HomeMy WebLinkAboutAGREEMENT FOR PROFESSIONAL SERVICES - RESOLUTION 2002-727 /Io , '7
AGREEMENT FOR PROFESSIONAL SERVICES
U.S.HIGHWAY 63 PLANNING STUDY
U.S.218 TO DONALD STREET
WATERLOO,IOWA
This Agreement, made and entered
between
hereinafte�referred to as the Consultanf aterloo, Iowa, hereinafter
referred to as the
Owner and Earth Tech,Inc.,Waterloo,
The Owner has decided to contract for consultant services for a planning study for the U.S. 63 corridor
between U.S. 218 and Donald Street in the City of Waterloo, Iowa. The study will involve an evaluation
of traffic operations along U.S. 63, evaluation of design alternatives for U.S. 63, evaluation of
neighborhood impacts and the development of neighborhood planning concepts immediately adjacent to
U.S. 63, an evaluation of environmental justice impacts and the development of an implementation plan.
A public involvement program will be included throughout the duration of the study.
The said Owner desires to employ the Consultant to provide consultant services in connection with the
planning study for the U.S. 63 corridor. The Consultant is willing to perform said services in accordance
with the terms hereinafter provided and warrants that it is in compliance with Iowa statutes relating to the
licensure of Professional Engineers.
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.
EARTH TECH,INC.
B Date December 11,2002
Y
Joe A.Becker,Vice President
CITY OF WATERLOO,IOWA
4110 Date
By
ohn R.Rooff,Mayor
IOWA DEP• ' T OF TRANSPORTATION
ACCEPTED FOR AUTHORIZATION
B /aaDate '�l`"/ -'O�j
B MVC-�l+a
James C.N, berger,P.E.
Local Systems Engineer
District 2
TABLE OF CONTENTS
Article Number and Description
1 Initial Information
1.1 Project Parameters
1.2 Project Team
1.3 Time Parameters
2 Scope of Services and Other Special Terms and Conditions
2.1 Enumeration of Parts of the Agreement
3 Form of Compensation
3.1 Method of Reimbursement
3.2 Subconsultant
3.3 Special Experts
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 Planning Documents
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 Documents
4.16 Compliance with Title 49,Code of Federal Regulations
4.17 Access to Records
4.18 Federal Highway Administration Participation
4.19 Severability
Attachment A-Scope of Services
Attachment B -Fees and Payments
Attachment C-Certification
Attachment D-Certification of Consultant
Attachment E-Certification of Owner
Attachment F-Cost Analysis
Article 1 -Initial Information
This Agreement is based on the following information and assumptions.
1.1 Project Parameters
The objective of this Agreement is to provide consultant services for a planning study for the U.S.
63 corridor between U.S. 218 and Donald Street in the City of Waterloo, Iowa. The study will
involve an evaluation of traffic operations along U.S. 63, evaluation of design alternatives for
U.S. 63, evaluation of neighborhood impacts and the development of neighborhood planning
concepts immediately adjacent to U.S. 63, an evaluation of environmental justice impacts and the
development of an implementation plan. A public involvement program will be included
throughout the duration of the study.
1.2 Project Team
1.2.1 The Owner's designated representative,identified as the Planner,is Noel Anderson.
The Planner 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 Planner and shall be subject to the Planner's approval.
1.2.2 The Consultant's designated representative is Robert Lentz.
1.2.3 The subconsultant retained at the Consultant's expense is Vandewalle&Associates.
1.2.4 Special experts retained at the Consultant's expense are:
RDG Crose Gardner Shukert,Inc.
Public Involvement Unlimited,LLC
University of Northern Iowa, Center for Social and Behavioral Research
Tallgrass Historians,LC
David J.Forkenbrock,Ph.D.
Karen Skelton,Dewey Square Group
1.3 Time Parameters
Date to Proceed: Consultant shall not begin work under this Agreement until so directed in
writing by the Owner. Consultant shall, upon receipt of said written notification to proceed,
begin work thereon. No FHWA compensation will be made for any work performed prior to the
effective date of the FHWA authorization to proceed.
Date of Completion: Consultant shall complete the services defined in this agreement within 24
months after FHWA Authorization to Proceed.
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Article 2-Scope of Services
2.1 Enumeration of Parts of the Agreement
This Agreement 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 instruments signed by both Owner and
Consultant. This Agreement comprises the documents listed below.
2.1.1 The work to be performed by the Consultant under this Agreement shall encompass and
include all detail work, services, materials, equipment and supplies necessary to prepare
and deliver the scope of services provided in Attachment A.
2.1.2 Other documents as follows:
.1 Certificate of Debarment-Attachment C
.2 Certification of Consultant-Attachment D
.3 Certification of Owner-Attachment E
.4 Cost Analysis-Attachment F
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 B.
3.2 Subconsultant
3.2.1 The Consultant shall require the subconsultants 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 Planner. The prime Consultant is cautioned that cost underruns
associated with any subconsultant's contract are not available for use by the prime
Consultant unless the Planner and Iowa Department of Transportation (IDOT) have
given prior written approval.
3.3 Special Experts
3.3.1 Special experts are to be managed by the Consultant since their services are of an
unknown level of service depending on the development of the planning study.
Compensation for special experts shall be on a unit rate basis in accordance with the fee
schedule in Attachment F.
Said fee schedule may be adjusted by the Consultant based on documentation received
from the special experts. Adjustments may include, but are not limited to, annual rate
adjustments or addition of staff classification and rates.
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3.3.2 Special experts are not subject to the conditions of Article 3.2.1.
Article 4-Terms and Conditions
4.1 Ownership of Planning Documents
4.1.1 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 Planner upon completion of the study 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
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
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 standard electronic specifications. Any changes to these standards by
either the Owner or the Consultant are subject to review and acceptance by the other
party. Additional efforts by the Consultant made necessary by a change to the standard
electronic 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 planning documents due to various revisions. In the event of
a conflict between the signed planning documents prepared by the Consultant and
electronic files,the signed planning documents shall govern.
4.1.5 The Owner may reuse or make modifications to the planning documents or electronic
files while agreeing to take responsibility for any claims arising from any modification or
unauthorized reuse of the planning documents.
4.2 Revision of Planning Documents
4.2.1 Drafts of work products shall be submitted to the Planner by the Consultant for review
and comment. The comments received from the Planner 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 Planner shall be in writing. In the event there are no comments from the
Planner or reviewing agencies to be incorporated by the Consultant into the final work
product, the Planner shall immediately notify the Consultant in writing that the work
product shall constitute "satisfactorily completed and accepted work."
