HomeMy WebLinkAboutSnyder and Associates-Professional Services Agreement-11.23.2009 Attachment D to I.M. 3.305
August 29, 2006
Iowa DOT Project No. STP-U-8155(715)-70-07
Owner Project No. [number]
Professional Services Agreement
Ridgeway Ave and LaPorte Rd Intersection Improvements
This is an AGREEMENT, made as of the ( day of Nrie J K.4/ in the year X1 ;
by and BETWEEN the City of Waterloo identified as the Owner;
City of Waterloo
Engineering Department
715 Mulberry Street
Waterloo, Iowa 50703
and the Consultant;
Snyder and Associates
5005 Bowling Street SW Suite A
Cedar Rapids, IA 52404
for the following Project:
The Owner has decided to improve the work described as Ridgeway Ave and LaPorte Rd Intersection
Improvements in accordance with the current Statewide Transportation Improvement Program. It has been
determined that the Owner shall proceed with the preparation of final design, plans, specifications and estimates
for the improvements, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa
DOT) and the Federal Highway Administration (FHWA) (when applicable).
The Owner desires to employ the Consultant to provide preliminary survey and engineering services in
connection with the design and preparation of plans, specifications and estimates for the improvements. The
Consultant is willing to perform such engineering work in accordance with the terms hereinafter provided and
warrants that it is in compliance with Iowa statutes relating to the licensure of professional engineers.
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Attachment D to I.M. 3.305
August 29, 2006
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
2 Scope Of Services And Other Special Terms And Conditions
2.1 Enumeration of Parts of the Agreement
3 Form of Compensation
3.1 Method of Reimbursement
3.2 Subconsultant
4 Terms And Conditions
4.1 Ownership of Engineering Documents
4.2 Revision of Plans
4.3 Extra Work
4.4 Progress Meetings
4.5 Additional Plans
4.6 Termination of Agreement
4.7 Extension of Time
4.8 Mediation
4.9 Arbitration
4.10 Responsibility for Claims and Liability
4.11 Non-Raiding Clause
4.12 General Compliance with Laws
4.13 Subletting, Assignment or Transfer
4.14 Forbidding Use of Outside Agents
4.15 Consultant's Endorsement on Plans
4.16 Compliance with Title 49, Code of Federal Regulations
4.17 Access to Records
4.18 Iowa DOT and Federal Highway Administration Participation
4.19 Severability
4.20 Choice of Law and Form
Attachment A- Scope of Services
Attachment B - Specifications
Attachment C - Fees and Payments
Attachment D -Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Attachment E -Certification of Consultant
Attachment F - Certification of Owner
Attachment G -Sample Invoice Form
Attachment H —Consultant Fee Proposal
Attachment I -Schedule
Attachment J —Insurance
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Attachment D to I.M. 3.305
August 29, 2006
ARTICLE 1 INITIAL INFORMATION
This Agreement is based on the following information and assumptions.
1.1 Project Parameters
The objective or use is:
The project includes roadway improvements to connect Ridgeway Ave and LaPorte Rd.
1.2 Financial Parameters
1.2.1 The financial parameters are;
Amount of the Owner's budget for the Consultant's compensation is:
$49,308
1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is:
Zero
1.3 Project Team
1.3.1 The Owner's Designated Representative identified as the Contract Administrator is:
Jeff Bales, Associate 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:
Darin Ligtenberg, P.E., Project Manager
1.3.3 The subconsultants retained at the Consultant's expense are:
NONE
1.4 Time Parameters
1.4.1 Date to Proceed: Consultant is to begin work under this Agreement upon receipt of a written notice to
proceed from the Owner.
1.4.2 Preliminary design plans including type/size/location for all structures (preliminary design) [and detail
elements for a design public hearing and construction right-of-way needs] shall be completed and
accepted on or before January 20, 2009 or 20 calendar days after receiving the notice to proceed
(whichever is greater).
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.
