HomeMy WebLinkAboutEarth Tech, Inc.-Professional Services Agreement-08.06.2007 '— —67
AGREEMENT FOR PROFESSIONAL SERVICES
CEDAR RIVER WATER TRAIL
PARK AVENUE DAM AND 6TH STREET DAM
WATERLOO, IOWA
AGREEMENT made as of the CD day of AGl aJ u 5 f in the year Two Thousand Seven.
BETWEEN City of Waterloo,identified as the City:
City of Waterloo
715 Mulberry Street
Waterloo,Iowa 50703
and the Consultant:
Earth Tech,Inc.
501 Sycamore Street, Suite 222
Waterloo,Iowa 50703
For the following Project:
The City has decided to construct two portages on the proposed Cedar River Water Trail in Waterloo,Iowa. It has
been determined that the City shall proceed with the final design and construction-related services for the project.
The project is further defined in Attachment A.
The City desires to employ the Consultant to provide services in connection with the said activities for the project
development. The Consultant is willing to perform such work in accordance with the terms hereinafter provided
and warrants that it is in compliance with Iowa statutes relating to the licensure of Professional Engineers.
City Project Number 734
Federal Project Number NRT-NT08(1)--9G-07
TABLE OF CONTENTS
Article Number And Description
1 Initial Information
1.1 Project Parameters
1.2 Project Team
1.3 Time Parameters
2 Scope Of Services And Other Special Terms And Conditions
2.1 Enumeration of Parts of the Agreement
3 Form of Compensation
3.1 Method of Reimbursement
3.2 Subconsultant
4 Terms And Conditions
4.1 Ownership of Engineering Documents
4.2 Revision of Plans
4.3 Extra Work
4.4 Progress Meetings
4.5 Additional Plans
4.6 Termination of Agreement
4.7 Extension of Time
4.8 Mediation
4.9 Arbitration
4.10 Responsibility for Claims and Liability
4.11 Non-Raiding Clause
4.12 General Compliance with Laws
4.13 Subletting,Assignment or Transfer
4.14 Forbidding Use of Outside Agents
4.15 Consultant's Endorsement on Plans
4.16 Compliance with Title 49,Code of Federal Regulations
4.17 Access to Records
4.18 Federal Highways Administration Participation
4.19 Severability
4.20 Applicable Law
Attachment A- Scope of Services
Attachment B- Specifications
Attachment C-Fees and Payments
Attachment D-Certification Regarding Debarment, Suspension and Other Responsibility Matters
Attachment E-Certification of Consultant
Attachment F-Certification of City
Attachment G- Sample Invoice Form
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ARTICLE 1 -INITIAL INFORMATION
This Agreement is based on the following information and assumptions.
1.1 PROJECT PARAMETERS
The objective or use is:
The City intends to construct two portages on the proposed Cedar River Water Trail in Waterloo, Iowa.
This shall hereinafter be referred to as the"PROJECT."
1.2 PROJECT TEAM
1.2.1 The City's Designated Representative identified as the Engineer is Mr. Eric Thorson, City Engineer, City
of Waterloo.
The Engineer is the authorized representative, acting as liaison officer for the City for purpose of
coordinating and administering the work under the Agreement. The work under this Agreement shall at all
times be subject to the general supervision and direction of the Engineer and shall be subject to the
Engineer's approval.
1.2.2 The Consultant's Designated Representative is Douglas W. Schindel,P.E.
1.3 TIME PARAMETERS
Date to Proceed: Consultant shall not begin work under this Agreement until so directed in writing by
the City. Consultant shall, upon receipt of said written notification to proceed, begin
work thereon. No FHWA compensation will be made for any work performed prior to
the effective date of the FHWA authorization to proceed. The City is responsible to
verify FHWA authorization and is responsible for any compensation due prior to
FHWA authorization but following City's Notice to Proceed.
Completion: Work under this Agreement shall be completed within six(6)months after authorization
to proceed.
ARTICLE 2-SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
2.1 Enumeration of Parts of the Agreement. This Agreement, including its attachments, represents the
entire and integrated agreement between the City 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 City and Consultant. This Agreement comprises the documents listed below.
