Fiber Optics Interconnect US 20
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MEMORANDUM
November 16, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Design Services Agreement - U.S. 20 Fiber Optics Interconnect Project
City Engineer Gus Psihoyos recommends execution of a Design Services Agreement
with Howard R. Green Company for the U.S. 20 Fiber Optics Interconnect Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/LtLA C~~/jJL
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
November 15, 2004
FROM:
Michael C. Van Milligen, City M~n~
Gus Psihoyos, City Engineer ~
TO:
SUBJECT: Design Services Agreement - US 20 Fiber Optics Interconnect
Project
INTRODUCTION
On March 7, 2005 (Resolution 68-05), the City Council approved the submittal of
an application to the Iowa Department of Transportation (Iowa DOT) for Iowa
Clean Air Attainment Program (ICAAP) funding for Priority 1 (US 20 - Devon
Drive to Menards) of the Traffic Signal and Intelligent Transportation System
Improvements.
DISCUSSION
The City of Dubuque has been notified by the Iowa DOT that the Iowa
Transportation Commission approved the City's ICAAP application for the US 20
Capacity Improvements - Priority 1 (US 20 - Devon Drive to Menards). Priority 1
focuses on the continuing monitoring and managing US 20 Corridor operations.
It includes the continuous collection of traffic volume data, intersection reports,
video monitoring, and overall control of the corridor from a remote location.
The enclosed agreement provides for the engineering firm of Howard R. Green
Company (HRG) to prepare plans and specifications for the installation of
pan/tilt/zoom monitoring cameras along US 20 at five intersections (Devon Drive,
John F. Kennedy Road/Cedar Cross Road, Wacker Drive, the Northwest Arterial,
and Menards). The project also includes extending communications from US 20
at Devon Drive to City Hall. This effort includes new conduit, fiber, handholes,
communications equipment and a traffic signal workstation at City Hall.
HRG has extensive knowledge of the corridor and the related traffic safety
needs/issues based on upon its earlier work on the interconnect. By utilizing
HRG, it will save time, reduce costs, and keep all aspects of this multi-faceted
contract under the design responsibility of one firm. This will also be beneficial
that one design firm will administer all coordination of the various contractors
working under separate contract. The Iowa DOT has provided the attached
letter that concurs with the City's selection of Howard R. Green Company to
provide project continuity.
In cooperative effort with the Iowa DOT, the City plans to have the design phase
of the project under contract, with construction to begin in the spring of 2006.
RECOMMENDATION
I recommend that the Design Services Agreement - US 20 Fiber Optics
Interconnect Project with Howard R. Green Company be submitted to City
Council for consideration and approval.
BUDGET IMPACT
The summary of the project costs is as follows:
Total Project Cost
$444,050
$444,050
Priority 1 - US 20 (Devon Drive to Menards)
The Priority 1 funding is as followings:
City Funding
(New Conduit Run from Devon Drive to City Hall)
ICAAP Funding (80%)
$183,680
Total Project Funding
260,370
$444,050
Originally, the City's funding was to be a portion of CIP 2901537 (O&M Office
Fiber Optics). Since the fiber optics work for the Municipal Services Center has
been completed, it was not eligible for the ICAAP matching funds.
Since many remaining fiber optics projects qualify under the ICAAP funding
match, it is recommended that the City's portion of $183,680 be covered under
CIP 3001266 (Traffic Signal Interconnect Conduit Replacement) with a current
balance of $246,259.83.