1.4.4 Final design, contract plans and specifications and estimates shall be completed and accepted on or
before March 24, 2009 or 60 calendar days after receiving the notice to proceed with final design
(whichever is greater).
ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
2.1 Enumeration of Parts of the Agreement. This Agreement, including its attachments, represents the
entire and integrated agreement between the 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 the Owner, Consultant, Iowa DOT, and the FHWA(if applicable).
This Agreement comprises the documents listed below.
2.1.1 The work to be performed by the Consultant under this Agreement shall encompass and include all
detail work, services, materials, equipment and supplies necessary to prepare and deliver the scope of
services provided in Attachment A.
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Attachment D to I.M. 3.305
August 29, 2006
2.1.2 All services herein required and provided shall be in conformity with the applicable Iowa DOT
Standards, Design Guides and Specifications and Title 23, Code of Federal Regulations, Part 625, as
outlined in Attachment B. In addition, applicable sections of the U.S. Department of Transportation
Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications and
estimates.
2.1.3 Other documents as follows:
.1 Fees and Payments—Attachment C
.2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Attachment D
.3 Certification of Consultant-Attachment E
.4 Certification of Owner-Attachment F
.5 Sample Invoice Form -Attachment G
.7 Consultant Fee Proposal -Attachment H
.8 Schedule -Attachment I
.9 Insurance -Attachment J
ARTICLE 3 FORM OF COMPENSATION
3.1 Method of Reimbursement
3.1.1 For the Consultant's services as described under Article 2, compensation shall be computed in
accordance with a cost plus fixed fee compensation method, as defined in Attachment C.
3.2 Subconsultant
3.2.1 The Consultant shall require the subconsultants (if applicable) to notify them if they at any time
determine that their costs will exceed their estimated actual costs. The Consultant shall not allow the
subconsultants to exceed their estimated actual costs without prior written approval of the 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 unless the Contract
Administrator has given prior written approval and the Iowa DOT and the FHWA(when applicable)
concurs.
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 al 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. All electronic files will be submitted to the Owner by the
Consultant on CD or other mutually agreed upon medium. 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
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Attachment D to I.M. 3.305
August 29, 2006
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 Revision of Plans
4.2.1 Drafts of work products shall 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 age-icies 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".
4.2.2 In the event that the work product prepared by the Consultant is found to be in error and revision or
reworking of the work product is necessary, the Consultant agrees that it shall do such revisions
without expense to the 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 during
construction. 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.
4.2.3 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
4.3.
4.3 Extra Work
4.3.1 If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of
this Agreement, and constitutes "Extra Work", it shall promptly notify the Contract Administrator in
writing to that effect. In the event that the Contract Administrator determines that such work does
constitute"Extra Work", 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. Unless written approval for"Extra
Work" has been secured in advance from the Contract Administrator, and the Iowa DOT and the
FHWA(when applicable) concurs, no claims will be allowed. However, the Owner shall have benefit of
the service rendered.
4.4 Progress Meetings
4.4.1 From time to time as the work progresses, conferences will be held at mutually convenient locations at
the request of the 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 Plans
4.5.1 At the request of the Contract Administrator, the Consultant shall furnish sufficient prints of plans or
other data in such detail as may be required, for the purposes of review of details and for plan-in-hand
and field check inspections.
4.6 Termination of Agreement
4.6.1 In the event of the death of any member or partner of the Consultant's firm, the surviving members
shall complete the work, unless otherwise mutually agreed upon by the Owner and the survivors.
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Attachment D to I.M. 3.305
August 29, 2006
4.6.2 The right is reserved by the Owner to terminate this Agreement at any time upon not less than thirty
(30) days' written notice to the Consultant.
4.6.3 In the event the Agreement is terminated by the 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. The portion of the fixed fee shall be based on the ratio of the actual costs incurred to the
estimated actual costs contained in Attachment C. Actual costs to be reimbursed shall be determined
by audit of such costs to the date established by the Contract Administrator in the termination notice,
except that actual costs to be reimbursed shall not exceed the Estimated Actual costs, plus any
authorized contingency.
