US 20 Intersect Design ContractMEMORANDUM
February 10, 2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Design Contract - US 20 Intersection Improvements
Acting Public Works Director Gus Psihoyos is recommending City Council approval of a
project agreement with the Iowa Department of Transportation relating to the continuing
development of the US 20 Intersection Improvement Project. The agreement provides
for the engineering firm of Howard R. Green to continue their study of the US 20
corridor into the design phase of the project and extends the original contract for an
additional five months.
The City will be the contracting authority for the project. The City will be responsible for
all consulting fees. The construction costs, however, will be split between the City and
the State, with the City's share not to exceed $350,000.
Utilizing the same firm will save time, reduce the cost, and keep all aspects of this multi-
faceted contract under the design responsibility of one firm. This will also be beneficial
in that one design firm will administer all coordination of the various contractors working
under separate contracts. The Iowa Department of Transportation has provided the
attached letter that concurs with the City's selection of Howard R. Green Company to
provide project continuity.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Acting Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 6, 2003
TO:Michael C. Van Milligen, City Manager
FROM:Gus Psihoyos, Assistant City Engineer
SUBJECT:Design Contract- US 20 Intersection Improvements
INTRODUCTION
On Monday, January 20, 2003, the City Council approved a project agreement
with the Iowa Department of Transportation relating to the continuing
development of the US 20 Intersection Improvement Project.
DISCUSSION
The enclosed agreement provides for the engineering firm of Howard R. Green to
continue their study of the US 20 Corridor into the design phase of the project.
The agreement modifies the original agreement to add the additional design work
and to extend the contract an additional five (5) months.
The agreement itself provides for revisions to the original traffic signal design to
incorporate Emergency Vehicle Preemption, generator quick connect/disconnect
provisions, video camera vehicle detection and other improvements at the
request of the City. The agreement provides that the plans be prepared for an
anticipated letting date of July 15, 2003.
The contract also provides for design services for the five-lane pavement
widening project from the Northwest Artedal to west of old US 20. This project
will widen the median to allow for the construction of left-turn lanes at the major
driveways along this Corridor. Presently traffic must stop in the through lane of
US 20 to make a left-turn if there are oncoming vehicles in the opposing lane.
The wider median will also make left turns out of the commercial driveways safer
by creating a refuge area between the two directions of traffic.
The City will be the contracting authority for the project. The City will be
responsible for all consulting fees. The construction costs, however, will be split
between the City and the State, with the City's share not to exceed $350,000.
RECOMMENDATION
I recommend that you execute the agreement providing for the design work, with
the following amount of compensation:
Estimated Actual Costs $81,571
Fixed Fee 9,158
Contingency 8,157
Maximum Amount Payable $98,886
The decision to continue this contract with Howard R. Green is based partially on
the need to modify the traffic signal plans per the City's requests.
While the five-lane widening project could be designed as a separate contract, it
was felt that the firm had extensive knowledge of the Corddor and its traffic
safety needs based upon the eadier phases of their work on the interconnect
contract.
Utilizing the same firm will save time, reduce the cost, and keep all aspects of
this multi-faceted contract under the design responsibility of one firm. This will
also be beneficial in that one design firm will administer all coordination of the
various contractors working under separate contracts. The Iowa Department of
Transportation has provided the attached letter that concurs with the City's
selection of Howard R. Green Company to provide project continuity.
BUDGET IMPACT
Funds are already budgeted for this project in the Fiscal Year 2003 and proposed
Fiscal Year 2004 Capital Improvement Program.
ACTION TO BE TAKEN
The three sets of the agreement with Howard R. Green shall be signed by the
City Manager at the appropriate places as indicated.
GP/vjd
cc: Michael A. Koch, Public Works Director
David Ness, Civil Engineer
AGREEMENT
FOR
PROFESSIONAL SERVICES
US20 HMA Pavement Widening
US Highway 20 Improvements Project
Project No. STP-A-2100(630)--86-31
HOWARD R. GREEN COMPANY
· Howard R. Green Company US Highway 20 Improvements
Project No. 176290-J03 (HMA Pavement Widening)
Dubuque, Iowa
SECTION
DESCRIPTION
TABLE OF CONTENTS
PAGE
I
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
XVII
XVIII
XIX
XX
XXI
XXII
DEFINITIONS
GENERAL
SCOPE OF SERVICES
TIiVEE OF BEGINNING AND COMPLETION
EXTENSION OF TIME
OWNERSHIP OF ENGINEERING DOCUMENTS
REVISION OF COMPLETED PLANS
EXTRA WORK
PROGRESS IvlE, ETINGS
TERMINATION OF AGREEMENT
MEDIATION
ARBITRATION
RESPONSIBILITY FOR CLAIMS AND LIABELITY
NON-RAIDING CLAUSE
GENERAL COMPLIANCE WITH LAWS
SUBLETTING, ASSIGNMENT OR TRANSFER
FORBIDDING USE OF OUTSIDE AGENTS
CONSULTANTS ENDORSEMENT ON PLANS
COMPLIANCE WITH TITLE 49 CFR
ACCESS TO RECORDS
FEES AND PAYMENTS (COST PLUS FIXED FEE)
ENTIRE AGREEMENT
2
3
3
3
3
3-4
4
4
4
4-5
5
5-6
6
6
6
6
6
6
6-8
8
840
10
ATTACHMENTS
A
B
C
D
E
F
G
CERTIFICATION OF CONSULTANT
CERTIFICATION OF OWNER
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY
MATTERS -- PRIMARY COVERED TRANSACTIONS
INSURANCE REQUIREM]ENTS FOR PROFESSIONAL SERVICES
SCOPE OF SERVICES
ITEMIZED ESTIMATED COSTS AND FIXED FEE
SUBCONSIfLTANT PROPOSALS
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"Howard R. Green Company US Highway 20 Improvements
· . Project No. 176290-J03 (HMA Pavement Widening)
Dubuque, Iowa
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered into this day of .by and between the City of Dubuque,
hereinafter referred to as the "Owner" and Howard R. Green Company, hereinafter referred to as the "Consultant":
WITNESSETH:
WHEREAS, the Owner has decided to widen US Highway 20 from Old Highway Road to NW Arterial (IA Hwy
32); and WHEREAS, it has been agreed that the Owner shall proceed to the preparation of final design plans,
specifications and estimates as part of the US 20 INTERSECTION IMPROVEMENTS PROJECT subject to the
concurrence of the Iowa Department of Transportation; and WHEREAS, the said Owner desires to employ
HOWARD_R. GREEN COMPANY to provide PROFESSIONAL SERVICES in connection with the design and
preparation of plans, specifications and estimates for said PROJECT; and WHEREAS, the Consultant is willing to
perform such PROFESSIONAL SERVICES in accordance with the terms of this agreement represents that it is in
compliance with Iowa statutes relating to the registration of Professional STAFF; and WHEREAS, in accordance
with Iowa Law, the Owner is authorized to enter into such agreement;
NOW, TI-IEREFORE f The parties, for the consideration specified below, mutually agree as follows:
I. DEFINITIONS
Wherever in this Agreement the following terms, or pronouns used in their stead occur, they shall have the meaning
here given:
The "effective date" of this Agreement shall mean the date mentioned in the first paragraph of this
document under the heading AGREEMENT FOR PROFESSIONAL SERVICES.
