220.30 1$4,389.04 1 $492.10 I. Direct Labor Cost $41,381.70 If. Overhead (181.91%) $75,277.45 V. Fixed Fee (10%) $11,665.92 Labor Grand Total $128,325.07 Direct Expanses Traffic Camera Use Fee .$14,040.00 Mileage $554.38 1046. miles@ 0.53; per mile Mimision (Data Processing) $8,145.00 III. Direct Expenses Total $22,739.38 IV. Estimated Actual Costs $139,39853. VI. Contingency (10%4 $13,939.85 VII. subconsultant Iowa -Counts $28,440gill Total $193,445.00 Page 24 of 27 Attachment D to I.M. 3.305 February 27, 2017 ATTACHMENT Page 1 of 1 SUBCONSULTANT SCOPE AND BUDGET Project Number: STP -A-8155(754)--86-07 State of Iowa I hereby certify that I, Safiah Elahi, am the President and duly authorized representative of the firm of Iowa -Counts, whose address is 625 Shirley Street, Cedar Falls, IA 50613, and do hereby certify that the below Scope of Services and Subconsultant Budget Proposals are a true and accurate copy of the Scope of Services and Subconsultant Budget. Any changes to the proposed Scope and Budget shall be documented, signed by both the Consultant and subconsultant, and approved by the Contract Administrator. W J, &L. 7/2/ /.2017 Signature Date Scope of Services: Task 2a: Collect Turning Movement Counts. Turning movement counts will be collected at 20 intersections included on the attached intersection list, as follows: e. Weekday (one day, Tuesday -Thursday) 7:00-9:OOAM, 11:00 AM —1:00 PM and 4:00-6:00 PM peak periods f. Monday 7:00-9:00 AM peak period g. Friday 4:00-6:00 PM peak period h. Saturday 2:00 PM —6:00 PM peak period Task 2b: Collect Non -Motorized Data. Bicycle and pedestrian counts will be collected at up to five (5) intersections to be defined during the kickoff meeting. Data will be collected at the following times: e. Weekday (one day, Tuesday -Thursday) 7:00-9:00 AM, 11:00 AM —1:00 PM and 4:00-6:00 PM peak periods f. Monday 7:00-9:00 AM peak period g. Friday 4:00-6:00 PM peak period h. Saturday 2:00 PM —6:00 PM peak period Page 25 of 27 Iowa -Counts: City of Waterloo Downtown Traffic Signal Retiming Project Total Lump Sum Cost Turning Movement Counts Only Task # of Intersections Hours Price total Turning movement count 20 498 $55 $27,390.00 Pedestrian w/Turning Movement 5 70 $15 $1,050.00 Total Cost $28,440.00 General Service Prices per Hour of Count Turning Movement Counts (Above Table) $55 Pedestrian per Intersection with Turning Movement Counts $15 Pedestrian per Intersection Stand Alone $55 pedestrian Mid -Block $25 Breakdown of Total Lump Sum Number of Hours Intersections # of Intersections Hours 6th and Franklin St 1 26 6th and Mulberry St 1 26 6th and Lafayette St 1 26 6th and Sycamore St 1 28 6th and Commercial St 1 26 6th and Jefferson St 1 26 6th and Walnut St 1 21 6th and NV Service Road 1 21 6th and SB Hwy 218/ Washington 1 21 5th and Franklin St 1 28 5th and Mulberry St 1 26 5th and Lafayette St 1 26 5th and Sycamore St 1 26 5th and Commercial St 1 26 5th and Jefferson St 1 26 5th and Walnut St 1 21 5th and NV Service Road 1 21 5th and SB Hwy 218/ Washington 1 21 Park Ave. and Walnut St 1 28 4th and Walnut St 1 28 Total 20 498 Lu tq Ll.v*l lb�v- 49 41 4O1 40 LO PH CN