4.6.4 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the
Consultant shall be paid only for work satisfactorily performed and delivered to the Contract
Administrator up to the date established by the termination notice. After audit of the Consultant's
actual costs to the date established by the Contract Administrator in the termination notice and after
determination by the Contract Administrator of the amount of work satisfactorily performed, the
Contract Administrator shall determine the amount to be paid to the Consultant.
4.6.5 The right is reserved by the Owner to suspend 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 paragraph 4.6.3 above.
4.6.6 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.
4.6.7 This Agreement will be considered completed when the construction of the project has progressed
sufficiently to make it clear that the construction can be completed without further revisions in that work,
or if the Consultant is released prior to such time by written notice from the Contract Administrator.
4.7 Extension of Time
4.7.1 The time for completion of each phase of this Agreement shall not be extended because of any delay
attributed to the Consultant, but may be extended by the Contract Administrator in the event of a
delay attributed to the Owner or the Contract Administrator, or because of unavoidable delays
caused by an act of God, war, government actions, or similar causes beyond the reasonable control of
the Consultant.
4.8 Mediation
4.8.1 In an effort to resolve any conflicts that arise during the design or construction of the project or following
the completion of the project, the Owner and the Consultant agree that all disputes between them
arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the
parties mutually agree otherwise. The Owner and the Consultant further agree to include a similar
mediation provision in all agreements with independent contractors and Consultants retained for the
project and to require all independent contractors and Consultants also to include a similar mediation
provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained,
thereby providing for mediation as the primary method for dispute resolution between the parties to
those agreements.
4.9 Arbitration
4.9.1 In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of
the services under this Agreement in accordance with Paragraph 4.8, then such disputes shall be
settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and pursuant to
the arbitration procedures set out in Iowa Code Chapter 679A. Any arbitration pursuant to this
paragraph or mediation pursuant 1:o Paragraph 4.8.1 shall occur in Linn County, Iowa.
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Attachment D to I.M. 3.305
August 29, 2006
4.10 Responsibility For Claims And Liability
4.10.1 The Consultant shall defend, indemnify and save harmless the Owner, the Iowa Department of
Transportation, the State of Iowa, its agencies, agents, employees and assignees and the Federal
Government from all claims and liabilities due to design error, omission or negligent act of the
Consultant, its members, agents, stockholders, or employees in connection with performance of this
Agreement.
4.11 Non-Raiding Clause
4.11.1 The Consultant shall not engage the services of any person or persons, then in the employment of the
Owner, for work covered by this Agreement without the written consent of the employer of such person.
4.12 General Compliance With Laws
4.12.1 The Consultant shall comply with all Federal, State and Local laws and ordinances applicable to the
work.
4.13 Subletting, Assignment Or Transfer
4.13.1 Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is
prohibited unless written consent is obtained from the Contract Administrator and the Iowa DOT and
the FHWA(when applicable) concurs.
4.14 Forbidding Use of Outside Agents
4.14.1 The Consultant warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it
has not paid or agreed to pay any company or person, other than bona fide employees working solely
for the Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, the Owner shall have tie right to annul the Agreement without liability, or in its discretion to
deduct from the Agreement price or consideration or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, or counterpart fee.
4.15 Consultant's Endorsement On Plans
4.15.1 The Consultant shall endorse the completed computations prepared under this Agreement, and shall
affix thereto the seal of a licensed professional engineer or architect, licensed to practice in the State of
Iowa, in accordance with the current Code of Iowa.
4.16 Compliance With Title 49, Code Of Federal Regulations
4.16.1 During the performance of this Agreement, the Consultant and its assignees and successors in
interest agree as follows:
4.16.1.1 Compliance with Regulations
4.16.1.1.1 The Consultant will comply with l:he regulations of the U.S. Department of Transportation, relative to
nondiscrimination in federally assisted programs of the U.S. Department of Transportation (Title 49,
Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein
incorporated by reference and made a part of this Agreement.
