HomeMy WebLinkAboutCouncil Packet - 7/2/9202CITY OF
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IOWA
THE CITY COUNCIL OF WATERLOO, IOWA
SPECIAL SESSION TO BE HELD AT
Harold E. Getty Council Chambers
Monday, July 29, 2024
5:30 PM
CITY OF WATERLOO
COMMUNITY VISION PLAN
1. Fly the W: To develop a sense of pride and relationship between residents and
the City of Waterloo, and then leverage that pride to communicate the City's
attributes to external audiences.
2. Elevate Housing: Redevelop, renovate, or improve 800 residences in Waterloo
in eight years by providing access to capital.
3. Celebrate and Connect Neighborhoods: To leverage Waterloo's rich tradition
of neighborhoods by celebrating and connecting them with the community and
region at large.
4. Waterloo Works: Grow a diverse and skilled workforce in Waterloo that
connects people and employers for mutual growth.
5. Crossroads Doubledown: Re -energize the Crossroads Mall area into a
sports/recreation-themed gravitational center.
6. Power Up Downtown: Keep Waterloo's core downtown evolving to meet the
needs of future generations, supporting and showcasing arts and cultural
opportunities and creating an experience like no other.
7. Sportstown USA: To generate excitement, develop youth, and drive
investment and economic impact from year-round visitors.
8. Community of Opportunity: Eliminate barriers that keep Waterloo residents,
and the community as a whole, from reaching its true potential, creating an
equitable, thriving, and sustainable community for future generations.
Waterloo is a Community of Opportunity, where everyone can prosper.
GENERAL RULES FOR PUBLIC PARTICIPATION SPECIAL SESSION AGENDA
A. Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does
not require cities to allow public participation except during public hearings. The public
is required to follow the rules listed in this article when speaking during any meeting of
the city council.
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B. At the presiding officer's discretion, individuals may address the presiding officer by
stepping to the podium, and after recognition by the presiding officer, shall state their
name, address, and group affiliation, if appropriate, and speak clearly into the
microphone.
C. Comments shall be germane and refrain from personal, impertinent, or slanderous
remarks.
D. Cell phones and electronic devices shall be set to silent prior to the start of the
meeting.
GENERAL RULES FOR PUBLIC COMMENT
A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3)
minutes During the public comment section of the agenda. The public shall not be
required to pre -register to speak during public comment. Individuals shall only speak
on matters not listed on the regular agenda for that date. Any matter presented shall
be directed to the presiding officer and addressed, if necessary, after the meeting.
B. Council members may speak during public comment portion of the agenda after the
public has finished speaking
C. City staff shall not be required to provide an immediate answer to a matter presented
during a council meeting unless it specifically pertains to an item on the agenda
RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS
Individuals may speak during the public comment portion of a scheduled public hearing for a
maximum of three (3) minutes or may submit written comments to the city clerk by four
o'clock (4:00) P.M. on the day of the public hearing. Groups of citizens with similar
viewpoints are encouraged to select a representative to share the viewpoint of the group.
RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS
At the discretion of the presiding officer, individuals may speak for a maximum of three (3)
minutes when the council discusses agenda items. This section does not apply to
businesses or parties directly involved in agenda items.
Roll Call.
Prayer or Moment of Silence.
Pledge of Allegiance, Belinda Creighton -Smith, Ward 4 Council Member.
Approval of Agenda, as proposed or amended.
Approval of Minutes of the July 15, 2024, Regular Council Session and Work Session, as
proposed or amended.
CONSENT AGENDA
The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote
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on a single motion without discussion. Council shall either vote yea or nay when the roll is
called. Council members may request that an item be removed from the consent agenda and
considered separately. Such a request does not require a second. The public shall be
prohibited from requesting that items listed on the consent agenda be removed and considered
separately. The public may contact council members with questions regarding consent agenda
items. 1-4A-16(A)(8).
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in
the office of the City Clerk.
RESOLUTIONS
1. Resolution approving a Professional Services Agreement with AECOM Technical Services,
of Waterloo, Iowa, in the amount of $1,973,300.00 for the final design of Phases 2 and 3 of
the La Porte Road Improvements Project, and authorizing the Mayor and City Clerk to
execute said document.
Submitted by: Jamie Knutson, City Engineer
2. Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in the
amount of $10,377,066.19, approving the contract, bonds, and certificate of insurance, in
conjunction with the FY 2024 La Porte Road Improvements Project, IDOT Agreement No.
HDP-8155(787)--71-07, Contract No. 1016, and authorizing the Mayor and City Clerk to
execute said documents.
Submitted by: Jamie Knutson, City Engineer
3. Resolution approving a contract with Grout Museum, Inc. in the amount of $625,000.00, to
provide educational services and enhance the quality of life for the residents of Waterloo,
Iowa, and authorizing the Mayor to execute said document.
Submitted by:
4. Resolution approving a Professional Services Agreement with Main Street Waterloo, in the
amount of $66,000.00, for Fiscal Year 2025, and authorizing the Mayor and City Clerk to
execute said document.
Submitted by: Noel Anderson, Community Planning and Development Director
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
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July 15, 2024
The City Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty
Council Chambers, Waterloo, Iowa, at 5:30 PM, on Monday, July 15, 2024.
Roll Call.
Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Mr. Chiles, Mr. Simon, Ms.
Wilder and Mr. Feuss joined via Zoom. Ms. Creighton -Smith was absent.
Prayer or Moment of Silence.
Pledge of Allegiance, Nia Wilder, Ward 3 Council Member.
Approval of Agenda, as proposed or amended.
Boesen/Wilder
that the agenda, as proposed, be approved. Voice vote -Ayes: Five. Motion carried. (Mr. Simon
was unable to cast a vote due to connectivity issues)
Approval of Minutes of the July 1, 2024, Regular Council Session, as proposed or amended.
Boesen/Wilder
that the minutes of the July 1, 2024, Regular Council Session, as proposed, be approved. Voice
vote -Ayes: Five. Motion carried. (Mr. Simon was unable to cast a vote due to connectivity
issues)
PUBLIC COMMENTS
There were no members of the public in attendance.
Mr. Nichols thanked the Waterloo Police and Fire Departments for their presence, attentiveness
and rapid response at the Summer Soul Classic event.
Feuss/Boesen
to close public comments. Voice vote -Ayes: Six. Motion carried.
CONSENT AGENDA
Feuss/Boesen
that the following items on the consent agenda be received and placed on file, including
payment of bills for July 8, 2024, in the amount of $2,807,220.60, and July 15, 2024, in the
amount of $4,795,982.42. Roll Call vote -Ayes: Five. Motion carried. (Mr. Simon was unable to
cast a vote due to connectivity issues)
Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the
office of the City Clerk.
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Roll Call vote -Ayes: Five. Motion carried. (Mr. Simon was unable to cast a vote due to
connectivity issues) Resolution adopted and upon approval by Mayor assigned No. 2024-403.
Resolution approving submission of a SMART grant application in the amount of
$1,975,500.00, for improving transportation safety for all roadway users with a focus on
Vulnerable Road Users (VRUs) including bicyclists, pedestrians, and motorcyclists by
conducting a systems' integration demonstration in downtown Waterloo.
Roll Call vote -Ayes: Five. Motion carried. (Mr. Simon was unable to cast a vote due to
connectivity issues) Resolution adopted and upon approval by Mayor assigned No. 2024-404.
Resolution approving the request by Dolores Kaye Dean, for tax exemptions on the
construction of a new single-family home valued at $799,600.00, for property located at 4856
Shelley Court and located in the City Limits Urban Revitalization Area (CLURA).
Roll Call vote -Ayes: Five. Motion carried. (Mr. Simon was unable to cast a vote due to
connectivity issues) Resolution adopted and upon approval by Mayor assigned No. 2024-405.
Resolution approving the request by Nermin Ferkic, for tax exemptions on the construction of a
new single-family home valued at $290,000.00, for property located at 125 Coral Drive and
located in the Consolidated Urban Revitalization Area (CURA).
Roll Call vote -Ayes: Five. Motion carried. (Mr. Simon was unable to cast a vote due to
connectivity issues) Resolution adopted and upon approval by Mayor assigned No. 2024-406.
Resolution approving the request of Anne Sergeant, for a waiver for a concrete driveway,
located at 4735 Clover Lane, and authorizing the construction of a concrete driveway and
placing a driveway or sidewalk on the city right-of-way on an unimproved street.
Roll Call vote -Ayes: Five. Motion carried. (Mr. Simon was unable to cast a vote due to
connectivity issues) Resolution adopted and upon approval by Mayor assigned No. 2024-407.
Resolution approving a variance to lift the truck embargo in the 700-1500 blocks of Rainbow
Drive, (Greenhill Road to 300 Ansborough Avenue), for the duration of construction, for the FY
2024 Rainbow Drive Railroad Crossing Repair Project, Contract No. 1108.
Roll Call vote -Ayes: Five. Motion carried. (Mr. Simon was unable to cast a vote due to
connectivity issues) Resolution adopted and upon approval by Mayor assigned No. 2024-408.
Resolution setting date of public hearing as August 5, 2024, for the sale and conveyance of
city -owned property located southeast of 203 Lafayette Street, in the amount of $5,000.00, to
Cedar River Renaissance, LLC, including approval of a Development Agreement for the
construction a new duplex and rehabilitation of the property located at 203-205 Lafayette Street,
including $5,000.00 per new dwelling unit and a development grant of $50,000.00, and instruct
the City Clerk to publish notice.
Roll Call vote -Ayes: Five. Motion carried. (Mr. Simon was unable to cast a vote due to
connectivity issues) Resolution adopted and upon approval by Mayor assigned No. 2024-409.
Resolution approving award of bid to Taylor Construction, Inc., of New Vienna, Iowa, in the
amount of $976,021.50, approving the contract, bonds, and certificate of insurance, in
conjunction with the FY 2023 Hammond Avenue Bridge Replacement over Sink Creek,
Contract No. 922, Iowa DOT Contract No. BROS-8155(759)--8J-07, and authorizing the Mayor
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and City Clerk to execute said documents.
Roll Call vote -Ayes: Five. Motion carried. (Mr. Simon was unable to cast a vote due to
connectivity issues) Resolution adopted and upon approval by Mayor assigned No. 2024-410.
Motion to approve Final Quantity Summary with Peterson Contractors, Inc., of Reinbeck, Iowa,
for a net decrease of $69,067.95, in conjunction with the FY 2023 E. San Marnan Drive
Reconstruction Project, Contract No. 1084, and authorizing the Mayor and City Clerk to execute
said document.
Resolution approving Completion of Project and Recommendation of Acceptance of Work for
work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of
$2,428,623.00, in conjunction with the FY 2023 E. San Marnan Drive Reconstruction Project,
Contract No. 1084, and receive and file a two-year maintenance bond.
Roll Call vote -Ayes: Five. Motion carried. (Mr. Simon was unable to cast a vote due to
connectivity issues) Resolution adopted and upon approval by Mayor assigned No. 2024-411.
David Deeds, Board/Commission: Waterloo Airport Board Expiration Date: June 30, 2028,
(Renewal].
John Mrzlak, Board/Commission: Memorial Hall, Expiration Date: July 15, 2027, [Renewal].
Motion to approve appointment of Jesse Gaherty from Interim Collection Systems Project
Director to the position of Collection Systems Project Director in the Waste Management
Services division of Public Works, effective July 16, 2024.
Motion approving Recycling Yard License Applications as listed in Exhibit A.
Communication from the Police Department on the notice of the conclusion of employment of
Kerry Devine, Police Sergeant, effective July 5, 2024, with recommendation of approval of
payout of $50,598.42 for unused benefits.
Communication from the Community Development Department on the notice of the conclusion
of employment of Jennifer Coon, Administrative Secretary, effective June 28, 2024, with
recommendation of approval of payout of $1,410.00 for unused benefits.
Communication from the Finance Department on the notice of the conclusion of employment of
Brent Bohlen, Financial Analyst, effective June 28, 2024, with recommendation of approval of
payout of $10,230.66 for unused benefits.
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Complete Streets Advisor ry Committee minutes of March 26, April 30, and May 28 2024.
Liquor Licenses
a. Cedar Valley Pridefest, 200-300 Blk W. 4th St. / 500-600 Blk of Jefferson St., Class C
Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 8/25/2024.
b. Chaser's Pub, 3005 University Ave., Class C Alcohol w/Outdoor Service and Sunday Sales
(Renewal) Exp: 7/7/2025.
c. Iowa Irish Fest, 315 E. 5th St., Class C Alcohol w/Outdoor Service and Sunday Sales (New)
Exp: 8/5/2024.
d. Iowa Irish Fest, 3238 Dewitt Rd., Class C Alcohol w/Outdoor Service and Sunday Sales
(New) Exp: 8/5/2024.
e. The Iron Horse Saloon, 303 W. 4th St., Class C Alcohol with Sunday Sales (Renewal) Exp:
6/5/2025.
Bonds.
PUBLIC HEARINGS
Request by Lola Burt for the vacate, sale, and conveyance of approximately 6,682 square feet
of city -owned right-of-way for $600.00, located east of 522 Albany Street.
Nichols/Chiles
to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion
carried.
This being the time and place of the public hearing, the Mayor called for written and oral
comments and there were none.
Nichols/Chiles
to close hearing and receive and file recommendation of approval of the Planning,
Programming and Zoning Commission. Voice vote -Ayes: Six. Motion carried.
Nichols/Chiles
to receive, file, consider and pass for the first time an ordinance approving a request by Lola
Burt to vacate approximately 6,682 square feet of city -owned right-of-way located east of 522
Albany Street. Roll Call vote -Ayes: Six. Motion carried.
Nichols/Chiles
to suspend the rules. Roll Call vote -Ayes: Six. Motion carried.
Nichols/Chiles
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to receive, file, consider, and pass for the second and third times and adopt said ordinance. Roll
Call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned
No. 5770.
Nichols/Chiles
Resolution authorizing the sale and conveyance of city -owned right-of-way located east of 522
Albany Street, in the amount of $600.00 to Lola Burt with no development agreement, and
authorizing the Mayor and City Clerk to execute said documents and Quit Claim Deed. Roll Call
vote -Voice vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-412.
Sale and conveyance of city -owned property located east of 427 Rath Street, in the amount of
$10.00, to Ronald Lee Kisner, Jr., including a Development Agreement and Real Estate
Contract.
Boesen/Nichols
to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion
carried.
This being the time and place of the public hearing, the Mayor called for written and oral
comments and there were none.
Boesen/Nichols
to close hearing and receive and file oral and written comments. Voice vote -Ayes: Six. Motion
carried.
Boesen/Nichols
Resolution authorizing the sale and conveyance of city -owned property located east of 427
Rath Street, in the amount of $10.00, to Ronald Lee Kisner, Jr., and authorizing the Mayor and
City Clerk to execute said documents. Voice vote -Ayes: Four. Nays: Two (Boesen, Simon).
Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-413.
Mr. Boesen shared his concern about setting a precedence by allowing a four hundred square
foot house.
Noel Anderson, Community Planning and Development Director, explained that the zoning
ordinance does allow for a minimum twenty -foot by twenty -foot house.
Mr. Boesen questioned if it falls under the $5,000 housing grant for infill housing.
Noel Anderson confirmed.
Mr. Boesen questioned if the lot could accommodate a garage as required by code.
Noel Anderson confirmed and explained that the Zoning Ordinance requires a minimum of a
ten -foot by fourteen -foot single -stall garage.
Boesen/Nichols
Resolution approving a Development Agreement and Real Estate Contract with Ronald Lee
Kisner, Jr. for the construction of a home on the lot east of 427 Rath Street, including a
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$5,000.00 infill housing grant upon completion of the project, and authorizing the Mayor and
City Clerk to execute said documents. Voice vote -Ayes: Four. Nays: Two (Boesen, Simon).
Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-414.
Proposed funding recommendation set forth by the Community Development Board for the FFY
24-28 Waterloo/Cedar Falls HOME Consortium Five -Year Consolidated Plan/Annual Action
Plan
Feuss/Nichols
to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion
carried.
This being the time and place of the public hearing, the Mayor called for written and oral
comments.
Rudy Jones, Community Planning and Development Director, thanked those who
participated in the sub -committee review.
Jeremy Gray, Mosaic Community Planning, provided an overview of the plan.
Feuss/Nichols
to close the hearing and receive and file oral and written comments and recommendations of
the Community Development Board. Voice vote -Ayes: Six. Motion carried.
Feuss/Nichols
Resolution approving FFY 24-28 Waterloo/Cedar Falls HOME Consortium Five -Year
Consolidated Plan/Annual Action Plan. Roll Call vote -Ayes: Six. Motion carried. Resolution
adopted and upon approval by Mayor assigned No. 2024-415.
Feuss/Nichols
Resolution approving funding recommendation set forth by the Community Development Board
for the FFY 24-28 Waterloo/Cedar Falls HOME Consortium Five -Year Consolidated
Plan/Annual Action Plan. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon
approval by Mayor assigned No. 2024-416.
FY 2024 La Porte Road Improvements, IDOT Agreement No. HDP-8155(787)--71-07, Contract
No. 1016.
Chiles/Nichols
to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion
carried.
This being the time and place of the public hearing, the Mayor called for written and oral
comments and there were none.
Chiles/Nichols
to close the hearing. Voice vote -Ayes: Six. Motion carried.
Chiles/Nichols
Resolution confirming approval of specifications, bid documents, form of contract, etc., and
authorizing to proceed. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon
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approval by Mayor assigned No. 2024-417.
RESOLUTIONS
Resolution approving an agreement with USDA Wildlife Services to minimize wildlife -related
property damage and risk to human health and safety, and authorizing the Mayor to execute
said document.
Nichols/Wilder
Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor
assigned No.2024-418.
Resolution approving an agreement with Routeware, Inc., to include a one-time hardware
purchase of $13,487.00 and a monthly subscription fee of $1,771.90 for a thirty -six-month
lease, installation of five new Android Tablets and corresponding subscription service for newly
purchased Sanitation trucks and those trucks without current Routeware systems, and
authorizing the Mayor to execute said documents.
Nichols/Wilder
Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-
Resolution approving an agreement with Routeware, Inc., to include a one-time purchase of
Scale Connector Cables of $384.00 and a monthly subscription fee of $2,718.24 for twelve
Heavy Duty 10" Android Tablets for a thirty -six-month lease, and authorizing the Mayor to
execute said documents.
Nichols/Wilder
Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-420.
Resolution approving an Agreement for property improvement, with Cindy Ann Blow and
Rayvynn Schauf, for the rehabilitation of 219 fallen Street, and authorizing the Mayor and City
Clerk to execute said document.
Feuss/Wilder
Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-421.
Ms. Wilder thanked the purchasers and shared that she excited to see how it will look and how
the neighborhood will feel once it is completed.
Resolution approving the Real Estate Purchase Agreement with Cedar Valley Tech Works, Inc.,
and Lincoln Savings Bank, for property located at 360 Westfield Avenue, in the amount of
$45,000.00, plus up to $2,000.00 in closing costs, and authorizing the Mayor and City Clerk to
execute said document.
Feuss/Wilder
Roll Call vote -Ayes: Five. Nays: One (Simon). Motion carried. Resolution adopted and upon
approval by Mayor assigned No. 2024-422.
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Mr. Boesen questioned why we are buying this piece of property and noted that the addendum
in the council packet does not indicate where it is located.
Noel Anderson, Community Planning and Development Director, apologized for the omission of
an aerial view, and described the location of the property.
Mr. Boesen questioned if we should anticipate buying more property in that area.
Noel Anderson commented that we should not need to buy more property there.
Mr. Simon questioned if the property price had been negotiated.
Noel Anderson explained that it is the assessed value.
Resolution Directing the Acceptance of a Proposal to Purchase $5,500,000.00 Sewer Revenue
Capital Loan Notes, Series 2024E.
Feuss/Wilder
Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-423.
Maggie Burger, Speer Financial, provided an overview and commented that this is in relation to
the city's backbone portion of the fiber project.
Resolution approving an Enterprise License Agreement with Environmental Systems Research
Institute, Inc., of Redlands, California, in the amount of $58,500.00 annually for three years, for
ESRI Geographic Information Systems Software on an unlimited basis, and authorizing the
Mayor to execute said document.
Boesen/Nichols
Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-424.
Resolution approving School Resource Officer Agreement with the Waterloo Community School
District to provide six School Resource Officers in the schools for FY 2025, in the amount of
$391,195.00 and $410,755.00 for FY 2026 to include funding for Officer training, and
authorizing the Mayor to execute said document.
Boesen/Nichols
Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-425.