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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. 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 Planner 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 Planner 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 Planner in writing to that effect. In the event that the Planner 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 Planner, 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 Planner to discuss details of the study 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 Planner, to
enable the Planner to pass judgment on the features and progress of the work.
4.5 Additional Planning Documents
4.5.1. At the request of the Planner, the Consultant shall furnish sufficient copies of planning
documents or other data in such detail as may be required, for the purposes of review of
the planning documents.
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.
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
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performed or services rendered and delivered up to the effective date of time of
termination. The value of the work performed and services rendered and delivered, and
the amount to be paid shall be mutually satisfactory to the Planner 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 B. Actual costs to be reimbursed shall be determined by
audit of such costs to the date established by the Planner in the termination notice,except
that actual costs to be reimbursed shall not exceed the estimated actual cost, 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 Planner up to the date established by the termination notice. After audit
of the Consultant's actual costs to the date established by the Planner in the termination
notice and after determination by the Planner of the amount of work satisfactorily
performed,the Planner 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 Planner
may effect such suspension by giving the Consultant written notice and will be effective
as of the date established in the suspension notice. Payment for the Consultant's services
will be made by the 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 planning documents have been
submitted to the Owner or if the Consultant is released prior to such time by written
notice from the Planner.
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 Planner in the
event of a delay attributed to the Owner or the Planner,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 planning study 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 subconsultants retained for the project and to require all independent
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contractors and subconsultants 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 shall proceed in accordance with the current Code of Iowa. If
the parties cannot agree on a single arbitrator, then the arbitrator(s) shall be selected in
accordance with the above-referenced rules.
4.10 Responsibility for Claims and Liability
4.10.1 The Consultant shall defend, indemnify and save harmless the Owner, the IDOT, the
State of Iowa, its agencies, agents, employees and assignees and the federal government
from all claims and liabilities due to 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 Planner and
approved by the Owner and the IDOT.
4.14 Forbidding Use of Outside Agents
4.14.1 The Consultant warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Consultant, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any company or person other
than bona fide employees working solely for the Consultant, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty,
the Owner shall have the right to annul the Agreement without liability, or in its
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discretion to deduct from the agreement price or consideration or otherwise recover, the
full amount of such fee,commissioning percentage,brokerage fee, or counterpart fee.
4.15 Consultant's Endorsement on Documents
4.15.1 The Consultant shall endorse applicable computations prepared under this Agreement,
and shall affix thereto the seal of a Licensed Professional Engineer, licensed to practice in
the State of Iowa,in accordance with the current Code of Iowa.
4.16 Compliance With Title 49,Code of Federal Regulations
4.16.1 During the performance of this Agreement, the Consultant and its assignees and
successors in interest agree as follows:
4.16.1.1 Compliance With Regulations
4.16.1.1.1 The Consultant will comply with the regulations of the U.S.
Department of Transportation, relative to nondiscrimination in
federally-assisted programs of the U.S. Department of
Transportation (Title 49, Code of Federal Regulations, Part 21,
hereinafter referred to as the "Regulations"), which are herein
incorporated by reference and made a part of this Agreement.
4.16.1.2 Nondiscrimination
4.16.1.2.1 The Consultant, with regard to the work performed by it, will
not discriminate on the grounds of race, religion, age, physical
disability, color, sex or national origin in the selection and
retention of subconsultants, including procurement of materials
and leases of equipment. The Consultant will not participate,
either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices
when the Agreement covers a program set forth in Attachments
D,E and F of the Regulations.
4.16.1.3 Solicitation for Subconsultants, Including Procurement of Materials and
Equipment
4.16.1.3.1 In all solicitations, either by competitive bidding or negotiation
made by the Consultant for work to be performed under a
subcontract, including procurement of materials or equipment,
each potential subconsultant or supplier shall be notified by the
Consultant of the Consultant's obligation under this contract
and the regulations relative to nondiscrimination on the grounds
of race,religion,age,physical disability, sex or national origin.
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4.16.1.4 Minority/Women Business Enterprises
4.16.1.4.1 The Consultant or it subconsultants agree(s) to ensure that
minority business enterprises as defined in 49 CFR, Part 23
Subpart D and Amendments 106(C) 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 IDOT MBE/WBE
Program to ensure minority and women 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 IDOT has submitted to U.S. DOT, or the
Consultant has submitted to the IDOT, and the U.S. DOT or
Department has approved a minority and women business
enterprise affirmative action program which the IDOT and/or
Consultant agree(s) to carry out, this program(s) is incorporated
into this Agreement by reference. This program shall be treated
as a legal obligation and failure to carry out its terms shall be
treated as a violation of this financial assistance agreement.
Upon notification to the Consultant of its failure to carry out the
approved program,the Owner 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 IDOT's MBE/WBE 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, IDOT or the Federal Highway
Administration, to be pertinent to ascertain compliance with
regulations, orders and instructions. Where any information
required of a Consultant is in the exclusive possession of
another who fails or refuses to furnish this information, the
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Consultant shall so certify to the Owner, IDOT or the Federal
Highway Administration, 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 IDOT or the Federal
Highway Administration, may determine to be appropriate,
including,but not limited to:
• Withholding of payments to the Consultant under the
Agreement until the Consultant complies, and/or
• 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 instructions issued
pursuant thereto. The Consultant will take such action with
respect to any subagreement or procurement as the Owner,
IDOT or Federal Highway Administration 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 to enter into such litigation
to protect the interests of the Owner and, in addition, the
Consultant may request the United States to enter into such
litigation to protect the interests of the United States.
4.17 Access to Records
4.17.1 The Consultant is to maintain all books, documents,papers, accounting records and other
evidence pertaining to this Agreement and to make such materials available at their
respective offices at all reasonable times during the Agreement period, and for three years
from the date of final payment under the Agreement, for inspection and audit by the
Owner,IDOT and Federal Highway Administration, or any authorized representatives of
the federal government; and copies thereof shall be furnished, if requested.
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4.18 Federal Highway Administration Participation
4.18.1 The work under this Agreement shall be contingent upon and subject to the approval of
the Federal Highway Administration if applicable. The Federal Highway Administration
shall have the right to participate in the conferences between the Consultant and the
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 adjusted 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.
