HomeMy WebLinkAboutAment Design - Supplemental Agmnt No 2 Pavement Widening - 1/27/2020S
June 4, 2020
NARIFR I SIMPLER 1 CUSTOMER DRIVEN
Mohammad Elahi
City Engineer
City of Waterloo
715 Mulberry Street, City Hall
Waterloo, Iowa 50703
www.iowadot.gov
•
Office of Systems Planning
800 Lincoln Way Ames, IA 50010
Phone 515-239-1713
Email: Jared.smith@iowadot.us
Re: Ansborough Avenue Improvements, City of Waterloo
Project Number STP-A-8155(757)-86-07; Agreement Number 2017-ICAAP-05
Dear Ms. Blind:
Enclosed is a copy of an executed Supplemental Consultant Agreement #02 between City of Waterloo,
Ament, Inc. (dba Ament Design) and the Iowa Department of Transportation for the above referenced
project. This agreement completes the consultant selection process.
In addition, the City of Waterloo must comply with the provisions set forth in this agreement to ensure
that eligible project costs may receive federal aid reimbursement.
Thank you for your assistance. If you have questions, I can be reached by telephone at 515-239-1713
or by e-mail at jared.smith@iowadot.us.
Sincerely,
Jared Smith
Systems Planning Bureau
Contract No. [XXXXX]
Owner Project No. TOF-284
Iowa DOT Project No. STP-A-8155(757)--86-07
Standard Consultant Contract
For Local Public Agency Consultant Contracts with Federal -aid Participation
Supplemental Agreement No. 2
This SUPPLEMENTAL AGREEMENT #2, (amending the Original Standard Consultant Contract dated 6-11-
2018, and Supplemental Agreement No. 1 dated 2-15-19) made as of the date of the last party's signature below,
is by and
BETWEEN City of Waterloo, Iowa, the Owner, located at:
715 Mulberry Street
City Hall
Waterloo, Iowa 50703
Phone: (319) 291-4440
FAX: (319) 291-4094
and Ament, Inc. (dba Ament Design), the Consultant, located at:
625 32nd Avenue SW
Cedar Rapids, Iowa 52404
Phone: (319) 378-1401
FAX: (319) 378-1975
For the following Project: Ansborough Avenue Improvements, Ansborough Avenue from Black Hawk Road north
0.1 Miles to Downing Avenue, PCC Pavement Widening
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 surveys (topographic and property), engineering and
construction engineering 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 29
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 - Duties, Responsibilities, and Limitations of Authority of Resident Project Representative
Page 2 of 29
ARTICLE 1 INITIAL INFORMATION
This Agreement is based on the following information and assumptions.
1.1 Project Parameters
The objective or use is to improve traffic progression and reduce vehicle delays and vehicle emissions along
Ansborough Avenue within the Project corridor. This will be accomplished by eliminating split signal phasing for
northbound and southbound Ansborough Avenue traffic at the Downing Avenue intersection This will require the
addition of a left turn lane on northbound approach. Ansborough Avenue needs to be widened to accommodate
the left turn lane. The widening is done on the east side of the south leg of Ansborough Avenue between the
Downing Avenue and Black Hawk Road intersections. The northbound approach lane alignments will be tapered
to the east which will allow for the provision of a left turn lane on Ansborough Avenue at the south side of
Downing Avenue to match and align with the five -lane section that currently exists north of the intersection.
1.2 Financial Parameters
1.2.1 Amount of the Owner's budget for the Consultant's compensation is:
Fifty thousand five hundred forty-three dollars and thirty cents ($50,543.30)
1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is:
Two Thousand one hundred thirty -none dollars and thirty cents ($2,139.30)
1.3 Project Team
1.3.1 The Owner's Designated Representative, identified as the Contract Administrator is:
Mohammad Elahi, Traffic Engineer, City Traffic Operations Department.
The Contract Administrator is the authorized representative, acting as liaison officer for the
Owner for purpose of coordinating and administering the work under the Agreement. The work
under this Agreement shall at all times be subject to the general supervision and direction of the
Contract Administrator and shall be subject to the Contract Administrator's approval.