"Owner" shaiI mean City o# Dubuque.
"State" shall mean the Highway Division of the Iowa Deparixnent of Transportation, Ames, Iowa.
"Consultant" shall mean the firm of Howard R. Green Company.
II. GENERAL
A. The Owner's designated representative will be (Mike Koch. City Engineer), and the Consultant's
designated representative will be (Neal Hawkins, Project Manager).
B. For the purpose of administration of the studies, investigations, designs and plans to be prepared under
this Agreement, the Consultant has been designated by the Owner to receive all communications and
information, to arrange such conferences as may be required, to secure and obtain comments and approvals
of the Owner and the State to tcansmit such comments and approvals to the Owner.
C. The work under this Agreement shall at all times be subject to the general supervision and direction of
the Consultant.
D. At the request of the Owner, 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.
E. The work under this Agreement shall be contingent upon and subject to the concurrence of the Owner.
The State 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.
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2
Howard R. Green Company
Project No. 175290-J03
US Highway 20 Improvements
(HMA Pavement Widening)
Dubuque, Iowa
F. Compliance with all of the foregoing shall be considered to be within the purview of this Agreement and
shall not constitute a basis for additional or extra compensation.
IlI. SCOPE OF SERVICES
The work to be performed by the Consultant under this Agreement shall encompass the items outlined in
Attachment E enclosed for the US 20 HMA Pavement Widening Project located within Dubuque. Iowa.
IV. TIME OF BEGINNING AND COMPLETION
The Consultant shall not begin work under this Agreement until so directed by the Owner. Contract plans
and specifications shall be completed and submitted to the Owner in a timely fashion after notification to
begin work.
The schedule for which the scope of services contained in this agreement shall be performed in accordance
with the Iowa DOT "Critical Path for Project Development" schedule, with a targeted project letting date of
July of 2003 (assuming that the notice to proceed is issued on or before January 20, 2003). If the notice to
proceed is given at a later date, time of completion shall be extended accordingly.
V. EXTENSION OF TIME
The time for completion of each phase of this Agreement shall not be extended because of any delay
attributed to the Consultant, but may be extended by the Owner in the event of a delay attributed to the
Owner or because of unavoidable delays caused by an act of God, war, governmental actions, or similar
causes beyond the control of the Consultant.
VI. OWNERSHIP OF ENGINEERING DOCUMENTS
A. Ail sketches, tracings, plans, specifications, reports on special studies and other data prepared as the
work product under this Agreement shall become the property of the Owner and shall be delivered to the
Owner 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 at the Owner's sole risk and without liability or legal exposure to the Consultant.
B. The Owner aclmowledges the Consultant's plans and specifications, including all documents on
electronic media, as instruments of professional Service. Nevertheless, the plans and specifications
prepared under this Agreement shall become the property of the Owner upon completion of the services
and payment in full of all moneys due to the Consultant. Documents provided to the State for Special
Provisions/Specifications will remain with the State.
C. The Owner and the Consultant agree that any electronic files (AutoCAD format) prepared by either
party shall conform to the specifications listed. Any changes 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 Extra Work.
D. The Owner is aware that significant differences may exist between the electronic files delivered and the
respective construction documents due to addenda, change orders or other revisions. In the event of a
conflict between the signed construction documents prepared by the Consultant and electronic files, the
signed construction documents shall govern.
E. 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.
VII. REVISION OF COMPLETED PLANS
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Howard R. Green Company
Project No. 175290-J03
US Highway 20 Improvements
(HMA Pavement Widening)
Dubuque, Iowa
A. Drafts of work products shall be submitted to the Owner by the Consultant for review and comment.
The comments received fi.om the Owner and the reviewing agencies, if mutually agreed upon, 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 Owner shall be in writing. In the event
there are no comments fi.om the Owner or reviewing agencies to be incorporated by the Consultant into the
final work product, the Owner shall immediately notify the Consultant, in writing, that the work product
shall constitute "satisfactorily completed and accepted work".
B. 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.
C. Should the Owner 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 cFncected by the
Owner in writing. Accepted work will be paid for as provided in Section VII.
VIII. EXTRA WORK
If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this
Agreement, and constitutes "Extra Work", it shall promptly notify the Owner in writing to that effect. In the
event that the Owner determines that such work does constitute "Extra Work", the Owner will pro,Ade extra
compensation to the Consultant upon the basis of actual costs plus a fixed fee amount, or at a negotiated
lump sum. Unless approval for "Extra Work" has been secured in advance from the Owner, no claims for
payment will be allowed. However, the Owner shall have benefit of the service rendered.