ADJOURNMENT
Nichols/Wilder
that the council adjourn at 6:15 p.m. Voice vote -Ayes: Six. Motion carried.
Kelley Felchle
City Clerk
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July 15, 2024
COUNCIL WORK SESSION
Harold E. Getty Council Chambers
3:45 p.m.
Roll Call.
Members present: Mayor Pro Tem Ray Feuss in the Chair. Mr. Boesen, Mr. Nichols, Mr.
Chiles, Mr. Simon and Mr. Feuss. Ms. Creighton -Smith and Ms. Wilder were absent.
Agenda, as proposed or amended.
Boesen/Simon
that the agenda, as proposed, be approved. Voice vote -Ayes: Five. Motion carried.
Approval of Minutes of the June 17, 2024, Council Work Session as proposed or amended.
Boesen/Simon
that the agenda, as proposed, be approved. Voice vote -Ayes: Five. Motion carried.
Update from Main Street Waterloo.
Jessica Rucker, Main Street Waterloo Director, provided an overview of the impact Main Street
Waterloo has had on Downtown Waterloo within the last year.
Mr. Boesen requested a map of the properties located within the 5-minute drive radius.
Ms. Rucker stated that she would send that information to Mr. Boesen.
Mr. Boesen commented that he would like to see the footprint of Main Street shrink to East and
West 4th Street.
Ms. Rucker commented that Main Street used to be smaller, but it was expanded through
strategic conversations, SSMID, Property Owners, etc.
Mr. Boesen questioned if the 247 businesses since 1996 are still in business here in Waterloo.
Ms. Rucker commented that this number is net.
Mr. Simon questioned if there has been any discussion about creating part of Downtown as part
of a pedestrian mall.
Ms. Rucker commented that she had a meeting with Iowa ABD on Friday to discuss a
pedestrian mall.
Mr. Chiles questioned why there are not any parklets.
Ms. Rucker provided a brief overview of conversations she has had with business owners. She
shared that part of the problem was where business owners would move and store their
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parklets. She is hopeful that next year will bring more interest in parklets as people begin to
understand the ordinance and have developed a plan and budget to move forward.
Discussion of Waterloo Fire Rescue Fees.
Chief Beck presented three ideas as possible methods of cost recovery for Waterloo Fire
Rescue. He explained Waterloo Fire Rescue's involvement in each of the three services and
reviewed the proposed fees through an ordinance he plans to submit for council approval at the
next meeting. He further explained that the collection of unpaid fees would run through the
current collection agency.
He proposed that a flat fee of $500 is assessed to the owner of a vehicle fire, not due to a motor
vehicle accident or arson, where Waterloo Fire Rescue responds. This is the typical maximum
amount payable by private auto insurance policies for fire department fees. For vehicles not
covered with comprehensive care, he would like to have the ability, as chief, to waive the fee for
underinsured or self -insured drivers who meet financial hardship guidelines set by Waterloo
Fire Rescue.
Chief Beck also proposed an increase in fees for the use of an absorbent by Waterloo Fire
Rescue personnel for the mitigation of engine fluid spills. This increase would be from $75 to
$150 per 40 pound bag.
The third increase would be for fees associated with Commercial Building Fires. These
updated prices will be the first increase since 2001. The current minimum fee for service is
$500, with rights for the chief to waive it. He is proposing to set fixed "per hour" rates of $170
for the Command Vehicle; $450 for the Aerial Device; $270 for the Engine/Rescue Truck and
$350 for an Ambulance. He would also increase the minimum charge to $1,100.
ADJOURNMENT
Chiles/Boesen
that the council adjourn at 4:45 p.m. Voice vote -Ayes: Five. Motion carried.
Kelley Felchle
City Clerk
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Contract No.
Owner Project No.
Iowa DOT Project No. HDP-8155(787)-71-07
Standard Consultant Contract
For Local Public Agency Consultant Contracts with Federal -aid Participation
This AGREEMENT, made as of the date of the last party's signature below, is by and
BETWEEN City of Waterloo, the Owner, located at:
715 Mulberry Street
Waterloo, Iowa 50703
Phone: (319) 291-4312
FAX: (319) 291-4262
and AECOM Technical Services, Inc., the Consultant, located at:
501 Sycamore Street, Suite 222
Waterloo, Iowa 50703
Phone: (319) 232-6531
FAX: (319) 232-0271
For the following Project: La Porte Road Reconstruction Project.
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 preliminary and final design and engineering services to
assist with the development and completion of the Project. The Consultant is willing to perform engineering
services in accordance with the terms of this Agreement.
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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
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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: Provide Preliminary and Final Design and Engineering Services to assist with the
development and completion of the Project.
1.2 Financial Parameters
1.2.1 Amount of the Owner's budget for the Consultant's compensation is:
Division I (RAISE, STBG, & Local Funding) $1,723,400.00
Division II (RAISE and Local Funding) $ 172,000.00
Division III (Local Funding) $ 73,200.00
Total $1,968,600.00
1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is:
Division I $ 273,300.00
Division II $ 37,200.00
Division III $ 19,500.00
Total $ 330,000.00
1.3 Project Team
1.3.1 The Owner's Designated Representative, identified as the Contract Administrator is:
Mr. Jamie Knutson, PE, City Engineer
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:
Ms. Michelle Sweeney, PE, PTOE, Project Manager
1.3.3 The subconsultants retained at the Consultant's expense are identified in the following table:
Subconsultant Amount Authorized Maximum Amount Payable Method of Payment
Division I
HR Green $131,100.00 $142,800.00 CPFF
Terracon $ 37,700.00 $ 41,200.00 CPFF
Robinson Engineering $ 82,000.00 $ 89,300.00 CPFF
Total $250,800.00 $273,300.00
Division II
RITLAND+KUIPER L.A. $33,800.00 $37.200.00 Unit Rate
Total $33,800.00 $37,200.00
Division III
HR Green $ 8,800.00 $ 9,600.00 CPFF
Iowa Counts $ 9.000.00 $ 9.900.00 Unit Price
Total $17,800.00 $19,500.00
Total (Divisions I,II,&III) $302,400.00 $330,000.00
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1.4 Time Parameters
1.4.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to
proceed from the Owner.
1.4.2 Milestones for completion of the work under this Agreement as follows:
1. Completion of all work under this agreement shall be on or before 6/30/2026 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
Categories 212-215. 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:
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.1 X Cost Plus Fixed Fee - Attachment C
.2 [ ] Lump Sum - Attachment C
.3 [ ] 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
4.1 Ownership of Engineering Documents
4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared
under this Agreement shall become the property of the Owner and shall be delivered to the Contract
Administrator upon completion of the plans or termination of the services of the Consultant. There shall
be no restriction or limitation on their future use by the Owner, except any use on extensions of the
project or on any other project without written verification or adaptation by the Consultant for the specific
purpose intended will be the Owner's sole risk and without liability or legal exposure to the Consultant.
4.1.2 The Owner acknowledges the Consultant's plans and specifications, including all documents on
electronic media, as instruments of professional service. Nevertheless, the plans and specifications
prepared under this Agreement shall become the property of the Owner upon completion of the services
and payment in full of all moneys due to the Consultant.
4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall
conform to the specifications listed in Attachment B. Any change to these specifications by either the
Owner or the Consultant is subject to review and acceptance by the other party. Additional efforts by
the Consultant made necessary by a change to the CADD software specifications shall be compensated
for as Additional Services.
4.1.4 The Owner is aware that significant differences may exist between the electronic files delivered
and the respective construction documents due to addenda, change orders or other revisions. In the
event of a conflict between the signed construction documents prepared by the Consultant and
electronic files, the signed construction documents shall govern.
4.1.5 The Owner may reuse or make modifications to the plans and specifications, or electronic files
while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of
the plans and specifications.
4.2 Subconsultant Contract Provisions and Flow Down
4.2.1 All provisions of this Agreement between the Owner and Consultant shall also apply to all
subconsultants hired by the Consultant to perform work pursuant to this Agreement. It is the
Consultant's responsibility to ensure all contracts between Consultant and its subconsultants contain all
provisions required of Consultant in this Agreement. The only recognized exception to this requirement is
under provision 3.1.2 when the subconsultant has a different method of reimbursement than the
Consultant.
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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.
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 Owner's right to seek
recovery of damages for negligence on the part of the Consultant herein.
4.6.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed
and accepted work product or parts thereof revised, the Consultant shall make such revisions if
requested and directed by the Contract Administrator in writing. This work will be paid for as provided
in Article 4.7.
4.7 Extra Work. If the Consultant is of the opinion that any work it has been directed to perform is beyond
the scope of this Agreement, and constitutes "Extra Work," it shall promptly notify the Contract
Administrator in writing to that effect. In the event that the Contract Administrator determines that such
work does constitute "Extra Work", the Consultant shall promptly develop a scope and budget for the
extra work and submit it to the Contract Administrator. The 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.
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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.
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 4.12.2 or Article 4.12.3 below.
4.11.2 Should the Owner wish to reinstate the work after notice of suspension, such reinstatement may
be accomplished by thirty (30) days' written notice within a period of one year after such suspension,
unless this period is extended by written consent of the Consultant.
4.11.3 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
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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 scope of services has been completed and the project letting can be
completed without further revisions in that work, or if the Consultant is released prior to such time by
written notice from the Contract Administrator.
4.13 Right to Set-off. In the event that the Consultant owes the Owner any sum under the terms of this
Contract, the 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.
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.
4.17.4 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 -
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discrimination in Federally assisted programs of the Department of Transportation (hereinafter,
"DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a
part of this contract.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the
selection and retention of subconsultants, including procurement of materials and leases of
equipment. The Consultant shall not participate either directly or indirectly in the discrimination
prohibited by section 21.5 of the Regulations, including employment practices when the contract
covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Consultant for work to be
performed under a subcontract, including procurement of materials or leases of equipment, each
potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations
under this contract and the Regulations relative to non-discrimination on the grounds of race, color,
national origin, sex, age, or disability.
4. Information and Reports: The Consultant shall provide all information and reports required by the
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 Consultant's noncompliance with the
nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it,
the Iowa Department of Transportation or the Federal Highway Administration may determine to be
appropriate, including, but not limited to:
a. withholding of payments to the Consultant under the contract until the Consultant complies,
and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs (1) through
(6) in every subcontract, including procurement of materials and leases of equipment, unless exempt
by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with
respect to any subcontract or procurement as the Owner, the Iowa Department of Transportation or
the Federal Highway Administration may direct as a means of enforcing such provisions including
sanctions for non-compliance: provided, however, that, in the event a Consultant becomes involved
in, or is threatened with, litigation with a 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 of its subconsultants shall take all necessary and reasonable steps in
compliance with the Iowa DOT DBE Program to ensure disadvantaged business enterprises have the
maximum opportunity to compete for and perform contracts.
4.18.2 The Consultant shall pay its subconsultants for satisfactory performance of their work no later
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than 30 days from receipt of each payment it receives from the Owner for such work. If the Owner holds
retainage from the Consultant, the Consultant may also withhold retainage from its subconsultant(s). If
retainage is withheld from a subconsultant, full payment of such retainage shall be made within 30 days
after the subconsultant's work is satisfactorily completed.
4.18.3 Upon notification to the Consultant of its failure to carry out the requirements of this Article, the
Owner, the Iowa DOT, or the FHWA may impose sanctions which may include termination of the
Agreement or other measures that may affect the ability of the Consultant to obtain future U.S. DOT
financial assistance. The Consultant is hereby advised that failure to fully comply with the requirements
of this Article shall constitute a breach of contract and may result in termination of this Agreement by the
Owner or such remedy as the Owner, Iowa DOT or the FHWA deems appropriate, which may include,
but is not limited to:
1. withholding monthly progress payments;
2. assessing sanctions;
3. liquidated damages; and / or
4.19 Severability. If any section, provision or part of this Agreement shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section,
provision, or part thereof not adjudged invalid or unconstitutional.
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.
AECOM Technical Services, Inc.
By Date:
Douglas W. Schindel, PE
Vice President
ATTEST:
By Date:
Kimberley Smith
City of Waterloo
By Date:
Quentin Hart
Mayor
IOWA DEPARTMENT OF TRANSPORTATION
Accepted for FHWA Authorization*
By Date:
Name
Title
* 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.
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ATTACHMENT A
Scope of Services
City of Waterloo
La Porte Road Reconstruction Project — Highway 218 to Bopp Street
Preliminary and Final Design Services
Project Number: HDP-8155(787)-71-07
This project consists of the preliminary and final design of Phase 2 and 3 of the La Porte Road Reconstruction
Project from the Highway 218 slip ramp to the Bopp Street intersection. The final design services include
geotechnical review, grading, paving, bicycle and pedestrian facilities, storm and sanitary sewers, box culvert
reconstruction, traffic signalization, roundabout, streetlighting, access management modifications, landscaping,
aesthetics, and right-of-way activities.
The final design under this agreement will be split into a maximum of two construction packages for La Porte Road
bidding. Phase 2 roadway limits will be from Highway 218 slip ramp to Ridgeway Avenue which includes a
recreational trail connection to 18th Street and Phase 3 roadway limits will be from Ridgeway Avenue to Bopp Street.
The Scope of Services is described in more detail as follows:
Division I — Preliminary & Final Design (RAISE Grant, SWAP, and Local Funding)
PRELIMINARY DESIGN — The following tasks lead to the completion of Preliminary Design for the revised
Phases 2 & 3 as described in the RAISE Grant Agreement.
Geotechnical Engineering —Tasks 1-2. The soil borings and geotechnical engineering activities will be completed
by Terracon Consultants. The scope of geotechnical engineering activities is intended to provide the necessary
design recommendations for the grading and paving of the project. The following tasks are included in this scope:
Task 1 — Soil Borings. Soil borings will be obtained to determine the subsurface conditions in the corridor. The
number and depth of borings, as well as the number and type of samples obtained, will be sufficient to complete
the geotechnical engineering and recommendations for the project. It is anticipated that soil borings will be obtained
at approximate 400-foot intervals for the Phase 2 and 3 project limits.
Task 2 — Geotechnical Engineering, Report and Recommendations. The geotechnical engineering will include the
necessary laboratory testing, classifications and geotechnical engineering analysis required to develop the final
geotechnical engineering recommendations for the project, including subgrade treatment recommendations and
pavement thickness.
Preliminary Design — La Porte Road Phase 2 — Tasks 3-20. The following tasks lead to the completion and
submittal of preliminary grading, drainage and paving construction plans and Iowa DOT Preliminary Plan Checklist
for the Phase 2 Project. Preliminary design will be completed in accordance with Iowa DOT Standards. HR Green
will assist in completing the tasks associated with the traffic signalization and streetlighting design. Robinson
Engineering will assist in completing the tasks associated with the erosion control sheets. The following tasks are
included:
Task 3 — Title Sheet and Legend Sheet (A Sheet)
Task 4 — Typical Sections (B Sheets)
Task 5 — Plan and Profile Sheets (D and E Sheets)
Task 6 — Recreational Trail and Sidewalk Design and Sheets (E Sheets)
Task 7 — Removal Sheets (DR Sheets)
Task 8 — Right -of -Way Design and Sheets (H Sheets)
Task 9 — Staging and Traffic Control Design and Sheets (J Sheets)
Task 10 — Roundabout and Intersections Design and Sheets (L Sheets)
Task 11 — Drainage Analysis
Task 12 — Storm Sewer Sheets (M Sheets)
Task 13 — Traffic Signal Design and Sheets (Completed by HR Green) (N Sheets)
Task 14 — Pavement Marking Sheets (N Sheets)
Task 15 — Streetlighting Design and Sheets (Completed by HR Green) (P Sheets)
Task 16 — Erosion Control Sheets (Completed by Robinson Engineering) (RC, RR and RU Sheets)
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Task 17 — Ramp Design and Sheets (S Sheets)
Task 18 — Cross Sections (W and X Sheets)
Task 19 — Construction Cost Estimates
Task 20 — Existing Utility Review/Accommodation
Preliminary Desiqn — La Porte Road Phase 3 — Tasks 21-39. The following tasks lead to the completion and
submittal of preliminary grading, drainage and paving construction plans and Iowa DOT Preliminary Plan Checklist
for the Phase 3 Project. Preliminary design will be completed in accordance with Iowa DOT Standards. HR Green
will assist in completing the tasks associated with the traffic signalization and streetlighting design. Robinson
Engineering will assist in completing the tasks associated with erosion control sheets. The following tasks are
included:
Task 21 — Title Sheet and Legend Sheet (A Sheet)
Task 22 — Typical Sections (B Sheets)
Task 23 — Plan and Profile Sheets (D and E Sheets)
Task 24 — Recreational Trail and Sidewalk Design and Sheets (E Sheets)
Task 25 — Removal Sheets (DR Sheets)
Task 26 — Right -of -Way Design and Sheets (H Sheets)
Task 27 — Staging and Traffic Control Design and Sheets (J Sheets)
Task 28 — Intersections Design and Sheets (L Sheets)
Task 29 — Drainage Analysis
Task 30 — Storm Sewer Sheets (M Sheets)
Task 31 — Traffic Signal Design and Sheets (Completed by HR Green) (N Sheets)
Task 32 — Pavement Marking Sheets (N Sheets)
Task 33 — Streetlighting Design and Sheets (Completed by HR Green) (P Sheets)
Task 34 — Erosion Control Sheets (Completed by Robinson Engineering) (RC, RR and RU Sheets)
Task 35 — Ramp Design and Sheets (S Sheets)
Task 36 — San Marnan Box Culvert Analysis, Design and Sheets (V Sheets)
Task 37 — Cross Sections (W and X Sheets)
Task 38 — Construction Cost Estimates
Task 39 — Existing Utility Review/Accommodation
FINAL DESIGN — The following tasks lead to the completing of the Final Design for the revised Phases 2 & 3
as described in the RAISE Grant Agreement.