L:\WORK\ADM IN\AGREE\PROF\WatUSHighway63.doc
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Attachment A
U.S.HIGHWAY 63 PLANNING STUDY
CITY OF WATERLOO,IOWA
SCOPE OF SERVICES
This project consists of a planning study for the U.S. 63 corridor between U.S. 218 and Donald Street in
the City of Waterloo, Iowa. The study will involve an evaluation of traffic operations along U.S. 63,
evaluation of design alternatives for U.S. 63, evaluation of neighborhood impacts and the development of
neighborhood planning concepts immediately adjacent to U.S. 63, an evaluation of environmental justice
impacts, and the development of an implementation plan. A public involvement program will be included
throughout the duration of the study.
The scope of services for this project includes the following activities:
1. INVENTORY AND DATA MANAGEMENT
This work element includes project inventory and data management consisting of an inventory phase,
base map compilation,review of existing community plans and ordinances, data collection and synthesis,
and the development of an inventory and analysis report.
Task 1.1 - Inventory and Data Collection. The inventory phase involves gathering various
demographic, economic, land use, and map data that will provide insight into existing conditions.
Consultant will coordinate and conduct an inventory in the Highway 63 corridor and surrounding
neighborhoods to include the following elements:
a. Population/Demographics. Historical trends in population, size, distribution, age, gender,
household size,educational levels and resident incomes.
b. Housing Trends. Historical trends in housing, including size, type, age, tenure mix, vacancy
rates,housing prices and rents compared to incomes.
c. Transportation System. Existing transportation system in the community and its immediate
vicinity, including a review of the location, capacity, traffic cross section and condition of
Highway 63; existing public transit service; bikeways and walkways. This general analysis will
also assess other arterial and collector streets that serve the neighborhoods.
d. Roadway Characteristics. Included will be existing lane configurations, sidewalk locations,
approximate right-of-way widths(from Black Hawk County tax mapping),and access locations.
e. Community Facilities. Conditions, capacity, locations, and service areas of public and private
schools, libraries, police, fire and rescue facilities, medical facilities, park and recreational
facilities,and community centers.
f. Economic Base. Existing economic activity within and near the neighborhoods, including
number and type of jobs, mix of industries and retail uses, industry and occupation of employed
residents, availability of sites for new commercial development and expansion, environmentally
contaminated sites,and local economic development efforts.
g. Land Use. Existing land uses and existing and potential land-use conflicts.
h. Traffic Counts. Included will be the collection of previous traffic counts from Iowa DOT and the
City of Waterloo and obtaining future traffic forecasts from the Iowa Northland Regional Council
of Governments(INRCOG). New traffic counts and turning movement counts are not anticipated
for this project,but will be added as a supplemental agreement,if required.
i. Traffic Crash Reports. Included will be the collection and review of traffic crash reports and
collision diagrams based on the most recent 5-year data available from the Iowa DOT.
j. Drainage and Water Service Repair Data. Includes obtaining information about recurring
drainage problems and water service repairs from City departments.
Task 1.2 - Base Mapping. Consultant will compile existing mapping data from the City, County, State
of Iowa and federal sources to produce a base map for corridor area, which will be used to produce maps
for analysis. It is not anticipated that new aerial photography or field surveys will be completed. The
City of Waterloo will be responsible for obtaining the rights to use the Black Hawk County digitized
aerial photography and the electronic property line and ownership information for the study area.
Task 1.3 - Database and GIS System. A database will be developed to organize and manage the data
for this project. Portions of the data are also anticipated to be organized into a GIS system.
Task 1.4 - Review of Existing Community Plans and Ordinances. Consultant will evaluate existing
state and regional plans and studies that impact the growth and development of the corridor, including
relevant studies from MOT, and other state and federal agencies. Consultant will review City plans,
including the Land Use Plan, the Economic Development Plan and the environmental Justice and
Transportation Investment Policy. Additionally, Consultant staff will use in-house knowledge regarding
the City Master Plan,the Capital Improvement Plan and City ordinances.
Task 1.5 - Data Synthesis and Analysis Report. This task includes a review and analysis of the
inventory information and preparation of text, charts, tables, graphs and maps that will provide detailed
information for the remainder of the study. An inventory and analysis report will be prepared to
summarize the information obtained during this task.
2. OPPORTUNITY ANALYSIS
The opportunity analysis is an element of the comprehensive planning process, which involves
conceptualizing "big picture" ideas inspired from a community's given assets and unrealized potentials.
The purpose of this activity is to identify the relationships and combinations of community attributes that
can serve as catalysts for positive community change. The intent of this analysis is to help the City
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recognize and protect its important resources; better manage development, economic development and
environmental practices; and identify priority areas for future public programming.
Task 2.1 - Development of Opportunity Analysis. Consultant will develop the Opportunity Analysis
based on the priority areas identified by and for the small areas along the corridor, which will include
recommendations for land use, transportation, neighborhood improvements, economic development and
urban design. The analysis will be presented in the form of annotated maps, images, sketches and
accompanying text.
3. DEVELOPMENT OF CORRIDOR ALTERNATIVES
Consultant will develop alternatives for various aspects of the corridor including roadway alternatives.
Recommendations for building locations, relationships and orientation as well as parking, circulation and
landscape components for the integration of land uses along the corridor. The recommendations will also
include strategies for integrating existing and future development opportunities.
Task 3.1 - Roadway Alternatives. This task includes a review of the existing U.S. 63 roadway and
connecting streets and development of alternative concepts for improvements in the roadway system. It is
anticipated that the alternative concepts may include revisions in the lane configuration, intersection
layout or intersection type, traffic control system, one-way/two-way operation, roadway alignment, and
other roadway characteristics. The alternative concepts will be displayed on maps accompanied by
written descriptions.
Task 3.2 - Pedestrian/Bikeway Alternatives. This task includes the development of alternative
concepts for the pedestrian and bikeway system. Included will be a review of sidewalk locations,
bikeway locations, pedestrian overpasses and traffic control measures. The location of a proposed
pedestrian overpass near the railroad crossing on East Fourth Street will also be reviewed as part of this
task.
Task 3.3 - Enhancement Concepts. This task includes the development of concepts for roadway
enhancements along the U.S. 63 corridor. The concepts will be presented in the form of a plan view
conceptual drawing.