1.3.2 The Consultant's Designated Representative is:
Michael G. Dryden P.E.
1.3.3 The subconsultants retained at the Consultant's expense are identified in the following table:
Subconsultant
Team Services
1.4 Time Parameters
Amount Authorized Maximum Amount Payable Method of Payment
$2,139.30 $2 139.30 Lump Sum
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:
1 Completion of all work under this agreement shall be on or before September 30, 2020
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 Owner will 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 29
Category Traffic Operations Design. 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 by written
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 any time determine that their costs will exceed their
estimated actual costs. The Consultant shall not allow the subconsultants to exceed their estimated
actual costs without prior written approval of the Contract Administrator The prime Consultant is
cautioned that cost under -runs associated with any subconsultant s contract are not available for use by
the prime Consultant or other subconsultant unless the Contract Administrator, Iowa DOT, and FHWA
(when applicable) have given prior written approval.
ARTICLE 4 TERMS AND CONDITIONS
Page 4 of 29
4.1 Ownership of Engineering Documents
4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared
u nder this Agreement shall become the property of the Owner and shall be delivered to the Contract
Administrator upon completion of the plans or termination of the services of the Consultant. There shall
be no restriction or limitation on their future use by the Owner, except any use on extensions of the
project or on any other project without written verification or adaptation by the Consultant for the specific
purpose intended will be the Owner's sole risk and without liability or legal exposure to the Consultant.
41.2 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
e lectronic 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
u nder 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 Consultant will encourage open communication among the Owner, the Consultant
and the subconsultants.
4.3 Consultant's 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.
Page 5 of 29
4.6 Revision of Work Product
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 Owners 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 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. 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 Owner as 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.
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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
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 68B.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 68B.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 set forth in the above -
referenced Iowa Code 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 Owner to the date of such suspension, in
accordance with the applicable provisions in Article 412 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' wntten 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 any time 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 Administrator in the termination notice and after
determination by the Contract Administrator of the amount of work satisfactorily performed, the
Contract Administrator shall determine the amount to be paid to the Consultant
4.12.4 This Agreement will be considered completed when the scope of the project has progressed
sufficiently to make it clear that the project close-out 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. If the Consultant owes the Owner any sum under the terms of this Contract, the
Owner may set off the sum owed to the Owner against any sum owed by the Owner to 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.
Page 7 of 29
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.
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.
417.4 The Consultant shall comply with the following provisions of Appendix A of 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, about 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 Consultant of the Consultants obligations
Page 8 of 29
u nder this contract and the Regulations relative to non-discrimination on the grounds of race, color,
n ational origin sex, age, or disability.
4. Information and Reports: The Consultant shall provide all information and reports required by the
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
n ondiscrimination 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 subconsultant or 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 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
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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.
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.
Ament Design
Michael G Dryden, P.E.
Secretary/Treasurer
ATTEST:
By
City of Waterloo,
By
Quentin M. Hart
Mayor
owa
Date:
Date:
Date:
IOWA DEPARTMENT OF TRANSPORTATION
Accepted for FHWA Authorization`
By
Name
e gay
c4,7 (ta-iva
ivbto
Date: C.;*26% go2o
Title MAksgroAl �'/�S#I f C2444Ati,440e. Pc€A04q
* 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 29
ATTACHMENT A
Scope of Services
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
one task(s). It is further agreed that the 85% budget notification requirements will be required for this Agreement
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.
Project Identification
Widening for the Ansborough Avenue, from Black Hawk Road north 0.1 Miles to Downing Avenue PCC Pavement
Widening Project will start at the south end of the project about 550 feet south of the intersection at 0-foot width
and will taper out to 12 feet to allow for a left -turn lane.
Engineering Design services for this PCC pavement widening are expected to include:
Construction Engineering services are expected to include the pre -construction meeting, utility coordination (if
any), project observation materials approval reports, Weekly Report of Working Days to the Iowa Department of
Transportation, pay estimates, post -construction Iowa Department of Transportation audit including as -
constructed plans.