IX. PROGRESS MEETINGS
From time to time as the work progresses, conferences will be held at mutually convenient locations at the
request of the Owner 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 Owner, to enable the owner to pass judgment on the features and progress of the work.
X. TERMINATION OF AGREEMENT
A. 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.
B. 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.
C. 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 of receipt of the termination notice. The value of the work performed and
services rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Owner and
the Consultant.
If the Agreement is a cost plus fixed fee, the following applies:
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 Section XXI. Actual costs to be reimbursed shall
be determined by audit of such costs to the date established by the Owne(th the -
termination notice, except that actual costs to be reimbursed shall not exceed the
Estimated Actual Costs, plus any authorized contingency.
O:\ProJM 76290J0%administrative~contra. ct\agmt-110802-us2OdubS3.doc 3 1/8/03
Howard R. Green Company
Project No. 176290-J03
US Highway 20 Improvements
(HMA Pavement Widening)
Dubuque, iowa
After audit of the Consultant's actual costs to the date established by the Owner in
the termination notice and after determination by the Owner of the amount of work
satisfactorily performed, the Owner shall determine the amount to be paid to the
Consultant.
D. 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 Owner up to the date
established by the termination notice.
E. The right is reserved by the Owner to suspend this Agreement at any time. Such suspension may be
affected by the Owner 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 C above.
F. 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. If the Agreement has been terminated for six
months or more, the fees provided for herein shall be renegotiated prior to reinstatement at the Consultant's
option.
G. This Agreement will be considered terminated when the constraction of the project has progressed
sufficiently to make it clear that the project can be completed without further revisions in the work, or if the
Consultant is released prior to such time by written notice from the Owner.
XI. MEDIATION
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 contractor's and Consultants retained for the project and to require all
independent contractors and Consultants also to include a similar mediation provision in all agreements
with subcontractors, sub-Consultants, suppliers or fabricators so retained, thereby providing for mediation
as the primary method for dispute resolution between the parties to those agreements.
XII. ARBITRATION
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 XI, 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 Iowa Code. If the parties cannot agree on a single arbitrator, then the
arbitrator(s) shall be selected in accordance with the above-referenced rules.
XI]I. PdESPONSIBILITY FOR CLAIMS-AND LIABILITY.
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, stock holders, or employees in connection with performance of this Agreement.
The Consultant shall submit to the owner, a certificate of insurance meeting the requirements specified in
Attachment D.
XIV. NON-RAIDING CLAUSE
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(s).
O:\ProjM 76290J01 ~administrative\contract\agmt- 110802-us2OdubS3.doc 4 1/8/03
Howard R. Green Company US Highway 20 improvements
Project No. 176290-J03 (HMA Pavement Widening)
Dubuque, Iowa
XV. GENERAL COMPLIANCE WITH LAWS
The Consultant shall comply with all Federal, State and Local laws and ordinances applicable to the work.
XVI SUBLETTING, ASSIGNMENT OR TRANSFER
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 Owner and authorized by the State. The Consultant
shall submit proposed contracts with sub-Consultants to the Owner to review and approve prior to their
execution.
XVII. FORBIDDING USE OF OUTSIDE AGENTS
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 discretion to deduct from the
agreement price or consideration, or otherwise recover, the fall amount of such fee, commission
percentage, brokerage fee, or counterpart fee.
XVIII. CONSULTANT'S ENDORSEMENT ON PLANS
The Consultant shall endorse the completed plans; computations and report prepared under tlfis Agreement,
and shall affix thereto the seal of a licensed Professional Engineer, licensed to practice in the State of Iowa.
XIX. COMPLIANCE WITH TITLE 49, CODE OF FEDERAL REGULATIONS (49CFR)
A. During the performance of this agreement, the Consultant, and its' assignees and
successors in interest (hereafter referred to as the "Consultant"), agree as follows:
1. Compliance with regulations. 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 Regnlations, Part 21, hei'einafter
referred to as the "Regulations"), which are herein incorporated by reference and made a part of
this agreement.
2. Nondiscrimination. The Consultant, with regard to the work performed by it, will not
discriminate on the grounds of race, religion, color, sex, age, physical disability or national origin
in the selection and retention of sub-Consultants, 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 Appendix "A"713", and "C" of the Regulations.
3. Solicitation for sub-Consultants, Including Procurement of Materials and Equipment. In ail
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
sub-Consultant or supplier shall be notified by the Consultant of the Consultant's obligation under
this contract and the regulations relative to nondiscrimination onthe grounds of race, religion,
color, sex, age, physical disability or national origin.
B, Disadvantaged Business Enterprises (DBE's).
1. The Consultant or its sub-consultants agee(s) to ensure that Disadvantaged Business
Enterprises (DBE) as defined in 49 CkCR, 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 sub-Consultants shall
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Howard R. Green Company
Project No. 176290-J03
US Highway 20 Improvements
(HMA Pavement Widening)
Dubuque, Iowa
take all necessary and reasonable steps in compliance with the Iowa Department of Transportation
DBE Program to ensure minority and women business enterprises have the opportunity to compete
for and perform contracts.
2. The Consultant and its sub-Consultants shall not discriminate on the basis of race, religion,
color, sex, age, physical disability, or national origin in the award and performance of U.S.
Department of Transportation assisted contracts. If, as a condition of assistance, the Iowa
Department of Transportation (Iowa DOT) has submitted to U.S. DOT, or the Consultant has
submitted to the Ipwa DOT, and the U.S. DOT or Department has approved a DBE program which
the Iowa DOT 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 Iowa 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. Department of Transportation
financial assistance.
3. The Consultant or any of its sub-Consultants 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 Section X of the Agreement.
C. Information and Reports.
The Consultant will provide all information and reports required by the regulations, orders and
insUuctions 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 STATE or the Federal
Highway Administration, to be pertinent to ascertain compliance with regulations, orders and
instructions. Where any information required of a Consultant is in the exclusive possession of
another who fails or refuses to furnish this information, the Consultant shall so certify to the
Owner, or the STATE as appropriite} and shall set forth what efforts it has made to obtain
information.