2.1.1 The work to be performed by the Consultant under this Agreement shall encompass and include all detail
work, services, materials, equipment and supplies necessary to prepare and deliver the scope of services
provided in Attachment A.
2.1.2 All services herein required and provided shall be in conformity with the Iowa Department of
Transportation Standards, Design Guides and Specifications and Title 23 U.S. Code of Federal
Regulations,Part 625 as outlined in Attachment B. In addition,applicable sections of the U.S. Department
of Transportation, Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans,
specifications and estimates.
2.1.3 Other documents as follows:
Indicate attachments with [X]
.1 [x] Certificate Regarding Debarment, Suspension and Other Responsibility Matters—Attachment D.
.2 [x I Certification of Consultant—Attachment E.
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.3 [x] Certification of City—Attachment F.
.4 [x] Sample Invoice Form-Attachment G
ARTICLE 3-FORM OF COMPENSATION
3.1 Method of Reimbursement
3.1.1 For the Consultant's services as described under Article 2,compensation shall be computed in accordance
with one of the following compensation methods:
Indicate method of payment selected with [X]
.1 [ ] Cost Plus Fixed Fee—Attachment C
.2 [ x I Lump Sum—Attachment C
.3 [ ] Specific Rate of Compensation-Attachment C
.4 [ ] Unit Price-Attachment C
as defined in Attachment C.
3.2 Subconsultant
3.2.1 The Consultant shall require the subconsultants(if applicable)to notify them if they at any time determine
that their costs will exceed their estimated actual costs. The Consultant shall not allow the subconsultants
to exceed their estimated actual costs without prior written approval of the Engineer. The prime
Consultant is cautioned that cost under-runs associated with any subconsultant's contract are not available
for use by the prime Consultant unless the Engineer and Iowa Department of Transportation(DOT)have
given prior written approval.
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 City and shall be delivered to the Engineer upon completion
of the plans or termination of the services of the Consultant. There shall be no restriction or limitation on
their future use by the City, 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 City's sole
risk and without liability or legal exposure to the Consultant.
4.1.2 The City 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 City upon completion of the services and payment in full
of all moneys due to the Consultant.
4.1.3 The City and the Consultant agree that any electronic files prepared by either party shall conform to the
specifications listed in Attachment B. Any changes to these specifications by either the City 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 City 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 City 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.
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4.2 Revision of Plans
4.2.1 Drafts of work products shall be submitted to the Engineer by the Consultant for review and comment.
The comments received from the Engineer and the reviewing agencies shall be incorporated by the
Consultant prior to submission of the final work product by the Consultant. Work products revised in
accordance with review comments shall constitute"satisfactorily completed and accepted work". Requests
for changes on work products by the Engineer shall be in writing. In the event there are no comments
from the Engineer or reviewing agencies to be incorporated by the Consultant into the final work product,
the Engineer shall immediately notify the Consultant, in writing, that the work product shall constitute
"satisfactorily completed and accepted work".
4.2.2 In the event that the work product prepared by the Consultant is found to be in error and revision or
reworking of the work product is necessary, the Consultant agrees that it shall do such revisions without-
expense to the City, even though final payment may have been received. The Consultant must give
immediate attention to these changes so there will be a minimum of delay during construction. The above
and foregoing is not to be construed as a limitation of the City's right to seek recovery of damages for
negligence on the part of the Consultant herein.
4.2.3 Should the Engineer find it desirable to have previously satisfactorily completed and accepted work
product or parts thereof revised, the Consultant shall make such revisions if requested and directed by the
Engineer in writing. This work will be paid for as provided in Article 4.3.
4.3 Extra Work
4.3.1 If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this
Agreement, and constitutes "Extra Work", it shall promptly notify the Engineer in writing to that effect. In
the event that the Engineer determines that such work does constitute "Extra Work",the City will provide
extra compensation to the Consultant upon the basis of actual costs plus a fixed fee amount, or at a
negotiated lump sum. Unless written approval for "Extra Work" has been secured in advance from the
Engineer,no claims will be allowed. However,the City shall have benefit of the service rendered.
4.4 Progress Meetings
4.4.1 From time to time as the work progresses, conferences will be held at mutually convenient locations at the
request of the Engineer to discuss details of the design and progress of the work. The Consultant shall
prepare and present such information and studies as may be pertinent and necessary or as may be requested
by the Engineer,to enable the Engineer to pass judgment on the features and progress of the work.