Major Project Tasks
• Project Management
• Construction Phase Services
Scope of Services
The scope of services to be performed by the ENGINEER shall be completed in accordance with generally
accepted standards of practice and shall include the services and supplies to perform tasks listed below.
The Project involves: project management; utility coordination; and construction -related services including
construction staking; on -site field reviews; construction observation and documentation* materials testing; record
drawings, and construction administration including project close-out — for the proposed improvement. The
following provides a description of the tasks to be performed and identification of the proposed work.
I. Construction -Related Services
Construction Phase Services are assumed based upon a construction contract with a length of twenty-five (25)
working days
A. Construction Surveys — This task includes the provision of horizontal and vertical field survey control in
sufficient quantity, as necessary, to construct the project. This task also includes office calculations and the
provision of field survey construction offsets and elevation staking, as needed by the Contractor, to construct
the Project improvements. Project elements to be staked and/or checked include;
1. removal limits for pavement and sidewalk;
2. limited subgrade and grading (It is assumed that the Contractor will utilize GPS machine control for the
majority of his/her roadway grading operations and that a limited amount of conventional grade staking
will be required.);
3. storm sewer structures / adjustments / pipe and box culvert bends;
Page 11 of 29
4. traffic signal poles and controller cabinet bases and handholes;
5. paving;
6. pedestrian ramps, and
7. right-of-way and temporary construction easement boundaries.
This task also includes checking the constructed pedestrian ramps for compliance with design requirements.
B. The ENGINEER shall perform construction administration for the OWNER during the Construction Phase of
the Project. The ENGINEER shall perform nearly full-time construction observation for the OWNER during
the Construction Phase of the Project.
1. General Administration of Construction Contract — Consult with OWNER and act as OWNER's
representative. The extent and limitations of the duties, responsibilities and authority of ENGINEER as
assigned shall not be modified, except as ENGINEER may otherwise agree in writing. All of OWNER's
instructions to Contractor will be issued through ENGINEER, who shall have authority to act on behalf of
OWNER in dealings with Contractor to the extent provided in this Agreement except as otherwise
provided in writing
2. Resident Project Representative (RPR) — Provide the services of an RPR at the Site to assist the
ENGINEER and to provide more extensive observation of Contractor s work. Duties, responsibilities, and
authority of the RPR are as set forth in Attachment I. The furnishing of such RPR's services will not
extend ENGINEER's responsibilities or authority beyond the specific limits set forth elsewhere in this
Agreement.
3. Pre -Construction Conference — Participate in a Pre -Construction Conference prior to commencement of
Work at the Site.
4. Communicate and consult with the Iowa Department of Transportation regarding any issues, problems or
decisions that arise on the Project during construction.
5. Visits to Site and Observation of Construction — In connection with observations of Contractor's work in
progress while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of construction, as ENGINEER
deems necessary, in order to observe as an experienced and qualified design professional the
progress and quality of the Work. Such visits and observations by ENGINEER, and the Resident
Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of
Contractor s work in progress or to involve detailed inspections of Contractor s work in progress
beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract
Documents, but rather are to be limited to spot checking selective sampling, and similar methods of
general observation of the Work based on ENGINEER's exercise of professional judgment as
assisted by the Resident Project Representative, if any. Based on information obtained dunng such
visits and such observations, ENGINEER will determine, in general if Contractor's work is proceeding
in accordance with the Contract Documents, and ENGINEER shall keep OWNER informed of the
progress of the Work.
b. The purpose of ENGINEER's visits to, and representation by the Resident Project Representative, if
any, at the Site, will be to enable ENGINEER to better carry out the duties and responsibilities
assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the
exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for
OWNER a greater degree of confidence that the completed Work will conform in general to the
Contract Documents and that the integrity of the design concept of the completed Project as a
functioning whole as indicated in the Contract Documents has been implemented and preserved by
Contractor. ENGINEER shall not during such visits or as a result of such observations of
Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall
ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or
procedures of construction selected by Contractor, for safety precautions and programs incident to
Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to
Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the
Page 12 of 29
performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and
perform its work in accordance with the Contract Documents.