4.16.1.2 Nondiscrimination
4.16.1.2.1The Consultant, with regard to the work performed by it, will not discriminate on the grounds of race,
religion, age, physical disability, color, sex or national origin in the selection and retention of
subconsultants, including procurement of materials and leases of equipment. The Consultant will not
participate, either directly or indirectly, in the discrimination prohibited by Section 21.5 of the
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Attachment D to I.M. 3.305
August 29, 2006
Regulations, including employment practices when the Agreement covers a program set forth in the
Regulations.
4.16.1.3 Solicitation for Subconsultants, ncluding Procurement of Materials and Equipment
4.16.1.3.1 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be
performed under a subcontract, including procurement of materials or equipment, each potential
subconsultant or supplier shall be notified by the Consultant of the Consultant's obligation under this
contract and the regulations relative to nondiscrimination on the grounds of race, religion, age, physical
disability, sex, or national origin.
4.16.1.4 Disadvantaged Business Enterprises
4.16.1.4.1 The Consultant or its subconsultants agree(s)to ensure that disadvantaged business enterprises
(DBEs) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance
of contracts and subcontracts 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. The Consultant and
their subconsultants shall not discriminate on the basis of race, religion, age, physical disability, color,
sex or national origin in the award and performance of U.S. DOT assisted contracts. If, as a condition
of assistance, the Iowa DOT has submitted to the U.S. DOT, or the Consultant has submitted to the
Iowa DOT, and the U.S. DOT or Department has approved a disadvantaged business enterprise
affirmative action program which the Iowa DOT and/or Consultant agrees(s) to carry out, this
program(s) is incorporated into this Agreement by reference. This program shall be treated as a legal
obligation and failure to carry ou: its terms shall be treated as a violation of this financial assistance
agreement.
Upon notification to the Consultant of its failure to carry out the approved program, the Owner, the
Iowa DOT, and/or the U.S. DOT shall impose sanctions, which may include termination of the
Agreement or other measures that may affect the ability of the Consultant to obtain future U.S. DOT
financial assistance. The Consultant or any of its subconsultants are hereby advised that failure to
fully comply with the Iowa Department of Transportation's DBE Program shall constitute a breach of
contract and may result in termination of this Agreement or agreement(s) by the Owner or such remedy
as the Owner deems appropriate. Refer to Article 4.6 of the Agreement.
4.16.1.5 Information and Reports
4.16.1.5.1 The Consultant will provide all information and reports required by the regulations, orders and
instructions issued pursuant thereto, and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Owner, the Iowa DOT, or the
FHWA, to be pertinent to ascertain compliance with regulations, orders and instructions. Where any
information required of a Consultant is in the exclusive possession of another who fails or refuses to
furnish this information, the Consultant shall so certify to the Owner, the Iowa DOT, or the FHWA, as
appropriate, and shall set forth what efforts it has made to obtain information.
4.16.1.6 Sanctions for Noncompliance
4.16.1.6.1 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:
...1.6.1.1 Withholding of payments to the Consultant under the Agreement until the Consultant complies, and/or
...1.6.1.2 Cancellation, termination or suspension of the Agreement, in whole or in part.
4.16.1.7 Incorporation of Provisions
4.16.1.7.1 The Consultant will include the provisions of Article 4.16.1.1 through 4.16.1.6 of this Agreement in
every subagreement, including procurements of materials and lease of equipment, unless exempt by
the regulations, orders or instruct ons issued pursuant thereto. The Consultant will take such action
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Attachment D to I.M. 3.305
August 29, 2006
with respect to any subagreement or procurement as the Owner, Iowa DOT, or FHWA may direct as a
means of enforcing such provisions, including sanctions for noncompliance; 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, the Iowa DOT, or the
Untied States to enter into such litigation to protect the interests of the Owner, the Iowa DOT, and the
Unites States, respectively.