Task 3.4 - Land-Use Alternatives. Consultant will develop land-use alternatives for the Highway 63
corridor. The alternatives will include locations for different use and character types of residential,
commercial, office, industrial, institutional,mixed use,parks and open space, and environmental corridor
land uses throughout the corridor. These recommendations will be based on the analysis of the physical
geography of the project area,economic opportunities and other factors influencing development location.
Special emphasis will be placed on achieving smooth transitions between potentially incompatible land
uses, encouraging a mix of uses where appropriate, and encouraging redevelopment of any vacant or
underutilized lands. The alternatives will also identify structures that should be targeted for rehabilitation.
Task 3.5 - Urban Design Alternatives. Consultant will develop urban design alternatives for the
Highway 63 corridor. The alternatives will provide general design guidelines for commercial,residential
and industrial development.
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Task 3.6 - Drainage Alternatives. This task includes a review of the existing drainage system near the
railroad underpass and development of alternative concepts for drainage and storm sewer improvements
at this location.
Task 3.7 - Review of Water Service Repairs. This task includes a review of known water service
failures and repairs and development of alternative concepts for future accommodation or revisions to the
water main system.
4. CORRIDOR PLANS
After completion of the opportunity analysis and development of concepts, the project team will develop
corridor plans for the U.S.63 corridor. It is anticipated that this task will include the development of draft
plans for each of two subareas, a preliminary evaluation of advantages for each alternative, and
refinement of the alternatives based on input from the City and community.
Task 4.1 - Development of Draft Corridor Plans. Based on a review of the opportunity analysis and
preliminary alternatives, and considering input from the City and public involvement process, a Draft
Corridor Plan will be developed for each of the sub-areas along the corridor. A maximum of two(2)sub-
areas will be considered for the Draft Corridor Plans. The process of developing the corridor plans will
include the following elements:
• Summary of the inventory and public participation process.
• A written and graphical analysis of future opportunities and challenges for the corridor and
surrounding neighborhoods.
• A general evaluation of existing and possible future business mixes along the corridor.
• Potential future land use along and surrounding the corridor, including opportunities for mixed-
used and multi-family development as well as rehabilitation of existing structures.
• Recommended development character of future land uses, including density, building design,
setbacks/building orientation,parking,landscaping, signing and site layout.
• Opportunities for restoration of natural systems,especially for storm water management.
• Opportunities for drainage improvements at the railroad underpass.
• Roadway lane configurations for U.S. 63.
• Enhancement concepts,such as landscaping, streetscaping and lighting.
• Opportunities for bicycle and pedestrian accommodations.
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• Consideration of an implementation strategy for achieving the recommendations, including
capital improvements, regulations, redevelopment incentives, business recruitment, partnerships
and funding strategies.
• Provide 25 copies of draft plan document.
Task 4.2 - Refinement of Corridor Plans. The corridor plans will be refined based on community
feedback and presented to the City as a final plan document. Twenty-five copies of the final corridor plan
documents will be printed.
5. TRAFFIC ANALYSIS
An analysis of traffic operations will be conducted to determine existing traffic conditions along U.S. 63
and to evaluate alternative improvements in the corridor. The following tasks are included.
Task 5.1 -Obtain Traffic Counts and Projections. This task consists of obtaining current traffic counts
from the City and/or Iowa DOT and developing the existing traffic model. Future traffic volumes will be
obtained from INRCOG and will be used to develop the future traffic model.
Task 5.2 - Traffic Simulation Model. A computerized traffic simulation model will be set up for the
U.S. 63 roadway and major connecting streets. The model will include the existing lane configurations
on U.S. 63 and major cross-streets, 1-way/2-way operation, major intersection locations, and traffic
volumes as received from the City or Iowa DOT. The Synchro/SimTraffic Model will be used for this
task. Two versions of the Synchro/SimTraffic Model will be developed, representing existing conditions
and future(Year 2025)traffic conditions.
Task 5.3 - Testing of Alternatives. The roadway alternatives developed in Task 3.1 will be evaluated
for traffic capacity, level of service, delay and other measures of operation. It is anticipated that the
following alternatives will be tested under this task:
• Modifications to U.S. 218/U.S. 63 interchange.
• Changes in the 1-way/2-way street system.
• Alternative intersection configurations at major cross-streets, including the possibility of
roundabout intersections.
Task 5.4-Traffic Safety Review. A review of traffic crash statistics along U.S. 63 will be conducted for
the most recent 5-year period for which records are available. The traffic safety review will evaluate
traffic crash statistics, identify significant traffic safety problem areas,and summarize possible causes and
possible remedies.
Task 5.5 - Traffic Analysis Report. A Technical Memorandum will be prepared summarizing the
findings of the traffic analysis tasks.
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6. PUBLIC INVOLVEMENT
An ongoing public involvement program is included in this Scope of Services. The public involvement
program will consist of the following activities.
Task 6.1 - Corridor-Wide Forum. A corridor-wide forum will be conducted to identify the public's
perception of a wide variety of issues along the corridor. The community-at-large will be invited as well
as property and business owners within the corridor and key community leaders. The corridor-wide
forum is anticipated to be a 3-hour session including a series of activities which will address quality of
life issues in the general project area,including identifying what basic services are lacking in the corridor,
how the area surrounding the corridor could better serve the community, what small areas could the
corridor be broken into to make this project more manageable, and what resources could be utilized. The
intent of this corridor-wide forum is to bring everyone together to gauge community needs, priorities and
issues. The consultant will organize and conduct the forum,with assistance from the City.
Task 6.2 - Small-Area Forums. A maximum of two (2) small-area forums will be conducted to obtain
input on specific concerns and needs within the sub-areas decided upon in the community forum.
Strengths, weaknesses, opportunities and threat (SWOT) exercises will be used, in addition to other
activities determined in conjunction with the East Side Development Task Force. The consultant will
organize and conduct the forums,with assistance from the City.
Task 6.3 - Agency Surveys. The consultant will provide questionnaires to key agencies in order to
determine their perception of opportunities and needs in the U.S. 63 corridor. Agencies that will be
provided with questionnaires include the school district, social service organizations, Chamber of
Commerce, churches, INRCOG, COPC/UNI Institute for Decision Making, Iowa DOT, Community
Development Board, Cedar Valley Economic Development Corporation and adjacent neighborhood
associations.
Task 6.4 - Key Stakeholder Interviews. Telephone or personal interviews will be held with key
stakeholders in the U.S. 63 corridor, including business owners, local financial institutions, non-profit
organizations and community groups within the study area. A maximum of 25 interviews is included in
this task.