ACTION TO BE TAKEN
I recommend that the Design Services Agreement - US 20 Fiber Optics
Interconnect Project with Howard R. Green Company be submitted to City
Council for consideration and approval.
cc: Roger Walton, PE - Iowa Department of Transportation
Don Vogt, Public Works Director
Chris Kohlmann, Information Services Manager
David Ness, PE
~ ~?o~;n~~~s~~~nt of Trans~:;~~on
~ Fax: 515.233-7857
March 8, 2005
Ref. No.: 763
Gus Psihoyos, Acting City Engineer
Cijy of Dubuque
50 W. 13'" Street
Dubuque, IA 52001
Dear Mr. Psihoyos:
We are pleased to inform you that the Iowa Transportation Commission (Commission)
approved your revised application for Iowa's Clean Air Attainment Funds for U.S. 20 Capacity
Improvements (Priority 1) in Dubuque, at their March 8, 2005 meeting. The approved funding
amount is $260,370 or up to 80 percent of total eligible project costs, whichever is less. A
copy of the entire funding proposal, which was approved by the Commission, is enclosed.
Although the Commission approved the grant, you neither hava a funding commitment
nor an authorlutlon to expend funds until the Federsl Highway Administration (FHWA)
approves funds for this project. Project costs incurred prior to FHW A funding approval are
ineligible for reimbursement. Funding which was approved by the Commission is for Federal
Fiscal Year 2006 and eligibie for reimbursement after October 1, 2005, if FHW A approval has
been received.
It is expected you will obtain federal authorization and develop this project in a very timely
manner. Specific time constraints outlining revocation of funding for inactivity will be detailed
in the agreement being sent to you for signature in the near future.
Your project will need to be included in the East Central Intergovernmental Association
Transportation improvement Program (TIP) and State Transportation Improvement Program
(STIP). Please work with District Planner Fred Dean, telephone 563.391.4643 to include this
project in the MPO TIP and STIP.
District Local Systems Engineer Kenneth Yanna will be in contact with you shortly to discuss
development of your project including signing an agreement and attainment of FHWA
approval to incur costs. However, feel free to contact me with any questions you may have at
Iowa DOT, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010, 515.239.1681
(ph), emall: wendele.mavsent@dot.iowa.oov, or Kenneth Yanna, 319-364.0235 (ph), em all:
kenneth. vanna@dat.iawa.aav .
Sin.s~~IY, / /. ./ ~
~{. "w"",
Wendele Maysent 0
Office of Systems Planning
WM:plr
Enclosure:
cc:
Iowa's Clean Air Attainment funding proposal
John Cater, FHWA
Jim Rost, Office of Location and Environment
Larry Jesse, Office of Local Systems
Jon Ranney, Office of Program Management
Fred Dean, District Planner
Kenneth Yanna, District Local Systems Engineer
Roger Wanon, District 6
Deb Coles, Office of Finance
Agreement for Design Services
to Complete the US 20
Fiber Optics Interconnect Project
. ,
SECTION
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Attachments
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TABLE OF CONTENTS
DESCRIPTION
PAGE
Definitions............................................................................. .1
General............................................... ..... ...............................1
Scope of Services ...................................................................2
Time of Beginning and Completion.......................................4
Extension of Time.... ........................... ...................................4
Ownership of Engineering Documents ..................................4
Revision of Completed Plans.................................................5
Extra Work........................................ .....................................6
Progress Meetings ....................... ...........................................6
Termination of Agreement.....................................................6
Mediation.................... ...........................................................7
Arbitration.............................................................................. 7
Responsibility for Claims and Liability .................................8
Non-raiding Clause. ...............................................................8
General Compliance with Laws .............................................8
Subletting, Assignment or Transfer .......................................8
Forbidding Use of Outside Agents.........................................8
Consultant's Endorsement on Plans.......................................8
Compliance with Title 49 CFR..............................................9
Access to Records ..................................................................11
Fees and Payments .................................................................11
Entire Agreement .................................................................. .12
Certification of Consultant ....................................................A-I
Certification of Owner ..........................................................B-l
Certification Regarding Debarment, Suspension, and
Other Responsibility Matters ~ Primary Covered
Transactions .......................................................................... C-I
Itemized Cost Estimate ........................................................D-l
.