D. Sanctions for Noncompliance.
In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
agreement, the Owner shall impose such contract sanctions as it or the Stare may determine to be
appropriate, including, but not limited to:
1. Withholding of payments to the Consultant under the agreement until the Consultant
complies; and/or
2. Cancellation, termination or suspension of the agreement, in whole or in part.
E. Incorporation of Provisions.
The Consultant will include the provisions of Paragraphs A through D above in every sub-
ggreement, including procurement 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 sub-agreement or procurement as the Owner or State 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 sub-Consultant or
supplier as a result of such direction, the Consultant may request the STATE to enter into such
litigation to protect the interests of the STATE and, in addition, the Consultant may request the
United States to enter into such litigation to protect the interests of the United States.
XX. ACCESS TO RECORDS
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' Howard R. Green Company
Project No. 176290-J03
US Highway 20 improvements
(HMA Pavement Widening)
Dubuque, Iowa
A. The Consultant and its sub-Consultants are to maintain ail 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 STATE, Federal Highway
Administration, or any authorized representatives of the Federal Government; and copies thereof shall be
furnished, if requested.
B. The Consultant's records used to develop the proposed fees for performing work covered by this
Agreement shall also be available for review by authorized representatives of the STATE, or Federal
Highway Administration for a period of three years from the date of final payment under the contract.
XXI. FEES AND PAYMENTS (COST PLUS FIXED FEE OPTION)
A. Compensation
For full and complete compensation for all work, materials, and services fitrnlshed under the terms of this
Agreement, the Consultant shall be paid fees in the amounts of the Consultant's actual cost plus applicable
fixed fee mount. Consultant's actual costs shall include payments to any sub-Consultants. The estimated
costs and fixed fee are shown below and are itemized in Attachment F. The nature of professional 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, which exceed those estimated.
Estimated Actual Costs $81,571.00
Fixed Fee $9,158.00
Contingency $8,157.00
Maximum Amount Payable $98,886.00
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 the contingency amount, it will promptly
notify the Owner 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
Owner. The STATE may audit the Consultants cost records prior to authorizing the use of the
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 or sub-Consultant(s), exceeds the estimated actual costs for any reason (other
than the justified and well documented costs) before the Owner 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 Agreemem or Extra
Work Order.
The maximum amount payable under this Agreement is $98,886.00 that is the sum of the above
amounts. The maximum amounts payable can not be exceeded except by Supplemental
Agreement, or Extra Work Order if the Consultant establishes and the Owner 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 deterrrfined that a maximum amount payable will be or has been
exceeded, the Consultant shall immediately so notify the Owner in writing. The maximum
amount payable may be increased by a Supplemental Agreement or Extra Work Order, or this
Howard R. Green Company
Project No. 176290-J03
US Highway 20 Improvements
(HMA Pavement Widening)
Dubuque, iowa
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
or the State may audit the Consultant's cost records prior to making a decision whether or not to
increase the maximum amount payable.
B. 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 3 I. 105
and 31.2 of the current Federal Acquisition Regulations. These include the following:
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.
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.
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 Consultam 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 are 37.29% of direct salary costs and general overhead
costs are 125.80% of direct salary costs. Use of updated overhead percantage 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 unauddted indirect costs rates known by the Consultant shall be used in computing
the final invoice statement. All unverified overhead rates shall have a schedule of
computation supporting the proposed rate attached to the final bill.
Prior to final payment for work completed under this Agreement, all indirect cost rates shall
be audited and adjusted to actual rates tlxrough 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.
Premium Overtime Pay
Premium overtime pay shall not exceed 2 percent of the total direct salary cost without written
authorization.
D. 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 assdciated with the
work completed and substantiated by monthly progress reports. The report shall indicate the direct
and indirect costs associated with the work completed during the month. The Owner will check such
progress reports and payment will be made in the amount of 97% of the direct non-salary costs and
salary and indirect costs during the said months, plus a portion of the fixed fee. The retention amount
shall not exceed 3 percent of the maximum amount payable. 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
O:\ProlM 76290J01 \administrative\contract~gmt-110802-us20d ubS3.doc 8 1/8/03
· Howard R. Green Company
Project No. 176290-J03
US Highway 20 Improvements
(HMA Pavement Widening)
Dubuque, Iowa
respective years that labor is incurred. Payment of 100% of the total cost claimed inclusive of
retalnage will be made upon receipt and review of such claim. Failure to submit such claim with
adjustments will result in the 3% retainage being withheld until final audit is completed. Final audit
will determine correctness of all invoiced costs and final payment will be based upon this audit. The
Consultant agrees to reimburse the State for possible overpayment determined by final audit.
XTGL ENTIRE AGREEMENT
This Agreement expresses the entire concurrence of the parties and no representations, promises or
warranties have been made by either of the parties that are not fully expressed herein. If any section,
provision or part of this agreement shall be adjudged invalid, such adjudication shall not affect the validity
of the agreement as a whole or any section, provision, or part thereof not adjudged invalid.
LN WITNESS WI-IEREOF, the parties duly authorized officials have executed this Agreement as of the dates
indicated below.
Consultant: Owner:
Signed ~14~ /~ ~...~ Signed
Title ('/-~ ~' t~ ~'$-r~ ~ - ~t,~ Title
Date ~*~t~ cfi , ,~oa.q Date
Iowa Department of Transportation
Highway Division
Accepted for Authorization
By Date __
PE
Local Systems En~,meer, D~stnct 6
O:\ProjM 76290J01\administrative\contract\agmt-110802-us20dubS3 doc 9 1/8/03
Howard R. Green Company
Project No. 176290-J03
US Highway 20 Improvements
(HMA Pavement Widening)
Dubuque, Iowa
ATTACHMENT A
CERTIFICATION OF CONSULTANT
I hereby certify that I am the Vice-President, CFO and duly authorized representative of the firm of
Howard R. Green Company , whose address is P.O.Box 9009. Cedar Rapids. IA 52409
and that neither I nor the above firm here represent has:
(a) Employed or rem/ned 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 obtai~ng 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 bonafide 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 can'ying 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.