4.17 Access To Records
4.17.1 The Consultant is to maintain all books, documents, papers, accounting records and other evidence
pertaining to this Agreement and to make such materials available at their respective offices at all
reasonable times during the agreement period, and for three years from the date of final payment under
the Agreement, for inspection and audit by the Owner, Iowa DOT, FHWA, or any authorized
representatives of the Federal Government; and copies thereof shall be furnished, if requested.
4.18 Iowa DOT and Federal Highway Administration Participation
4.18.1 The work under this Agreement shall be contingent upon and subject to the approval of the Iowa DOT
and the Federal Highway Administration (if applicable). The Iowa DOT and the Federal Highway
Administration 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.
4.19 Severability
If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such
adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part
thereof not adjudged invalid or unconstitutional.
4.20 Choice of Law and Form
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 Linn County District Court for the State of Iowa,
Cedar Rapids, 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.
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Attachment D to I.M. 3.305
August 29, 2006
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials
thereunto duly authorized as of the dates below indicated.
Snyder nd Associates /
Date: /11DU. 2 4/ , 20�9
David A. Stoklasa
Office Manager
City of Waterloo
.. l� Date: AvopillAr ,
Tim Hurley
Mayor
Iowa Department of Transportation
Accepted for FHWA Authorization*
By: Date:
Robert Welper
Local Systems Engineer
Iowa DOT District 2
*The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating
the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds.
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Attachment D to I.M. 3.305
August 29, 2006
ATTACHMENT A
Scope of Services
DESIGN SERVICES
The Engineer shall provide Design Services, as required for the design of a new intersection at the corner
of Ridgeway Ave and LaPorte Rd.
Data Collection and Design Layout—The Engineer will perform a topographic survey and establish
existing utility locations via the Iowa One-Call system. Base mapping is anticipated to be aerial
photography via the Black Hawk County GIS.
Preliminary Plans—The Engineer will prepare designs of proposed improvements and include the
following in a set of Preliminary Plans (50%) based on the City supplied conceptual design layout.
• Typical details for associated work items
• Plan view identification and location of improvement items
• Grading plans
• Plan and Profile of Roadway
• Preliminary construction and removal limits
• Preliminary bid item and quantities
• Typical details for erosion control
• ROW will be shown per the Black Hawk County Auditor GIS database. Easement plats are not
included.
Check Plans—The Engineer will prepare a set of Check Plans (90%) plans that incorporate Preliminary
Plan comments from the City and I DOT. The plans shall include the following:
• Estimated quantities and estimate reference notes
• Signage plan
• Traffic Signal Improvements (design provided by the City)
• Special details for specific construction
• Typical Construction Staging and Traffic Control details
• Estimate Reference and Quantities in accordance with IDOT Standard Specifications
Final Plans- Final Plan Preparation will commence upon review and comment of the Check Plans and
Specifications by the City and the Iowa DOT. The Final Plans will be submitted for use in an IDOT letting.
SWPPP& IDNR permits—The Engineer will prepare an Erosion Control Plan and shall provide a
Stormwater Pollution Prevention Plan (SWPPP) in accordance with the IDNR guidelines and will assist
the City in securing a NPDES permit for the project.
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Attachment D to I.M. 3.305
August 29, 2006
ATTACHMENT B
Specifications
A. Road Plans
Current Highway Divisions Road Design Manual and applicable sections of the Federal Aid Policy Guide
(FAPG) shall be used as a guide in preparation of plans, specifications and estimates.
1. Any Special Provisions required in addition to the Standard Specifications of the State will be
furnished by the Consultant.
2. Road plans shall include all pipe culvert plans.
3. All property owners' names shall be shown on the plan and the limits of their holdings. A preliminary
right-of-way layout shall be submitted to the Owner, showing all "need" distances and proposed
right-of-way lines.
4. The Consultant shall indicate all proposed right-of-way lines, encroachments, etc., on the final
construction plans. Station and distance from centerline to all breaks in right-of-way line shall be
shown.
5. When final plans are submitted for approval, they shall be accompanied by a bound set of
computations supporting the quantity estimates, and hydraulic design.