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered into this _ day of ,2005 by and between the
City of Dub que, hereinafter referred to as the "Owner, "and Howard R. Green Company, hereinafter
referred to as the "Consultant":
WITNESSETH:
WHEREAS, the Owner has decided to install fiber optics interconnect for remote video monitoring
of signal operations to improve signal timings based on real time collection of data for US Hwy 20 as
described in the ICAAP Application dated September 30, 2004; and WHEREAS, it has been agreed
that the Owner shall proceed to the preparation offinal design plans, specifications and estimates for
the US 20 Fiber Optics Interconnect Project, subject to the concurrence of the Iowa Department of
Transportation; and WHEREAS, the said Owner desires to employ the Consultant_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; and WHEREAS, the Consultant represents
that it is in compliance with Iowa statutes relating to the registration of its professional staff; and
WHEREAS, the Owner is authorized to enter into such Agreement;
NOW, THEREFORE: 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
ofthis document under the heading AGREEMENT FOR PROFESSIONAL SERVICES.
"Owner" shall mean the city or county.
"State" shall mean the Iowa Department of Transportation, Ames, Iowa.
"Consultant" shall mean the firm of Howard R. Green Company.
II. GENERAL
A. The Owner's designated representative will be Gus Psihoyos, and the Consultant's
designated representative will be Kim Rouse.
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
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secure and obtain all comments and approvals of the Owner and the State and to transmit
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 ofthe 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 State. 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.
F. Compliance with all ofthe foregoing shall be considered to be within the purview of this
Agreement and shall not constitute a basis for additional or extra compensation.
III. 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 prepare and
deliver contract plans and specifications for the project~The work shall consist of the making
of final designs, as-built plans, contract drawings, specifications and estimates for the award
of a contract, or contracts, for the construction or installation ofthe design.
The following scope of services details the role Howard R. Green Company (HRG) is to
perform in preparing plans for the installation of pan/tilt/zoom monitoring cameras along
US 20 at five intersections. The project also includes extending communications from
US 20 at Devon Drive to City Hall. This effort includes new conduit, fiber, handholes,
communications equipment and a traffic signal workstation at City Hall.
Task 1 - Data Collection
The following information, materials, and services shall be provided to the Consultant by
the City without cost to the Consultant:
1. As-builts oftraffic signals at each project intersection showing displays,
conduits, wiring, and phasing for intersections between Devon Drive and
City Hall.
2. Right-of-way information as available at locations conduit needs to be
installed from Devon Drive to City Hall.
3. Base Mapping and utility locations along the project's corridor between
US 20 to the City Hall.
Task 2 - Base Mapping
The Consultant will utilize base mapping already prepared from the US 20 Intersection
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Improvement project for portions of this project. However, the city will need to provide
base mapping for the area between US 20 and City Hall as well as utility locations in the
area.
Task 3 - Interconnect Design
The Consultant will design an interconnect system consistent with the US Highway 20
Interconnect System design standards and specifications between US 20 at Devon Drive
to City Hall. The will include a conduit system, interconnect media, and access to
existing traffic signal controllers.
Task 4 - Video Surveillance
The Consultant will prepare plans and specifications for a video monitoring system at five
locations within the project area. Design will include the location of camera, mounting
options, and associated field wiring to connect to system. The locations of the
pan/tilt/zoom cameras will be Devon Drive, JFK/Cedar Cross, Wacker Drive, NW
Arterial and Menards. The Consultant will contact vendors to discuss compatibility of
their products with the existing equipment.
Task 5 - Preliminary Plans and Specifications
The Consultant will develop preliminary construction plans and special provisions for
submittal to the City, the Iowa Department of Transportation (IDOT), and utility
companies for review comments. The interconnect system will incorporate designing a
standard PCIP networking system between the cabinets through the fiber optic cable.
This system will allow the City to manage their signal system remotely or on site.