4.5 Additional Plans
4.5.1 At the request of the Engineer,the Consultant shall furnish sufficient prints of plans or other data in such
detail as may be required, for the purposes of review of details and for plan-in-hand and field check
inspections.
4.6 Termination of Agreement
4.6.1 In the event of the death of any member or partner of the Consultant's firm, the surviving members shall
complete the work,unless otherwise mutually agreed upon by the City and the survivors.
4.6.2 The right is reserved by the City to terminate this Agreement at any time upon not less than thirty(30)days
written notice to the Consultant.
4.6.3 In the event the Agreement is terminated by the City without fault on the part of the Consultant, the
Consultant shall be paid for the reasonable and necessary work performed or services rendered and
delivered up to the effective date of time of termination. The value of the work performed and services
rendered and delivered,and the amount to be paid shall be mutually satisfactory to the Engineer and to the
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Consultant. The Consultant shall be paid a portion of the fixed fee,plus actual costs. The portion of the
fixed fee shall be based on the ratio of the actual costs incurred to the estimated actual costs contained in
attachment C. Actual costs to be reimbursed shall be determined by audit of such costs to the date
established by the Engineer in the termination notice, except that actual costs to be reimbursed shall not
exceed the Estimated Actual costs,plus any authorized contingency.
4.6.4 In the event the Agreement is terminated by the City for fault on the part of the Consultant,the Consultant
shall be paid only for work satisfactorily performed and delivered to the Engineer up to the date
established by the termination notice. After audit of the Consultant's actual costs to the date established by
the Engineer in the termination notice and after determination by the Engineer of the amount of work
satisfactorily performed,the Engineer shall determine the amount to be paid to the Consultant.
4.6.5 The right is reserved by the City to suspend this Agreement at any time. The Engineer may affect such-
suspension by giving the Consultant written notice and will be effective as of the date established in the
suspension notice. Payment for the Consultant's services will be made by the City to the date of such
suspension,in accordance with paragraph 4.6.3 above.
4.6.6 Should the City wish to reinstate the work after notice of suspension, such reinstatement may be
accomplished by thirty- (30) day's written notice within a period of one year after such suspension,unless
this period is extended by written consent of the Consultant.
4.6.7 This Agreement will be considered completed when the construction of the project has progressed
sufficiently to make it clear that the construction can be completed without further revisions in that work,
or if the Consultant is released prior to such time by written notice from the Engineer.
4.7 Extension of Time
4.7.1 The time for completion of each phase of this Agreement shall not be extended because of any delay
attributed to the Consultant,but may be extended by the Engineer in the event of a delay attributed to the
City or the Engineer, or because of unavoidable delays caused by an act of God,war, government actions,
or similar causes beyond the reasonable control of the Consultant.
4.8 Mediation
4.8.1 In an effort to resolve any conflicts that arise during the design or construction of the project or following
the completion of the project, the City and the Consultant agree that all disputes between them arising out
of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually
agree otherwise. The City and the Consultant further agree to include a similar mediation provision in all
agreements with independent contractors and consultants retained for the project and to require all
independent contractors and consultants also to include a similar mediation provision in all agreements
with subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation
as the primary method for dispute resolution between the parties to those agreements.
4.9 Arbitration
4.9.1 In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the
services under this Agreement in accordance with Paragraph 4.8, then such disputes shall be settled by
binding arbitration by an arbitrator to be mutually agreed upon by the parties, and shall proceed in
accordance with the current Code of Iowa. If the parties cannot agree on a single arbitrator, then the
arbitrator(s)shall be selected in accordance with the above-referenced rules.
4.10 Responsibility For Claims And Liability
4.10.1 The Consultant shall defend, indemnify and save harmless the City, Iowa Department of Transportation,
the State of Iowa, its agencies, agents, employees and assignees and the Federal Government from all
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claims and liabilities due to design error, omission or negligent act of the Consultant,its members, agents,
stockholders or employees in connection with performance of this Agreement.