B. Erosion Control Items
The Consultant shall furnish the following erosion control item quantities:
1. Estimated stabilizing crop seeding and fertilizing; this includes the surface area inside the right-of-way
plus easements, minus the roadway.
2. The Consultant will review the project plans with regard to the erosion control items and will provide
the seed mixtures and fertilizer rates.
C. Right-of-Way Layout
It shall be the responsibility of the Consultant to perform the following functions in order to complete the
right-of-way phase of the project contract:
1. To prepare a set of right-of-way plans showing the following:
a. The temporary easements necessary for the construction of the project.
b. All property lines, known section and 1/4 section lines, and in urban areas City sub-divisions,
Blocks and lot lines and lot and Block numbers.
c. All existing right-of-way for State highways and City streets.
d. The parcels should be numbered numerically and both parcel number and the names of all fee
owners and/or contract purchasers should be placed on the plans within the limits of the property
as plotted on the plans.
D Miscellaneous Provision
The following miscellaneous provision shall apply to the work to be performed and the Engineering
services to be furnished under this Agreement:
1. Owner Responsibility: The Owner will provide the following:
a. Electronic files for use in preparing special provisions to be included in the project contract
documents.
b. Information pertaining to the horizontal and vertical control for the project.
c. Aerial topographic mapping for the project area at a scale of 1 inch = 100 feet with 2-foot contour
intervals.
d. Photocopies of sewer utility records, water utility records, storm sewer utility records,
miscellaneous utility records, as available, and record drawings for adjacent improvements from
the Owner.
e. Meeting with Consultant to provide update on concept design and constraints.
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Attachment D to I.M. 3.305
August 29, 2006
ATTACHMENT C (referenced from 3.1)
Fees and Payments—Cost Plus Fixed Fee
3.1.1 FEES AND PAYMENTS
3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the
terms of this Agreement, the Consultant shall be paid fees on a cost plus fixed fee basis and payment
of this amount shall be considered as full and complete compensation for all work, materials and
services furnished under the terms of this Agreement. The maximum amount of the cost plus fixed fee
shall be $ 49,308. The estimated staff hours and fees are shown in this attachment.
The cost plus fixed fee amount will not be changed unless there is a substantial change in the
magnitude, scope, character, or complexity of the services from those covered in this Agreement. Any
change in the cost plus fixed fee amount will be by Supplemental Agreement.
3.1.1.2 Reimbursable Costs. Reimbursement of costs is limited to those that are allowable under the
provisions of Title 48, Subchapter E, Section 31.105 and Subpart 31.2 of the current Federal
Acquisition Regulation.
3.1.1.3 Premium Overtime Pay. Not applicable.
3.1.1.4 Payments. Monthly payments for work completed shall be based on the work completed and
substantiated by monthly progress reports.
Upon completion, delivery, and acceptance of all work contemplated under this Agreement, the
Consultant shall submit one complete invoice statement for the balance of the cost plus fixed fee.
Payment of 100% of the total cost claimed will be made upon receipt and review of such claim. The
Consultant agrees to reimburse the Owner for possible overpayment determined by final audit.
Page 13 of 21
•
Attachment D to I.M. 3.305
August 29, 2006
ATTACHMENT D
Certification Regarding Debarment, Suspension, and other Responsibility Matters
—Primary Covered Transactions
Instructions for Certification
By signing and submitting this proposal, the prospective primary participant is providing the certification set out
below.
1. 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.
2. 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 of default.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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 14 of 21
Attachment D to I.M. 3.305
August 29, 2006
Certification Regarding Debarment, Suspension, and other Responsibility Matters
— Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State Antitrust statues or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;
and
(d) Have not within a three-year period preceding this application /proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
State of Iowa
Linn County
I, David A. Stoklasa, Office Manager of Snyder&Associates, Inc., 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.
/0e2,11,776r-'
(signature)
Subscribed and sworn to this 2 day of /tipV. , 1009.