6. Defective Work — Recommend to OWNER that Contractor's work be disapproved and rejected while it is
in progress if, on the basis of such observations, ENGINEER believes that such work will not produce a
completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity
of the design concept of the completed Project as a functioning whole as indicated in the Contract
Documents.
Clarifications and Interpretations; Field Orders — Issue necessary clarifications and interpretations of the
Contract Documents as appropriate to the orderly completion of Contractor's work Such clarifications
and interpretations will be consistent with the intent of and reasonably inferable from the Contract
Documents. ENGINEER may issue Field Orders authorizing minor variations from the requirements of
the Contract Documents.
Change Orders and Work Change Directives — Recommend Change Orders and Work Change Directives
to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required.
9. Shop Drawings and Samples — Review and approve or take other appropriate action in respect to Shop
Drawings and Samples and other data which Contractor is required to submit, but only for conformance
with the information given in the Contract Documents and compatibility with the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and
approvals or other action will not extend to means, methods, techniques, sequences or procedures of
construction or to safety precautions and programs incident thereto. ENGINEER has an obligation to
meet any Contractor s submittal schedule that has earlier been acceptable to ENGINEER.
10. Substitutes and "or -equal." — Evaluate and determine the acceptability of substitute or "or -equal" materials
and equipment proposed by Contractor.
11. Inspections and Tests — Require such special inspections or tests of Contractor's work as deemed
reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required
by Laws and Regulations or the Contract Documents. ENGINEER's review of such certificates will be for
the purpose of determining that the results certified indicate compliance with the Contract Documents and
will not constitute an independent evaluation that the content or procedures of such inspections, tests, or
approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely
on the results of such tests.
12. Disagreements between OWNER and Contractor — Render formal written decisions on all claims of
OWNER and Contractor relating to the acceptability of Contractor's work or the interpretation of the
requirements of the Contract Documents pertaining to the execution and progress of Contractor's work.
In rendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor
and shall not be liable in connection with any decision rendered in good faith in such capacity.
13. Applications for Payment Based on ENGINEER's observations as an experienced and qualified design
professional and on review of Applications for Payment and accompanying supporting documentation:
a. Determine the amounts that ENGINEER recommends Contractor be paid Such recommendations of
payment will be in writing and will constitute ENGINEER's representation to OWNER, based on such
observations and review that, to the best of ENGINEER's knowledge, information and belief,
Contractor's work has progressed to the point indicated, the quality of such work is generally in
accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results of any subsequent tests called for in the
Contract Documents and to any other qualifications stated in the recommendation), and the
conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in
so far as it is ENGINEER's responsibility to observe Contractor's work. In the case of unit price work,
ENGINEER's recommendations of payment will include final determinations of quantities and
classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract
Documents).
Page 13 of 29
b. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that
observations made by ENGINEER to check the quality or quantity of Contractor's work as it is
performed and furnished have been exhaustive, extended to every aspect of Contractor's work in
progress, or involved detailed inspections of the Work beyond the responsibilities specifically
assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's
review of Contractor's work for the purposes of recommending payments nor ENGINEER's
recommendation of any payment including final payment will impose on ENGINEER responsibility to
supervise, direct, or control Contractor's work in progress or for the means, methods, techniques,
sequences, or procedures of construction or safety precautions or programs incident thereto or
Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and
performing the Work. It will also not impose responsibility on ENGINEER to make any examination to
ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract
Price, or to determine that title to any portion of the work in progress, materials, or equipment has
passed to OWNER free and clear of any liens, claims, security interests, or encumbrances, or that
there may not be other matters at issue between OWNER and Contractor that might affect the
amount that should be paid
14. Contractor's Completion Documents.
a. Receive and review maintenance and operating instructions, schedules, and guarantees.
b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by
the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and
other data approved, and the annotated record documents which are to be assembled by Contractor
in accordance with the Contract Documents to obtain final payment.
c. ENGINEER shall transmit these documents to OWNER.
15. Substantial Completion — Promptly after notice from Contractor that Contractor considers the entire Work
ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine
if the Work is Substantially Complete. If after considering any objections of OWNER ENGINEER
considers the Work Substantially Complete, ENGINEER shall deliver a certificate of Substantial
Completion to OWNER and Contractor.