(Signamre)
(Date)
O:\Prol\176290J01~adrninistrative\contract~agmt-110802-us20dubS3.doc 10 1/8/03
Howard R. Green Company
Project No. 176290-J03
US Highway 20 Improvements
(HMA Pavement Widening)
Dubuque, Iowa
ATTACHMENT B
CERTIFICATION OF OWNER
I hereby certify that I am the Owner and that the above consulting firm or its representative have not been required,
directly or indirectly as an express or implied condition in connection wfth obtaining or carrying out this Agreement
to:
(a) employ or retain, or agree to employ or retain, any fu-m 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 fi~nished to the Iowa Depm-araent of Transportation and to the Federal
Highway Administration, in connection wSth this Agreement involving participation of federal-aid highway lands
and is subject to applicable State and federal laws, both criminal and civil.
Signature
Title
Date
OAProj\176290J01\administrative\contract\agmt-ll0802-us20dubS3 doc 1 1 I/8/03
.- ' Howard R. Green Company US Highway 20 improvements
· Project No. 176290-J03 (HMA Pavement Widening)
Dubuque, iowa
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, fa/lure of the prospective
primary participant to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
3. The cerfification 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 tiffs transaction for cause of defanit.
4. The prospective primary participant shall provide immediate written notice to the department or agency to whom
this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person", "primary covered transaction,!' principal," "proposal," and "voluntarily excluded," as used in
this clause, have the meanings set out in the Definitions and Coverage sections of the roles Implementing Executive
Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in
obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this proposal that should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded fi.om 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 tide
"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
ail 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 t/er
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded fi.om the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency
by which it determines the eligibility of its principals each participant may, but is not required to, check the
Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
05Proj\17629OdOlkadministrative\contractSagmt- 110802-us20dubS3.doc 12 1/8/03
· Howard R. Green Company US Highway 20 Improvements
· Project No. 176290-J03 (HMA Pavement Widening)
Dubuque, Iowa
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
11. Certification Regarding Debarment, Suspension and other Responsibility Matters - Primary Covered
Transactions.
A. 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 crirrdnal 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 (b)
above 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.
B. 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.
ATTEST:
State of Iowa
Linn County:
I Michael G. Daniel, Vice-President. CFO of the Howard R. Green Company , being duly sworn (or
under penalty of perjury under the laws of the United States and the State of Iowa) do hereby certify that the above
Statements are true and correct.
(Signature)
Subscribed and sworn to this day of , (2003).
O:\Proj\~76290J01\administra[ive~contract~agmt-ll0802-us20dubS3.doc 13
1/8/03
· Howard R. Green Company
Project No. 176290-J03
US Highway 20 improvements
(HMA Pavement Widening)
Dubuque, Iowa
ATTACHMENT D
CITY OF DUBUQUE
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
Ail policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All
insurers shall have a rating of A or better in the current A.M. Best Rating Guide.
All policies of insurance required hereunder shall be endorsed to provide a thir[y (30) day advanced notice
to the City of Dubuque of any cancellation of the policy prior to expiration date. This endorsement
supersedes the standard cancellation statement on the Certificate of Insurance.
The Consultant shall finnish Certificates of Insurance to the City of Dubuque, Iowa for the coverage
required in Paragraph 7. Such certificates shall include copies of the endorsements set forth in Paragraphs
2 and 5 to evidence inclusion in the policy. The Consultant shall also be required to provide Certificates of
Insurance of all sub-Consultants, and all subcontractors who perform work or services pursuant to the
provisions of-this contract. Said certificates shall meet the same insurance requirements as are reqtfn:ed of
the Consultant.
Each Certificate of Insurance shall be submitted to the contracting department of the City of Dubuque,
Iowa prior to the commencement of work/service. (The contracting department shall submit the certificates
to the Finance Director.)
All policies of insurance required in Paragraph 7, except Professional Liability, shall include the City of
Dubuque, Iowa under the attached Additional Insured Endorsement (CG2026) and the attached
Governmental Immunities Endorsement.
Failure to provide evidence of minimum coverage shall not be deemed a waiver of these requirements by
the-City of Dubuque. Failure to obtain or maintain the insurance required herein shall be considered a
material breach of this agreement.
The Consultant, sub-Consultants and subcontractors shall be required to carry the following minimum
insurance coverage's or greater if required by law or other legal agreement:
PROFESSIONAL LIABILITY: $1,000,000
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit $ 2,000,000
Products-Completed Operation Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
Commercial general liability shall be written on an occurrence form, not a claims made form. Coverage to
include premises-operations-products-completed operations, independent contractors coverage, contractual
liability, broad form property damage, and personal injury.
O:\Proj\176290J0 l~adrninistrative\contract~agmt*t 10802-us20d ubS3.doc 14 1/8/03
' Howard R. Green Company US Highway 20 Improvements
· Project No. 176290-J03 (HMA Pavement Widening)
Dubuque, Iowa
ATTACHMENT E
SCOPE OF SERVICES
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 perform the tasks identified in this scope
of services. The project is described, as the improvements to US Highway 20 mainline from Old Highway
Road to NW Arterial (IA Hwy 32). The roadway improvements include pavement widening on US20 to
accommodate a five-lane cross-section to solve traffic operation and safety problems.
The project is described, as the US20 HMA Pavement Widening STP-A-2100(630)--86-31 in Dubuque,
Iowa. The scope of services to be performed by the Consultant shall be completed in accordance with
generally accepted standards of practice and shall include the services to complete the following tasks:
Task A- Contract Manaqement
A1.1 - Project Monitoring and Progress Reports
This supplemental agreement modifies the original task by including an additional five (5) months to
the project duration. The Original Agreement and Supplemental Agreement No. 1 were based on a
targeted project letting date of February of 2003 and this supplemental agreement revises that to July
of 2003.