Final Desiqn — La Porte Road Phase 2 — Tasks 40-67. The following tasks lead to the completion and submittal
of final grading, drainage and paving construction plans for the project. Final design will be completed in accordance
with Iowa DOT Standards and prepared for an Iowa DOT letting. HR Green will assist in completing the tasks
associated with the traffic signalization and streetlighting design. Robinson Engineering will assist in completing the
tasks associated with erosion control sheets. The following tasks are included:
Task 40 — Title and Legend Sheets (A Sheets)
Task 41 — Typical Sections and Details (B Sheets)
Task 42 — Bid Items and General Notes (C Sheets)
a. Bid Item and Quantity Listing
b. Estimate Reference Information
c. General Notes
Task 43 — Tabulations and Quantities (C Sheets)
Task 44 — Plan and Profile Sheets (D and E Sheets)
a. Mainline La Porte Road
b. Side Road Connections
c. Roundabout
d. Recreational Trail and Sidewalk Design and Sheets (E Sheets)
Task 45 — Removal Sheets (DR Sheets)
Task 46 — Temporary Pavement Sheets (F Sheets)
Task 47 — Geometric Layout Sheets (G Sheets)
Task 48 — Right -of -Way Sheets (H Sheets)
Task 49 — Staging and Traffic Control Design (J Sheets)
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Task 50 — Ramp Sheets (K Sheets)
Task 51 — Roundabout and Intersection Details (L Sheets)
Task 52 — Storm Sewer Design Sheets (M Sheets)
Task 53 — Subdrainage Design
Task 54 — Hydrologic / Hydraulic Review
Task 55 — Traffic Signalization Sheets (Completed by HR Green) (N Sheets)
a. Signals along La Porte Road (2 — Mitchell Avenue, Ridgeway Avenue)
b. Signals along Highway 218 Modifications for ADA Improvements
Task 56 — Signing and Pavement Markings Design (N Sheets)
Task 57 — Streetlighting Design (Completed by HR Green) (P Sheets)
Task 58 — Temporary Erosion Control Design/SWPPP (Completed by Robinson Engineering) (RC, RE, and RU
Sheets)
Task 59 — ADA Sidewalk Details (S Sheets)
a. Recreational Trail and Sidewalk along La Porte Road
b. Recreational Trail along Highway 218
Task 60 — Soils and Earthwork Design (T Sheets)
Task 61 — Special Details (U Sheets)
Task 62 — Cross Sections (W and X Sheets)
Task 63 — Quality Control Review
Task 64 — Printing and Submittals
Task 65 — Construction Cost Opinion
Task 66 — Special Provisions (Includes Public Interest Findings for Traffic Signals and Streetlighting)
Task 67 — Field Review
Final Design — La Porte Road Phase 3 — Tasks 68-95. The following tasks lead to the completion and submittal
of final grading, drainage and paving construction plans for the project. Final design will be completed in accordance
with Iowa DOT Standards and prepared for an Iowa DOT letting. HR Green will assist in completing the tasks
associated with the traffic signalization and streetlighting design. Robinson Engineering will assist in completing the
tasks associated with erosion control sheets. The following tasks are included:
Task 68 — Title and Legend Sheets (A Sheets)
Task 69 — Typical Sections and Details (B Sheets)
Task 70 — Bid Items and General Notes (C Sheets)
a. Bid Item and Quantity Listing
b. Estimate Reference Information
c. General Notes
Task 71 — Tabulations and Quantities (C Sheets)
Task 72 — Plan and Profile Sheets (D and E Sheets)
a. Mainline La Porte Road
b. Side Road Connections
Task 73 — Removal Sheets (DR Sheets)
Task 74 — Temporary Pavement Sheets (F Sheets)
Task 75 — Geometric Layout Sheets (G Sheets)
Task 76 — Right -of -Way Sheets (H Sheets)
Task 77 — Staging and Traffic Control Design (J Sheets)
Task 78 — Intersection Details (L Sheets)
Task 79 — Storm Sewer Design Sheets (M Sheets)
Task 80 — Subdrainage Design
Task 81 — Hydrologic / Hydraulic Review
Task 82 — Traffic Signalization Sheets (Completed by HR Green) (N Sheets)
a. Signals along La Porte Road (2 — Fire Station, San Marnan Drive)
b. Fire Station Beacon
Task 83 — Signing and Pavement Markings Design (N Sheets)
Task 84 — Streetlighting Design (Completed by HR Green) (P Sheets)
Task 85 — Temporary Erosion Control Design/SWPPP (Completed by Robinson Engineering) (RC, RE, and RU
Sheets)
Task 86 — ADA Sidewalk Details (S Sheets)
Task 87 — Soils and Earthwork Design (T Sheets)
Task 88 — Special Details (U Sheets)
Task 89 — San Marnan Box Culvert Analysis, Design and Sheets (V Sheets)
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Task 90 — Cross Sections (W and X Sheets)
Task 91 — Quality Control Review
Task 92 — Printing and Submittals
Task 93 — Construction Cost Opinion
Task 94 — Special Provisions (Includes Public Interest Findings for Traffic Signals and Streetlighting)
Task 95 — Field Review
PHASE 2 & 3 TASKS
Right -of -Way Activities — Tasks 96-101. The following tasks include final right-of-way design and preparation of
acquisition plats and descriptions for necessary property acquisition of the project. The City of Waterloo will
complete the property acquisitions. It is estimated that 30 property owner meetings will be necessary during the
right-of-way acquisition process. For the purpose of estimating staff hours, a total of 47 temporary easements, 14
permanent easements, and 22 partial acquisition plats and legal descriptions were estimated. The following tasks
are included:
Task 96 — Additional Property Surveys, Location of Property Pins
Task 97 — Preparation of Acquisition Plats and Legal Descriptions (22 Plats)
Task 98 — Right -of -Way Staking (30 Properties)
Task 99 — Property Owner Meetings (30)
Task 100 — Coordination with Right -of -Way Acquisition Staff
Task 101 — Temporary and Permanent Easement Exhibits (47 Temporary and 14 Permanent Easements)
Public Meetings — Tasks 102-106. These tasks include preparation for and attendance at public informational
activities, as needed, for this project. These activities will include two public informational meeting, three
presentations at City Council meetings or work sessions, and up to ten meetings with individual property owners or
neighborhood groups. These tasks will also include the use of social media to maintain an on-line presence
throughout the design and construction process. The following tasks are included:
Task 102 — Public Informational Meeting (2)
Task 103 — Council Meetings a)
Task 104 — Property Owner Meetings (10)
Task 105 — Social Media Outreach - Project Website (on City of Waterloo Site and Facebook)
Task 106 — Renderings of Corridor and Aesthetics (8)
Project Administration, Permitting, and Meetings — Tasks 107-115. These tasks include project administration,
coordination and meetings throughout the project development. Permitting for the project is anticipated to include
the NPDES construction permit. These tasks also include pre -letting activities and general project administration.
The following identifies tasks leading to the completion of project administration, meetings, and coordination during
the design phase of the project.
Task 107 — Utility Company Coordination
Task 108 — Presentation Materials (3 Meetings)
Task 109 — NPDES (Phase 2 & 3) (NPDES Permit to be completed by Robinson Engineering)
Task 110 — Assistance with Utility Agreements (Phase 2 & 3)
Task 111 — Project Management Team Meetings (24)
Task 112 — Project Team Coordination
Task 113 — Railroad Coordination
Task 114 — Pre -letting Activities (Phase 2 & 3)
Task 115 — Project Administration
Division II — Preliminary & Final Design (RAISE Grant and Local Funding Only)
Preliminary and Final Design — La Porte Road Phase 2 — Tasks 116-126. The following tasks lead to the
completion and submittal of preliminary and final design for the landscaping and sanitary sewer plans and Iowa
DOT Preliminary Plan Checklist for the Phase 2 Project. Preliminary and final designs will be completed in
accordance with Iowa DOT Standards. RITLAND+KUIPER Landscape Architects will assist in completing the tasks
associated with landscaping. The landscaping and sanitary sewer plans and special provisions will be incorporated
into the roadway construction plans and will not be a stand-alone set with a separate construction letting.
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Task 116 — Preliminary Landscaping Design and Sheets (Completed by RITLAND+KUIPER Landscape Architects)
(I Sheets)
Task 117 — Preliminary Aesthetic Design and Sheets (I Sheets)
Task 118 — Final Landscaping Design and Sheets (Completed by RITLAND+KUIPER Landscape Architects) (I
Sheets)
a. Trees
b. Plantings
Task 119 — Aesthetic Enhancements Design (I Sheets)
a. Gateway Features
b. Major Intersection Markers
c. Roundabout
d. Crosswalk/Median Enhancements
Task 120 — Aesthetic Enhancements Special Provisions
Task 121 — Service Area Review
Task 122 — Review of Existing Sewer Conditions
Task 123 — Preliminary Sanitary Sewer Sheets (MSA Sheets)
Task 124 — Final Sanitary Sewer Sheets (MSA Sheets)
Task 125 — Sanitary Sewer Permit
Task 126 — Sanitary Special Provisions
Preliminary and Final Design — La Porte Road Phase 3 — Tasks 127-138. The following tasks lead to the
completion and submittal of preliminary and final design for the landscaping and sanitary sewer plans and Iowa
DOT Preliminary Plan Checklist for the Phase 3 Project. Preliminary and final designs will be completed in
accordance with Iowa DOT Standards. RITLAND+KUIPER Landscape Architects will assist in completing the tasks
associated with landscaping. The landscaping and sanitary sewer plans and special provisions will be incorporated
into the roadway construction plans and will not be a stand-alone set with a separate construction letting.
Task 127 — Preliminary Landscaping Design and Sheets (Completed by RITLAND+KUIPER Landscape Architects)
(I Sheets)
Task 128 — Preliminary Aesthetic Design and Sheets (I Sheets)
Task 129 — Final Landscaping Design and Sheets (Completed by RITLAND+KUIPER Landscape Architects) (I
Sheets)
c. Site Furnishings
d. Trees
e. Plantings
Task 130 — Aesthetic Enhancements Design (I Sheets)
f. Gateway Features
g. Major Intersection Markers
h. Roundabout
i. Crosswalk/Median Enhancements
Task 131 — Aesthetic Enhancements Special Provisions
Task 132 — Service Area Review
Task 133 — Review of Existing Sewer Conditions
Task 134 — Preliminary Sanitary Sewer Sheets (MSA Sheets)
Task 135 — Final Sanitary Sewer Sheets (MSA Sheets)
Task 136 — Sanitary Sewer Permit
Task 137 — Sanitary Special Provisions
Task 138 — Public Interest Findings (As Necessary — Sewer and Enhancements)
Division 111— Preliminary & Final Design (Local Funding Only)
Preliminary and Fiber Design — La Porte Road Phases 2 & 3 — Tasks 139-144. The following tasks lead to the
completion and submittal of preliminary and final design for the fiber plans and Iowa DOT Preliminary Plan Checklist
for the Phases 2 and 3. These tasks include design and coordination with Waterloo Fiber for improvements to the
City fiber network in the Phases 2 and 3 project limits. The fiber plans and special provisions will be incorporated
into the roadway construction plans and will not be a stand-alone set with a separate construction letting.
Task 139 — Coordination with Waterloo Fiber
Task 140 — Preliminary Fiber Sheets (Phases 2 & 3)
Task 141 — Fiber Sheets (Phase 2)
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Task 142 — Fiber Sheets (Phase 3)
Task 143 — Special Provisions
Task 144 — Public Interest Findings (Fiber)
RAISE Grant Agreement Baseline Report — Tasks 145-147. The work for updated crash report analysis shall
include review of updated crash data and crash analysis on La Porte Road for the RAISE Agreement baseline.
Crash rates will be measured and reported as crashes per 100 million VMT and identified by the following severity
categories: fatal, injury, and property damage only (PDO) crashes. HR Green will assist with this task. The work
for updated traffic counts and new bicycle and pedestrian counts shall include updated traffic counts and new bicycle
and pedestrian counts at the intersections of Shaulis Road, San Marnan Drive, and Mitchell Avenue for the RAISE
Agreement baseline. Average daily bicycle and pedestrian counts using National Bicycle & Pedestrian
Documentation Project methodology will be completed by conducting hourly counts. Counts will be collected on a
typical weekday, Saturday, and Sunday and should be conducted monthly to produce the quarterly average. Iowa
Traffic Counts will assist with this task. The following identifies tasks leading to the completion of the RAISE
Agreement baseline determination and coordination during the design phase of the project.
Task 145 — Updated Crash Report Analysis (Completed by HR Green)
Task 146 — Updated Traffic Counts and New Bicycle and Pedestrian Counts (Completed by Iowa Traffic Counts)
Task 147 — Coordination with FHWA and USDOT
CONSTRUCTION -RELATED SERVICES
The scope for construction -related services (Phases 1, 2, and 3 of La Porte Road Reconstruction Project) will be
determined at the time the services are needed and defined under a future amendment to this agreement.
Construction -related services include construction staking, on -site field review, materials testing, contract
administration during construction and right-of-way staking, including new property pins.
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ATTACHMENT B
ROAD DESIGN SPECIFICATIONS
Services provided by the Consultant under this agreement shall be in conformity with the Standard Practices
and Requirements set forth below.
Preparation of plans, specifications, and estimates shall be guided by current Iowa DOT Highway Division 's
Road Design Manual, current Standard Road Plans, current Road Design Details, current Office of Design
MicroStation Consultant Information, current Standard Specifications for Highway and Bridge
Construction, and applicable sections of the Federal Aid Policy Guide (FAPG). The consultant shall
monitor updates to these documents and incorporate all relevant changes as the contract progresses. This
information may be found at: http://www.iowadot.gov/design/automation.htm. If changes cannot be
incorporated within the agreed upon budget, the consultant shall send a notice to the contract coordinator
including an estimate for the services to incorporate the change and a reference to the changed documents.
A. Design Criteria
The Consultant shall provide a completed Final Plan Design Criteria Certification statement in
conjunction with each final plan submittal.
B. Road Plans
1. Plans shall be formatted for printing on 11" x 17" sheets utilizing pre -established plan & profile
sheet plotting scales (for example: 20 scale, 50 scale, 100 scale). The intent shall be to maximize
the detail shown by the plotted plan & profile while conveying the full impact of the construction
need. Each group of plan & profile sheets (mainline, individual side roads, borrows, etc.) shall
utilize a single plotting scale throughout. Sheets shall be formatted and labeled according to the
guidance in the 1F series of Design Manual chapters.
2. Cross sections shall be developed according to the guidance in the 1F series of Design Manual
chapters. Generally, cross sections shall be developed with a ratio of one horizontal to one
vertical. Cross sections shall be formatted for plotting on 11" x 17" sheets utilizing pre-
established horizontal cross section plotting scales (for example: 1"=10', 1"=20',
1"=40', 1"=100', or 1"=200'). The intent shall be to maximize the detail shown by the plotted
cross section while conveying the full impact of the construction need. Each group of cross
sections (mainline, individual side roads, borrows, etc.) shall utilize a single horizontal plotting
scale throughout.
3. Earthwork computations shall be computed by the Average End Area Method. Calculations shall
include overhaul and a mass diagram when applicable. Quantities of rock, Class 12, Class 13, and
other unsuitable excavation will be identified separate of Class 10 excavation in the plans.
4. Road plans shall include all pipe culvert details.
5. All property owners' names shall be shown in the plan (H-sheets) and the limits of their holdings.
6. The Consultant shall perform their own Quality Control Review under this contract.
7. Preliminary plans may include, but are not limited to, field exam plan submittals (D2 event),
bridge submittals (D3 event) right-of-way plan submittals (D5 event), and methods submittals
(DM5). The Consultant shall submit a pdf copy of each plan submittal required.
8. In addition to pdf copies of preliminary and final plan, the Consultant shall submit preliminary
design and final letting plans in electronic format. Electronic plan submittals shall be in
accordance with the State's current File Specification for Electronic Plan Submittals. If electronic
plan submittals are not in accordance with the State's current file specification, the Consultant will
be responsible for correcting any errors. Preliminary plans should be submitted upon completion
of the field exam. Final plans should be submitted with Contracts turn -in. In addition, the
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Consultant shall submit all final drawings to the Owner as CADD files. Additional electronic files
required shall be supplied as directed in the Design Manual.
9. The Consultant shall provide a Digital Terrain Model (DTM) for the completed project. This
shall represent the proposed final surface and file -type shall be in accordance with the Design
Manual.
C. Cost Estimates
The Consultant shall provide estimates of the probable cost of construction for the corridor/project
or specific project element as required.
1. In general, the Consultant shall provide cost estimates or updates there -to in accordance with
Design Manual Section 1B-6.
2. The Consultant shall also provide updates to the estimates for the probable cost of construction
when any major change to the project scope has occurred (such as inclusion or deletion of major
portions of work) or as directed by the Owner.
D. Transition into Final Design
The Consultant shall not begin work on any fmal design task prior to project Environmental
approval and (when applicable) Commission approval. Environmental Approval will occur when
one of the following has taken place: 1) The project has received a Categorical Exclusion (CE); 2) A
Finding Of No Significant Impact (FONSI) has been approved for the project; or 3) A final
Environmental Impact Statement (EIS) has been approved and available for the prescribed period of
time and a Record Of Decision (ROD) has been signed. [Refer to Code of Federal Register Part 23,
subpart 771.113 and FHWA Order 6640.1A] Commission approval will occur when the State
Transportation Commission has approved the project's alignment and design concepts and
authorizes continuation of project development. Any work performed prior to approval will be
subject to non-payment by the Owner.
E. Erosion Control
The Consultant shall develop a Pollution Prevention Plan (PPP) for the project(s), following
guidance provided in the Design Manual or as directed by the Owner.
1. Four weeks prior to DM5 provide to the Owner the estimated area to be stabilized with crop
seeding and fertilizing. This includes the surface area inside the right-of-way plus easements
minus the roadway.
The Owner will review the project plans with regard to the erosion control items and will provide
the seed mixtures and fertilizer rates.
2. Incorporate the PPP into the project plans inclusive of all related tabulations, bid items, and
quantities for revetment, silt fence, temporary seeding, etc. Storm water detention Tabulations
shall be filled out prior to D5, as per Design Manual section 10C-2, to determine if extra right-of-
way is required for detention.
3. Prepare and supply to the Owner all applicable storm water permitting application documents in
accordance with Design Manual section 10D-1.
F. Project Specifications
1. Any Special Provisions required in addition to the Standard Specifications of the Owner shall
be furnished by the Consultant.
2. The Consultant shall also develop specification information, including a method of measurement
and basis of payment, for any bid item that is not fully covered by the Standard Specifications or
other contract documents.
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G. MISCELLANEOUS PROVISIONS
The following miscellaneous provisions shall apply to the work to be performed and the Engineering
services to be furnished under this Agreement:
1. Owner Responsibility: The Owner will provide the following:
a. All environmental reports and clearances.
b. Applications to all state and federal review agencies as required.
c. Reproducible standard detail sheets and CADD seed files applicable to the work.
d. Existing right-of-way information for primary and interstate roads (Office of Right -of -Way).
e. To facilitate Computer Aided Design and Drafting (CADD) compatibility with MicroStation
and GeoPak Civil Design Software packages.
-Cell libraries
-Font and line style libraries
-Tabs and typicals
-Feature table
-color tables
-level libraries
-seed and original files
-Office of Design Microstation Guidelines
-ROW information file (Office of Right -of -Way)
-ROW seed file (Office of Right -of -Way)
-ROW blank plats (Office of Right -of -Way)
-ROW user commands (Office of Right -of -Way)
2. All digital data transfers shall be done via a web- based connection into Owner's electronic
filing system. Consultant shall place all deliverables, associated files, photos, relevant
correspondence, etc. into the system. Current software versions shown on DOT
Automation Tools web page shall be used to develop CADD files.
3. The Consultant shall furnish electronic files called for in Design Manual section 20B-71. These
files shall be submitted to the Owner by the timeline outlined in Design Manual section 1H-1.
4. The Consultant will monitor and review updates to the State's Highway Division Road Design
Manual, Standard Road Plans, and 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 Owner. The Owner
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.
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ATTACHMENT C (referenced from 3.1)
Cost Plus Fixed Fee
3.1.1 FEES AND PAYMENTS
3.1.1.1 Fees. For full and complete compensation of all work, materials, and services furnished under the terms
of this Agreement, the Consultant shall be paid fees in the amount of the Consultant's actual cost plus
applicable fixed fee amount. The Consultant's actual costs shall include payments to any
subconsultants. The estimated actual costs and fixed fee are shown below and are itemized in
Attachment C-1. Subconsultant costs are not available for use by the prime Consultant or other
subconsultants. A contingency amount has been established to provide for actual costs that exceed
those estimated.
Estimated Actual Costs (Prime Only)
Fixed Fee (Prime Only)
Contingency (Prime Only)
Total Prime Consultant Costs
Division I Division II Division III Total
$1,180,400.00
$151,700.00
$118,000.00
$1,450,100.00
Subconsultant Amount Authorized
Division I
HR Green
Terracon
Robinson Engineering
Total
Division II
RITLAND+KUIPER L.A.
Total
Division III
HR Green
Iowa Counts
Total
Total Subconsultant Costs
(Division I,II,&III)
Total Amount Authorized
Division I
Division II
Division III
Total
$131,100.00
$37,700.00
$82,000.00
$250,800.00
$33,800.00
$33,800.00
$8,800.00
$9,000.00
$17,800.00
$302,400.00
$1,582,900.00
$157,600.00
$67,100.00
$1,807,600.00
Maximum Amount Payable (Includes Contingency)
Division I
Division II
Division III
Total
$1,723,400.00
$172,000.00
$73,200.00
$1,968,600.00
$109,700.00
$14,100.00
$11,000.00
$134,800.00
$43,800.00 $1,333,900.00
$5,500.00 $171,300.00
$4,400.00 $133,400.00
$53,700.00 $1,638,600.00
Contingency Maximum Amount Payable
$11,700.00
$3,500.00
$7,300.00
$22,500.00
$3,400.00
$3,400.00
$800.00
$900.00
$1,700.00
$27,600.00
$142,800.00
$41,200.00
$89,300.00
$273,300.00
$37,200.00
$37,200.00
$9,600.00
$9,900.00
$19,500.00
$330,000.00
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The nature of engineering services is such that actual costs are not completely determinate. Therefore,
the Consultant shall establish a procedure for comparing the actual costs incurred during the
performance of the work to the estimated actual costs listed above. The procedure will itemize prime
consultant and subconsultant costs in association with each scoped task. The purpose is to monitor
these two elements and thus provide for early identification of any potential for the actual costs exceeding
the estimated actual costs. The procedure shall be used in a way that will allow enough lead time to
execute the paragraphs below without interrupting the work schedule. Therefore once the accrued labor
costs for a scoped task reach 85% of the estimated value for the prime or subconsultant, then the
Consultant shall notify the Owner in writing.
It is possible that the Consultant's costs for the scoped tasks may need to exceed those shown in
Attachment C-1. The Consultant's and subconsultants' costs for scoped tasks shall not be exceeded
without prior written authorization from the Contract Administrator and concurrence from the Iowa DOT.