16. Additional Tasks. Perform or provide the following additional Construction Phase tasks or deliverables:
a.Attend weekly (or bi-monthly, if appropriate) progress meetings with Contractor and prepare and
circulate copies of minutes.
b. Perform weekly inspections of Storm Water Pollution Prevention Plan elements furnished, installed,
and maintained by Contractor, such as silt fence, inlet protection devices, etc.
c. Perform materials testing on engineered fill and subgrade and perform concrete (air and slump tests)
and record test results for Portland cement concrete (PCC) pavement, sidewalk, driveways, cast -in -
place structures etc. in conformance with the requirements of the Iowa Department of Transportation
(DOT) Construction Manual If required prepare test cylinders or beams, transport test specimens to
the laboratory, perform strength tests on test specimens and prepare and document test results.
Team Services will perform this task.
d. Perform PCC plant monitoring in conformance with the requirements of the Iowa DOT Construction
Manual, Appendix 3-2. Team Services will perform this task.
e. Prepare and furnish to OWNER Record Drawings showing appropriate record information based on
Project annotated record documents received from Contractor.
f. Provide one reproducible and correctable printed copy of as -built record drawings and electronic disk
in AutoCAD format of the as -built record drawings.
g.Assemble necessary documentation for and assist Iowa Department of Transportation with post -
construction final Project review and materials audit. Submit necessary documents for final Project
Page 14 of 29
review, materials audit, and Project close-out to applicable regulatory agencies upon completion of
construction.
17. Final Notice of Acceptability of the Work — Conduct a final inspection to determine if the completed Work
of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor
Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the
Work is acceptable to the best of ENGINEER's knowledge, information and belief and based on the
extent of the services provided by ENGINEER under this Agreement. Assist the Iowa Department of
Transportation on the final Project audit to close the Project.
Duration of Construction Phase — The Construction Phase will commence with the execution of the first
Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by
ENGINEER for final payment to Contractors. If the Project involves more than one prime contract,
Construction Phase services may be rendered at different times in respect to the separate contracts.
Limitation of ENGINEER's Authority and Responsibilities — Neither ENGINEER's authority or responsibility
under this Agreement or under any other provision of the Contract Documents nor any decision made by
ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking,
exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to
any duty in contract tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any
Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.
ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their
subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work.
ENGINEER shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance
with the Contract Documents.
The limitations upon authority and responsibility set forth above shall also apply to ENGINEER's Consultants,
Resident Project Representative, and assistants.
I1. Deliverables
A. ENGINEER Deliverables
1. Minutes of project review meetings to meeting attendees.
2. Monthly progress reports (submitted with project invoices) to OWNER.
3. The deliverables indicated in Exhibit A-1 to OWNER and/or Iowa DOT, as appropriate.
III. Owner's Responsibilities
MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER:
The OWNER shall provide the following material and information related to the project:
A. Permit applications that are only available from the OWNER that are necessary to commence
with the construction of the proposed improvements.
TASKS TO BE PERFORMED BY THE OWNER:
The OWNER shall perform the following tasks related to the project
A. Attend pre -construction conference, construction progress and other job -related meetings, and
Substantial Completion and final payment inspections.
B. Prepare and submit monthly and final claims for reimbursement to Iowa Department of
Transportation.
Page 15 of 29
ATTACHMENT B
Specifications
Iowa Statewide Urban Design and Specifications (SUDAS) Design Manual, Chapter 5
and the
Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2012,
plus General Supplemental Specifications; and applicable Supplemental Specifications, Developmental
Specifications, and Special Provisions.
Page 16 of 29
ATTACHMENT C (referenced from 3.1)
Specific Rate of Compensation
3.1.1 FEES AND PAYMENTS
3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms
of this Agreement the Consultant shall be paid fees not to exceed the maximum amount payable under
this Agreement of $ 50,543.30.
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 $ 4,400.00 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 Title 48 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. The Owner
shall retain from each monthly payment for construction inspection or construction administration services
0% of the amount due.