Task 6.5 - Social Issues Determination. The UNI Center for Social and Behavioral Research will
provide input and guidance regarding the key social issues within the neighborhoods along U.S. 63.
Included in this task are:
• Attend a sampling of community meetings from among the Community Forum, Neighborhood
Association meetings, small-area forums, public information meetings and East Side
Development Task Force meetings. It is anticipated this activity will include three such meetings.
• Offer an independent synthesis and analysis of the content of the meetings attended, plus the
content of any other meetings for which there are available minutes or summaries.
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• Prepare suggestions for consequent project activities that would be useful to the overall project
based on these meetings.
• In concert with the project team and community representatives, develop an appropriate survey
instrument and protocol for use with a representative sample of the community.
• Be available for implementing the community survey if this step is approved by the project team.
Task 6.6 - Additional Public Informational Meetings. If requested by the City, additional public
informational meetings will be added to the scope by a supplemental agreement.
Task 6.7 - Neighborhood Association Meetings. One or more project team members will attend
selected meetings of the neighborhood associations along U.S. 63. The purpose of attending these
meetings is to foster ongoing dialogue with neighborhood residents, obtain their input into the project and
provide feedback on project activities. This task includes attendance at a maximum of 12 neighborhood
association meetings.
Task 6.8 - East Side Development Task Force Meetings. The consultant will participate in periodic
meetings with the East Side Development Task Force. A report or presentation on project activities will
be made at each meeting and the consultant will be available for questions and answers. This task does
not include the preparation of minutes or reports for the task force meetings. A maximum of eight task
force meetings will be attended by the consultant.
Task 6.9 - Newsletter Articles. This task consists of writing and submitting articles for publication in
the existing neighborhood association newsletter. A total of 4 articles will be prepared and submitted to
the city in electronic form. This task does not include printing and distribution of newsletters.
Task 6.10 - Neighborhood Liaison. Public Involvement Unlimited, LLC, will provide an ongoing
presence in the project corridor to provide a liaison between the City and the neighborhoods. The
neighborhood liaison activities will include personal door-to-door contacts with neighborhood residents
and businesses, communicating schedules for upcoming meetings, listening to comments and concerns
from the neighborhoods,and communicating pertinent information to the project team. A log will be kept
listing the name and address of each contact and summarizing the pertinent comments. The extent of this
task will include an average of 3 hours per week for the duration of the project(72 weeks).
Task 6.11 - Community Representative. This task includes the assistance of one local resident in the
U.S. 63 corridor to serve as a liaison between the neighborhoods and the city. The community
representative will attend neighborhood activities as needed, listen to the concerns of neighborhood
residents, communicate issues and concerns to the project team, clarify answers to questions and bring
project issues forward to the project team. The community representative will keep a log summarizing
their activities, contacts and summaries of comments from neighborhood residents. The extent of work in
this task will include an average of four hours per week for the duration of the project(72 weeks).
Task 6.12 - Small Area Presentations. Consultant will meet with representatives of the two small areas
for the following intermediate activities:
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• Upon completion of the U.S. 63 Corridor Alternatives, Consultant will present the alternatives at
one meeting for the two small areas.
• Upon completion of the Draft Corridor Plans, Consultant will present the draft plans at one
meeting for the two small areas.
• Upon completion of the Draft Implementation Strategies, Consultant will present the draft
implementation strategies at one meeting for each of the two small areas.
Task 6.13 - Public Participation Summary Report. The Consultant will produce a summary report of
the corridor-wide community forum, the small area forums, the agency survey and key stakeholder
interviews. Consultant will provide 25 copies of the public participation summary report.
Task 6.14-Other Public Involvement Activities. Additional public involvement activities, if requested
by the city, will be added to the Scope as a supplemental agreement. Included are such items as the
following:
• Interactive Web Site
• Project-Specific Newsletters
• Community Displays and Models
• Advertising and News Releases
• Meetings and Presentations Beyond Those Listed in This Scope
7. ENVIRONMENTAL JUSTICE ANALYSIS
An environmental justice analysis will be conducted in the U.S. 63 corridor to evaluate the current
roadway design, as well as the future design alternatives, with respect to environmental justice. This task
is intended to identify and evaluate whether the human health or environmental impacts of the highway
alternatives will have a disproportionate impact on minority or low-income populations, as described in
Executive Order 12898, February 11, 1994. A previous study of the U.S. 63 corridor, entitled
"Environmental Justice and Transportation Investment Policy" by David J. Forkenbrock, Ph.D., will be
used as a guide for the environmental justice analysis. The following subtasks are included:
Task 7.1 - Identify and Quantify Impacts. The impacts to be evaluated with respect to environmental
justice will be identified and quantified to the extent required for the analysis. The anticipated impacts
include:
• Noise
• Transit Access
• Access to Health Care
• Access From Police or Fire Stations
• Business Displacement
• Construction Impacts
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• Water Service Repair Impacts
• Proximity/Setback of Homes
• Proximity/Setback of Sidewalks
• Traffic Safety on U.S. 63
• Traffic Operations/Congestion on U.S. 63
• Recreational Trail Opportunities
Task 7.2 - Statistical Analysis. A statistical analysis will be conducted for the impacts identified in
Task 7.1 to determine their relationship to low income and minority populations.
Task 7.3 - Determine Environmental Justice Impacts. Based on the results of the statistical analysis,
the impacts will be evaluated to determine if they have a disproportionate effect on low income or
minority populations.
Task 7.4-Evaluate Mitigation Measures. This task will identify potential improvements or mitigation
measures along U.S. 63 that may address the environmental justice impacts identified in Task 7.3.
Task 7.5-Evaluate Proposed Alternatives. The proposed alternatives for future improvements on U.S.
63 will be evaluated with respect to environmental justice to determine their effect on mitigating or
eliminating any of the environmental justice impacts identified in Task 7.3.
Task 7.6 - Environmental Justice Advisory Input. Advisory input and reviews for the environmental
justice analysis will be provided by individuals with national experience or expertise in this area. The
environmental justice advisors will be available to review the proposed work plan and provide input and
recommendations on the analysis procedures. The following advisors are included:
• David J.Forkenbrock,Ph.D.
• Karen Skelton(Dewey Square Group)
Task 7.7 - Environmental Justice Report. A final report will be prepared to summarize the
Environmental Justice Analysis. A total of 25 copies of the environmental justice report will be printed.