Costs for scoped tasks that exceed estimated costs, if approved by the Contract Administrator, may be
compensated via Supplemental Agreement, Work Order, Amendment, or Contingency as detailed in the
paragraphs below. If the Consultant exceeds the estimated costs for scoped tasks for any reason (other
than that covered in Section 3.1.1.2) before the Contract Administrator is notified in writing, the Owner
will have the right, at its discretion, to deny compensation for that amount.
The fixed fee amount will not be changed unless there is a substantial reduction or increase in scope,
character, or complexity of the services covered by this Agreement or the time schedule is changed by
the Owner. The adjustment to fixed fee will consider both cumulative and aggregate changes in scope,
character, or complexity of the services. Any change in the fixed fee amount will be made by a
Supplemental Agreement, Work Order, or Amendment.
If a contingency amount has been established and at any time during the work the Consultant
determines that its actual costs will exceed the estimated actual costs, thus necessitating the use of a
contingency amount, it will promptly so notify the Contract Administrator in writing and describe what
costs are causing the overrun and the reason. The Consultant shall not exceed the estimated actual
costs without the prior written approval of the Contract Administrator and concurrence of the Iowa DOT.
The Owner or Iowa DOT may audit the Consultant's cost records prior to authorizing the use of a
contingency amount.
The maximum amount payable will not be changed except for a change in the scope. Changes due to an
overhead adjustment are identified in Section 3.1.1.2. If at any time it is determined that a maximum
amount payable will be or has been exceeded, the Consultant shall immediately so notify the Contract
Administrator in writing. The maximum amount payable shall be changed by a Supplemental
Agreement, Work Order, or Amendment or this Agreement will be terminated as identified in Article
4.12.3. The Owner may audit the Consultant's cost records prior to making a decision whether or not to
increase the maximum amount payable.
3.1.1.2 Reimbursable Costs. Reimbursable costs are the actual costs incurred by the Consultant which are
attributable to the specific work covered by this Agreement and allowable under the provisions of the
Code of Federal Regulations (CFR), Title 48, Federal Acquisition Regulations Systems, 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. The Title 48
requirements include the following:
1. Salaries of the employees for time directly chargeable to work covered by the Agreement, and
salaries of principals for time they are productively engaged in work necessary to fulfill the terms
of the Agreement.
2. Direct non -salary costs incurred in fulfilling the terms of this Agreement. The Consultant will be
required to submit a detailed listing of direct non -salary costs incurred and certify that such costs
are not included in overhead expense pool. These costs may include travel and subsistence,
reproductions, computer charges and materials and supplies.
3. The indirect costs (salary related expenses and general overhead costs) to the extent that they
are properly allowable to the work covered by this Agreement. The Consultant has submitted to
the Owner the following indirect costs as percentages of direct salary costs to be used
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provisionally for progress payments for work accomplished during the Consultant's current fiscal
year: General overhead costs are 125.50% of direct salary costs.
Use of updated overhead percentage rates shall be requested by the Consultant after the close
of each fiscal year and the updated overhead rate shall be used to update previous year invoices
and subsequent years as a provisional rate for invoicing in order to more accurately reflect the
cost of work during the previous and subsequent years.
Any actual fiscal year or fiscal year's audited or unaudited indirect costs rates known by the
Consultant shall be used in computing the final invoice statement. All unverified overhead rates
shall have a schedule of computation supporting the proposed rate attached to the final bill. Prior
to final payment for work completed under this Agreement all indirect cost rates shall be audited
and adjusted to actual rates through the most recently completed fiscal year during which the
work was actually accomplished. In the event that the work is completed in the current fiscal
year, audited indirect cost rates for the most recently completed fiscal year may be applied also to
work accomplished in the current fiscal year. If these new rates cause the actual costs to be
exceeded, the contingency amount will be used.
3.1.1.3 Premium Overtime Pay. Premium overtime pay (pay over normal hourly pay) will not be allowed without
written authorization from the Contract Administrator. If allowed, premium overtime pay shall not shall
not exceed 2 percent of the total direct salary cost without written authorization from the Contract
Administrator.
3.1.1.4 Payments. Monthly payments shall be made based on the work completed and substantiated by
monthly progress reports. The report shall indicate the direct and indirect costs associated with the work
completed during the month. The Contract Administrator will check such progress reports and payment
will be made for the direct non -salary costs and salary and indirect costs during said month, plus a portion
of the fixed fee. Fixed fee will be calculated and progressively invoiced based on actual costs incurred for
the current billing cycle. Each invoice shall be accompanied with a monthly progress report which details
the tasks invoiced, estimated tasks to be billed on the next invoice, and any other contract tracking
information.
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 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. Final audit will determine correctness of all invoiced costs and final payment will be based upon
this audit. The Consultant agrees to reimburse the Owner for possible overpayment determined by final
audit.
Page 22 of 42
Page 35 of 111
Attachment C-1
La Porte Road Reconstruction
Preliminary and Final Design - Phase 2 & 3
City of Waterloo
Local Systems Project Number: HDP-8155(787)--71-07
COST ANALYSIS - DIVISION I
I. Direct Labor Cost (AECOM Technical Services)
Category Hours Rate/Hour Amount
1.0 Senior Professional 60 $103.65 $6,219.00
2.2 Project Professional 368 $88.38 $32,523.84
2.0 Project Professional 48 $80.55 $3,866.40
3.1 Staff Professional 889 $66.12 $58,780.68
3.0 Staff Professional 642 $58.20 $37,364.40
4.1 Professional 3,720 $44.79 $166,618.80
4.0 Professional 1,766 $36.60 $64,635.60
5.0 CADD Operator II 2,325 $39.35 $91,488.75
6.3 CADD Operator I 1,326 $24.00 $31,824.00
7.0 Senior Technician 0 $45.15 $0.00
8.0 Technician 245 $33.30 $8,158.50
9.0 Project Support 436 $36.62 $15,966.32 $517,446.29
11825
II. Payroll Burden and Overhead Provisional Costs 125.50% $649,395.09
III. Direct Project Expenses
Category Units Rate/Unit Amount
Mileage 7500 0.67 5,025.00
Per Diem 0 60.00 0.00
Lodging 0 110.00 0.00
B/W Copies 5000 0.06 300.00
Color Copies 10000 0.22 2,200.00
EDM Equipment 100 15.00 1,500.00
GPS Equipment 100 15.00 1,500.00
Miscellaneous, Other 3,000.00
$13,525.00
IV. AECOM Estimated Actual Costs $1,180,366.38
Rounded $1,180,400.00
V. Fixed Fee (13%) $151,689.38
Rounded $151,700.00
VI. Prime Consultant Authorized Costs $1,332,100.00
VII. Authorized Subcontract Expense
HR Green $131,100.00
Terracon $37,700.00
Robinson Engineering $82,000.00
$250,800.00
VIII. Authorized Budget $1,582,900.00
IX. Contingency (10%) $118,040.00 (AECOM)
$118,000.00 Rounded
AECOM $118,000.00
HR Green $11,700.00
Terracon $3,500.00
Robinson Engineering $7,300.00
$140,500.00
X. Maximum Amount Payable $1,723,400.00
Page 23 of 42
Page 36 of 111
La Porte Road Reconstruction
Preliminary and Final Design - Phase 2 & 3
City of Waterloo
Local Systems Project Number: HDP-8155(787)--71-07
COST ANALYSIS - DIVISION II
I. Direct Labor Cost (AECOM Technical Services)
Category Hours Rate/Hour Amount
1.0 Senior Professional 0 $103.65 $0.00
2.2 Project Professional 0 $88.38 $0.00
2.0 Project Professional 44 $80.55 $3,544.20
3.1 Staff Professional 0 $66.12 $0.00
3.0 Staff Professional 356 $58.20 $20,719.20
4.1 Professional 156 $44.79 $6,987.24
4.0 Professional 440 $36.60 $16,104.00
5.0 CADD Operator II 0 $39.35 $0.00
6.3 CADD Operator I 0 $24.00 $0.00
7.0 Senior Technician 0 $45.15 $0.00
8.0 Technician 0 $33.30 $0.00
9.0 Project Support 16 $36.62 $585.92
1012
II. Payroll Burden and Overhead Provisional Costs
III. Direct Project Expenses
125.50%
Category Units Rate/Unit Amount
Mileage 500 0.67 335.00
Per Diem 0 60.00 0.00
Lodging 0 110.00 0.00
B/W Copies 1000 0.06 60.00
Color Copies 1000 0.22 220.00
EDM Equipment 0 15.00 0.00
GPS Equipment 0 15.00 0.00
Miscellaneous, Other 1,000.00
IV. AECOM Estimated Actual Costs
V. Fixed Fee (13%)
VI. Prime Consultant Authorized Costs
Rounded
$14,053.78
Rounded
VII. Authorized Subcontract Expense
RITLAND + KUIPER L.A. $33,800.00
VIII. Authorized Budget
IX. Contingency (10%) $10,970.00 (AECOM)
$11,000.00 Rounded
AECOM
RITLAND + KUIPER L.A.
$11,000.00
$3,400.00
Attachment C-1
$47,940.56
$60,165.40
$1,615.00
$109,720.96
$109,700.00
$14,100.00
$123,800.00
$33,800.00
$157,600.00
$14,400.00
X. Maximum Amount Payable $172,000.00
Page 24 of 42
Page 37 of 111
Attachment C-1
La Porte Road Reconstruction
Preliminary and Final Design - Phase 2 & 3
City of Waterloo
Local Systems Project Number: HDP-8155(787)--71-07
COST ANALYSIS - DIVISION III
I. Direct Labor Cost (AECOM Technical Services)
Category Hours Rate/Hour Amount
1.0 Senior Professional 10 $103.65 $1,036.50
2.2 Project Professional 64 $88.38 $5,656.32
2.0 Project Professional 0 $80.55 $0.00
3.1 Staff Professional 0 $66.12 $0.00
3.0 Staff Professional 70 $58.20 $4,074.00
4.1 Professional 172 $44.79 $7,703.88
4.0 Professional 0 $36.60 $0.00
5.0 CADD Operator II 0 $39.35 $0.00
6.3 CADD Operator I 0 $24.00 $0.00
7.0 Senior Technician 0 $45.15 $0.00
8.0 Technician 0 $33.30 $0.00
9.0 Project Support 8 $36.62 $292.96 $18,763.66
324
II. Payroll Burden and Overhead Provisional Costs 125.50% $23,548.39
III. Direct Project Expenses
Category Units Rate/Unit Amount
Mileage 500 0.67 335.00
Per Diem 0 60.00 0.00
Lodging 0 110.00 0.00
B/W Copies 500 0.06 30.00
Color Copies 500 0.22 110.00
EDM Equipment 0 15.00 0.00
GPS Equipment 0 15.00 0.00
Miscellaneous, Other 1,000.00
IV. AECOM Estimated Actual Costs
Rounded
V. Fixed Fee (13%)
VI. Prime Consultant Authorized Costs
VII. Authorized Subcontract Expense
HR Green
Iowa Counts
VIII. Authorized Budget
IX. Contingency (10%) $4,380.00 (AECOM)
$4,400.00 Rounded
$5,500.57
Rounded
$8,800.00
$9,000.00
AECOM $4,400.00
HR Green $800.00
Iowa Counts $900.00
$1,475.00
$43,787.05
$43,800.00
$5,500.00
$49,300.00
$17,800.00
$67,100.00
$6,100.00
X. Maximum Amount Payable $73,200.00
Page 25 of 42
Page 38 of 111
La Porte Road Reconstruction
Preliminary and Final Design - Phase 2 & 3
City of Waterloo
Description of Work
DIVISION I - (RAISE, STDG, and Local Funding)
Geotechnlcal Engineering
1 Soils Borings(Terracon)
1
1
AECOM Technical Services, Inc.
Staff Hour Estimate
1.0 Senior 2.2 Project 2.0 Project 3.1 Staff
Prof Prof Prof Prof
2 Geotechnical Engineering Report & Recommendations (Terracon)
Preliminary Design Phase 2
3 Title Sheet and Legend Sheet (A Sheet)
2
3.0 Staff
Prof 4.1 Prof 4.0 Prof
5.0 CADD 6.3 CADD
Op II Op
6
6
6 2
4 Typical Sections (B Sheets(
5 Plan and Profile Sheets (D and E Sheets)
2
2
6 12
6
160 60
6 Recreational Trail and Sidewalk Design & Sheets (E Sheets)
2
7 Removal Sheets (DR Sheets)
2
8 Right -of -Way Design and Sheets (H Sheets)
2 20
6 100
6 12
6 20
9 Staging and Traffic Control Design and Sheets (1 Sheets)
10 Roundabout and Intersections Design and Sheets (L Sheets)
11 Drainage Analysis
2
60
6 12 20
6 140 80
80 80
7.0 Senior 8.0 9.0 Project
Technician Technician Support Total
12
20 20
60 40
80
60 40
40
40 40
80
6
6
JUL. ..111111
22
60
328
188
120
88
120
306
220
12 Storm Sewer Sheets (M Sheets)
16
32 32
80
13 Traffic Signal Design and Sheets (Completed by HR Green) (N Sheets(
12
12
14 Pavement Marking Sheets (N Sheets)
15 Streetlighting Design and Sheets (P Sheets) (Completed by HR Green)
16 Erosion Control Sheets (Completed by Robinson Engineering) (RC, RR and RU Sheets)
2
12 30
12
12
35
12
12
17 Ramp Design and Sheets (5 Sheets)
12 40
80
138
18 Cross Sections (W and X Sheets(
50
60
116
19 Construction Cost Estimates
20
60
86
20 Existing Utility Review/Accommodation 4
Preumnt Design Phase 3 1111111111
21 Title Sheet and Legend Sheet (A Sheet) 2
20 2
24
2
4
32
111111111111.
12
32 90
20
22 Typical Sections (B Sheets)
23 Plan and Profile Sheets (D and E Sheets)
24 Recreational Trail and Sidewalk Design & Sheets (E Sheets)
25 Removal Sheets (DR Sheets)
2
6 12
20
20
60
2
2
2
6 160 40
6 52
6
12
26 Right -of -Way Design and Sheets (H Sheets)
2 20
6
27 Staging and Traffic Control Design and Sheets (1 Sheets) 2
6
28 Intersections Design and Sheets (L Sheets)
30 Storm Sewer Sheets (M Sheets)
31 Traffic Signal Design and Sheets (Completed by HR Green) (N Sheets)
32 Pavement Marking Sheets (N Sheets)
33 Streetlighting Design and Sheets (P Sheets) (Completed by HR Green)
34 Erosion Control Sheets (Completed by Robinson Engineering) (RC, RR and RU Sheets)
35 Ramp Design and Sheets (5 Sheets)
36 San Marnan Box Culvert Analysis, Design and Sheets (V Sheets)
37 Cross Sections (W and X Sheets)
38 Construction Cost Estimates
39 Existing Utility Review/Accommodation
Final
40 Title and Legend Sheets (A Sheets)
60
12
20
20
60
60
60
40
12 20
40
40
40
40
308
120
120
88
120
120 50
80 80
32 32
12
4 30
8
12
12
20 40
50
12 20
60
80
256
220
76
40
60
40
40
20 2
4 4
24
8
12
12
12
108
8O
118
72
24 71
111111111111111111.
16
41 Typical Sections and Details (B Sheets)
42 Bid Items and General Notes (C Sheets)
43 Tabulations and Quantities (C Sheets)
44 Plan and Profile Sheets (D and E Sheets)
45 Removal Sheets (DR Sheets)
46 Temporary Pavement Sheets (F Sheets)
47 Geometric Layout Sheets (6 Sheets)
48 Right -of -Way Sheets (H Sheets)
12
49 Staging and Traffic Control Design (1 Sheets)
50 Ramp Sheets (X Sheets)
51 Roundabout and Intersection Details (L Sheets)
52 Storm Sewer Design Sheets (M Sheets)
53 Subdrainage Design
16
8
6 12 10
6 20 16
6 20 20
6 160 100
6 60
6 20 40
18
6 20
6 20 30
6 50 40
6 20 30
24 24
12 12
40
10 20
40 40
80 40
40 100
40
60
60
60
60 80
68
72
126
386
206
106
18
98
116
156
196
6
32
54 Hydrologic / Hydraulic Review
24
12 12
4
55 Traffic Signalization Sheets (Completed by HR Green) (N Sheets)
56 Signing and Pavement Markings Design (N Sheets)
57 Streetlighting Design (Completed by HR Green) (P Sheets)
58 Temporary Erosion Control Design/SWPPP (Completed by Robinson Engineering) (RC, RE, and RU Sheets)
59 ADA Sidewalk Details (5 Sheets)
12
20 30
12
12
6 20 100
80
20
12
76
12
12
206
60 Soils and Earthwork Design (T Sheets)
6 160
166
61 Special Details (U Sheets)
6
20 80
106
62 Cross Sections (W and X Sheets)
6 80
60
146
63 Quality Control Review
64 Printing and Submittals
65 Construction Cost Opinion
66 Special Provisions
20
6
12
12
20 40
20 20
20 60
30
60
152
30 72
92
50
67 Field Review
Final Dgglibliko0 68 Title and Legend Sheets (A Sheets)
69 Typical Sections and Details (B Sheets)
70 Bid Items and General Notes (C Sheets)
4
6
6
12 10
20
40
71 Tabulations and Quantities (C Sheets)
6
20 16
10
20
72 Plan and Profile Sheets (D and E Sheets)
6 16
30
40
73 Removal Sheets (DR Sheets)
6
50 40
100
74 Temporary Pavement Sheets (F Sheets)
75 Geometric Layout Sheets (6 Sheets)
20
18
40
16
68
26
72
92
196
66
18
76 Right -of -Way Sheets (H Sheets)
12
20
40
78
77 Staging and Traffic Control Design (1 Sheets)
20 30
40
96
78 Intersection Details (L Sheets)
79 Storm Sewer Design Sheets (M Sheets)
80 Subdrainage Design
81 Hydrologic/ Hydraulic Review
82 Traffic Signalization Sheets (Completed by HR Green) (N Sheets)
83 Signing and Pavement Markings Design (N Sheets)
84 Streetlighting Design (Completed by HR Green) IP Sheets)
12
8
24
20 30
16 16
12 12
12 12
12
20 20
12
60
116
4
32
48
12
20
66
12
85 Temporary Erosion Control Design/SWPPP (Completed by Robinson Engineering) (RC, RE, and RU Sheets)
86 ADA Sidewalk Details (5 Sheets)
12
20
12
26
87 Soils and Earthwork Design (T Sheets)
88 Special Details (U Sheets)
89 San Marnan Box Culvert Analysis, Design and Sheets (V Sheets)
90 Cross Sections (W and X Sheets)
91 Quality Control Review
20
20
92 Printing and Submittals
93 Construction Cost Opinion
94 Special Provisions
60
6 20 60
6 40
6 60
6 20 40
2
12
6
95 Field Review
Right -of -Way Actiall
96 Additional Property Surveys, Location of Property Pins
97 Preparation of Acquisition Plats and Legal Descriptions (22 Plats)
98 Right -of -Way Staking (30 Properties)
99 Property Owner Meetings (30)
100 Coordination with Right -of -Way Acquisition Staff
101 Temporary and Permanent Easement Exhibits (47 Temporary and 14 Permanent Easements)
8
20
20
12
40
40
60
40
40
40
106
126
66
126
126
30 92
72
26
8
20
20
82
132
366
80
40 120
2
71
122
166
33
36
120
33
36
24
370
269
72
100
180
488
Page 26 of 42
Page 39 of 111
La Porte Road Reconstruction
Preliminary and Final Design - Phase 2 & 3
City of Waterloo
AECOM Technical Services, Inc.