Task 6 - Final Plans and Specifications
The Consultant will revise preliminary construction plans and special provisions as
necessary to incorporate City, Iowa DOT, and utility company comments. The
Consultant will provide a final set ofreproducible construction plans, technical special
provisions, and an engineer's opinion of probable construction cost to the City.
Task 7 - Project Management
Manage project and communication with client as to the progress of work tasks and
schedule. This item will also be used to complete project billing and administrative tasks
for the proj ect.
Task 8 - Quality Assurance/Quality Control
The construction documents will be reviewed by senior staff qualified to complete the
task.
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Task 9 - Installation of Equipment to Enable Automated Traffic Counting
Provide subconsultant to install equipment noted in September 29,2005 letter to Roger
Walton from David Ness. This task does not include cost of equipment.
Task 10 - Field Trip
The Consultant will make arrangements for a field trip to the City of Des Moines, City of
West Des Moines, and the Iowa DOT's 1-235 Traffic Management Center to review and
evaluate each traffic signal and monitoring system. The review will include a discussion
with local staff on the traffic signal operations, hardware, software, and management
issues such as use and storage of video monitoring feeds, repair and replacement of
traditional and video detector loops, and other equipment replacement, maintenance, and
operations issues. This task covers the consultant's time to coordinate and host the one-
day multiple site visits with no costs for transportation, food, or other miscellaneous
items included.
Not Included
Construction period services, shop drawing review and training tasks are not included in
this scope of services. It is anticipated that a separate supplemental agreement will be
prepared to cover these tasks.
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. It is anticipated that the contract documents will be
completed in time for an April, 2006 letting.
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. All 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
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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 acknowledges the Consultant's plans and specifications, including all
documents on electronic media, as instruments of professional service. Nevertheless, the
plans and specifications prepared under this Agreement shall become the property of the
Owner upon completion of the services and payment in full of all moneys due to the
Consultant. Documents provided to the State for Special Provisions or Specifications will
remain with the State.
C. The Owner and the Consultant agree that any electronic files prepared by either party
shall conform to the specifications listed. Any changes to these specifications by either the
Owner or the Consultant is subj ect 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
A. Drafts of work products shall be submitted to the Owner by the Consultant for review and
comment. The comments received from 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 from 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.
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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 directed by the Owner in writing. This work will be paid for as provided in
Section VIII.
VIII. EXTRA WORK
lfthe 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 deternrines that such work does constitute
"Extra Work, n 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 approval for
"Extra Work" has been secured in advance from the Owner and the State, 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.
lfthe Agreement is a cost plus fixed fee, the following applies:
I. The Consultant shall be paid a portion ofthe 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 Owner in the termination notice, except that
actual costs to be reimbursed shall not exceed the estimated actual costs,
plus any authorized contingency.
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2. 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 effected 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 construction 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 ofthe project
or following the completion of the project, the Owner and the Consultant agree that all
disputes between them arising out of or relating to this Agreement shall be submitted to non-
binding mediation unless the parties mutually agree otherwise. The Owner and the
Consultant further agree to include a similar mediation provision in all agreements with
independent contractors and Consultants retained for the project and to require all
independent contractors and Consultants also to include a similar mediation provision in all
agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby
providing for mediation as the primary method for dispute resolution between the parties to
those agreements.
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
7
agree on a single arbitrator, then the arbitrator(s) shall be selected in accordance with the
current Iowa Code.
XIII. RESPONSIBILITY FOR CLAIMS At'lD LIABILITY.
The Consultant shall defend, indemnify, and save hannless the Owner, the Iowa Department
of Transportation, the State ofIowa, 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.
XIV. NON-RAIDING CLAUSE
The Consultant shall not engage the services of any person or persons, then in the
employment ofthe Owner, for work covered by this Agreement without the written consent
of the employer of such person(s).
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 subconsultants 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 ofthis Agreement. For breach or violation ofthis 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 full 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
this Agreement, and shall affix thereto the seal of a licensed Professional Engineer or
Architect, licensed to practice in the State ofIowa.