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 17 of 29
ATTACHMENT C-1
Cost Analysis Worksheet
Contract STP-A-8155(757)--86-07, Construction Engineering Amendment
I. Labor Cost (Prime Only)
Employee Classification
Hours
Rate
Amount
Manager / Director
Senior Engineer / Architect / Land
S urveyor
Engineer / Architect / Land Surveyor
Engineer / Architect / Survey Intern
Technician II
Technician I
Administrative
0
48
16
324
0
4
9.5
$165.00
$150.00
$125.00
$100.00
$90.00
$70.00
$75.00
$0.00
7,200.00
2,000.00
32,400.00
0.00
280.00
712.50
Labor Total
401.5
$42,592.50
II. Direct Project Expenses (Prime
Only)
Mileage (miles)
Reproductions (each)
P ostage (oz.)
CAD Time (hours)
S pikes/Lath
S urvey Supplies
Quantity
2,300
100
50
0
30
0
Rate
$0.580
$0.20
$0.55
$14.75
$1.00
$2.50
Amount
$1,334.00
20.00
27.50
0.00
30.00
0.00
Total Direct Expenses =
$1,411.50
III. Estimated Actual Costs (EAC) (Prime Only) (I + II) _
IV. Contingency (Prime Only)
(
10% ofI+II)=
V. Subconsultant Expenses
Team Services (Lump Sum Fee)
$44,004.00 (Rounded)
$4,400.00 (Rounded)
$2,139.30
Total Subconsultant Costs =
VI. Specific Rate of Compensation Agreement Total (III + IV + V)
_ (Maximum Amount Payable)
* Includes contingency amounts (Prime & Subconsultants) totaling
Total Initial Authorized Costs (Excluding All Contingency Amounts)
$2,139.30
$50,543.30
$4,400.00
$46,143.30
Page 18 of 29
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 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.
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 19 of 29
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
Black Hawk County
I Michael G Dryden, Secretary/Treasurer of the
Ament Design 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.
L
(Signature)
Subscribed and sworn to this %7 day of
(month (year)
Page 20 of 29
ATTACHMENT E
CERTIFICATION OF CONSULTANT
hereby certify that I, Michael G Dryden, am the Secretary/Treasurer and duly authorized representative of the
firm of Ament Design, whose address is 625 32nd Avenue SW, Cedar Rapids, Iowa 52404, 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 (other than a bona fide employee working
solely for me or the above Consultant) any fee, contribution, donation or consideration of any kind for, or
in connection with, procuring or carrying out the contract; except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and the Federal
Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation
of Federal -aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil.
srrY
Signature
Date
Page 21 of 29
ATTACHMENT F
CERTIFICATION OF OWNER
I hereby certify that 1, Quentin M. Hart, 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 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 Date
Page 22 of 29
Consultant Name
Consultant Address
Consultant Address
Invoice No.
Invoice Period Covered
Consultant Job No.
ATTACHMENT G
Page 6
Specific Rate Progressive Invoice
Date
Client Project No.
County
Client Project Description
Client Contract No.
Contract Cumulative Current
Estimate To Date Period
Labor Dollars
Direct Expenses
Mileage
Per Diem
CADD
Estimated Actual Costs
[Prime Only] (See Note 1)
Subconsultants (including authorized
contingency)
N ame
N ame
N ame
Total
Authorized Contingency
Total Authorized Amount
Total Billed To Date
Remaining Authorized Balance
Unauthorized Contingency
P rime
S ubconsultant Name
S ubconsultant Name
Labor Hours
Note 1: Do not include Subconsultant Expenses. Include Labor Dollars and Direct Expenses for Prime
Consultant only.
Page 23 of 29
Consultant Name
Consultant Address
Consultant Address
Invoice No.
Invoice Period Covered
Consultant Job No.
ATTACHMENT G
Page 7
Specific Rate Final Invoice
Date
Client Project No.
County
Client Project Description
Client Contract No.