Page 15 of 21
Attachment D to I.M. 3.305
August 29, 2006
ATTACHMENT E
Certification of Consultant
I hereby certify that I, David A. Stoklasa am the Office Manager and duly authorized representative of the firm of
Snyder and Associates, Inc., whose address is 5005 Bowling St SW, Cedar Rapids, IA 52404, and that neither I
nor the above firm here represented 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.
(signature)
Made this 2 5F 14 day of /Jail , Z�9,
Page 16 of 21
Attachment D to I.M. 3.305
August 29, 2006
ATTACHMENT F
Certification of Owner
I hereby certify that I, Tim Hurly, am the Mayor and the duly authorized representative of the Owner, and that the
above consulting firm or its 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 the Iowa DOT 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 arid Federal laws, both criminal and civil.
s--
lc. 947710
(signature
Made this �, day of J\i Ai CV-tvvt,ber ,
Page 17 of 21
Attachment D to I.M. 3.305
August 29, 2006
ATTACHMENT G
Page 1
Consultant Name
Consultant Address
Consultant Address
Cost Plus Fixed Fee Invoice
Date
Invoice No. Client Project No.
Invoice Period Covered County
Consultant Job No. Client Project Description
Client Contract No.
Direct Labor Cost Amount
Overhead Cost Amount
Fixed Fee Amount
Total
Less Amount Previously Billed
Total Current Bill
Subconsultants
Name
Name
Name
Total
Page 18 of 21
' FEE ESTIMATE Attachment H
- Estimate of Hours Consultant Fee Proposal
Ridgeway&LaPorte Rd
Waterloo,Iowa
�**Mp-anager SrTrafficEng En ineer Technician SURVEY
Senior Project Senior Project Engineer Senior Technician Clerical Direct Labor
.,. _ Engineer Engineer III Technician VI Total
I. Project Administration
Internal Coordination 3 1.5 1.5 4 10
Project Review and Invoicing 6 6
Project Review Meetings 2 6 2 10
Utility Coordination 2 2 3 1 8
Project Status Reports/Meeting 3 6 9
TOTAL HOURS 32.69 15.5 4.5 1 0 6 59.69
x Rate $48.08 $51.20 $33.89 $32.69 $22.25 $16.50
TOTAL $1,572.00 $794.00 $153.00 $33.00 $0.00 $99.00 $2,651.00
II. Topographic Survey and Base Mapping
Design Survey 1 4 40 45
Boundary Survey 1 2 4 7
CADD Base Mapping 1 4 2 7
Survey Control 2 2 4
TOTAL HOURS 0 0 3 12 48 0 63
x Rate $48.08 $51.20 $33.89 $32.69 $22.25 $16.50
TOTAL $0.00 $0.00 $102.00 $392.00 $1,068.00 $0.00 $1,562.00
III. Preliminary Design
Traffic Counts&Analysis 1 8 8 17
Conce.t Evaluation 1 7 8 8 24
Roadway Plans&Profiles 2 10 10 22
Grading Plans 1 4 4 9
Typical Sections 1 4 4 9
Construction&Removal Limits 4 4 8
Traffic Signal Plan p
TS&L Storm Sewer 1 6 4 11
Right of Way/Easement Design 1 2 4 7
Utilities/Driveways Investigation 4 8 12
Traffic Control Plan 2 4 4 10
Construction Staging Plan 2 3 3 8
Erosion Control Plan 1 2 3 6
Water Main 0
Quantities/Cost Opinion 2 4 4 4 14
TOTAL HOURS 15 15 63 52 8 4 157
x Rate $48.08 $51.20 $33.89 $32.69 $22.25 $16.50
TOTAL $721.00 $768.00 $2,135.00 $1,700.00 $178.00 $66.00 $5,568.00
IV. Final Design
Roadway Plans&Profiles 2 12 12 26
Right of Way Plans 1 _ 2 2 5
Typcial Sections and Details 4 4 8
Storm Sewer/Utility Crossings 1 4 6 11
Traffic Signal Plan 0
Traffic Control Plan 4 6 4 14
Erosion Control Plan/SWPPP 2 2 4
Striping/Signage Plan 2 2 4
Construction Staging Plan 2 6 8 16
Intersection Details 2 4 4 10
Estimate Reference 4 12 3 9 28
Water Main 0
Removal Limits 1 4 4 9
m ra4-
Final Quantities/References/Cost Opinion 2 6 8 8 24
Plan Modifications 1 6 15 22
Estimate Reference 2 6 8
PDC 1 3 4
0
TOTAL HOURS 23 0 79 74 0 17 193
x Rate $48.08 $51.20 $33.89 $32.69 $22.25 $16.50
TOTAL $1,106.00 $0.00 $2,677.00 $2,419.00 $0.00 $281.00 $6,483.00
V.BID PERIOD NI.CONST.NII.POST CONST.