4.10.2 The Consultant shall obtain and keep in force insurance coverage with the minimum limits and coverages
specified in Article 1107.02 of the "Standard Specifications for Highway and Bridge Construction." In
addition,the Consultant shall obtain and keep in force insurance coverage for professional liability(errors
and omissions)with a minimum of$1,000,000 and all such other insurance required by law.
4.10.3 The Consultant agrees to require all its subcontractors and subconsultants to carry general liability
insurance and all such other insurance required by law in the amounts and otherwise on the terms required
by law and as the Consultant may deem necessary.
4.11 Non-Raiding Clause
4.11.1 The Consultant shall not engage the services of any person or persons,then in the employment of the City,
for work covered by this Agreement without the written consent of the employer of such persons.
4.12 General Compliance With Laws
4.12.1 The Consultant shall comply with all Federal, State and Local laws and ordinances applicable to the work.
4.13 Subletting,Assignment Or Transfer
4.13.1 Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is
prohibited unless written consent is obtained from the Engineer and approved by the State and the Federal
Highway Administration. (When applicable)
4.14 Forbidding Use of Outside Agents
4.14.1 The Consultant warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not
paid or agreed to pay any company or person other than bona fide employees working solely for the
Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this Agreement. For breach or violation of this warranty,
the City shall have the right to annul the Agreement without liability, or in its discretion to deduct from the
Agreement price or consideration or otherwise recover, the full amount of such fee, commission,
percentage,brokerage fee,or counterpart fee.
4.15 Consultant's Endorsement On Plans
4.15.1 The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix
thereto the seal of a licensed professional Engineer, licensed to practice in the State of Iowa,in accordance
with the current Code of Iowa.
4.16 Compliance With Title 49,Code Of Federal Regulations
4.16.1 During the performance of this agreement,the Consultant and its assignees and successors in interest agree
as follows:
4.16.1.1 Compliance with Regulations
4.16.1.1.1 The Consultant will comply with the regulations of the U.S. Department of Transportation, relative to
nondiscrimination in federally assisted programs of the U.S. Department of Transportation (Title 49,
Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein
incorporated by reference and made a part of this agreement.
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4.16.1.2 Nondiscrimination
4.16.1.2.1 The Consultant, with regard to the work performed by it,will not discriminate on the grounds of race,
religion, age, physical disability, color, sex or national origin in the selection and retention of
subconsultants, including procurement of materials and leases of equipment. The Consultant will not
participate, either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the Agreement covers a program set forth in the
Regulations.
4.16.1.3 Solicitation for Subconsultants,Including Procurement of Materials and Equipment
4.16.1.3.1 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be
performed under a subcontract, including procurement of materials or equipment each potential-
subconsultant or supplier shall be notified by the Consultant of the Consultant's obligation under this
contract and the regulations relative to nondiscrimination on the grounds of race,religion, age,physical
disability,sex,or national origin.
4.16.1.4 Disadvantaged Business Enterprises
4.16.1.4.1 The Consultant or its subconsultants agree(s)to ensure that disadvantaged business enterprises(DBEs)
as defined in 49 CFR, Part 26, have the maximum opportunity to participate in the performance of
contracts and subcontracts fmanced in whole or in part with Federal funds provided under this
Agreement. In this regard the Consultant and all of its subconsultants shall take all necessary and
reasonable steps in compliance with the Iowa DOT DBE Program to ensure disadvantaged business
enterprises have the maximum opportunity to compete for and perform contracts. The Consultant and
their subconsultants shall not discriminate on the basis of race, religion, age,physical disability, color,
sex or national origin, in the award and performance of U.S. DOT assisted contracts. If, as a condition
of assistance,the Iowa Department of Transportation has submitted to U.S.DOT,or the Consultant has
submitted to the Iowa Department of Transportation, and the U.S. DOT or Department has approved a
disadvantaged business enterprise affirmative action program which the Iowa Department of
Transportation and/or Consultant agrees(s) to carry out, this program(s) is incorporated into this
Agreement by reference. This program shall be treated as a legal obligation and failure to carry out its
terms shall be treated as a violation of this financial assistance agreement.