Contract Cumulative Current
Estimate To Date Period
Labor Dollars (2002)
Labor Dollars (2001)
Labor Dollars (2000)
Labor Dollars (1999)
Direct Expenses
Mileage
Per Diem
CADD
Estimated Actual Costs
[Prime Only] (See Note 1)
Subconsultants (including authorized
contingency)
Name
Name
N ame
Total
Authorized Contingency
Total Authorized Amount
Total Billed To Date
Remaining Authorized Balance
Unauthorized Contingency
P rime
S ubconsultant Name
S ubconsultant Name
Labor Hours (2002)
Labor Hours (2001)
Labor Hours (2000)
Labor Hours (1999)
Note 1: Do not include Subconsultant Expenses. Include Labor Dollars and Direct Expenses for Prime
Consultant only
Page 24 of 29
ATTACHMENT G
Page 8
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.
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ATTACHMENT H
Consultant Fee Proposal
Task
Hours
Cost
Project/Construction Administration
33
$ 4,175
Construction Observation
255
$ 26,250
Construction Documentation
90
$ 9,500
Record Drawings
5
$ 430
Construction Surveys
19
$ 2,238
Expenses
$ 3,551
Total
402
$ 46,143
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ATTACHMENT I
DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OFRESIDENT PROJECT
REPRESENTATIVE
Resident Project Representative
A. Ament Design shall provide a Resident Project Representative ("RPR"), assistants, and other field staff to
assist Ament Design in observing progress and quality of the Work. The RPR, assistants and other field staff
under this Attachment I may provide full time representation or may provide representation to a lesser degree
B. Through such additional observations of Contractor's work in progress and field checks of materials and
equipment by the RPR and assistants, Ament Design shall endeavor to provide further protection for City of
Waterloo against defects and deficiencies in the Work. However, Ament Design shall not, during such visits
or as a result of such observations of Contractor's work in progress, supervise, direct or have control over the
Contractor's Work nor shall Ament Design have authority over or responsibility for the means, methods,
techniques, sequences, or procedures selected by Contractor for safety precautions and programs incident
to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations
applicable to Contractor's performing and furnishing the Work, or responsibility of construction for Contractor's
failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific
limitations set forth in Attachment A of the Agreement are applicable.
C. The duties and responsibilities of the RPR are limited to those of Ament Design in the Agreement with the
City of Waterloo and in the Contract Documents, and are further limited and described as follows:
1. General. RPR is Ament Design's agent at the Site, will act as directed by and under the
supervision of Ament Design, and will confer with Ament Design regarding RPR's actions. RPR's
dealings in matters pertaining to the Contractor's work in progress shall in general be with Ament
Design and Contractor, keeping City of Waterloo advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR
shall generally communicate with City of Waterloo with the knowledge of and under the direction
of Ament Design.
2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals,
and schedule of values prepared by Contractor and consult with Ament Design concerning
acceptability.
3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences and other project -related meetings, and
prepare and circulate copies of minutes thereof.
4. Liaison:
a. Serve as Ament Design's liaison with Contractor, working principally through Contractor's
superintendent and assist in understanding the intent of the Contract Documents.
b. Assist Ament Design in serving as City of Waterloo's liaison with Contractor when Contractor's
operations affect City of Waterloo's on -site operations.
c. Assist in obtaining from City of Waterloo additional details or information, when required for
proper execution of the Work.
5. Interpretation of Contract Documents: Report to Ament Design when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor clarifications
and interpretations as issued by Ament Design.
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6. Shop Drawings and Samples:
a. Record date of receipt of Samples and approved Shop Drawings.
b. Receive Samples, which are furnished at the Site by Contractor, and notify Ament Design of
availability of Samples for examination.
c. Advise Ament Design and Contractor of the commencement of any portion of the Work
requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has
not been approved by Ament Design.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or
Specifications and report with RPR's recommendations to Ament Design Transmit to Contractor
in writing decisions as issued by Ament Design.
8. Review of Work and Rejection of Defective Work:
a. Conduct on -Site observations of Contractor's work in progress to assist Ament Design in
determining if the Work is in general proceeding in accordance with the Contract Documents.
b. Report to Ament Design whenever RPR believes that any part of Contractor s work in progress
will not produce a completed Project that conforms generally to the Contract Documents or will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated in the Contract Documents, or has been damaged, or does not meet the requirements
of any inspection, test or approval required to be made; and advise Ament Design of that part
of work in progress that RPR believes should be corrected or rejected or should be uncovered
for observation, or requires special testing, inspection or approval.