Staff Hour Estimate
Description of Work
1.0 Senior
Prof
2.2 Project
Prof
2.0 Project
Prof
3.15taff
Prof
3.0 Staff
Prof
4.1 Prof
4.0 Prof
5.0 CADD
Op II
6.3 CADD
Op I
7.0 Senior
Technician
8.0
Technician
9.0 Project
Support
Total
Public Meetings
102 Public Informational Meeting (2)
4
6
6
20
20
10
66
103 Council Meetings (3)
4
6
12
10
32
104 Property Owner Meetings (10)
20
40
10
70
105 Social Media Outreach - Project Website (on City of Waterloo Site and Facebook)
106 Renderings of Corridor and Aesthetics (8)
Project Administration, Permitting, am etings
6
20
®
_
®-------Milli
40
12
Ell
MI
162
60
180
allil
107 Utility Company Coordination
8
12
60
80
108 Presentation Materials (3 Meetings)
4
16
16
24
40
10
110
109 NPDES (Phase 2 & 3) (NPDES Permit to be completed by Robinson Engineering)
20
4
24
110 Assistance with Utility Agreements (Phase 2 & 3)
4
12
24
40
111 Project Management Team Meetings (24)
12
48
8
66
100
2
24
260
112 Project Team Coordination
40
44
100
20
204
113 Railroad Coordination
10
20
60
90
114 Pre -letting Activities (Phase 2 & 3)
20
20
80
10
130
115 Project Administration
30
40
100
100
270
DIVISION I- (RAISE, STBG, and Local Funding) -Total
DIVISION II - (RAISE and Local Funding)
Preliminary and Final Design Phase 2
60
368
48
889
642
3,720
1,766
2,325
1,326
0
245
436
11,825
116 Preliminary Landscaping Design and Sheets (I Sheets) (Completed by RITLAND+KUIPER)
12
12
117 Preliminary Aesthetic Design and Sheets (I Sheets)
12
84
100
196
118 Final Landscaping Design and Sheets (I Sheets) (Completed by RITLAND+KUIPER(
12
12
119 Aesthetic Enhancements Design (I Sheets)
12
72
140
224
120 Aesthetic Enhancements Special Provisions
36
36
121 Service Area Review
2
4
6
122 Review of Existing Sewer Conditions
6
6
123 Preliminary Sanitary Sewer Sheets (MSA Sheets)
2
20
22
124 Final Sanitary Sewer Sheets (MSA Sheets)
2
20
22
125 Sanitary Sewer Permit
4
4
126 Sanitary Special Provisions
Preliminary and Final Design Phase 3
127 Preliminary Landscaping Design and Sheets (I Sheets) (Completed by RITLAND+KUIPER)
2
8
12
8
18
12
128 Preliminary Aesthetic Design and Sheets (I Sheets)
8
48
80
136
129 Final Landscaping Design and Sheets (I Sheets) (Completed by RITLAND+KUIPER)
12
12
130 Aesthetic Enhancements Design (I Sheets)
12
64
120
196
131 Aesthetic Enhancements Special Provisions
24
24
132 Service Area Review
2
4
6
133 Review of Existing Sewer Conditions
6
6
134 Preliminary Sanitary Sewer Sheets )MSA Sheets)
2
20
22
135 Final Sanitary Sewer Sheets (MSA Sheets)
2
12
14
136 Sanitary Sewer Permit
4
4
137 Sanitary Special Provisions
2
8
8
18
138 Public Interest Findings
4
4
DIVISION II - (RAISE and Lam! Fundirg)- Total
1
1
49
1
356
156
440
1
1
1
1
16
1,012
DIVISION III - (Local Funding)
Preliminary Final Fiber Design Phas•
and
139 Coordination with Waterloo Fiber
140 Preliminary Fiber Sheets (Phase 2 & 3)
8
4
2
8
16
20
18
141 Fiber Sheets (Phase 2)
4
12
16
142 Fiber Sheets (Phase 3)
4
12
16
143 Special Provisions
8
8
8
24
144 Public Interest Findings
RAISE Grant Augment Baseline Report'''""IIIIIIIIP/
8
8
4
16
8
145 Updated Crash Report Analysis (Completed by HR Green)
4
146 Updated Traffic Counts and New Bicycle and Pedestrian Counts (Completed by Iowa Traffic Counts)
4
4
8
147 Coordination with FHWA and USDOT
10
48
40
100
198
TOTAL HOURS
TO
432
92
889
1,068
4,048
2,206
2,325
1,326
0
245
460
13,161
Page 27 of 42
Page 40 of 111
La Porte Road Reconstruction
Preliminary and Final Design - Phase 2 & 3
City of Waterloo
Local Systems Project Number: HDP-8155(787)--71-07
COST ANALYSIS - HR Green - DIVISION I
I. Direct Labor Cost (HR Green)
Category Hours Rate/Hour Amount
Technical Advisor 32 $79.48 $2,543.36
Project Manager 34 $60.91 $2,070.94
Lighting Engineer 147 $78.85 $11,590.95
Trans. Designer II 186 $31.23 $5,808.78
Signals Engineer 152 $52.20 $7,934.40
Staff Engineer 288 $38.47 $11,079.36
839
II. Payroll Burden and Overhead Provisional Costs
III. Direct Project Expenses
Category Units Rate/Unit
Equipment Rental 3 110
IV. Estimated Actual Costs
V. Fixed Fee (12%)
VI. Subconsultant Authorized Amount
VII. Contingency (10%) $11,710.00
VIII. Maximum Amount Payable
184.60%
Amount
330.00
Rounded
$14,011.81
Rounded
Rounded
$41,027.79
$75,737.30
$330.00
$117,095.09
$117,100.00
$14,000.00
$131,100.00
$11,700.00
$142, 800.00
Page 28 of 42
Page 41 of 111
La Porte Road Reconstruction
Preliminary and Final Design - Phase 2 & 3
City of Waterloo
Local Systems Project Number: HDP-8155(787)--71-07
COST ANALYSIS - HR Green - DIVISION III
I. Direct Labor Cost (HR Green)
Category Hours Rate/Hour Amount
Technical Advisor 8 $79.48 $635.84
Project Manager 6 $60.91 $365.46
Lighting Engineer 0 $78.85 $0.00
Trans. Designer II 0 $31.23 $0.00
Signals Engineer 16 $52.20 $835.20
Staff Engineer 24 $38.47 $923.28
54
II. Payroll Burden and Overhead Provisional Costs 184.60%
III. Direct Project Expenses
Category Units Rate/Unit Amount
Equipment Rental 0 110 0.00
IV. Estimated Actual Costs
Rounded
V. Fixed Fee (12%) $942.52
Rounded
VI. Subconsultant Authorized Amount
VII. Contingency (10%) $790.00
VIII. Maximum Amount Payable
Rounded
$2,759.78
$5,094.55
$0.00
$7,854.33
$7,900.00
$900.00
$8,800.00
$800.00
$9,600.00
Page 29 of 42
Page 42 of 111
La Porte Road Reconstruction
Preliminary and Final Design - Phase 2 & 3
City of Waterloo
HR Green
Staff Hour Estimate
Description of Work
Technical Project Lighting Trans Signals Staff
Advisor Manager Engineer Designer II Engineer Engineer Total
DIVISION 1- (RAISE, STBG, and Local Funding) .11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
Preliminary Design Phase 2 411111111111111111111111111111111111111111111
13 Traffic Signal Design and Sheets (Completed by HR Green) (N Sheets)
Willham Benjamin Brown Tyrell Cutler Volk
imillrimmilm-911111111111111111111111111•6 mum
8
6 4
16 44 96 174
15 Streetlighting Design and Sheets (P Sheets) (Completed by HR Green)
Preliminary Design Phase 3 ..immoommon—
31 Traffic Signal Design and Sheets (Completed by HR Green) (N Sheets)
8
6
35 40
6 4
8
33 Streetlighting Design and Sheets (P Sheets) (Completed by HR Green)
Final Design Phase 2
55 Traffic Signalization Sheets (Completed by HR Green) (N Sheets)
20
32
81
78
38 40 78
8 8 2 60 120 198
57 Streetlighting Design (Completed by HR Green) (P Sheets)
Final Design Phagg.3
.111111111
82 Traffic Signalization Sheets (Completed by HR Green) (N Sheets)
31 41
8 8 2 28 40 86
84 Streetlighting Design (Completed by HR Green) (P Sheets)
31 41
DIVISION I - (RAISE, STBG, and Local Funding) - Total
32 W 34
72
72
147 "111111111111111111i 152 288 839
DIVISION III - (Local Funding)
RAISE Grant Agreement Baseline Report
145 Updated Crash Report Analysis (Completed by HR Green)
8 6 16 24 54
DIVISION III - (Local Funding) - Total 11111111111111111111111111111111111111111111111111111111111111111111
0 16 24 54
TOTAL HOURS
40 40 147 186 168 312 893
Page 30 of 42
Page 43 of 111
La Porte Road Reconstruction
Preliminary and Final Design - Phase 2 & 3
City of Waterloo
Local Systems Project Number: HDP-8155(787)--71-07
COST ANALYSIS - Terracon - DIVISION I
I. Direct Labor Cost (Terracon)
Category Hours Rate/Hour Amount
Technician II Average 40 $21.11 $844.40
Technician III Average 20 $23.78 $475.60
Technician V Average 5 $29.65 $148.25
Driller Helper Average 30 $23.85 $715.50
Driller Average 30 $34.82 $1,044.60
Group Manager - 060811 5 $45.67 $228.35
CAD Designer - 202969 5 $38.70 $193.50
Field Geologist - 217061 15 $30.77 $461.55
Project Engineer - 212440 50 $38.32 $1,916.00
Senior Engineer - 008101 15 $55.43 $831.45
Project Engineer - 203959 5 $51.01 $255.05
Manager Regional Services - 008411 5 $71.15 $355.75
Admin Average 5 $22.91 $114.55
230
II. Payroll Burden and Overhead Provisional Costs
III. Direct Project Expenses
200.86%
FCCM (%) 1.53%
Category Units Rate/Unit Amount
Drill Rig 30 91.5 2,745.00
Mileage 150 0.67 100.50
Consumable & Misc. Supplies 1 350 350.00
Traffic Control 3 3000 9,000.00
$7,584.55
$15,234.33
$116.04
$12,195.50
IV. Estimated Actual Costs $35,130.42
Rounded $35,100.00
V. Fixed Fee (12%) $2,738.27
FCCM ($116.04)
Fixed Fee Less FCCM $2,622.22
Rounded $2,600.00
VI. Subconsultant Authorized Amount $37,700.00
VII. Contingency (10%) $3,510.00
Rounded $3,500.00
VIII. Maximum Amount Payable $41,200.00
Page 31 of 42
Page 44 of 111
La Porte Road Reconstruction
Preliminary and Final Design - Phase 2 & 3
City of Waterloo
Local Systems Project Number: HDP-8155(787)--71-07
COST ANALYSIS - Robinson Engineering Company - DIVISION I
I. Direct Labor Cost (Robinson Engineering Company)
Category Hours Rate/Hour Amount
Principal 25 $40.00 $1,000.00
Engineer 536 $40.00 $21,440.00 $22,440.00
561
II. Payroll Burden and Overhead Provisional Costs 223.22% $50,090.57
III. Direct Project Expenses
Category Units Rate/Unit Amount
NPDES Permits and Publications 1 750 750.00
$750.00
IV. Estimated Actual Costs $73,280.57
Rounded $73,300.00
V. Fixed Fee (12%) $8,703.67
Rounded $8,700.00
VI. Subconsultant Authorized Amount $82,000.00
VII. Contingency (10%) $7,330.00
Rounded $7,300.00
VIII. Maximum Amount Payable $89,300.00
Page 32 of 42
Page 45 of 111
La Porte Road Reconstruction
Preliminary and Final Design - Phase 2 & 3
City of Waterloo
Robinson Engineering Company
Staff Hour Estimate
Description of Work
Principal
Engineer
Total
DIVISION 1- (RAISE, STBG, and Local Funding)
II
1111
Preliminary Design Phase 2
16 Erosion Control Sheets (RC, RR and RU Sheets)
' L.
4
r-
80
84
Preliminary Design Phase 3
34 Erosion Control Sheets (RC, RR and RU Sheets)
4
80
84
Final Design Phase 2
58 Temporary Erosion Control Design/SWPPP (RC, RE, and RU Sheets)
6
156
162
—1111111111
Final Design Phase 3
85 Temporary Erosion Control Design/SWPPP (RC, RE, and RU Sheets)
6
156
162
109 NPDES (Phase 2 & 3) (NPDES Permits)
DIVISION 1- (RAISE, STBG, and Local Funding) - Total
�IIIIIIIIIIIIIIIIIIIIII`
25
A- 536
TOTAL HOURS
25
536
561
Page 33 of 42
Page 46 of 111
La Porte Road Reconstruction
Preliminary and Final Design - Phase 2 & 3
City of Waterloo
Local Systems Project Number: HDP-8155(787)--71-07
Cost Analysis - RITLAND+KUIPER Landscape Architects - DIVISION II
Task No. Description of Work
Senior LA 1
Senior LA 2
Landscape
Architect
Total
DIVISION 11- (RAISE and Local Funding)
Preliminary and Final Design Phase 2
116 Preliminary Landscaping Design and Sheets (I Sheets)
118 Final Landscaping Design and Sheets (I Sheets)
Preliminary and Final Design Phase 3
127 Preliminary Landscaping Design and Sheets (I Sheets)
129 Final Landscaping Design and Sheets (I Sheets)
40
106
40
84
40
106
40
84
DIVISION II - (RAISE and Local Funding) - Total
0
270
0
270
TOTAL HOURS
0
270
0
270
Hourly Rate
Direct Labor Amount
Estimated Expenses
Direct Expense Costs
Estimated Actual Costs
Subconsultant Authorized Amount
Contingency (10%) - Rounded
Maximum Amount Payable (Rounded)
$125.00
$125.00
$0.00 $33,750.00
$0.00
$75.00
$0.00 $33,750.00
$0.00
$33,750.00
Rounded $33,800.00
$3,400.00
$37,200.00
Page 34 of 42
Page 47 of 111
La Porte Road Reconstruction
Preliminary and Final Design - Phase 2 & 3
City of Waterloo
Local Systems Project Number: HDP-8155(787)--71-07
COST ANALYSIS - Iowa Counts - DIVISION III
Traffic Count Cost Per Intersection (Iowa Counts)
DIVISION III - (Local Funding)
RAISE Grant Agreement Baseline Report
Task 146 - Updated Traffic Counts and New Bicycle and Pedestrian Counts
Intersection Counts Unit Rate/Intersection Amount
La Porte Road and Shaulis Road 1 $3,000.00 $3,000.00
La Porte Road and San Marnan Drive 1 $3,000.00 $3,000.00
La Porte Road and Mitchell Avenue 1 $3,000.00 $3,000.00 $9,000.00
3
II. Estimated Actual Costs $9,000.00
III. Subconsultant Authorized Amount $9,000.00
IV. Contingency (10%) $900.00
Rounded $900.00
V. Maximum Amount Payable $9,900.00
Page 35 of 42
Page 48 of 111
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 36 of 42
Page 49 of 111
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, Douglas W. Schindel, Vice President, of the
AECOM Technical Services, Inc., Company, being duly sworn (or under penalty of perjury under the laws of the
United States and the State of Iowa) do hereby certify that the above Statements are true and correct.
Douglas W. Schindel, PE
Vice President
Subscribed and sworn to this day of
(month) (year)
Page 37 of 42
Page 50 of 111
ATTACHMENT E
CERTIFICATION OF CONSULTANT
I hereby certify that 1, Douglas W. Schindel, am the Vice President and duly authorized representative of the firm
of AECOM Technical Services, Inc., whose address is 501 Sycamore Street, Suite 222, Waterloo, IA 50703, 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.
Douglas W. Schindel, PE Date
Vice President
Page 38 of 42
Page 51 of 111
ATTACHMENT F
CERTIFICATION OF OWNER
I hereby certify that I, Quentin 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 39 of 42
Page 52 of 111
Consultant Name
Consultant Address
Consultant Address
Invoice No.
Invoice Period Covered
Consultant Job No.
ATTACHMENT G
Page 1
Cost Plus Fixed Fee Progressive Invoice
Date
Client Project No.
County
Client Project Description
Client Contract No.
Contract Cumulative Current
Estimate To Date Period
Labor Dollars
Overhead
Overhead Adjustments
Direct Expenses
Mileage
Per Diem
CADD
Estimated Actual Costs
[Prime Only] (See Note 1)
Subconsultants (including authorized
contingency)
Name
Name
Name
Estimated Actual Costs
[Total Subconsultant Costs]
Total Estimated Actual Costs
[Prime + Total Subconsultant
Costs]
Fixed Fee (See Note 2)
Authorized Contingency
Total Authorized Amount
Total Billed To Date
Remaining Authorized Balance
Unauthorized Contingency
Prime
Subconsultant Name
Subconsultant Name
Labor Hours
Note 1: Do not include Subconsultant Expenses. Include Direct Labor, Overhead, and Direct Expenses for Prime
Consultant only.
Note 2: Fixed fee shall be proportionate to the amount of actual costs invoiced compared to the actual costs
estimated.
Page 40 of 42
Page 53 of 111
Consultant Name
Consultant Address
Consultant Address
Invoice No.
Invoice Period Covered
Consultant Job No.
ATTACHMENT G
Page 2
Cost Plus Fixed Fee Final Invoice
Date
Client Project No.
County
Client Project Description
Client Contract No.
Contract Cumulative Current
Estimate To Date Period
Labor Dollars (2001)
Labor Dollars (2000)
Labor Dollars (1999)
Overhead (2001)
Overhead (2000)
Overhead (1999)
Direct Expenses
Mileage
Per Diem
CADD
Estimated Actual Costs
[Prime Only]
Subconsultants (including authorized
contingency)
Name
Name
Name
Estimated Actual Costs
[Total Subconsultant Costs]
Total Estimated Actual Costs
[Prime + Total Subconsultant
Costs]
Fixed Fee
Authorized Contingency
Total Authorized Amount
Total Billed To Date
Remaining Authorized Balance
Unauthorized Contingency
Prime
Subconsultant Name
Subconsultant Name
Labor Hours (2001)
Labor Hours (2000)
Labor Hours (1999)
Page 41 of 42
Page 54 of 111
ATTACHMENT G
Page 3
Cost Plus Fixed Fee 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.
• Overhead Rates: Overhead rates and labor dollars to which the overhead rates are applied should match the
fiscal year in which the costs are incurred. Overhead rates applied to labor should be audit verified when
available. When not available, proposed FAR adjusted rates for the fiscal year in which the labor is incurred
should be used.
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 cost plus fixed fee contracts are the same
as the requirements for the prime consultant. It is the prime consultant's responsibility to assure such an
invoice is acquired and attached to the prime's final invoice.
Page 42 of 42
Page 55 of 111
CONTRACT
7/24/2024 2:51 PM
Letting Date: July 16, 2024
County: BLACK HAWK
Cost Center: 611000
Contract ID: 07-8155-775
Project Engineer: AECOM
Object Code: 890
Contract Work Type: PCC PAVEMENT - GRADE & REPLACE
CaII Order: 101
DBE Commitment: $311,500.00
This agreement made and entered by and between the Contracting Authority,
CITY OF WATERLOO
and Contractor,
PETERSON CONTRACTORS INC. (PE320)
City: REINBECK State: IA
It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor, the specifications, the plan, if
any, for project(s) listed herein, together with Contractor's performance bond, are made a part hereof and together with
this instrument constitute the contract. This contract contains all of the terms and conditions agreed upon by the parties
hereto.
Contractor, for and in considerations of $ 10,377,066.19 payable as set forth in the specifications constituting a part
of this contract, agrees to construct various items of work and/or provide various materials or supplies in accordance with
the plans and specifications therefore, and in the locations designated in the Notice to Bidders.
Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contractor has
complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Code Section 91C.5 (Public
Registration Number), if applicable.
In consideration of the foregoing, Contracting Authority hereby agrees to pay the Contractor promptly and according to
the requirements of the specifications the amounts set fourth, subject to the conditions as set forth in the specifications.
It is further understood and agreed that the above work shall also be commenced or completed in accordance with
Contract Time of this Contract and assigned Notes.
To accomplish the purpose herein expressed, the Contracting Authority and Contractor have signed this instrument.
For Federal -Aid Contracts the Contractor certifies that each subcontract is evidenced in writing and that it contains all
pertinent provisions and requirements of the contract.
Page 56 of 111
I ^WA I DOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Project(s)
7/24/2024 2:51 PM
Contract ID: 07-8155-775
CaII Order: 101 Letting Date: July 16, 2024
Project Number: HDP-8155(775)--71-07 County: BLACK HAWK
Project Work Type: PCC PAVEMENT - GRADE & REPLACE
Location: In the city of Waterloo, On La Porte Rd, from E Shaulis Rd N 1.6 miles to Bopp St
Route: LA PORTE ROAD
Federal Aid - Predetermined Wages are in Effect
Page 57 of 111
I ^WA I DOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Time
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
Site ID
Site Details
Liquidated
Damages
00 Late Start Date 08/19/2024 320 WORK DAYS $2,000.00
(*) - Indicates Cost Plus Time Site. See Schedule of Items for Cost Per Unit
Page 58 of 111
I ^WA I DOT
Contract Prepared by
Contracts and Specifications Bureau
Notes
7/24/2024 2:51 PM
Contract ID: 07-8155-775
CaII Order: 101 Letting Date: July 16, 2024
Notes :
There are no notes for this contract.