Upon notification to the Consultant of its failure to carry out the approved program,the City and/or the
U.S. DOT shall impose sanctions which may include termination of the Agreement or other measures
that may affect the ability of the Consultant to obtain future U.S. DOT financial assistance. The
Consultant or any of its subconsultants are hereby advised that failure to fully comply with the Iowa
Department of Transportation's DBE Program shall constitute a breach of contract and may result in
termination of this Agreement or agreement(s) by the City or such remedy as the City deems
appropriate. Refer to Article 4.6 of the Agreement.
4.16.1.5 Information and Reports
4.16.1.5.1 The Consultant will provide all information and reports required by the regulations, orders and
instructions issued pursuant thereto,and will permit access to its books,records,accounts,other sources
of information, and its facilities as may be determined by the City or the Federal Highway
Administration, to be pertinent to ascertain compliance with regulations, orders and instructions.
Where any information required of a Consultant is in the exclusive possession of another who fails or
refuses to furnish this information, the Consultant shall so certify to the City, or the Federal Highway
Administration,as appropriate,and shall set forth what efforts it has made to obtain information.
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4.16.1.6 Sanctions for Noncompliance
..1.6.1 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
agreement, the City shall impose such contract sanctions as it, or the Federal Highway Administration,
may determine to be appropriate,including,but not limited to:
..1.6.1.1 Withholding of payments to the Consultant under the agreement until the Consultant complies,and/or
..1.6.1.2 Cancellation,termination or suspension of the agreement,in whole or in part.
..1.7 Incorporation of Provisions
4.16.1.7.1 The Consultant will include the provisions of Article 4.16.1.1 through 4.16.1.6 of this Agreement in-
every subagreement,including procurements of materials and lease of equipment,unless exempt by the
regulations, orders or instructions issued pursuant thereto. The Consultant will take such action with
respect to any subagreement or procurement as the City or 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 City to enter into
such litigation to protect the interests of the City and, in addition, the Consultant may request the
United States to enter into such litigation to protect the interests of the United States.
4.17 Access To Records
4.17.1 The Consultant is to maintain all books, documents, papers, accounting records and other evidence
pertaining to this Agreement and to make such materials available at their respective offices at all
reasonable times during the agreement period, and for three years from the date of final payment under the
agreement, for inspection and audit by the Federal Highway Administration, or any authorized
representatives of the Federal Government;and copies thereof shall be furnished,if requested.
4.18 Federal Highway Administration Participation
4.18.1 The work under this Agreement shall be contingent upon and subject to the approval of the Federal
Highway Administration (if applicable). The Federal Highway Administration shall have the right to
participate in the conferences between the Consultant and the City and to participate in the review or
examination of the work in progress.
4.19 Severability
If any section provision or part of this agreement shall be adjudged invalid or unconstitutional, such
adjudication shall not affect the validity of the agreement as a whole or any section, provision, or part
thereof not adjudged invalid or unconstitutional.
4.20 Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of Iowa, except its conflict of
law provisions.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials
thereunto duly authorized as of the dates below indicated.
CITY OF WATERLOO,IOWA EARTH TECH,INC.
By:'_/�•�•- ��� 4 Date: R'4'U7 By: 6 I -��rt� Date: 7/30/07
Joe A.Becker,Vice President
ATTEST: ATTEST:
B(-)- r\CLAOLcATDate:6'O7 By: Gloria
Date: 7/30/07
Glo M. Clough
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ATTACHMENT A
Cedar River Water Trail
Portage at Park Avenue Dam and 6th Street Dam
Waterloo,Iowa
Scope of Services
PROJECT DESCRIPTION
The project includes two portages on the proposed Cedar River Water Trail in Waterloo, Iowa. The first portage
will be for the Park Avenue Dam, located between the Park Avenue Bridge and the 4th Street Bridge;and the second
portage will be for the 6th Street Dam, located between the 6th Street Bridge and the Union Pacific Railroad Bridge._
The portages will be located on the north side of the river.
The portages will provide a means for water trail users, including paddlers, canoes,kayakers, etc.,to go around the
two dams. In addition, the portages will provide water access for emergency personnel and equipment in case of
emergency. A location analyses will be completed to determine the fmal locations of the proposed portages relative
to each dam.