8. IMPLEMENTATION PLAN
Implementation strategies will be developed for each of the two small areas of the project. The following
tasks are included.
Task 8.1 - Draft Implementation Strategies. A Draft Implementation Strategy will be prepared for
each of the two small areas, which will include identification of project priorities, identification of
potential funding sources (local, state and federal), recommendations on necessary future partnerships
(private and/or public),and potential obstacles that may be encountered during implementation.
Task 8.2 - Refinement of Implementation Strategies. The consultant will revise the Draft
Implementation Strategies based on community feedback. The final implementation strategies will be
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summarized in a Technical Memorandum. Consultant will provide 25 copies of the Technical
Memorandum.
Task 8.3 - Federal Agency Liaison. The consultant will be available to monitor potential federal
funding sources, assist in identifying key government officials involved in decision-making for special
funding and will assist in arranging a meeting with such officials.
Task 8.4 - Grant Applications. The consultant is available to assist the City in preparing grant
applications for state or federal funding programs. This task is not included in the basic services but will
be added as a supplemental agreement if requested by the City.
9. FINAL REPORT AND PRESENTATION
Task 9.1 - Executive Summary Report. A final report of the project activities will be prepared by the
consultant. It is anticipated that the final report will be an executive summary document and will not
repeat the information from the technical memoranda. A total of 50 copies of the executive summary
report will be printed.
Task 9.2 -Final Presentation. The consultant will make a final presentation to the City Council and the
East Side Development Task Force upon conclusion of the project.
10. PROJECT MANAGEMENT AND MEETINGS
Task 10.1 -Agency Coordination. This task includes ongoing coordination with Iowa DOT, INRCOG,
FHWA and other regulatory agencies.
Task 10.2 - Subconsultant Coordination. This task includes the coordination, scheduling,
correspondence and contract management for the various subconsultants on the project.
Task 10.3 - Project Administration and Scheduling. This task includes project administration and
internal coordination throughout the project development. The task includes intra-office meetings,project
scheduling,day-to-day administrative tasks and typing of infra-office memoranda.
Task 10.4- Project Review Meetings. In addition to the previously described public and neighborhood
meetings, a project team meeting is anticipated with the City of Waterloo approximately every two
months. A total of 9 project review meetings are included in this task.
L:\WORK\ADM IN\AGREE\PROF\US63scope.doc
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ATTACHMENT B
(Referenced From 3.1)
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 in the
amount of the Consultant's actual cost plus applicable fixed fee amount. 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 F. The nature of
planning services is such that actual costs are not completely determinate. Therefore, it
is possible that the Consultant's actual costs may exceed those shown in Attachment F
and as shown below. A contingency amount has been established to provide for actual
costs that exceed those estimated.
Estimated Actual Costs $471,000.00
Fixed Fee 29,000.00
Contingency 0.00
Maximum Amount Payable $500,000.00
If 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 Planner 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 Planner. The Owner may audit the
Consultant's cost records prior to authorizing the use of a contingency amount. 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 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. If the
Consultant exceeds the estimated actual costs for any reason, other than that covered in
Paragraph B.3,before the Planner is notified in writing, the Owner will have the right,
at its discretion,to deny the use of the contingency amount.
The fixed fee amounts will not be changed unless there is a substantial change in scope,
character, or complexity of the services covered by this Agreement or the time schedule
is changed by the Owner. Any change in the fixed fee amount will be made by a
Supplemental Agreement or Extra Work Order. The maximum amount payable under
this Agreement is$500,000.00,which is the sum of the above amounts. The maximum
amounts payable cannot be exceeded except by Supplemental Agreement, or Extra
Work Order if the Consultant establishes and the Planner agrees that the original
estimates of anticipated staff hours were inaccurate or that there is a justifiable change
in the salary rates,payroll additives, overhead rates,or other supported costs from what
was estimated. 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 Planner in
writing. The maximum amount payable may be increased by a Supplemental
Agreement or Extra Work Order,or this Agreement will be terminated,with the Owner
having the right, at its discretion, to terminate this agreement without payment of the
amount exceeding the maximum amount payable. 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 Title 48, Subchapter E, Parts 30 (full CAS), Parts
31.105 and 31.2 of the current Federal Acquisition Regulation. These 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 provisionally for progress
payments for work accomplished during the Consultant's current fiscal year.
Salary related expenses and general overhead costs are 160.00% of direct
salary costs. Use of updated overhead percentage rates shall be requested by
the Consultant after the close of each fiscal year in order to more accurately
reflect the cost of work during subsequent years. Any actual fiscal year or
fiscal year's audited or unaudited indirect cost 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 estimated actual costs to be exceeded, the
contingency amount will be used.
3.1.1.3 Premium Overtime Pay. Premium overtime pay shall not exceed 2 percent of the
total direct salary cost without written authorization.
B-2
3.1.1.4 Payments. Monthly payments shall be made based on the percentage of 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
Planner 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. The portion of the fixed fee to be paid will be in the proportion of the actual work
completed and documented on the monthly progress reports.
Upon delivery and acceptance of all work contemplated under this Agreement, the
Consultant shall submit one complete invoice statement of costs incurred and/or
amounts earned. The final invoice shall include adjustment of provisional overhead
rate to rates verified or unverified applied to the respective years that labor is incurred.
Payment of the total cost claimed 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.
B-3
ATTACHMENT C
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 of default.
4. The prospective primary participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if at any time the prospective primary participant
learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of the rules implementating 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 title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering
into this covered transaction, without modification in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may,but is not required to,check the Nonprocurement List(Tel#).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -- Primary Covered
Transactions
(1) The prospective primary participant certifies,to the best of its knowledge and belief,that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not, within a three-year period preceding this proposal, been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public (federal, state or
local) transaction or contract under a public transaction; violation of Federal or State
Antitrust 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 other 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.
C-2
STATE OF IOWA
Black Hawk County
I, Joe A. Becker,Vice President, of Earth Tech,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.
Subscribed and sworn to this //' ^ day of a , 2002.
C-3
ATTACHMENT D
CERTIFICATION OF CONSULTANT
I hereby certify that I am the Vice President and duly authorized representative of the firm of Earth Tech,
Inc., whose address is 501 Sycamore, Suite 222, Waterloo, Iowa, and that neither the above firm nor I
here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above Consultant)to solicit or secure this Agreement,
(b) Agreed, as an express or implied condition for obtaining this Agreement, to employ or retain the
services of any firm or person in connection with carrying out the Agreement,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 Agreement, 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 Agreement
involving participation of Federal-Aid highway funds, and is subject to applicable state and federal laws,
both criminal and civil.