Page 59 of 111
I ^WA I DOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Addenda
7/24/2024 2:51 PM
Contract ID: 07-8155-775
CaII Order: 101 Letting Date: July 16, 2024
The following is a list of Contract Addenda:
16JUL101.A01
16JUL101.A02
Page 60 of 111
InWAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Specifications List
7/24/2024 2:51 PM
Contract ID: 07-8155-775
CaII Order: 101 Letting Date: July 16, 2024
Note Description
001.2023
*** STANDARD SPECIFICATIONS -- SERIES 2023 ***
The Iowa Department of Transportation STANDARD SPECIFICATIONS FOR
HIGHWAY AND BRIDGE CONSTRUCTION, SERIES 2023, plus applicable General
Supplemental Specifications, Developmental Specifications, Supplemental
Specifications AND Special Provisions shall apply to construction work on this contract.
500.06 *** WINTER WORK ***
The free time allowed between November 15 and April 1 will not be permitted on this
project until the roadway is open to through traffic. The Contractor shall work during the
winter on all working days as defined in Article 1101.03 'Working Day' until the roadway
is open to through traffic.
500.2026
*** NO WINTER FREE TIME ***
The free time allowed between November 15 and April 1 will not be permitted on this
project during the winter of 2026-2027. The Contractor shall work during the winter on
all working days as defined in article 1101.03 'working day.
660.26 *** SPECIALTY ITEM ***
The item 'TRAFFIC SIGNALIZATION' and/or 'TRAFFIC SIGNAL INSTALLATION' is
considered a specialty item for this project.
When performed by subcontract, the cost of the specialty item/s so performed by
subcontract may be deducted from the total cost before computing the amount of work
required to be performed by the Prime Contractor with his/her own organization. Refer
to Article 1108.01 of the Standard Specifications.
FHWA-1273.09 FHWA-1273: REQUIRED CONTRACT PROVISIONS FEDERAL -AID
CONSTRUCTION CONTRACTS -- REVISED OCTOBER 23, 2023
23 U.S.C. 133(i) requires application of Davis Bacon predetermined wages on certain
projects on roads functionally classified as a local road or a rural minor collector. This
supersedes the applicability described in FHWA-1273 Section IV.
GS-23002 GENERAL SUPPLEMENTAL SPECIFICATIONS FOR HIGHWAY AND BRIDGE
CONSTRUCTION
Page 61 of 111
InWAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Specifications List
7/24/2024 2:51 PM
Contract ID: 07-8155-775
CaII Order: 101 Letting Date: July 16, 2024
Note Description
IA24-81.0
PREDETERMINED WAGE RATE - GENERAL DECISION NUMBER IA20240081
FOR HEAVY AND HIGHWAY CONSTRUCTION -- STATEWIDE (EXCEPT SCOTT
COUNTY)
Note: The Contractor shall review the contract documents and
is responsible for identifying which zone(s), as defined
in the Predetermined Wage Rate specification, apply to
the work on the contract.
' Additional Requirement ***
The Prime Contractor shall submit certified payrolls for itself and each approved
Subcontractor weekly to the Project Engineer. The Contractor may use the Iowa D.O.T.
Certified Payroll form or other approved form. The Contractor shall list the craft for
each employee covered by the Predetermined Wage Rates. The Prime Contractor
shall sign each of the Subcontractor's payrolls to acknowledge the submittal of the
Certified Payroll.
SP-232006 SPECIAL PROVISIONS FOR SANITARY SEWER REHABILITATION USING CURED -
IN -PLACE PIPE
Black Hawk County HDP-8155(775)--71-07
SP-232007 SPECIAL PROVISIONS FOR FIBER INSTALLATION
Black Hawk County HDP-8155(775)--71-07
SP-232008 SPECIAL PROVISIONS FOR COLORED, STAMPED PORTLAND CEMENT
CONCRETE
Black Hawk County HDP-8155(775)--71-07
Page 62 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
0010 2101-0850001 7.700
CLEARING AND GRUBBING ACRE 10,000.00 77,000.00
0020 2101-0850002 934.300
CLEARING AND GRUBBING UNIT 36.50 34,101.95
0030 2102-0425071 300.000
SPECIAL BACKFILL CY 18.50 5,550.00
0040 2102-2625001 12,201.000
EMBANKMENT -IN -PLACE, CY 17.00 207,417.00
CONTRACTOR FURNISHED
0050 2102-2710070 32,609.000
EXCAVATION, CLASS 10, ROADWAY CY 5.50 179,349.50
AND BORROW
0060 2102-2710080 300.000
EXCAVATION, CLASS 10, UNSUITABLE CY 15.00 4,500.00
OR UNSTABLE MATERIAL
0070 2102-2712015 300.000
EXCAVATION, CLASS 12, BOULDERS CY 30.00 9,000.00
OR ROCK FRAGMENTS
0080 2104-2710020 179.900
EXCAVATION, CLASS 10, CHANNEL CY 25.00 4,497.50
0090 2105-8425015 32,254.000
TOPSOIL, STRIP, SALVAGE AND CY 7.00 225,778.00
SPREAD
0100 2109-8225100 79.000
SPECIAL COMPACTION OF STA 650.00 51,350.00
SUBGRADE
0110 2113-0001100 4,435.000
SUBGRADE STABILIZATION SY 2.00 8,870.00
MATERIAL, POLYMER GRID
Page 63 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
0120 2115-0100000 16,407.000
MODIFIED SUBBASE CY 42.50 697,297.50
0130 2123-7450020 157.700
SHOULDER FINISHING, EARTH STA 250.00 39,425.00
0140 2210-0475290 285.000
MACADAM STONE BASE TON 28.00 7,980.00
0150 2213-7100400 8.000
RELOCATION OF MAIL BOXES EACH 250.00 2,000.00
0160 2301-1033090 38,167.500
STANDARD OR SLIP FORM SY 62.65 2,391,193.88
PORTLAND CEMENT CONCRETE
PAVEMENT, CLASS C, CLASS 3
DURABILITY, 9 IN.
0170 2304-0101000 1,770.400
TEMPORARY PAVEMENT SY 71.00 125,698.40
0180 2315-8275025 100.000
SURFACING, DRIVEWAY, CLASS A TON 27.50 2,750.00
CRUSHED STONE
0190 2316-0000110 28,625.000
PAYMENT ADJUSTMENT EACH 1.00 28,625.00
INCENTIVE/DISINCENTIVE FOR PCC
PAVEMENT SMOOTHNESS (BY
SCHEDULE)
0200 2401-6745356 2.000
REMOVAL OF CONCRETE FOOTINGS EACH 950.00 1,900.00
OF LIGHT POLES
0210 2401-6745650
REMOVAL OF EXISTING LUMP SUM 4,750.00
STRUCTURES
Page 64 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
0220 2401-6745765 2.000
REMOVAL OF LIGHT POLES EACH 450.00 900.00
0230 2401-6750001
REMOVALS, AS PER PLAN LUMP SUM 30,000.00
0240 2402-0425040 2,835.000
FLOODED BACKFILL CY 33.50 94,972.50
0250 2402-2720000 1,029.000
EXCAVATION, CLASS 20 CY 15.00 15,435.00
0260 2402-2720100 2,592.000
EXCAVATION, CLASS 20, FOR CY 8.50 22,032.00
ROADWAY PIPE CULVERT
0270 2402-3825025 158.800
GRANULAR MATERIAL FOR BLANKET CY 70.00 11,116.00
0280 2403-0100020 371.900
STRUCTURAL CONCRETE (RCB CY 625.00 232,437.50
CULVERT)
0290 2404-7775000 65, 080.000
REINFORCING STEEL LB 1.50 97,620.00
0300 2414-6444100 271.000
STEEL PIPE PEDESTRIAN HAND LF 265.00 71,815.00
RAILING
0310 2416-0100015 1.000
APRONS, CONCRETE, 15 IN. DIA. EACH 1,300.00 1,300.00
0320 2416-0100018 29.000
APRONS, CONCRETE, 18 IN. DIA. EACH 1,350.00 39,150.00
0330 2416-0100024 6.000
APRONS, CONCRETE, 24 IN. DIA. EACH 1,500.00 9,000.00
Page 65 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
0340 2416-0100030 1.000
APRONS, CONCRETE, 30 IN. DIA. EACH 1,750.00 1,750.00
0350 2416-0100036 4.000
APRONS, CONCRETE, 36 IN. DIA. EACH 2,150.00 8,600.00
0360 2416-0100042 4.000
APRONS, CONCRETE, 42 IN. DIA. EACH 2,800.00 11,200.00
0370 2416-0100048 16.000
APRONS, CONCRETE, 48 IN. DIA. EACH 3,050.00 48,800.00
0380 2416-0102236 1.000
APRON, LOW CLEARANCE EACH 2,650.00 2,650.00
CONCRETE, EQUIVALENT DIAMETER
36 IN.
0390 2416-1165018 290.000
CULVERT, 2000D CONCRETE LF 47.50 13,775.00
ENTRANCE PIPE, 18 IN. DIA.
0400 2416-1180024 150.000
CULVERT, CONCRETE ROADWAY LF 59.50 8,925.00
PIPE, 24 IN. DIA.
0410 2416-1180036 260.000
CULVERT, CONCRETE ROADWAY LF 100.00
PIPE, 36 IN. DIA.
0420 2416-1180042 156.000
CULVERT, CONCRETE ROADWAY LF 125.00
PIPE, 42 IN. DIA.
26,000.00
19,500.00
0430 2416-1180048 502.000
CULVERT, CONCRETE ROADWAY LF 160.00 80,320.00
PIPE, 48 IN. DIA.
Page 66 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
0440 2416-1193218 370.000
CULVERT, 3000D LOW CLEARANCE LF 72.50 26,825.00
CONCRETE ENTRANCE PIPE,
EQUIVALENT DIAMETER 18 IN.
0450 2417-0225018 1.000
APRONS, METAL, 18 IN. DIA. EACH 800.00 800.00
0460 2418-0000010 2.000
TEMPORARY STREAM DIVERSION EACH 10,000.00 20,000.00
0470 2435-0130348 2.000
MANHOLE, SANITARY SEWER, SW- EACH 22,500.00 45,000.00
303, 48 IN.
0480 2435-0140148 2.000
MANHOLE, STORM SEWER, SW-401, EACH 4,500.00 9,000.00
48 IN.
0490 2435-0140160 5.000
MANHOLE, STORM SEWER, SW-401, EACH 6,150.00 30,750.00
60 IN.
0500 2435-0250700 30.000
INTAKE, SW-507 EACH 7,400.00 222,000.00
0510 2435-0250800 6.000
INTAKE, SW-508 EACH 9,400.00 56,400.00
0520 2435-0250810 3.000
INTAKE, SW-508 MODIFIED EACH 12,800.00 38,400.00
0530 2435-0250900 18.000
INTAKE, SW-509 EACH 9,000.00 162,000.00
0540 2435-0251000 4.000
INTAKE, SW-510 EACH 11,000.00 44,000.00
Page 67 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
0550 2435-0251010 2.000
INTAKE, SW-510 MODIFIED EACH 16,000.00 32,000.00
0560 2435-0251224 3.000
INTAKE, SW-512, 24 IN. EACH 2,500.00 7,500.00
0570 2435-0251300 1.000
INTAKE, SW-513 EACH 5,650.00 5,650.00
0580 2435-0600010 3.000
MANHOLE ADJUSTMENT, MINOR EACH 3,800.00 11,400.00
0590 2435-0600020 5.000
MANHOLE ADJUSTMENT, MAJOR EACH 4,300.00 21,500.00
0600 2435-0700020 1.000
CONNECTION TO EXISTING INTAKE EACH 2,500.00 2,500.00
0610 2502-8212206 22,185.000
SUBDRAIN, PERFORATED PLASTIC LF 11.00 244,035.00
PIPE, 6 IN. DIA.
0620 2502-8221006 1.000
SUBDRAIN RISER, 6 IN., AS PER PLAN EACH 850.00 850.00
0630 2502-8221303 142.000
SUBDRAIN OUTLET, DR-303 EACH 225.00 31,950.00
0640 2502-8221306 15.000
SUBDRAIN OUTLET, DR-306 EACH 500.00 7,500.00
0650 2503-0112008 83.000
STORM SEWER GRAVITY MAIN, LF 50.00 4,150.00
TRENCHED, POLYVINYL CHLORIDE
PIPE (PVC), 8 IN.
Page 68 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
0660 2503-0114215 2,557.000
STORM SEWER GRAVITY MAIN, LF 61.50 157,255.50
TRENCHED, REINFORCED
CONCRETE PIPE (RCP), 2000D
(CLASS III), 15 IN.
0670 2503-0114218 1,683.000
STORM SEWER GRAVITY MAIN, LF 63.00 106,029.00
TRENCHED, REINFORCED
CONCRETE PIPE (RCP), 2000D
(CLASS III), 18 IN.
0680 2503-0114224 1,486.000
STORM SEWER GRAVITY MAIN, LF 75.00 111,450.00
TRENCHED, REINFORCED
CONCRETE PIPE (RCP), 2000D
(CLASS III), 24 IN.
0690 2503-0114230 1,129.000
STORM SEWER GRAVITY MAIN, LF 120.00 135,480.00
TRENCHED, REINFORCED
CONCRETE PIPE (RCP), 2000D
(CLASS III), 30 IN.
0700 2503-0114236 1,059.000
STORM SEWER GRAVITY MAIN, LF 132.50 140,317.50
TRENCHED, REINFORCED
CONCRETE PIPE (RCP), 2000D
(CLASS III), 36 IN.
0710 2503-0114415 115.000
STORM SEWER GRAVITY MAIN,
TRENCHED, REINFORCED
CONCRETE PIPE (RCP), 3000D
(CLASS IV), 15 IN.
LF
61.50 7,072.50
Page 69 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
0720 2503-0114418 67.000
STORM SEWER GRAVITY MAIN,
TRENCHED, REINFORCED
CONCRETE PIPE (RCP), 3000D
(CLASS IV), 18 IN.
0730 2503-0116336
LF
126.000
65.00 4,355.00
STORM SEWER GRAVITY MAIN, LF 153.50 19,341.00
TRENCHED, 2000D LOW CLEARANCE
CONCRETE PIPE, EQUIVALENT
DIAMETER 36 IN.
0740 2503-0200036 2,728.000
REMOVE STORM SEWER PIPE LESS LF 22.00 60,016.00
THAN OR EQUAL TO 36 IN.
0750 2503-0200136 520.000
REMOVE STORM SEWER PIPE LF 30.00 15,600.00
GREATER THAN 36 IN.
0760 2504-0114018 50.000
SANITARY SEWER GRAVITY MAIN, LF 225.00 11,250.00
TRENCHED, POLYVINYL CHLORIDE
PIPE (PVC), 18 IN.
0770 2506-4984000 225.000
FLOWABLE MORTAR CY 160.00 36,000.00
0780 2507-3250005 1,131.000
ENGINEERING FABRIC SY 4.00 4,524.00
0790 2507-6800061 1,118.000
REVETMENT, CLASS E TON 47.50 53,105.00
0800 2507-6875002 485.000
REVETMENT, REMOVE AND REPLACE CY 38.50 18,672.50
0810 2510-6745850 26,250.000
REMOVAL OF PAVEMENT SY 4.50 118,125.00
Page 70 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
0820 2510-6750600 13.000
REMOVAL OF INTAKES AND UTILITY EACH
ACCESSES
0830 2511-0302600 8,310.400
RECREATIONAL TRAIL, PORTLAND SY
CEMENT CONCRETE, 6 IN.
0840 2511-7526004 473.700
SIDEWALK, P.C. CONCRETE, 4 IN. SY
0850 2511-7526006 102.200
SIDEWALK, P.C. CONCRETE, 6 IN. SY
0860 2511-7528101 470.000
DETECTABLE WARNINGS SF
0870 2512-1725206 775.000
CURB AND GUTTER, P.C. CONCRETE, LF
2.0 FT.
0880 2514-0000200 2.300
REMOVAL OF CURB STA
0890 2515-2475006 1,546.000
DRIVEWAY, P.C. CONCRETE, 6 IN. SY
0900 2515-6745600 2,094.400
REMOVAL OF PAVED DRIVEWAY SY
0910 2519-1002072 150.000
FENCE, CHAIN LINK, 72 IN. HEIGHT LF
0920 2519-3300600 560.000
FENCE, SAFETY LF
0930 2519-4200120 150.000
REMOVAL OF FENCE, CHAIN LINK LF
950.00
41.00
63.75
66.00
45.50
32.50
975.00
68.75
5.25
40.50
7.00
6.25
12,350.00
340,726.40
30,198.38
6,745.20
21,385.00
25,187.50
2,242.50
106,287.50
10,995.60
6,075.00
3,920.00
937.50
Page 71 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
0940 2520-3350015 1.000
FIELD OFFICE EACH 15,000.00 15,000.00
0950 2523-0000100 28.000
LIGHTING POLES EACH 5,400.00 151,200.00
0960 2523-0000200 11,200.000
ELECTRICAL CIRCUITS LF 16.00 179,200.00
0970 2523-0000310 35.000
HANDHOLES AND JUNCTION BOXES EACH 1,000.00 35,000.00
0980 2523-0000400 1.000
CONTROL CABINET EACH 10,000.00 10,000.00
0990 2524-6765210 22.000
REMOVAL OF TYPE A SIGN EACH 65.00 1,430.00
ASSEMBLY
1000 2524-9276010 475.000
PERFORATED SQUARE STEEL TUBE LF 15.00 7,125.00
POSTS
1010 2524-9276021 21.000
PERFORATED SQUARE STEEL TUBE EACH 350.00 7,350.00
POST ANCHOR, BREAK -AWAY SOIL
INSTALLATION
1020 2524-9276027 22.000
PERFORATED SQUARE STEEL TUBE EACH 400.00 8,800.00
POST ANCHOR, TRIANGULAR SLIP
BASE ASSEMBLY
1030 2524-9325001 314.000
TYPE A SIGNS, SHEET ALUMINUM SF 22.50 7,065.00
1040 2525-0000100
TRAFFIC SIGNALIZATION LUMP SUM 18,500.00
Page 72 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
1050 2527-9263155 13.000
PRE-CUT SYMBOLS AND LEGENDS, EACH 550.00 7,150.00
PREFORMED THERMOPLASTIC
MARKING MATERIAL
1060 2527-9263209 175.300
PAINTED PAVEMENT MARKINGS, STA 70.00 12,271.00
WATERBORNE OR SOLVENT -BASED
1070 2527-9263217 7.200
PAINTED PAVEMENT MARKINGS, STA 1,000.00 7,200.00
DURABLE
1080 2527-9263231 24.800
REMOVABLE TAPE MARKINGS, WET STA 175.00 4,340.00
RETROREFLECTIVE
1090 2527-9270112 103.700
GROOVES CUT FOR PAVEMENT STA 275.00 28,517.50
MARKINGS
1100 2527-9270120 13.000
GROOVES CUT FOR SYMBOLS AND EACH 200.00 2,600.00
LEGENDS
1110 2528-2518000 32.000
SAFETY CLOSURE EACH 250.00 8,000.00
1120 2528-8445110
TRAFFIC CONTROL LUMP SUM 150,000.00
1130 2528-8445113 100.000
FLAGGERS EACH 575.00 57,500.00
1140 2528-9290050 60.000
PORTABLE DYNAMIC MESSAGE SIGN CDAY 100.00 6,000.00
(PDMS)
Page 73 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
1150 2529-5070110 100.000
PATCHES, FULL -DEPTH FINISH, BY SY 72.00 7,200.00
AREA
1160 2529-5070120 2.000
PATCHES, FULL -DEPTH FINISH, BY EACH 2,000.00 4,000.00
COUNT
1170 2533-4980005
MOBILIZATION LUMP SUM 600,000.00
1180 2549-0041060 1.000
BYPASS PUMPING ITEM IS TO BE LS 1,500.00 1,500.00
USED IN COORDINATION WITH CIPP
SANITARY SEWER LINING ITEMS
1190 2552-0000220 300.000
REMOVAL, DISPOSAL, AND CY 39.00 11,700.00
REPLACEMENT OF UNSUITABLE
BACKFILL MATERIAL
1200 2554-0112008 605.000
WATER MAIN, TRENCHED, DUCTILE LF 94.00 56,870.00
IRON PIPE (DIP), 8 IN.
1210 2554-0112012 2,620.000
WATER MAIN, TRENCHED, DUCTILE LF 120.00 314,400.00
IRON PIPE (DIP), 12 IN.
1220 2554-0132008 72.000
WATER MAIN WITH CASING PIPE, LF 380.00 27,360.00
TRENCHED, DUCTILE IRON PIPE
(DIP), 8 IN.