The Park Avenue Dam Portage will be coordinated with the current River Wall and Recreational Trail projects for
the River Renaissance projects for the upstream portage. The downstream portage will include reconstruction of the
existing river wall, as necessary, for construction of the portage. The portages will include a portage floor, steps
and reconstruction/redesign of the river wall, as necessary,to allow for the portage. In addition,signing and a buoy
system will be reviewed at the Park Avenue Dam to guide water trail users to the portages and warn the users of the
upcoming dam.
The 6th Street Dam Portage will also include reconstruction of the existing river wall, as necessary, to allow for
construction of the portages. As with the Park Avenue Dam Portage, the portage would include a floor, steps and
reconstruction/redesign of the river wall,as necessary,to allow access to and from the river by the users.
Scope of Services
The Scope of Services provided by the Consultant under this Agreement shall encompass and include all detailed
work, services, materials, equipment, personnel and supplies necessary to complete the design and construction-
related services for the project described above. The Scope of Services for Phase I - Final Design is defined as
follows. The Scope of Services for Phase II-Construction-Related Services will be determined after completion of
Phase I and added by supplemental agreement.
Phase I—Final Design of Cedar River Portages
Data Collection
Tasks 1 - 3 —Data Collection and Survey. It is anticipated previous surveys completed for the River Renaissance
projects will be used in common areas of design. Additional survey will be required for the downstream portages.
The following identifies tasks leading to the completion of the design survey and base mapping required for the
portages:
Task 1 -Data Collection
Task 2- Survey and Base Mapping
Task 3-Survey Note Reduction,Base Mapping and DTM Development
Preliminary Design
Tasks 4 - 8 -These tasks include development of concepts for portages at both dam locations,both on the upstream
and downstream sides of the respective dams. These tasks also include the preliminary review of signage for the
portages and a buoy system at the Park Avenue Dam. These tasks include completing a location analyses to
determine the proper location for the portages, in addition to development of preliminary design drawings, details
and cost estimates to assist in decision-making prior to final construction document preparation.
Task 4-Development of Preliminary Locations and Layout of Portages
Task 5-Preliminary Structural Design and Design Details
Task 6—Development of Preliminary Design Drawings for Each of the Portages
Task 7—Preliminary Design of Portage Signing and Buoy System
Task 8—Preliminary Cost Estimate
Preparation of Construction Documents(Tasks 9-20)
Tasks 9 - 20 - These tasks include developing grading construction plans and specifications for the Cedar River
Portages. Included in these tasks will be the typical cross-sections, tabulations and quantities, final plan sheets,
structural details, tabulations, signing, buoy system, design cross sections, construction cost estimate and technical
specifications. The following specific tasks lead to the completion of the final construction plans.
Task 9-Development of Final Location Drawings for Portages
Task 10-Final Structural Design and Detail Development for the Portages
Task 11 -Development of Special Project Details
Task 12-Plan Sheets and Layout of Each Portage
Task 13 -Development of Signage Plans for Portages,Including a Buoy System at the Park Avenue
Dam.
Task 14-Development of Design Cross Sections at Each Portage
Task 15 -Quality Control Review
Task 16-Final Revisions
Task 17-Quantities and Construction Cost Estimate
Task 18 - Specifications
Task 19-Printing and Submittals
Task 20-Field Review
Project Administration,Coordination,Permitting and Meetings(Tasks 21-24)
Tasks 21 - 23 - These tasks include project administration, coordination, permitting and meetings throughout the
project design. These tasks also include pre-letting activities and general project administration. The following
identifies tasks leading to the completion of project administration,permitting,meetings and coordination during the
design phase of the project.
Task 21 -Project Meetings
Task 22-Pre-Letting Activities
Task 23 -Project Administration
Task 24 — Permit Applications and Agency Coordination. Following Client approval of the preliminary design
drawings, a permit application to the U.S. Army Corps of Engineers for a 404 Permit will be submitted. This task
also includes coordination with the Iowa Department of Natural Resources and the U.S. Army Corps of Engineers.
The design of this project will limit any fill on the inside of the flood control levee (floodway). It is anticipated
hydraulic modeling will not be required and a local flood plain permit will be required. Coordination with the
IDNR Flood Plain personnel will,however,be completed.
Right-of-Way Activities
The project limits will be located within City-owned right-of-way. No right-of-way is anticipated for this project.