Bid Solicitation 0
Plan Clarification/Addenda 5 5 4 14
Rec.to award/Budget Analysis 0
Pre-construction Meeting 0
Final Assessment Plat&Schedule 0
TOTAL HOURS 5 0 5 4 0 0 14
x Rate $48.08 $51.20 $33.89 $32.69 $22.25 $16.50
TOTAL $240.00 $0.00 $169.00 $131.00 $0.00 $0.00 $540.00
TOTAL HOURS 75.69 30.5 154.5 143 56 27 486.69
Direct Labor $16,804
Payroll&Overhead 152.83% $25,682
Total Direct Labor&Overhead $42,486
Expenses $450
Fixed Fee 15% $6,373
Total Estimated Fee $49,308
J:1Proposar2001Camp Cardinal Road Rarisadhwatadoo bodoal(1).alsa Page 19 of 21
Attachment D to I.M. 3.305
August 29, 2006
ATTACHMENT I
Schedule
The scope of services shall be completed in accordance with the following schedule unless modified by mutual
agreement or by factors beyond the control of the Consultant
Iowa DOT Notice to Proceed December 14, 2009
Project Kick-Off Meeting December 18, 2009
Preliminary Plans January 20, 2009
Check Plans March 3, 2009
Final Plans and Project Development Certificate (PDC) March 24, 2009
Project Development Certificate March 24, 2009
Letting Date June 16, 2009
* Note: Project schedule will modify as necessary based upon date of Iowa DOT Notice to Proceed, but time
frame from said notice to letting date shall remain unchanged, except as necessary for any condemnation
proceedings.
Page 20 of 21
Attachment D to I.M. 3.305
August 29, 2006
ATTACHMENT J
Insurance
The Consultant shall furnish the Owner with a certificate or certificates of insurance by an insurance company
licensed to do business in the State of Iowa, upon which the Owner and its employees are endorsed as
additional insureds on ISO Form CG 20 26 11 85 or equivalent form, in the following limits.
General Liability $1,000,000
Automobile Liability $1,000,000
Excess Liability (Umbrella) $5,000,000
*Worker's Compensation,
State STATUTORY Coverage B
Federal STATUTORY Coverage B
Employer's Liability $2,00C,000
*Professional Liability $2,000,000
(* The Owner and its employees shall not be endorsed as additionally insureds on the items noted with an
asterisk.)
The professional liability insurance certificate shall provide for coverage on an occurrence basis with proof of
coverage for the time period of the contract provided to the Owner with each policy renewal or change.
Furthermore, the certificate(s) must clearly disclose on its face that the policy cannot be canceled or materially
altered without giving the City written notice 30 days prior to cancellation or alteration.
The Owner and its employees shall be an additional insured for all claims for damage to property owned or
leased by the City.
The Owner and its employees shall be an additional insured for all claims for bodily injury, property damage,
personal injury, or advertising injury arising out of negligent acts, omissions, recklessness or intentional acts of
any named insured.
Consultant shall not proceed with any services contained in this agreement until the insurance certificates
have been reviewed and approved by the Owner.
These certificates shall be attached to this Exhibit J, "INSURANCE", as Exhibit J.1.
Page 21 of 21
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l