1230 2554-0203000 11,414.000
FITTINGS BY WEIGHT, DUCTILE IRON LB 5.75 65,630.50
1240 2554-0205110 28.000
WATER SERVICE STUB, COPPER, 1 LF 90.00 2,520.00
IN.
Page 74 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
1250 2554-0205710 1.000
WATER SERVICE CURB STOP AND EACH 2,150.00 2,150.00
BOX, COPPER, 1 IN.
1260 2554-0207008 4.000
VALVE, GATE, DIP, 8 IN. EACH 5,450.00 21,800.00
1270 2554-0207012 9.000
VALVE, GATE, DIP, 12 IN. EACH 5,000.00 45,000.00
1280 2554-0210201 10.000
FIRE HYDRANT ASSEMBLY, WM-201 EACH 9,400.00 94,000.00
1290 2554-0210205 7.000
FIRE HYDRANT ASSEMBLY REMOVAL EACH 600.00 4,200.00
1300 2554-0212050 1.000
VALVE BOX REMOVAL EACH 600.00 600.00
1310 2599-9999005 22.000
('EACH' ITEM) FIBER HANDHOLES EACH 1,200.00 26,400.00
1320 2599-9999005 2.000
('EACH' ITEM) FOOTING FOR EACH 2,500.00 5,000.00
CONCRETE PIPE APRON, 24 IN.
1330 2599-9999005 1.000
('EACH' ITEM) FOOTING FOR EACH 2,800.00 2,800.00
CONCRETE PIPE APRON, 30 IN.
1340 2599-9999005 3.000
('EACH' ITEM) FOOTING FOR EACH 3,100.00 9,300.00
CONCRETE PIPE APRON, 36 IN.
1350 2599-9999005 2.000
('EACH' ITEM) FOOTING FOR EACH 3,300.00 6,600.00
CONCRETE PIPE APRON, 42 IN.
Page 75 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
1360 2599-9999005 8.000
('EACH' ITEM) FOOTING FOR EACH 3,500.00 28,000.00
CONCRETE PIPE APRON, 48 IN.
1370 2599-9999009 978.000
('LINEAR FEET' ITEM) CIPP MAIN LF 45.00 44,010.00
LINING, 10
1380 2599-9999009 1,160.000
('LINEAR FEET' ITEM) CIPP MAIN LF 110.00 127,600.00
LINING, 21
1390 2599-9999009 7,425.000
('LINEAR FEET' ITEM) FIBER CONDUIT LF 14.00 103,950.00
1400 2599-9999018 435.500
('SQUARE YARDS' ITEM) STANDARD SY 118.25 51,497.88
PORTLAND CEMENT COLORED
CONCRETE PAVEMENT, CLASS C,
CLASS 3 DURABILITY, 6 IN.
1410 2599-9999018 777.000
('SQUARE YARDS' ITEM) STANDARD
PORTLAND CEMENT COLORED
CONCRETE PAVEMENT, CLASS C,
CLASS 3 DURABILITY, 9 IN.
SY
141.00 109,557.00
1420 2601-2634105 19.400
MULCHING, BONDED FIBER MATRIX ACRE 2,750.00 53,350.00
1430 2601-2636054 11.800
WILDFLOWER SEEDING ACRE 1,450.00 17,110.00
1440 2601-2636060 7.600
SALT TOLERANT SEEDING ACRE 2,150.00 16,340.00
1450 2601-2638352 4,500.000
SLOPE PROTECTION, WOOD SQ 9.50 42,750.00
EXCELSIOR MAT
Page 76of111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
1460 2601-2640350 1,060.000
SPECIAL DITCH CONTROL, WOOD SQ
EXCELSIOR MAT
1470 2601-2642100 9.500
STABILIZING CROP - SEEDING AND ACRE
FERTILIZING
1480 2601-2642120 6.000
STABILIZING CROP - SEEDING AND ACRE
FERTILIZING (URBAN)
1490 2602-0000020 8,170.000
SILT FENCE LF
1500 2602-0000030 2,860.000
SILT FENCE FOR DITCH CHECKS LF
1510 2602-0000071 11, 030.000
REMOVAL OF SILT FENCE OR SILT LF
FENCE FOR DITCH CHECKS
1520 2602-0000101 11, 030.000
MAINTENANCE OF SILT FENCE OR LF
SILT FENCE FOR DITCH CHECK
1530 2602-0000150 500.000
STABILIZED CONSTRUCTION LF
ENTRANCE, EC-303
1540 2602-0000309 10,505.000
PERIMETER AND SLOPE SEDIMENT LF
CONTROL DEVICE, 9 IN. DIA.
1550 2602-0000351 10,505.000
REMOVAL OF PERIMETER AND LF
SLOPE OR DITCH CHECK SEDIMENT
CONTROL DEVICE
14.75
525.00
1,350.00
1.70
2.00
0.10
0.10
37.50
2.95
0.55
15,635.00
4,987.50
8,100.00
13,889.00
5,720.00
1,103.00
1,103.00
18,750.00
30,989.75
5,777.75
Page 77of111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
1560 2602-0000400 9.000
TEMPORARY INTAKE OR MANHOLE EACH 200.00 1,800.00
COVER ASSEMBLY
1570 2602-0000410 9.000
MAINTENANCE OF TEMPORARY EACH 10.00 90.00
INTAKE OR MANHOLE COVER
ASSEMBLY
1580 2602-0000420 9.000
REMOVAL OF TEMPORARY INTAKE EACH 10.00 90.00
OR MANHOLE COVER ASSEMBLY
1590 2602-0000500 356.000
OPEN -THROAT CURB INTAKE LF 14.50 5,162.00
SEDIMENT FILTER, EC-602
1600 2602-0000510 64.000
MAINTENANCE OF OPEN -THROAT EACH 25.00 1,600.00
CURB INTAKE SEDIMENT FILTER
1610 2602-0000520 64.000
REMOVAL OF OPEN -THROAT CURB EACH 25.00 1,600.00
INTAKE SEDIMENT FILTER
1620 2602-0000530 3.000
GRATE INTAKE SEDIMENT FILTER EACH 225.00 675.00
BAG, EC-604
1630 2602-0000540 3.000
MAINTENANCE OF GRATE INTAKE EACH 25.00 75.00
SEDIMENT FILTER BAG
1640 2602-0000550 3.000
REMOVAL OF GRATE INTAKE EACH 25.00 75.00
SEDIMENT FILTER BAG
1650 2602-0010010 1.000
MOBILIZATIONS, EROSION CONTROL EACH 600.00 600.00
Page 78 of 111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
1660 2602-0010020 1.000
MOBILIZATIONS, EMERGENCY EACH 1,200.00 1,200.00
EROSION CONTROL
1670 2610-0000400 25.000
WATERING FOR PLANTS MGAL 100.00 2,500.00
1680 2611-0000200 10.000
TREES, FURNISHED AND INSTALLED EACH 475.50 4,755.00
(WITH WARRANTY) AUTUMN BLAZE
MAPLE, 2.5 CAL. B&B
1690 2611-0000200 13.000
TREES, FURNISHED AND INSTALLED EACH 470.00 6,110.00
(WITH WARRANTY) COMMON
HACKBERRY, 2.5 CAL. B&B
1700 2611-0000200 13.000
TREES, FURNISHED AND INSTALLED EACH 540.00 7,020.00
(WITH WARRANTY) ESPRESSO
COFFEETREE, 2.5 CAL. B&B
1710 2611-0000200 10.000
TREES, FURNISHED AND INSTALLED EACH 450.00 4,500.00
(WITH WARRANTY) NORTHERN
CATALPA, 2.5 CAL. B&B
1720 2611-0000200 12.000
TREES, FURNISHED AND INSTALLED EACH 520.00 6,240.00
(WITH WARRANTY) NORTHERN RED
OAK, 2.5 CAL. B&B
1730 2611-0000200 10.000
TREES, FURNISHED AND INSTALLED EACH 475.50 4,755.00
(WITH WARRANTY) NORWAY MAPLE,
2.5 CAL. B&B
Page 79of111
I^WAIDOT
Contract Prepared by
Contracts and Specifications Bureau
Contract Schedule
7/24/2024 2:51 PM
Contract ID: 07-8155-775
Call Order: 101 Letting Date: July 16, 2024
SECTION: 0001
ROADWAY ITEMS
SECTION TOTAL: $10,377,066.19
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
1740 2611-0000200 27.000
TREES, FURNISHED AND INSTALLED EACH 550.00 14,850.00
(WITH WARRANTY) NORWAY
SPRUCE, 8' HT. B&B
1750 2611-0000200 8.000
TREES, FURNISHED AND INSTALLED EACH 480.00 3,840.00
(WITH WARRANTY) PRAIRIEFIRE
CRABAPPLE, 1.5 CAL. B&B
1760 2611-0000200 11.000
TREES, FURNISHED AND INSTALLED EACH 395.00 4,345.00
(WITH WARRANTY) PRINCETON
AMERICAN ELM, 2.5 CAL. B&B
1770 2611-0000200 13.000
TREES, FURNISHED AND INSTALLED EACH 445.00 5,785.00
(WITH WARRANTY) SKYLINE
HONEYLOCUST, 2.5 CAL. B&B
1780 2611-0000200 7.000
TREES, FURNISHED AND INSTALLED EACH 495.00 3,465.00
(WITH WARRANTY) SPRING SNOW
CRABAPPLE, 1.5 CAL. B&B
1790 2611-0000200 11.000
TREES, FURNISHED AND INSTALLED EACH 495.00 5,445.00
(WITH WARRANTY) SUGAR MAPLE,
2.5 CAL. B&B
1800 2611-0000200 12.000
TREES, FURNISHED AND INSTALLED EACH 520.00 6,240.00
(WITH WARRANTY) SWAMP WHITE
OAK, 2.5 CAL. B&B
1810 2611-0000200 11.000
TREES, FURNISHED AND INSTALLED EACH 415.00 4,565.00
(WITH WARRANTY) THORNLESS
COCKSPUR HAWTHORN, 1.5 CAL.
B&B
Page 80 of 111
Total Bid: $10,377,066.19
Page 81 of 111
FHWA-1273 - Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
General
Nondiscrimination
III. Non -segregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution Control Act
X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Xl. Certification Regarding Use of Contract Funds for Lobbying
XII. Use of United States -Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in
Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR
633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for
supplies or services). 23 CFR 633.102(e).
The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or
agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service
provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal -aid design -build contracts, in all subcontracts and in lower tier subcontracts (excluding
subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR
633.102. The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in solicitation -for -bids or request -for -proposals documents, however, the Form FHWA-1273
must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the
contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress
payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a
construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C.
114(b). The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts
1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as
amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts
exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of
Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to
ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act
of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and
633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of
Labor (US DOL) and FHWA requirements.
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1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure
equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41
CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by
reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities
of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide
equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)
(4) & (5).
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their
race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship, pre -apprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and
must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility
to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who
recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the
following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once
every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted
by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the
contractor's EEO obligations within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating
and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment
and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings,
employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity
Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the
project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private
employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential
minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the
contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the
provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of
such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation
violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with
regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every
type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex,
sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate
discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage
practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where
evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions
reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this
contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that
the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each
investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
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a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current
employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full
use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a
special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The
contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible
employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the
cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through
a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more
minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying
employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually
bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within
the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective
bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color,
religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities
and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a
collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice
prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor
shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and
comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of
race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State DOT's FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated
by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this
contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure
by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non -responsible.
c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records
shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non -minority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and
women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
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b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the
number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This
information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last
payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and
report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-
1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its
employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term
"facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other
storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees.
The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts
(regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway
that is functionally classified as Federal -aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor
collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal -aid highway, the
provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and HighwayProjects funded under 23 U.S.C.
117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor
revisions to conform to the FHWA-1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or
development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a
part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As
provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been
attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis -Bacon Act (40 U.S.C. 3141
(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of
this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed,
without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may
be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications
and wage rates conformed under paragraph 1.c. of this section) and the Davis -Bacon poster (WH-1321) must be posted at all times by the contractor
and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the
procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of
laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been
determined;
(ii) The classification is used in the area by the construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in
such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage
determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an
additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage
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determination.
(2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting
officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken
will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting
officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days
of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4)
of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be
paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or
may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,
That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any
underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest,
required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or
federally assisted contract subject to Davis -Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary
funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally
assisted contract that is subject to Davis -Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were
withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or
part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this
section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph
2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and
any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in
construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is
completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address
of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act);
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daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of
any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C.
3141(2)(B) of the Davis -Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of
the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in
which any DBA- or Related Acts -covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the
submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified
payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor,
the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime
contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor
is unable or limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained
under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g.,
the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form
WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor
to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime
contractor for its own records, without weekly submission by the subcontractor to the contracting agency.
(3) Statement of Compliance. Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or
subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must
certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the
appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct
and complete;
(ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the
classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH-347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-
347 will satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(3) of this section.
(5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature
or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under
18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a
period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related
documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve
these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime
contract is completed.
d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records
required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the
Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by §
5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the
Department of Labor, and must permit such representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required
records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written
notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers,
take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to
submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be
grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those
records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an
administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into
consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the
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reasonableness of the request and may consider, among other things, the location of the records and the volume of production.
(3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address,
telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the
FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR 5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are
employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment
and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not
individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days
of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA
withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits
must be paid in accordance with that determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the
ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant
to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not
less than the applicable wage rate on the wage determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which
the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate
specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as
promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV.
23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular
programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by
reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and
such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the
subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these
clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the
date of the underpayment or loss, due to any workers of lower -tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for
debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in
29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or
§ 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11. Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner
discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner
discriminate against, any worker or job applicant for:
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a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR
part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or
others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part
1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to
the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment
of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work
in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the
contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In
addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or
a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum
currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section. * $31 as of January
15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation
Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as
may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including
interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime
contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the
same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by
the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to
satisfy the contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or
paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractors surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractors bankruptcy estate;
(4) A contractors assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and
a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by
any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the
prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the
underpayment or loss, due to any workers of lower -tier subcontractors, and associated liquidated damages and may be subject to debarment, as
appropriate.
5. Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner
discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner
discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety
Standards Act (CWHSSA) or its implementing regulations in this part;
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b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or
others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified
elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may
be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before
computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term "perform work with its own organization" in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of
hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only
be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of
compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available
in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor
components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the
cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full
authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of
who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized
representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract.
Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all
pertinent provisions and requirements of the prime contract. (based on long-standing interpretation of 23 CFR 635.116).
5. The 30-percent self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may
establish their own self -performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and
sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed
actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the
job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that
the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part
1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of
entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to
carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
This provision is applicable to all Federal -aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on
statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all
persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the
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seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR Part 635) in one or more
places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or
corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material
used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans,
maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation;
or
Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost
of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant
to provisions of the Federal -aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738)
This provision is applicable to all Federal -aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR
200.327.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal -aid construction
contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the
Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action
as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders,
lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more - as
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220.
1. Instructions for Certification - First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction.
The prospective first tier 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 first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR
180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to
enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time
the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in
this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. "First Tier Covered Transactions" refers to any covered
transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the
participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor).
"Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants
(such as subcontractors and suppliers).
f. The prospective first tier 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. 2 CFR 180.330.
g. The prospective first tier 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 Transactions," provided by the department or contracting agency,
entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR
180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to
participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective
participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300,
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180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) 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. 2 CFR
180.325.
2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or agency, 2 CFR 180.335;.
(2) 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, 2 CFR 180.800;
(3) 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 (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) 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 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal
(USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been
exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an
explanation to this proposal. 2 CFR 180.335 and 180.340.
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or
more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is
later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension
and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the
prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in
this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 - 180.1020, and 1200. You may contact the person to which this proposal is submitted
for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a recipient or
subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered
transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a
covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any
participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and
suppliers).
e. The prospective lower tier 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 with which this transaction originated. 2 CFR 1200.220 and
1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant
is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the
eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the
System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320,
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Page 92 of 111
180.330, and 180.335.
h. 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 participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e 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 with which this transaction originated may pursue available
remedies, including suspension and/or debarment. 2 CFR 180.325.
4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions
by any Federal department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT
Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been
exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability. (USDOT Order 4200.6 implementing appropriations act requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should
attach an explanation to this proposal.
Xl. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission
of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be
included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES -FLAG VESSELS:
This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders,
lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal -aid highway project. 46 CFR 381.7. It is not applicable to
goods or materials that come into inventories independent of an FHWA funded -contract.
When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal -aid
construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk
carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent
such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the
date of loading for shipments originating outside the United States, a legible copy of a rated, 'on -board' commercial ocean bill -of -lading in English for
each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of
subcontractor bills -of -lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590.
(MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may
contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the
contractor). 46 CFR 381.7.
ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR
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APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal -aid projects
funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give
preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the
subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of
the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,
provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of
employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other
employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job
order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment
Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not
required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is
unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project
records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by
the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials
native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may
be, done as on -site work.
Page 13 of 13
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PREDETERMINED WAGE RATE IA24 - 81.0
General Decision Number: IA20240081 01/05/2024
Superseded General Decision Number: IA20230081
State: Iowa
Construction Types: Heavy and Highway
Counties: Iowa Statewide (except Scott County).
Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the
applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal
government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject
only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).
If the contract is entered into on or after
Executive Order 14026 generally applies to
January 30, 2022, or the contract is renewed
the contract. The contractor must pay all
or extended (e.g., an option is exercised) on or
covered workers at least $17.20 per hour (or
after January 30, 2022:
the applicable wage rate listed on this wage
determination, if it is higher) for all hours
spent performing on the contract in 2024.
If the contract was awarded on or between
Executive Order 13658 generally applies to
January 1, 2015 and January 29, 2022, and the
the contract. The contractor must pay all
contract is not renewed or extended on or
covered workers at least $12.90 per hour (or
after January 30, 2022:
the applicable wage rate listed on this wage
determination, if it is higher) for all hours
spent performing on that contract in 2024.
The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is
covered by one of the Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this wage determination, the contractor
must still submit a conformance request.
Additional information on contractor requirements and worker protections under the Executive
Orders is available at https://www.dol.gov/agencies/whd/government-contracts.
Modification Number Publication Date
0 01/05/2024
SU1A2023 -001 02/01/2023
BRICKLAYER (BRICKLAYER/STONE MASON) Rates Fringes
ZONE 1 $ 34.00 17.62
ZONE 2 $ 34.00 17.62
ZONE 3 $ 34.00 17.62
ZONE 4 $ 32.75 16.09
ZONE 5 $ 29.65 16.09
IA20240081 - 1
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PREDETERMINED WAGE RATE IA24 - 81.0
CARPENTER AND PILEDRIVERMEN:
ZONE 1
ZONE 2
ZONE 3
ZONE 4
ZONE 5 **
CONCRETE FINISHER:
ZONE 1
ZONE 2
ZONE 3
ZONE 4
ZONE 5
ELECTRICIAN (STREET AND HIGHWAY LIGHTING
AND TRAFFIC SIGNALS)
ZONE 1, 2, AND 3
ZONE 4
ZONE 5
IRONWORKER: (SETTING OF STRUCTURAL STEEL)
ZONE 1
ZONE 2
ZONE 3
ZONE 4
ZONE 5 **
LABORER:
ZONE 1, 2, AND 3
GROUP AA
GROUP A
GROUP B
GROUP C
ZONE 4
GROUP AA
GROUP A
GROUP B
GROUP C
ZONE 5
GROUP AA
GROUP A
GROUP B
GROUP C
POWER EQUIPMENT OPERATOR:
ZONE 1
GROUP A
GROUP B
GROUP C
GROUP D
31.27 15.83
29.80 15.98
29.68 15.98
29.20 13.30
28.15 11.70
29.55 13.10
29.55 13.10
29.55 13.10
27.70 9.20
26.65 9.20
36.40 14.80
35.10 13.80
33.45 13.05
32.25 14.85
30.16 15.30
30.16 15.45
28.00 14.50
26.15 13.70
27.20 12.01
24.82 12.01
22.97 12.01
19.89 12.01
25.12 11.32
23.12 11.32
21.55 11.32
18.92 11.32
25.52 9.87
23.52 9.87
20.78 9.87
19.93 9.87
35.50
33.95
31.45
31.45
16.50
16.50
16.50
16.50
IA20240081 - 2
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PREDETERMINED WAGE RATE IA24 - 81.0
ZONE 2
GROUP A
GROUP B
GROUP C
GROUP D
ZONE 3
GROUP A
GROUP B
GROUP C
GROUP D
ZONE 4
GROUP A
GROUP B
GROUP C
GROUP D
ZONE 5
GROUP A
GROUP B
GROUP C
GROUP D
35.30 16.50
33.70 16.50
31.15 16.50
31.15 16.50
32.50 28.20
30.70 28.20
29.70 28.20
29.70 28.20
32.85 16.95
31.71 16.95
29.63 16.95
29.63 16.95
30.87 13.25
29.83 13.25
28.10 13.25
27.10 13.25
TRUCK DRIVER (AND PAVEMENT MARKING DRIVER/SWITCHPERSON)
ZONE 1
ZONE 2
ZONE 3
ZONE 4
ZONE 5
ZONE DEFINITIONS
26.26 12.59
26.26 12.59
26.26 12.59
26.26 9.04
24.50 9.04
ZONE 1 The Counties of Polk, Warren and Dallas for all Crafts, and Linn County
Carpenters only.