Task B - Interim Traffic Signal Improvement Plans
B1.1 - Project Administration
This supplemental agreement modifies original task by including additional project administration for
the interim traffic signal improvement plans. Coordinate with the City of Dubuque and Tim Crouch of
the Iowa DOT on traffic signal design criteria and setback requirements outside of original agreement.
Includes personal visits with Tim Crouch (Iowa DOT in Ames) and Dave Ness (City of Dubuque) on
variety of issues surrounding widening project. Aisc includes time discussing additional features to
be ad.ed including video detection, Emergency Vehicle Preemption, Un-interruptible power battery
back-up for emergency operations, and considerable lighting suppression and damage prevention
due to discovered significant history of lightnin9 damage to the Old Highway Road at US 20
intersection.
B1.2 - Interim Traffic Signal Design
This supplemental agreement modifies the original task by including additional design for the interim
traffic sigr)al improvement plans. This task consists of adding the lightning suppression design
details, power back-up system details, and fully updating the project specification to include these
additionaFtraffic signal system features. Includes additional correspondence and coordination with
traffic signal suppliers and manufacturers to obtain system details and operational abilities.
Task C - Design Services, US20 HMA Pavement Widening
The consultant shall provide the following field and office-based services for this project.
Cl.0- Design Administration
1.1 Coordination Meetings
Maintain communications with the Iowa Department of Transportation, City of Dubuque, and the East
Central Intergovernmental Association (ECIA). Assume three (3) meetings in Dubuque to review
progress and to discuss specific elements of the project design. The meetings will also serve to
establish schedules, develop project goals, establish initial design parameters, promote a dialog
between the various entities, improve the decision-making process, and expedite design
development. Prepare minutes of meetings and keep documentation of other communications.
O:\Proj\176290JOl',administrative\contract~agmt-110802-us2OdubS3 doc 15 1/8/03
· Howard R. Green Company
Project No. 176290-J03
US Highway 20 Improvements
(HMA Pavement Widening)
Dubuque, Iowa
1.2 Design Exceptions
The Consultant will prepare a request for design exceptions with respect to the design elements
proposed in the pavement widening typical cross-section. This includes an explanation of the
proposed design criteria and how it differs from the current Iowa DOT design standards for a primary
highway in terms of lane widths, horizontal clear zones and other typical cross-section elements.
This task does not include an economic analysis to determine the feasibility of the improvements.
1.3 Permitting
The Consultant will prepare applications for permits from governmental authorities having jurisdiction
to approve the design of the project and participate in consultations with such authorities. The
ConsuItant shall apply for the following permits for the project:
· Application and Agreement for Use of Highway Right-of-Way for Utilities Accommodation
· Application for Approval of a Traffic Control Device
Any fees for construction permits, licenses or other costs associated with permits and approvals shall
be the responsibility of the Iowa DOT or City of Dubuque. The Consultant shall provide technical
criteria, written descriptions and design data for the use in filing the applications for permits. The
Consultant shall prepare the 'permit applications. The Application to Perform Work Within State
Highway Right-of-Waywlll not be required for this project.
1.4 Field Review
The consultant will perform a field review of the key issues and design concepts, including drainage,
access control, traffic control/stage construction and right-of-way. The review will determine the
completion of the plan design, identify needed adjustments to minimize potential property impact and
confirm the proposed packaging/staging plans. Revisions will be noted for preparation of the final
design. Completion of the Field Review will allow preparation for the final plans.
1.5 Quality Control Review
The consultant shall complete ongoing quality control input from the Iowa DOT, Technical Advisory
Committee and the design engineer's senior technical staff throughout the development of the plans
and specifications. The design engineer will review the plans and specifications for technical
accuracy, as well as for general constructibility and conformance with the project design criteria.
C2.0 - Supplemental Survey
2.1 - Horizontal Control Survey
This supplemental agreement modifies original task by including additional horizontal survey for the
pavement widening improvements on US20. The horizontal control shall be extended west from
Devon Drive through Old Highway Road.
2.2 - Vertical Control Survey
This supplemental agreement modifies original task by including additional vertical control survey for
the pavement widening improvements on US20. The vertical control shall be extended west from
Devon Drive through Old Highway Road. This task also includes reestablishing the existing survey
alignment through this section of the corridor.
2.3 - Boundary Surveys
This supplemental agreement modifies original task by including additional boundary surveys for the
pavement widening improvements on US20/The existing right-of-way lines shall be established west
from Devon Drive through Old Highway Road.
2,4 - Published Survey Data
This supplemental agreement modifies original task by including additional survey data for the
pavement widening improvements on US20. The coordinates for each permanent control monument
and elevations for each benchmark shall be published in a summary tabulation. The name or other
O:\Proj\176290J01~dministrative~contract~agmt-ll0802-us20dubS3.doc 1 6 I/8/03
Howard R. Green Company
Project No. 176290-J03
US Highway 20 Improvements
(HMA Pavement Widening)
Dubuque, Iowa
identifier for the permanent control monument and benchmark shall be given along with coordinates
to three decimal places and elevation to the nearest hundredth of a foot.
In addition to the summary table included in the "G" sheets, a control file using the departments file-
naming convention will be provided.
2.5 - Referenced Ties
This supplemental agreement modifies original task by including additional survey information for the
pavement widening improvements on US20. The consultant shall provide wdtten descriptions of
reference ties for use in the recovery of permanent control monuments and benchmarks. Each
permanent control monument or benchmark shall have a fact sheet with horizontal coordinates or
elevation, recovery information, monument description, monument name and a sketch showing ties to
at least three natural or manmade objects.
Reference ties will be completed for permanent Control Points.
2.6 - Supplemental Topographic Survey
This supplemental agreement modifies original task by including additional topographic survey for the
pavement widening improvements on US20. The consultant shall perform supplemental topographic
surveys for mainline US20 at critical locations indicating location and elevation of top of curb/edge of
pavement. These locations will be surveyed at a maximum of 50-foot intervals on the mainline. The
task also includes supplemental topographic survey for sideroads and driveways.