9. Inspections, Tests, and System Startups:
a. Consult with Ament Design in advance of scheduled major inspections, tests, and systems
startups of important phases of the Work
b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are
conducted in the presence of appropriate City of Waterloo's personnel, and that Contractor
maintains adequate records thereof.
c. Observe, record, and report to Ament Design appropriate details relative to the test procedures
and systems startups.
d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the
P roject, record the results of these inspections, and report to Ament Design.
10. Records:
a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions
of original Contract Documents including all Change Orders, Field Orders, Work Change
Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract,
Ament Design's clarifications and interpretations of the Contract Documents, progress reports,
S hop Drawing and Sample submittals received from and delivered to Contractor, and other
Project related documents.
P repare a daily report or keep a diary or log book, recording Contractor's hours on the Site,
weather conditions, data relative to questions of Change Orders, Field Orders, Work Change
Directives, or changed conditions, Site visitors, daily activities, decisions, observations in
general, and specific observations in more detail as in the case of observing test procedures;
and send copies to Ament Design.
c. Record names, addresses and telephone numbers of all Contractors, subcontractors, and
major suppliers of materials and equipment.
d. Maintain records for use in preparing Project documentation.
e. Upon completion of the Work, furnish original set of all RPR Project documentation to Ament
Design.
Page 28 of 29
11. Reports:
a. Furnish to Ament Design periodic reports as required of progress of the Work and of
Contractor's compliance with the progress schedule and schedule of Shop Drawing and
Sample submittals
b. Draft and recommend to Ament Design proposed Change Orders, Work Change Directives,
and Field Orders. Obtain backup material from Contractor.
c. Furnish to Ament Design and City of Waterloo copies of all inspection, test, and system startup
reports.
d. Report immediately to Ament Design the occurrence of any Site accidents, any Hazardous
Environmental Conditions, emergencies, or acts of God endangering the Work, and property
damaged by fire or other causes.
12. Payment Requests: Review Applications for Payment with Contractor for compliance with the
established procedure for their submission and forward with recommendations to Ament Design,
noting particularly the relationship of the payment requested to the schedule of values, Work
completed, and materials and equipment delivered at the Site but not incorporated in the Work.
13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that
materials and equipment certificates, operation and maintenance manuals and other data
required by the Specifications to be assembled and furnished by Contractor are applicable to the
items actually installed and in accordance with the Contract Documents, and have these
documents delivered to Ament Design for review and forwarding to City of Waterloo prior to
payment for that part of the Work.
14. Completion:
a. Before Ament Design issues a Certificate of Substantial Completion, submit to Contractor a list
of observed items requiring completion or correction.
b. Observe whether Contractor has arranged for inspections required by Laws and Regulations,
including but not limited to those to be performed by public agencies having jurisdiction over the
Work
c. Participate in a final inspection in the company of Ament Design, City of Waterloo, and
Contractor and prepare a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected and make
recommendations to Ament Design concerning acceptance and issuance of the Notice of
Acceptability of the Work.
D. Resident Project Representative shall not
1. Authorize any deviation from the Contract Documents or substitution of materials or equipment
(including "or -equal" items).
2. Exceed limitations of Ament Design's authority as set forth in the Agreement or the Contract
Documents
3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's
superintendent.
4. Advise on, issue directions relative to or assume control over any aspect of the means, methods,
techniques, sequences or procedures of Contractor's work unless such advice or directions are
specifically required by the Contract Documents.
5. Advise on, issue directions regarding, or assume control over safety precautions and programs in
connection with the activities or operations of City of Waterloo or Contractor.
6. Participate in specialized field or laboratory tests or inspections conducted off -site by others
except as specifically authorized by Ament Design.
Accept Shop Drawing or Sample submittals from anyone other than Contractor.
Authorize City of Waterloo to occupy the Project in whole or in part.
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