ZONE 2 The Counties of Dubuque for all Crafts and Linn County for all Crafts except
Carpenters.
ZONE 3 The Cities of Burlington (including West Burlington, Clinton, Fort Madison,
Keokuk, Middleton (including the Iowa Army Ammunition Plant) and Muscatine
(and abutting municipalities of any such cities).
ZONE 4 Story, Black Hawk, Cedar, Jasper, Jones, Jackson, Louisa, Madison, and Marion
Counties; Clinton County (except the City of Clinton), Johnson County,
Muscatine County (except the City of Muscatine), the City of Council Bluffs, Lee
County and Des Moines County.
ZONE 5 All areas of the state not listed above.
IA20240081 - 3
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PREDETERMINED WAGE RATE IA24 - 81.0
LABORER CLASSIFICATIONS - ALL ZONES
GROUP AA — {Skilled pipelayer (sewer, water and conduits) and tunnel laborers; Asbestos
abatement worker}.
GROUP A — Carpenter tender on bridges and box culverts; curb machine (without a seat);
CCTV* sewer inspection operator; curb machine (without a seat); deck hand; diamond & core
drills; drill operator on air tracs, wagon drills and similar drills; form setter/stringman on paving
work; gunnite nozzleman; joint sealer kettleman; laser operator; mason tender (brick/stone);
powderman tender; powderman/blaster; sign erector; saw operator; {(Zones 4 and 5) Skilled
pipelayer (sewer, water, and conduits); tunnel laborer; asbestos abatement worker} *new labor
classification (CCTV: closed circuit television).
GROUP B - Air, gas, electric tool operator; barco hammer; carpenter tender; caulker; chain
sawman; compressor (under 400 cfm); concrete finisher tender; concrete processing materials
and monitors; cutting torch on demolition; drill tender; dumpmen; electric drills; fence erectors;
form line expansion joint assembler; form tamper; general laborer; grade checker; handling and
placing metal mesh, dowel bars, reinforcing bars and chairs; hot asphalt laborer; installing
temporary traffic control devices; jackhammerman; mechanical grouter; painter (all except
stripers); paving breaker; planting trees, shrubs and flowers; power broom (not self-propelled);
power buggyman; rakers; rodman (tying reinforcing steel); sandblaster; seeding and mulching;
sewer utility topman/bottom man; spaders; stressor or stretcherman on pre or post tensioned
concrete; stringman on re/surfacing/no grade control; swinging stage, tagline, or block and
tackle; tampers; timberman; tool room men and checkers; tree climber; tree groundman;
underpinning and shoring caissons over twelve feet deep; vibrators; walk behind trencher; walk
behind paint stripers; walk behind vibrating compactor; water pumps (under three inch); work
from bosun chair.
GROUP C - Scale weigh person; traffic control/flagger, surveillance or monitor; water carrier.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS - ALL ZONES
GROUP A - All terrain (off road) forklift, Asphalt breakdown roller (vibratory); Asphalt
laydown machine; asphalt plant; Asphalt screed; bulldozer (finish); central mix plant; concrete
pump; crane; crawler tractor pulling scraper; directional drill (60,000 (lbs) pullback and above);
dragline and power shovel; dredge engineer; excavator (over 1/2 cu. yd.); front end loader (4 cy
and over); horizontal boring machine; master mechanic; milling machine (over 350 hp); motor
grader (finish); push cat; rubber tired backhoe (over 1/2 cu. yd.); scraper (12 cu. yd. and over or
finish); Self-propelled rotary mixer/road reclaimer; sidebroom tractor; slipform portland concrete
paver; tow or push boat; trenching machine (Cleveland 80 or similar).
GROUP B - Articulated off road hauler, asphalt heater/planer; asphalt material transfer vehicle;
Asphalt roller; belt loader or similar loader; bulldozer (rough); churn or rotary drill; concrete
curb machine; crawler tractor pulling ripper, disk or roller; deck hand/oiler; directional drill (less
than 60,000 (lbs) pullback); distributor; excavator (1/2 cu. yd. and under); form riding concrete
paver; front end loader (2 to less than 4 cu. yd.); group equipment greaser; mechanic; milling
machine (350 hp. and less); paving breaker; portland concrete dry batch plant; rubber tired
backhoe (1/2 cu. yd. and under); scraper (under 12 cy); screening, washing and crushing plant
(mobile, portable or stationary); shoulder machine; skid loader (1 cu. yd. and over); subgrader or
trimmer; trenching machine; water wagon on compaction.
IA20240081 - 4
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PREDETERMINED WAGE RATE IA24 - 81.0
GROUP C - Boom & winch truck; concrete spreader/belt placer; deep wells for dewatering; farm
type tractor (over 75 hp.) pulling disc or roller; forklift; front end loader (under 2 cu. yd.); motor
grader (rough); pile hammer power unit; pump (greater than three inch diameter); pumps on well
points; safety boat; self-propelled roller (other than asphalt); self-propelled sand blaster or shot
blaster, water blaster or striping grinder/remover; skid loader (under 1 cu. yd.); truck mounted
post driver.
GROUP D - Boiler; compressor; cure and texture machine; dow box; farm type or utility tractor
(under 75 hp.) pulling disk, roller or other attachments; group greaser tender; light plants;
mechanic tender; mechanical broom; mechanical heaters; oiler; pumps (under three inch
diameter); tree chipping machine; truck crane driver/oiler.
** CARPENTERS AND PILEDRIVERMEN, or IRONWORKERS (ZONE 5)
Setting of structural steel; any welding incidental to bridge or culvert construction; setting
concrete beams.
WELDERS: Receive rate prescribed for craft performing operation to which welding is
incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies
to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the
contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work,
up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave
for their own illness, injury or other health -related needs, including preventive care; to assist a
family member (or person who is like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons resulting from, or to assist a family
member (or person who is like family to the employee) who is a victim of, domestic violence,
sexual assault, or stalking. Additional information on contractor requirements and worker
protections under the EO is available at https://www.dol.gov/agencies/whd/government-
contracts.
Unlisted classifications needed for work not included within the scope of the classifications
listed may be added after award only as provided in the labor standards contract clauses (29 CFR
5.5 (a) (1) (iii)).
The body of each wage determination lists the classification and wage rates that have been found
to be prevailing for the cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical order of "identifiers" that indicate
whether the particular rate is a union rate (current union negotiated rate for local), a survey rate
(weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with
characters other than "SU" or "UAVG" denotes that the union classification and rate were
IA20240081 - 5
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PREDETERMINED WAGE RATE IA24 - 81.0
prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is
an abbreviation identifier of the union which prevailed in the survey for this classification, which
in this example would be Plumbers. 0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an
internal number used in processing the wage determination. 07/01/2014 is the effective date of
the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining
agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for this
classification in the survey and the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that classification. As this weighted average
rate includes all rates reported in the survey, it may include both union and non -union rates.
Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted
average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012
is the year of survey on which these classifications and rates are based. The next number, 007 in
the example, is an internal number used in producing the wage determination. 5/13/2014
indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed
for those classifications; however, 100% of the data reported for the classifications was union
data. Example: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in the example, is an internal
number used in producing the wage determination. 08/29/2014 indicates the survey completion
date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted
average of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination
matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys,
should be with the Wage and Hour National Office because the National Office has
responsibility for the Davis -Bacon survey program. If the response from this initial contact
is not satisfactory, then the process described in 2.) and 3.) should be followed.
IA20240081 - 6
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PREDETERMINED WAGE RATE IA24 - 81.0
With regard to any other matter not yet ripe for the formal process described here, initial
contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the interested party's position and
by any information (wage payment data, project description, area practice material, etc.)
that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly
to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
IA20240081 - 7
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Doc Express® Document Signing History
Contract: 07-8155-775 Document: BO 101 07-8155-775 240716 CONTRACT
This document is in the process of being signed by all required signatories using the Doc Express@ service. Following are the
signatures that have occurred so far.
Date
Signed By
(Signed by Contractor)
(Local Public Agency Views and Signs Performance Bond)
(Local Public Agency Signs Contract)
(Checked by Contracts and Specifications Bureau)
(Signed by Contracts and Specifications Bureau)
(Marked Completed by Contracts and Specifications Bureau)
Page 102 of 111
Grout Museum Inc.
503 South Street
Waterloo, IA 50701
Contract
This contract is made effective as of July 01, 2024, by and between Grout Museum, Inc. of 503 South
Street, Waterloo Iowa 50701 and City of Waterloo of 715 Mulberry Street, Waterloo, Iowa 50703.
Description of Services: Beginning on the Effective Date of July 1, 2024, the Grout Museum, Inc. will
provide the following services:
For the public Grout Museum, Inc. will provide better understanding of our world by collecting, preserving,
and interpreting history and illustrating scientific principles. The Grout Museum collects, preserves, and
interprets cultural and natural history of the region along with admissions, tours, popular daily
planetarium shows, library containing geology's, theater programs, and education programs including
Museum School, science outreach, and summer camps. The Sullivan Brothers Iowa Veterans Museum
honors all Iowans who served the nation from the Civil War to the present; the Rensselaer Russell House
Museum and the Snowden House preserve and interpret elements of the Victorian age; and the Bluedorn
Science Imaginarium provides exhibitions and educational programs that inspire study of the sciences.
Current exhibit at the Bluedorn Science Imaginarium is the Dinosaurs: Land of Fire and Ice exhibit that will
end early September 2024. Established in 1932, the Grout Museum is widely acknowledged as one of the
cornerstones of culture in Northeast Iowa. Is also accredited by the American Association of Museums.
Payment: Payment shall be made to Grout Museum, Inc., 503 South Street, Waterloo, Iowa 50701. The
monthly payment is $52,083 a month starting July 1, 2024, and ending on June 30, 2025, with final
payment in June 2025 of $52,087 to equal $625,000. Total amount of the contract for fiscal year 2025 is
$625,000.
Term: This Contract will terminate on June 30, 2025.
Accounting of Funds: In order to provide better understanding of our world by use of the amount of
$625,000 this will be budgeted for the support of operations of the Grout Museum as it has been in the
past when levy funding first started in September 2018. Separate levy budget has been tracked and shared
on the Grout Museum's website since 2018 and will continue with this funding being shared with the
public. These funds help to support ongoing exhibits, oral history and outreach travels, office supplies,
building maintenance, equipment repairs and computer maintenance, service contracts, utilities, office
supplies, building and liability insurance, support of staff not covered by other funding sources for
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educational purposes and janitorial supplies. Attendance reports is the tracking of in the area and from
outside of Waterloo by zip code. Attendance is tracked for admissions, museum schools, in house
programs, adult and children tours, meetings, rentals planetarium shows, and outreach programs.
Quarterly reports of financial expenditures supported by funds received and by Grout Museum
attendance will be supplied to the City of Waterloo with a final report on June 30, 2025.
Public Purpose: The City of Waterloo finds that Grout Museum, Inc. provides the aforementioned
services to the public, which benefits the City of Waterloo by educating and enhancing the quality of life
of its citizens.
Entire Agreement: This Contract contains the entire agreement of the parties regarding the subject
matter of this Contract. There are no other promises or conditions in any other agreement whether oral
or written.
Amendment: This Contract may be modified or amended if the amendment is made in writing and signed
by both parties.
Signatures: This Contract shall be signed by Edward J. Gallagher III, President, on behalf of Grout
Museum, Inc., and representative for the City of Waterloo with effective date of July 1, 2024.
Grout Museum, Inc.
Name Date
Title
City of Waterloo
Mayor Quentin Hart Date
Title
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CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Noel Anderson, Community Planning and Development Director
Planning & Zoning Department
MEETING DATE
July 29, 2024
AGENDA ITEM TITLE
Resolution approving a Professional Services Agreement with Main Street Waterloo, in the amount of
$66,000.00, for Fiscal Year 2025, and authorizing the Mayor and City Clerk to execute said
document.
RECOMMENDED COUNCIL ACTION
approval
SUMMARY STATEMENT AND BACKGROUND INFORMATION
Main Street Waterloo has been funded by the City of Waterloo in recent years through a professional
services agreement. The proposed agreement for Fiscal Year 2025 is effectively the same as the
agreement approved last year, except for an increase in the contract amount from $60,000 to
$66,000.
NEIGHBORHOOD IMPACT
When the Main Street Program was started in the City of Waterloo, there was a Self Supported Municipal
Improvement District (SSMID) which paid for Main Street's annual contract. The SSMID was discontinued a
number of years back. To keep the Main Street Program going in Downtown Waterloo, the City of Waterloo
started to pay an annual amount of $40,000 for the program under a services contract. In past years Main
Street had also requested and were approved for an additional $10,000 that was paid out of Hotel/Motel Tax
discretionary fund. The last several years it was requested and approved to fund the program at $60,000, and
the reference to an additional payment of $10,000 from Hotel/Motel Tax discretionary fund wording was
removed from the agreement. Although Main Street Waterloo would still potentially be eligible to apply for
grants under the Hotel/Motel Tax discretionary fund. This year the agreement is proposed to be the same as
last year, except for the total amount is proposed at $66,000, a $6,000 increase.
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
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Downtown TIF and bond funds.
ALTERNATIVE ACTION
LEGAL DESCRIPTION
ATTACHMENTS
1. Main St Professional Services Agreement FY25
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2024, by
and between Main Street Waterloo, whose address for the purposes of this agreement shall be
512 Mulberry Street, Waterloo, Iowa 50703 (referred to as the "Client"), and the City of
Waterloo (referred to as the "City").
WHEREAS, City desires to engage the services of Client to furnish technical and
professional assistance in connection with the redevelopment of downtown Waterloo and
including, but not limited to, implementing the "Downtown Urban Renewal Plan"; and the Client
has indicated its willingness to provide such technical and professional services to the City.
NOW, THEREFORE, the parties mutually agree as follows:
A. Scope of Client Services
The Client agrees to perform in a good professional manner the "services outlined
in Attachment "A"; a copy of which is attached and made a part of this
Agreement.
B. Materials to be Provided by the City
In the event that any information, data, reports, records and maps exist, are
available to the City, and may be useful for Client's carrying out the services of
the Agreement, these materials shall be promptly furnished to the Client without
its cost or expense.
C. Meetings and Reports
Upon reasonable notice, the client agrees to attend a reasonable number of
meetings with the City of Waterloo, and staff during the life of the Agreement. In
addition, the Client will produce reports, studies and memorandums in connection
with carrying out the services outlined in the Agreement with the City.
D. Subcontractors
Client may elect to use subcontractors to perform certain portions of the services.
Client shall remain responsible for all services.
E. Changes
Any changes in this Agreement, including Scope of client Services and any
modification of the amount of compensation, shall be first mutually agreed upon
by City and Client and incorporated into a written amendment.
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Page Two
Professional Services Agreement
F. Compensation and Payment Method
For services to be rendered under this Agreement, the City shall pay Client's fee
of $66,000 during the City's Fiscal year 2025, which commences July 1, 2024 and
runs through June 30, 2025. Payments shall be made on or by July 31 in the
amount of $33,000 and by Jan 31 in the amount of $33,000 of the respective
year(s) in which said payment is due upon presentation of an invoice by client.
G. Time of Performance and Delays beyond Client's Control
The services of the Client shall begin upon receipt of an executed copy of this
Agreement, and shall, except for causes beyond Client's control, be completed in
a timely manner The completion of services by client shall be contingent, among
other things, upon the timely receipt from the City, data and reports described in
Paragraph B above. Further, the Client shall not be in default by reason of any
failure in terms, if such failure arises out of reasonable causes beyond the control
and without the fault or, negligence of the Client. Such causes may include, but
are not limited to, acts of government in its sovereign capacity, fires, floods,
epidemics, strikes and unusually severe weather. This agreement shall begin
upon receipt of an executed copy of this Agreement, and shall terminate June 30,
2025.
H. Non-discrimination
Client agrees not to discriminate by reason of age, race, religion, color, sex,
natural origin, or handicap unrelated to the duties of a position of applicants for
employment or employees as to terms of employment, promotion, demotion or
transfer, recruitment, layoff or termination, compensation, selection for training,
or participation in recreational and educational activities.
Extra Work
If requested and authorized in writing by the City and approved by Client, Client
will be available to furnish or obtain from others extra work and be compensated
for said work beyond the lump sum amount fixed in Paragraph F above. Extra
work can be work of the following type:
1. Extra Work, including, but not limited to changes in size, complexity, or
character of the work items.
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Page Three
Professional Services Agreement
2. Additional or extended services including study administration due to:
a) the prolongation of the Agreement time through no fault of Client
b) the acceleration of work schedule involving services beyond normal
working hours; or
c) nondelivery of any materials, data or other information to be
furnished by the City or others not within the control of Client
3. Other additional services requested and authorized by the City which
are not otherwise provided for under this Agreement. The fee for any extra
work shall be mutually determined by the City and the client and incorporated
in written signed amendment to the Agreement, approved by Main Street
Waterloo and the Waterloo City Council.
J. Notices
All notices, communication and/or demands given pursuant hereto shall be in
writing and shall be deemed sufficient if sent by certified mail, return receipt
requested, addressed as set forth in the first paragraph hereto. The date of mailing
shall be deemed the date of service. Either party may change the address for
notice by the aforesaid procedure.
K. Entire Agreement
This agreement and the matter expressly referred to herein constitute the entire
Agreement between the parties. No representations, warranties, undertakings or
promises have been made by either, party hereto unless expressly stated herein.
All amendments hereto, if any, shall be in writing and executed by the parties.
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Page Four
Professional Services Agreement
IN WITNESS WHEREOF, Client and City have executed and delivered this Agreement all on
the date first above written.
CLIENT CITY
MAIN STREET WATERLOO CITY OF WATERLOO =
Witness:: t /7,tizi at,
Date: Le - IL. Z0214-
By:
Quentin Hart, Mayor
Witness:
Date:
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ATTACHMENT "A"
Scope of Client Services
A. Implement the Main Street Waterloo Program using the Four Point approach.
B. Participate in events in the Downtown area. Attend quarterly meetings with
Planning Staff and provide an annual report of those events to the City Council
including attendance and the economic impact of those events to the City.
C. Make regular business contacts during the period of this contract with a goal of
100 or more meetings. These contacts may include property owners, developers,
or business owners etc. Provide a report of these contacts on the quarterly report
to the City.
D. Work with the City on downtown development projects during this contract
period. This may include rehabilitation, new construction, or major facade
improvements etc. (sign replacements are excluded). Provide a report of these
projects on the quarterly report to the City.
E. Track the capital investment made in the downtown each year. Provide a
calculation on the increased taxable value and the number of new businesses and
employees added or lost each year. Provide a report of this information on the
quarterly report to the City.
F. Devise and implement a retail and commercial marketing program in conjunction
with existing and proposed downtown property owners and developers. Provide
an annual report of this activity to the City.
G. Coordinate the efforts of numerous Government agencies and Government
programs downtown. Provide an annual report of this activity to the City.
H. Develop a program of economic development including the conversion of upper
floors for housing and offices. Provide an annual report of this activity to the City.
I. Advise and assist with the Downtown Waterloo Riverfront Urban Renewal and
Redevelopment Plan. Provide an annual report of this activity to the City.
J. Advise, assist, and implement if appropriate, project coordination, information
gathering, and sharing of information for emergency funding revenue, programs,
etc., associated with State IEDA, Federal disaster funds, or similar funding
sources.
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