2.7 - Utility Surveys
This supplemental agreement modifies original task by including additional survey information for the
pavement widening improvements on US20. The consultant shall contact utility owners of record
and/or the "one call" representatives and field locate utility locations established by others. The
utilities to be surveyed include phone, gas, fiber optic, watermain, overhead and underground
electrical, sanitary sewer and storm sewer. Excavating to expose buried utilities is not part of this
contract.
2.8 - Base Mapping Files
This supplemental agreement modifies original task by including additional survey information for the
pavement widening improvements on US20. The consultant shall incorporate the supplemental
topographic data and utility information into the base mapping CADD files containing existing
topographic and planimetric data. The design shall be completed in AutoCAD format. Data gathered
by field survey methods, in conformance with preliminary alignment survey, will be incorporated into
these files. This also includes verification of the existing topographic mapping as provided by the City.
C3.0 - Corridor Functional Design
3.1 - Develop Typical Section
This supplemental agreement modifies original task by including additional conceptual planning for
the pavement widening improvements on US20. The widening typical section was further developed
in preparation of this scope of services. The Iowa DOT will provide typical pavement designs.
3.2 - Develop Conceptual Plans
This supplemental agreement modifies original task by including additional conceptual planning for
the pavement widening improvements on US20. The concept plan was further developed in
preparation of this scope of services. This task consists of preparation of functional geometric plans
for the roadway. The primary focus will be on intersection geometry and entrance locations. The
conceptual plans will also incorporate potential elements that may affect the corridor, including
property impacts, traffic operations, and on-site traffic circulation. The plans will show edges of
pavement, traffic lades, existing right-of-way and traffic signals.
The conceptual plans will be graphical to be used as a reference in preparing preliminary and final
plans for the roadway improvements. The Iowa DOT and City of Dubuque will review the conceptual
O:\Proj~176290J0t\administrative\contract~agmt-ll0802~us20dubS3.doc 1 7 1/8/03
· Howard R. Green Company
Project No. 176290-J03
US Highway 20 Improvements
(HMA Pavement Widening)
Dubuque, Iowa
plans. Suggested revisions or design modifications would be addressed in the preliminary design
phase.
3.3 - Coat Opinions
This supplemental agreement modifies original task by including additional conceptual planning for
the pavement widening improvements on US20. The preliminary opinion of probable cost was
prepared in preparation of this scope of services.
C4.0 - Preliminary Roadway Design
4.1 - Develop Horizontal Alignments and Vertical Profiles for the Mainline
This supplemental agreement modifies original task by including additional preliminary roadway
design for the pavement widening improvements on US20. The consultant will use the corridor
functional plans to develop horizontal alignments and vertical profiles for the mainline. The
alignments and profiles will be developed based on the typical section developed in the concept
design phase.
4.2 - Cross Section Design
Integrate horizontal and vertical alignments, templates, roadway superelevation, and existing sections
to prepare initial cross sections and slope intercepts for roadways. Revise cross sections to
accommodate side ditch design and erosion control facilities.
4.3 - Traffic Control Design
This supplemental agreement modifies original task by including additional preliminary roadway
design for the pavement widening improvements on US20. The consultant will develop a preliminary
traffic control concept plan to indicate how traffic will be maintained during construction. The
concepts developed in this stage will be the basis for preparing the final traffic control plan.
C5.0 - Preliminary Plans
The level of detail for this task shall be according to the Guidelines for Design and Development of Local
Pubic Agency (LPA) Preliminary Plans for Federal-Aid Projects. Upon completion of the preliminary
plans, the design plans will be approximately 50 percent complete.
5.1 - Plan Preparation - Typical Sections
This supplemental agreement modifies original task by including additional preliminary preparation for
the pavement widening improvements on US20. The consultant shall prepare typical section sheets
for each of the proposed project segments. This shall include typical sections for the mainline, side
roads, and frontage roads as applicable.
5.2 - Plan Preparation - Plan and Profile
This supplemental agreement modifies original task by including additional preliminary preparation for
the pavement widening improvements on US20. The consultant shall prepare preliminary plan and
profile drawings for the mainiine roadway at a scale of 1"=50' horizontal end 1"=5' vertical. These
drawings will show base mapping and proposed roadway alignments. Include slope intercepts, side
road intersections, ditch locations, cross drainage, erosion containment, existing and proposed
drainage structures (including flow line, drainage area, end topography), and existing right-of-way
lines, intersecting angles and station equation between mainline and side road reference line will also
be shown. Profiles will show proposed elevations, grades, vertical curve length and "K" value,
elevations for PVC, PVI, and PVT, ditch profiles and ditch elevations.
5.3 - Plan Preparation - intersections and Mainline Geometrics
This supplemental agreement modifies original task by including additional preliminary preparation for
the pavement widening improvements on'US20. The consultant shall prepare 1"=20' scale drawings
for mainline US Hwy 20. The drawings will show proposed improvement, geometrics and staking
information.
O:\Proj\176290J01 \administrative\contract\agmt-110802-us20dubS3 doc 18 1/8/03
· Howard R. Green Company
Project No. 176290-J03
US Highway 20 Improvements
(HMA Pavement Widening)
Dubuque, iowa
5.4 - Plan Preparation - Cross Sections
This supplemental agreement modifies original task by including additional preliminary preparation for
the pavement widening improvements on US20. The consultant shall generate preliminary cross
sections at 1"=10' horizontal and 1"=5' vertical scale at key locations for each project segment. The
mainline sections will generally be developed at culvert locations, terrain breaks, and at 50' intervals.
C6,0 - Check Plans
The level of detail for this task shall be according to the Guidelines for Design and Development of Local
Pubic Agency (LPA) Final Plans for Federal-Aid Projects. Upon completion of the Check plans, the
design plans will be approximately 95 percent complete.
6.1 - Incorporate Comments from Preliminary Plan Review
The Consultant will respond to comments resulting from the iowa DOT Preliminary Plan Review.
Recommended modifications will be incorporated into the plan set.