Joe A.Becker
ATTACHMENT E
CERTIFICATION OF CITY OF WATERLOO,IOWA
I hereby certify that I am the Mayor of the City of Waterloo, Iowa, and that the above consulting firm or
his representative has not been required, directly or indirectly, as an express or implied condition in
connection with obtaining or carrying out this Agreement to:
(a) Employ or retain,or agree to employ or retain,any firm or person,or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution donation, or
consideration of any kind,except as here expressing stated(if any).
I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation, the
Federal Highway Administration and U.S. Department of Transportation, in connection with this
Agreement involving participation of Federal-Aid highway funds, and is subject to applicable state and
federal laws,both criminal and civil.
dersz&, fh.aia6oillgmh
John ' Rooff,Mayor Fir
L:\WORK\ADM .WG:."E\PROF\WatUSHighway63.doc
Attachment F
U.S. Highway 63 Planning Study
Waterloo, Iowa
COST ANALYSIS
I. Direct Labor Cost(Earth Tech)
Category Hours Rate/Hour Amount
Senior Professional 690 $56.00 $38,640.00
Project Professional 680 $37.00 $25,160.00
Staff Professional 128 $26.50 $3,392.00
Professional 0 $20.50 $0.00
CADD Operator II 686 $21.00 $14,406.00
CADD Operator I 0 $14.50 $0.00
Technician 0 $19.00 $0.00
Project Administrator 192 $18.00 $3,456.00 $85,054.00
2376
II. Payroll Burden and Overhead Provisional Costs 160.00% $136,086.40
III. Direct Project Expenses
Category Units Rate/Unit Amount
Special Experts 0 $0.00 $88,000.00
Mileage 1000 0.365 $365.00
Per Diem 0 30.00 $0.00
Lodging 0 71.00 $0.00
Copier 20000 0.06 $1,200.00
Plan Copier 1500 0.50 $750.00
Sepias 0 5.00 $0.00
Miscellaneous, Other $1,000.00 $91,315.00
IV. Earth Tech Estimated Actual Costs $312,455.40
Rounded $312,500.00
V. Subcontract Expense
Vandewalle&Associates $158,500.00 $158,500.00
VI. Estimated Actual Costs $471,000.00
VII. Fixed Fee $29,000.00
VIII. Contingency
$0.00
IX. Maximum Amount Payable $500,000.00
L:\HOME\jbeckerlbaskefl[Wat U.S.63.xls]Costs
Attachment F
U.S. Highway 63 Planning Study
Waterloo, Iowa
SPECIAL EXPERT RATES
Public Involvement Unlimited
Lawrence T. Byrant $ 80.00
RDG Crose Gardner Shukert
Principal $ 120.00
Partner 2 $ 84.00
Landscape Architect $ 48.00
Clerical I $ 57.50
Clerical II $ 31.00
UNI Center for Social & Behavioral Research
Principal Investigators $ 80.00
Project Coordinator $ 42.10
Research Assistant $ 15.50
Administrative Support $ 30.25
Tallgrass Historians
Prinicipal Investigator $ 59.00
Research Assistant $ 29.00
Dewey Square Group
Karen Skelton $ 200.00
David J. Forkenbrock $ 125.00
Waterloo-Highway 63 Planning Services Attachment F
Brian Melissa Rob Dean Stacy Mike Jeff Aaron Amy Ellen
$275/hr $92/hr $139/hr $94/hr $46/hr $196/hr $51/hr $58/hr $55/hr $51/hr Hours Expenses
Work Element One:Inventory and Data Management I 1 ------
V&A Inter4 2 4 2 2 4 2 16 -
Inventory
and Data
Collection 8 2 8 16 - 34
Base Map Compilation 4 4 12 20 $200
Review of Existing Comm 8 4 4 18 34 $100
Data
Collection
and
Synthesis 8 18 26 $0
Inventory
and $30
Analysis
Report 8 16 4 4 4 36
Subtotal 2 36 12 14 76 2 0 16 4 4 166 $330
Work Element Two:Opportunity Analysis _
V&A Intern 2 4 2 2 4 2 16 $0
On-Site Wu 12 18 12 18 18 78 $1,000
Developme
nt of $90
Opportuni
ty 4 24 8 16 36 4 24 8 16 140
V&A Intern 2 4 4 4 6 2 22 $0 _
Communit
y $850
Presentatio
n 10 10 4 4 4 8 40
Subtotal 20 60 36 I 44 68 8 28 8 8 16 296 $1,940
Work Element**:Development of Corridor Alternatives
Development 4 8 16 16 20 4 24 24 116 $0
Corridor Alternatives Pr 8 12 12 8 12 12 8 72 $500
Subtotal 4 16 28 28 28 4 36 36 0 8 188 $500
Work Element Three:Draft Corridor Neighborhood Plans
V&A Intern 4 6 4 4 6 4 4 4 36 $0
Developme
nt of Draft $900
Plans 24 4 12 48 20 8 16 132
V&A
Internal
Work
Session 2 4 4 4 6 20
Draft
Neighborh $850
ood Plan
Presentatio
ns 16 12 28
Draft
Neighborh
ood Plans $900
Refinemen
t 6 _ 2 8 8 16 40
Subtotal 6 56 12 22 68 4 32 12 12 32 256 $2,650
Work Element Five:Public Involvement
Corridor-
Wide
Communit
y Forum 12 20 8 4 4 48 $850
Small Area
Forums(2)
24 30 16 4 74 $1,000
Agency 26 $74
Surveys 8 16 2
Key
Stakeholde
r
Interviews 12 12 20 44 $850
Public
Participati
on $30
Summary
Report 4 16 20
Subtotal 0 60 12 0 102 26 0 4 8 0 212 $2,804
Work Eletr 0 8 0 0 0 4 0 0 0 0 12 $0
Work Element Seven:Implementation Plan
V&A Intern 2 4 2 2 4 2 16 $0
Developme
nt of Draft
Implement
$30
ation
Strategies
12 16 8 36
V&A
Internal
Work $30
Session 2 4 2 2 4 14
Draft
Implement
ation
Strategy $850
Presentatio
ns 8 2 2 8 8 28
Draft
Implement
ation
Strategies $30
Refinemen
t 8 8 8 24
Subtotal 4 36 6 6 40 2 0 0 8 16 118 $940
Work Element Eight:Final Plans
V&A Intern 4 4 2 2 4 2 l 18 $0
Developme 11
nt of Final
Draft Plans $
900
2 38 6 8 48 16 8 16 142
Final Draft
Neighborh
ood Plan $850
Presentatio
ns 22 6 4 22 8 62
Final Draft
Neighborh
ood Plans $900
Refinemen
t 8 4 16 8 4 8 48
City
Adoption
Process 8 8 $800
Subtotal 6 80 14 18 90 2 24 12 8 24 _ 278 $3,450
Work Element Nine:Project Management Plan
Scope Refinement 10 2 12 $850
Consultant 4 18 l 18 4 18 4 66 $850
Project
Meetings
(9) 4 70 2 2 9 4 91 $2,900
Subtotal 8 98 20 6 29 8 0 0 0 0 169 $4,600
i46 120 $... 48 400 11:40SN 9,214
Unit Rates $ 275.00 $ 92.00 $ 139.00 $ 94.00 $ 46.00 $ 196.00 $ 51.00 $ 58.00 $ 55.00 $ 51.00
Labor $13,750.00 $41,400.00 $19,460.00 $12,972.00 $23,046.00 $11,760.00 $6,120.00 $5,104.00 $2,640.00 $5,100.00 $141,352.00
Expenses $ 17,214.00
Total $158,566.00
Rounded $158,500.00
Waterloo,Iowa
U.S.Highway 63 Planning Study
STAFF HOUR ESTIMATE
CADD Word Proc./
Senior Project Staff Operator Project Total
Desorption of Work Prof. Prof. Prof. II Admin.