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XIX. COMPLIANCE WITH TITLE 49, CODE OF FEDERAL REGULATIONS (49 CFR)
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 Regulations, Part 21, hereinafter 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 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 Appendix "A"," 13", and "C" of the Regulations.
3. Solicitation for subconsultants, Including Procurement of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiation made by the
Consultant for work to be performed under a subcontract, including procurement of
materials or equipment, each potential subconsultant or supplier shall be notified by
the Consultant ofthe Consultant's obligation under this contract and the regulations
relative to nondiscrimination on the grounds of race, religion, color, sex, age, physical
disability or national origin.
B. Disadvantaged Business Enterprises (DBEs).
1. The Consultant or its subconsultants agree( s) to ensure that Disadvantaged
Business Enterprises (DBE) as defined in 49 CFR 26 have the maximum opportunity
to participate in the performance of contracts and subcontracts fmanced in whole or in
part with federal funds provided under this Agreement. In this regard the Consultant
and all of its subconsultants shall take all necessary and reasonable steps in
compliance with the Iowa 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 subconsultants 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 Iowa 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
9
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 State 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 subconsultants are hereby advised that failure to fully
comply with the Iowa Department of Transportation's DBE Program shall constitute a
breach of contract and may result in termination ofthis Agreement or Agreements 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 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 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 orrefuses
to furnish this information, the Consultant shall so certify to the Owner, or the State
as appropriate, and shall set forth what efforts it has made to obtain such information.
D. Sanctions for Noncompliance.
In the event of the Consultant's noncompliance with the nondiscrimination provisions
ofthis Agreement, the Owner shall impose such contract sanctions as it, or the State
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
subconsultant agreement, 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 subconsultant 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
subconsultant 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,
10
the Consultant may request the United States to enter into such litigation to protect
the interests of the United States.
XX. ACCESS TO RECORDS
A. The Consultant and its subconsultants are 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 State, Federal Highway Administration, or any authorized
representatives of the Federal Goverument; 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
A. Fees. For full and complete compensation for all work, materials, and services fumished
under the terms of this Agreement, the Consultant shall be paid fees on a lump sum basis
and payment of this amount shall be considered as full and complete compensation for all
work, materials and services furnished under the terms of this Agreement. The lump sum
amount shall be $ 67,000.
The lump sum fee amounts will not be changed unless there is a substantial change in
magnitude, scope, character, or complexity of the services from those covered in this
Agreement. Any change in the lump sum fee amount will be made by a supplemental
agreement.
B. Reimbursable Costs. Reimbursement of costs is limited to those that are allowable
under the provisions of Title 48, Subchapter E, and Parts 31.105 and 31.2 of the current
Federal Acquisition Regulations. Reimbursable costs are included in the lump sum
amount.
C. Premium Overtime Pay. NOT APPLICABLE.
D. Payments. Monthly payments for work completed shall be based on the percentage of
work completed and substantiated by monthly progress reports. The Owner will check such
progress reports and payment will be made in the amount of97% of the proportional amount
ofthe lump sum fee. Upon completion, delivery and acceptance of all work contemplated
under this Agreement, the Consultant shall submit one complete invoice statement for the
balance of the lump sum fee. Payment of 100% of the total cost claimed inclusive of
retainage will be made upon receipt and review of such claim. The Consultant agrees to
reimburse the Owner for possible overpayment, if any.
11
XXII. 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.
12
IN WITNESS WHEREOF, the parties duly authorized officials have executed this Agreement as of
the dates indicated below.