6.2 - Check Plan Preparation
This supplemental agreement modifies original task by including additional preliminary preparation for
the pavement widening improvements on US20. The Consultant will prepare check plans, which will
generally include the following tasks for this project:
Typical Sections (B Sheets) - This item consists of final design and drafting of typical cross-sections
to be utilized for the improvements.
Quantities (C Sheets) - This item consists of final bid items to be included in the Project as well as
final quantity tabulations and the development of the general notes and estimate reference
information. This item also includes the final design and tabulation of the erosion control measures to
be provided on the Project.
Plan and Profiles (D Sheets) - This item consists of the final design and drafting of roadway plan and
profile sheets, including the detail information required for plan approvals, and construction of the
proposed improvements. This task also consists of the final design and drafting for the installation of
new utilities and utility adjustments, which can be determined from coordination with the utility
companies at the time of design. This also includes final draffing of the existing right-of-way
information.
Reference Ties and Bench Marks (G Sheets) - This item consists of assembling reference tees to the
plan control points and the bench mark data used to develop the plans and to be preserved though
out construction of the project. This also includes preserving any Government Corners, which are
found in the vicinity of the proposed construction.
Staqinq and Traffic Control (J Sheets) - This item consists of final design and drafting of the
construction traffic control plans.
Pavement Markinqs and Traffic Siqninq (K Sheets) - This item consists of final design and drafting of
the permanent traffic control plans.
Geometric Stakinq Details (L Sheets) - This item consists of the final design and drafting of jointing
details, spot elevations, and geometric layouts for all non-typical pavement areas. Includes design for
parking lot and entrance modifications. And also includes analyzing the effects proposed
improvements will have on drainage, grades and on-site traffic circulation patterns.
Tabulations of Earthwork Quantities (T Sheets) - This item consists of final design and tabulation of
the earthwork quantities.
Special Construction Details (U Sheets) - This item consists of the final design and drafting of
miscellaneous details not included in the other items. Included are such items as special grading
details, culvert details not included in the standard drawings, special storm sewer or manhole details
not included in the standard drawings, special paving details and other required details.
O:\Pro~176290J01\administrative~ontract~a~mt-ll0802-us20dubS3.doc 1 9 1/8/03
Howard R. Green Company US Highway 20 Improvements
Project No. 176290-J03 (HMA Pavement Widening)
Dubuque, Iowa
Design Cross-Sections (W, X, Y, Z Sheets) - This item consists of the final design and drafting of
individual cross-sections for the project. Cross-sections will be designed and drawn at 50-foct
maximum intervals, with additional cross-sections included as necessary. Cross-sections will show
the existing ground elevations as well as the final project grading, including foreslope and backslope
information, special subgrade treatment, ditches, pavement replacement, and other pertinent
information.
07,0 - Final Plans
The level of detail for this task shall be according to the Guidelines for Design and Development of Local
Pubic Agency (LPA) Final Plans for Federal-Aid Projects.
7,1 - Incorporate Comments from Check Plan Review
The Consultant will respond to comments resulting from the Iowa DOT Check Plan Review.
Recommended modifications will be incorporated into the final plan set.
7,2 - Opinion of Probable Construction Cost
Prepare an opinion of probable construction cost for the project. Final cost estimates shall be based
on representative project elements and recent bid information. Detailed quantity takeoffs will be
developed for the final cost estimate. The Iowa DOT will provide the unit price data.
7.3 - Prepare and submit the Project Development Certification
The Consultant shall provide the services required, except for those specifically identified to be
performed by the iowa DOT, to provide the Project Development Certification. This Submittal shall be
completed on or before the date established in the "Critical Path for Project Development' schedule.
Additional Services:
Additional Services are not included in this Supplemental Agreement No.3. If authorized under
separate Supplemental Agreement the Consultant shall furnish or obtain from others the following
services:
1. Public Involvement Activities
2. Economic Analysis for Design Exceptions (Cost Effectiveness, Benefit/Cost (B/C) Ratio, Rate of
Return, Time of Return and Net Annual Benefit)
3. Advertising Device inventory Survey
4. Pavement Design
5. Geotechnical Services
6. Drainage Surveys
7. Roadway lighting plans
8. Pink Sheets and 1"=20' Scale plats for Culverts and Storm Sewer
9. Construction Period Services (administration, observation and survey)
10. Preparation of Environmental Document
11. Design Public Hearing
12. Appraisals and appraisal reviews
13. Parcel files, plot plans and acquisition plats
14. Right-of-way acquisition and negotiat!on services
15. Eminent domain proceedings
16. Condemnation hearing assistance
17. Relocation assistance
18. Closing services
O:\Proj\176290J01\administrative\contract~agmt*110802-us20dubS3.doc 20 1/8/03
· Howard R. Green Company
Project No, 1762S0-J03
US Highway 20 Improvements
(HMA Pavement Widening)
Dubuque, Iowa
ATTACHMENT TWO
ITEMIZED ESTIMATED COSTS AND FIXED FEE
o:\Proj\176290J01\administrative\contract~agmt-110802-us20dubS3.doc 2I 1/8/03
Estimated Budget - Howard R. Green Company
US20 HMA Pavement Widening Project, Dubuque, IA
Dubuque County
Attachment Two
Direct Salary Costs:
Indirect Salary Costs:
163.09% of Direct Salary Costs
Subtotal: $
Expenses:
GPS Equipment
Total Station w/data recorder
Stakes and Supplies
Reproduction/Photography
Travel: Survey Vehicle
Car
Per Diem:
Lodging:
Miscellaneous:
29,008.89
47,310.59
76,319.00
Fixed Fee:
12% of (Direct Salary + Indirect Salary)
Contingency:
1200.00
60.00
50.00
75.00
1482.00
665.00
660.00
585.00
475.00
Subtotal: $ 5,252.00
10% of (Direct Sal. + Indirect Sal. + Expenses)
9,158.00
Subtotal Howard R. Green Company:
Subconsultants:
8,157.00
$ 98,886.00
Grand Total:
$ 98,886.00
HRGfee-110802-us20dubS3 1/8/2003
Attachment Two
Attachment Two