1.INVENTORY&DATA MANAGEMENT
1.1 Inventory&Data Collection 2 20 40 62
1.2 Base Mapping - 76 76
1.3 Database and GIS System - - 60 60
1.4 Review of Existing Community Plans&Ordinances -- 0
1.5 Data Synthesis&Analysis Report 0 ,
Subtotal 2 0 20 176 0 198
2.OPPORTUNITY ANALYSIS
2.1 Development of Opportunity Analysis 0
2.2 Community Presentation of Opportunity Analysis _-` -� 0
Subtotal 0 0 0 0 0 0
3.DEVELOPMENT OF ALTERNATIVES ---
3.1 Roadway Alternatives 32 32 32 96
3.2 Pedestrian/Bikeway Alternatives 4 16 8 28
3.3 Enhancement Concepts _
3.4 Land Use Alternatives
335 Urban Design Alternatives
3.6 Drainage Alternatives 4 12 ��_- 8 - - 24_
3.7 Review of Water Service Re airs 4 16 8 28
Subtotal 44 76 0 56 0 176
4.CORRIDOR PLANS
4.1 Development of Draft Corridor Plans 32 40 24 48 144
4.2 Refinement of Corridor Plans - 20 24 32 76
Subtotal 52 64 24 80 0 220
5.TRAFFIC ANALYSIS
5.1 Obtain Traffic Counts&Projections ---_ -__ _-_ 24 16 - - __-- 40
5.2 Traffic Simulation Model T-- 8 40 48
5.3 Testing of Alternatives 12 64 76__
5.4 Traffic Safety Review . 8 .-_- 12 8 _ 28
5.5 Traffic Analysis Report -- 12 20 ----.-_ 16 4 52
Subtotal 40 160 24 16 4 244
6.PUBLIC INVOLVEMENT
6.1 Corridor-Wide Forum 20 16 16 4 56
6.2 Small-Area Forums 16 8 8 4 36
6.3 Agency Surveys .._.... 0
.6.4 Key.Stakeholder Interviews _.._ _-_._.._._..._..__...____.._.. ..-._._. __. 0
6.5 Social Issues Determination --`-------_-�_..__-__ .. ..._..._..___ _ _.._.
0
6.6 Additional Public Informational Meetings .__ 4_ ._ 0
6.7 Neighborhood Association Meetings -_ - 24 12 6 42
6.8 East Side Development Task Force Meetings - 40 -24 _ 20 16 100
6.9 Newsletter Articles 8 4 8 8 28
6.10 Neighborhood Liaison 0
6.11 Communi_ty Representative 0
6.12 Small Area Presentations 0
Waterloo,Iowa
ua Highway m Planning Study
STAFF HOUR ESTIMATE
CAnu vwxd�'mc./
Senior Project Staff onemm, Project rota/
Description mWork Prof. prof. Prof. if Admin.
6.13 Public Participation vmmay����_______
-_--0 _
6.14 Othe,p, mvnxemen1Actiyities --- ----�
ouumta/ /08 64 o oo 32 --��-
�Z.ENVIRONMENTAL
_qpanmy __� ___ �� »u _60 _3u 1��-�
7.2 Statistical Analysis
8 � 60L 12
8 Determine Environmental Justice Impacts � __ *o � ' �96 �
_7.4 Evaluate Mitigation Measures _ m -3216L --- 64 -
7.5- Evaluate � � �o - ---
`~^���------ --- -' --_-j64_'
7.6 Environmental Justice Advi��r&p
_I�_���omon�L�aum,nep�L_ �� - - e� --- ���------ ------- --'--� --
__. ______60 -40L196i_
mmmtax /36 236 60 om 40
'� -_ _--__ -____'
=-== u6 ----�--'� ------------- �-
u --'-------'
8.
16
���-����/��������' ----___ ��_
»�-����2�����- --- ------''------------'--''�-------'--------- �-
-= �----- -------------
Subtotal ux o o o o ----22''-
FINAL REPORT&
9L I��L___....
_____
9.1 Executive§yamarynrveq-- __�-__---- '---- 40 ------�� --��-'-���-
_9.2_Final Presentation �� 8-------�---32�-
Subtotal 56 20 o 40 32Coord —��-
10.PROJECT MANAGEMENT&MEETINGS
ina«onL_ --- ----- -- ' -------��-------�-------'------
------'------- �-----24-------24 ----------- -48L-
����������/m��___ ____� - ----
� ____-_' _ _-__-____ -� .
-1 _-_-- _-__-_-�� ��-_120L
10.4 -
�/ �� oo 12138__
Subtotal 230 oo o oe aw -410 -
Total Hours 000 moo 128 xon 192 2,376