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HomeMy WebLinkAboutAECOM - PSA La Porte Road Reconstruction - 7.29.2024Contract 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. Page 1 of 42 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 Page 2 of 42 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 Page 3 of 42 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: Page 4 of 42 .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. Page 5 of 42 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. Page 6 of 42 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 Page 7 of 42 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 - Page 8 of 42 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 Page 9 of 42 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. B,�.PI/I 46,1 Y Douglas W. Schindel, PE Vice President ATTEST: By Kimberley Smith City of Waterloo Date: Date: July 19, 2024 July 19, 2024 By Quoin Sri gSIGD pate: 7/29/2024 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. Page 10 of 42 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) Page 11 of 42 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) Page 12 of 42 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) Page 13 of 42 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. Page 14 of 42 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) Page 15 of 42 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. Page 16 of 42 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 Page 17 of 42 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. Page 18 of 42 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. Page 19 of 42 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 $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 Division II $109,700.00 $14,100.00 $11,000.00 $134,800.00 Division III Total $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 $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 $27,600.00 $330,000.00 Page 20 of 42 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 Page 21 of 42 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 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 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 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 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 • L 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 PreumntDetign 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 IL 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) 72 Plan and Profile Sheets (D and E Sheets) 73 Removal Sheets (DR Sheets) 6 20 16 6 16 6 50 40 74 Temporary Pavement Sheets (F Sheets) 75 Geometric Layout Sheets (6 Sheets) 20 18 10 20 30 40 100 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 24 20 20 82 132 366 80 40 120 2 71 122 166 33 36 120 33 36 370 269 72 100 180 488 Page 26 of 42 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 3.1 Staff 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, ar—....fflerertings I 111111111111111. 6 20 III 40 12 Milli 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-let-tmg Activities (Phase 2 & 3) 20 20 80 10 130 115 Project Admnstration 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 48 883 642 3,720 1,766 2,325 1,326 0 245 436 11,825 116 Preliminary Landscaping Design and Sheets (I Sheets) (Completed by RITLANDAUIPER) 12 12 117 Preliminary Aesthete 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 Aesthete 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 I - (RAISE and Lam! Fu og)- Total11 1 356 1561 1 1 1 16 1 012 DIVISION III - (Local Funding) Preliminary Final Fiber Design Pha 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 '''""IIIIIIIIP RAISE Grant Augment Baseline Report "williiiiiiiiiiM 8 8 4 .....iumillIllIllIlIllIllb. 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 70 432 92 889 1,068 4,048 2,206 2,325 1,326 0 245 460 13,161 Page 27 of 42 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 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 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 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 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 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 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 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 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 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 19 day of July 2024 (month) (year) Page 37 of 42 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. July 19, 2024 Douglas W. Schindel, PE Date Vice President Page 38 of 42 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. Ottertan 914 Signature 7/29/2024 Date Page 39 of 42 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 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 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