:::~JukJ7
Owner:
Signed
Title: Vice President - Transportation
Title
Date: November 3, 2005
Date
lOW A DEPARTMENT OF TRANSPORTATION
Accepted for Authorization
By
Date
Title
13
ATTACHMENT A
CERTIFICATION OF CONSULTANT
I hereby certify that I am the Vice President and duly authorized representative ofthe firm of Howard
R. Green Company, whose address is 8710 Earhart Lane SW, Cedar Rapids, IA, and that neither I
nor the above firm here represented has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or
the above Consultant) to solicit or secure this contract;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain
the services of any firm or person in connection with carrying out the contract; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a 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 carrying out the contract;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and
the Federal Highway Administration, U.S. Department of Transportation, in connection with this
contract involving participation of federal-aid highway funds, and is subject to applicable state and
federal laws, both criminal and civil.
i1Ji.
(Signature)
AJ~ ~
(Date)
, L06S
A-I
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 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 expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and to
the Federal Highway Administration, 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.
Signature
Title
Date
B-1
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 ofthe 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 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 Defmitions and
Coverage sections of the rules Implementing Executive Order 12549. You may contact the
department or agency to which this proposal is being submitted for assistance in obtaining a copy of
those regulations.
6. The prospective primary participant agrees by submitting this proposal that should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency entering
into this transaction.
7. The prospective primary participant further agrees by submitting this proposal that it will include
the clause title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion--Lower Tier Covered Transaction," provided by the department or agency entering into
c-!
this covered transaction, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals Each
participant may, but is not required to, check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause or default
****
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 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 offederal 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 ofthe 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.
C-2
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.
State of Iowa, Linn County:
I, Richard L. White, Vice President of Howard R. Green Company, being duly sworn (or under
penalty of perjury under the laws of the United States and the State ofIowa) do hereby certify that
iJi&:""d co=t
Subscribed and sworn to this ::S~
day of
;U~~
(month)
,Zcos
(year)
C-3
Attachment D-1 November 3, 2005
US 20 Fiber Optics Interconnect Project
Howard R. Green Company
STAFF HOUR TABULATION
Senior Sr. Project Staff Engr. CADD
TASK Prin. Proj Mgr. Engineer Engineer Tech 2 Tech. Clerical HRG Total
1) Data Collection 3 48 20 71
2) Base Mapping 24 20 44
3) Interconnect Design 16 40 20 76
4) Video Surveillance 8 40 20 68
5) Prelim Plans and Specs 8 80 20 16 124
6) Final Plans and Specs 2 24 20 16 4 66
7) Project Management 4 8 24 36
8) Quality Assurance/Quality Control 8 8
9) Installation of Equipment 4 4
10) Field Trip 12 16
TOTAL HOURS 4 69 300 120 0 32 4 493
COST ANALYSIS
Direct labor Cost
Category
Principal
Senior Project Manager
Senior Project Engineer
Staff Engineer
Eng Tech 2
CADD Tech 2
Clerical
Hours
4
69
300
120
o
32
4
529
Rate/Hour
$66.28
$52.14
$35.86
$22.94
$20.75
$21.42
$16.34
Amount
$265
$3,598
$10,758
$2,753
$0
$685
$65
Payroll Total
$18,124
Adjusted Payroll Total (Labor Rate Inflation 3.5%)
$18,759
II Payroll Burden and Overhead Costs (Indirect Cost Factor: 163.09)
$30,594
III Direct Project Expenses
Travel:
Personal Vehicle Mileage
Per Diem
Miscellaneous
Quantity
Unit
U nit Cost
Total Cost
2000 Miles
4 Days
$0.49
$30.00
$980
$120
$500
Total Direct Project Expenses
$1,600
IV Subcontract Expenses (Not Including Contingency)
TSSC $ 5,000
Total Subcontractor Costs $ 5,000
V Estimated Actual Costs (1+1I+1I1+IV)(Rounded) $56,000
VI Fixed Fee 12% X (1+11) $5,900
VII Cost Plus Fixed Fees (V+VI)(Rounded)
$ 61,900
VIII Contingency (10% X (1+11+11I)
$5,095
IX Lump Sum (VII+VIII+IX)(Rounded)
$ 67,000