Phase II—Construction-Related Services
The scope of services for the construction-related services will be determined at the time the services are needed and
defined under an amendment to this Agreement. Construction-related services may include construction staking,
field review and contract administration during the construction phase of the project.
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ATTACHMENT B
Specifications
A. File Format
1. CADD Files. All CADD files will be submitted in MicroStation format in accordance with
current IDOT standards.
2. Word Processing Files. All documents will be submitted in Microsoft Word format.
B. Miscellaneous Provision
The following miscellaneous provision shall apply to the work to be performed and the Engineering -_
services to be furnished under this Agreement:
1. Specifications for deliverables shall use Iowa DOT Standard Specifications. Any Special
Provisions required in addition to the Standard Specifications of the Iowa DOT will be furnished
by the Consultant.
2. Plans shall be prepared to a scale of 1"=40'in plan view and 1"=5'vertical in profile.
3. City Responsibility: The City will provide the following:
a. Earth Tech standard request for information.
b. Current standard City specifications.
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ATTACHMENT C(referenced from 3.1)
Lump Sum
3.1.1 FEES AND PAYMENTS
3.1.1.1 Fees. For full and complete compensation for all work,materials,and services furnished under the terms
of this Agreement, the Consultant shall be paid fees on a lump sum basis and payment of this amount
shall be considered as full and complete compensation for all work, materials and services furnished
under the terms of this Agreement. The lump sum amount shall be $29,500.00. The estimated staff
hours and fees are shown in this attachment.
The lump sum amount will not be changed unless there is a substantial change in the magnitude, scope,
character, or complexity of the services from those covered in this Agreement. Any change in the lump_
sum amount will be by Supplemental Agreement.
3.1.1.2 Reimbursable Costs. Reimbursement of costs is limited to those that are allowable under the
provisions of Title 48, Subchapter E,Section 31.105 and Subpart 31.2 of the current Federal Acquisition
Regulation.
3.1.1.3 Premium Overtime Pay. Not applicable.
3.1.1.4 Payments. Monthly payments for work completed shall be based on the percentage of work completed
and substantiated by monthly progress reports. The Engineer will check such progress reports and
payment will be made for the proportional amount of the lump sum fee.
Upon completion, delivery, and acceptance of all work contemplated under this Agreement, the
Consultant shall submit one complete invoice statement for the balance of the lump sum fee. Payment
of 100% of the total cost claimed will be made upon receipt and review of such claim. The Consultant
agrees to reimburse the City for possible overpayment determined by fmal audit.
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Attachment C
Cedar River Water Trail
Portages au Park Avenue Dam&Vuh Street Dam
City p,Waterloo,Iowa
Phase|'Final Design Services
Staff Hour Estimate
Project Project CADD Project
Description ofWork Monuyor` Prof. Prof. Oper.|| Tech Support Total
Data Collection
1 Data Collection _ 2 _ 4 O
2 Survey and Base Mapping _ _____ _ ____ V 12 _____ �8
3 Note Reduction,Base Mapping a���Tm�_______ ____2____________ 2 __. _ ' 4
Subtotal Data Collection 0 4 0 8 /0 0 28
Preliminary Design
-- - ----.-- ----
- 4 Develop Preliminary Locations � -- O ---'----- 4 ---------��--'---'-12
5 Preliminary Structural Design and Design Details _______ 10 16
O Pm|iminaryDesign D�wingn 8 _ 8 ______ 16
7 Preliminary Design ofSignoge and 8uny.§yxtem 2 _ _ 4 8 _______ 14
_ 8 Pe|iminoryCost Eobmom _ _ 2 2 _______ _ 4
- Subtotal Preliminary Design 4 22 /s . 20 o u au
Preparation pf Construction Documents - - -
9 Final L D - '---- 4 * -- 8
10 Final Structural Design and Detail Development 2 8 40_ 10 ......................... ............_�.6
11 D _ 8 _ 8, 1O
_ 12 Final Plan and Layout Sheet for Each Portage ........... 16 ____
13 Development ofaignogn Plans and Buoy System _____2 u a _ _ 18
_ 14 Development ofDeaignCmoaGections _ 4 _ 4 u
15Quoiity Control Review 2 2 - 4
16 Final Revisions 2 4
___ 17 OvonuUosandCono,mvuonCoo�EoVmoou _ ___2_ 4 ______�................_ 8
18Spncificationx _ _ _ 8 4 ....
_ 10
20Field Review 2 2 _ _ 4
Subtotal P,enrauvno/Construction Documents 8 44 - 7* 0 Y» — 188
������`�......... .....��������...
-- �����n�nd�p�� ---- --_ ---- ---��-----
- 2�
Project Pn�am�o,�ings _ ----'---- 4 _---- �' - ___------- �- ---.
12
22 Pre-Letting Activities _______ 4 ........................... _... ............._ ........ 4
23 Project Administration 4 _ _ 4 8
_ 24 Permit Applications and Agency Coordination 2 _ O 4 ..............................._ 12
Subtotal Project Administration and Meetings /o /4 V 4 o a as
TOTAL HOURS 22 90 60 106 16 20 314
Attachment C
Cedar River Water Trail
Portages at Park Avenue Dam &6th Street Dam
City of Waterloo, Iowa
Phase I - Final Design Services
Cost Analysis
I. Direct Labor Cost(Earth Tech)
Category Hours Rate/Hour Amount
Project Manager 22 $59.00 $1,298.00
Project Professional 90 $45.25 $4,072.50
Professional 60 $23.00 $1,380.00
CADD Operator II 106 $24.50 $2,597.00
Technician 16 $20.00 $320.00
Project Support 20 $22.25 $445.00 $10,112.50
314
II. Payroll Burden and Overhead Provisional Costs 160.00% $16,180.00
III. Direct Project Expenses
Category Units Rate/Unit Amount
Mileage 100 0.485 48.50
Per Diem 0 30.00 0.00
Lodging 0 50.00 0.00
Copier 1000 0.06 60.00
Blueprinting 50 0.50 25.00
GPS 2 25.00 50.00
Geodimeter 4 12.50 50.00
Miscellaneous, Other 200.00 $433.50
IV. Earth Tech Estimated Actual Costs $26,726.00
Rounded $26,700.00
V. Subcontract Expense
VI. Estimated Actual Costs $26,700.00
VII. Fixed Fee $3,400.00
VIII. Contingency $2,700.00
IX. Total Fee $32,800.00
X. Lump Sum Adjustment ($3,300.00)
Xl. Lump Sum Fee $29,500.00
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 or 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 of agency may terminate this transaction for cause of default.
4. The prospective primary participant shall provide immediate written notice to the department or agency
to which 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 of 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 title "Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction," provided by the department or agency entering into this covered transaction, without
modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
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(Tel#).
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.
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 statues 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, Joe A. Becker, Vice President of Earth Tech, Inc., being duly sworn do hereby certify that the above
Statements are true and correct.
(S. nature)
Subscribed and sworn to this 30th day of July ,2007.
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ATTACHMENT E
Certification of Consultant
I hereby certify that I am the Vice President and duly authorized representative of the firm of Earth Tech, Inc.,
whose address is 501 Sycamore Street, Suite 222, Waterloo, Iowa, and that neither the above firm nor I here
represent 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 o deral-aid highway funds, and is subject to applicable, State and Federal laws, both criminal and
civil.
July 30,2007
Joe A.Becker Date
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ATTACHMENT F
Certification of City of Waterloo,Iowa
I hereby certify that I am the Mayor of the City of Waterloo, Iowa, and that the above consulting firm or their
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 expressing stated(if any):
I acknowledge that this certificate is to be furnished 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.
Tim Hurley,Mayor Date
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•
ATTACHMENT G
Consultant Name
Consultant Address
Consultant Address
Lump Sum Invoice
Date
Invoice No. Client Project No.
Invoice Period Covered County
Consultant Job No. Client Project Description
Client Contract No.
Total Lump Sum Amount
Percentage Completed
Total
Less Amount Previously Billed
Total Current Bill
Subconsultants
Name
Name
Name
Total
Current Labor Hours
Total Labor Hours Incurred to Date
Total Estimated Labor Hours
Note: When submitting a final invoice on a lump sum project,the final cumulative job cost report should be
submitted with the final invoice.
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'Y
s