HomeMy WebLinkAboutShive-Hattery, Inc. - Traffic Control Center Remodeling Project - 6/22/2020Contract No. 2182080
Owner Project No. 284-R
Iowa DOT Project No. STP-U-8155(755)-70-07
Standard Consultant Contract
For Local Public Agency Consultant Contracts with Federal -aid Participation
Supplemental Agreement No. 2
This SUPPLEMENTAL AGREEMENT NO. 2, (amending the Supplemental Agreement No. 1 dated 6-6-2019 and
Original Standard Consultant Contract dated 9-6-2018) made as of the date of the last party's signature below, is
by and
BETWEEN City of Waterloo, Iowa, the Owner, located at:
625 Glenwood Street
Waterloo, Iowa 50703
Phone: (319) 291-4440
FAX: (319) 291-4094
and Shive-Hattery, Inc., the Consultant, located at:
316 2nd Street SE
Cedar Rapids, Iowa 52403
Phone: (319) 364-0227
FAX: (319) 364-4251
For the following Project: City of Waterloo Traffic Control Center Remodel Project
The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa
Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S. Department of
Transportation (when applicable).
The Owner desires to employ the Consultant to provide limited construction engineering services to assist with
the development and completion of the Project. The Consultant is willing to perform these services in
accordance with the terms of this Agreement.
Page 1 of 15
TABLE OF CONTENTS
Article Number And Description
1 Initial Information
1.1 Project Parameters
1.2 Financial Parameters
1.3 Project Team
1.4 Time Parameters
2 Entire Agreement, Required Guidance and Applicable Law
2.1 Entire Agreement of the Parties
3 Form of Compensation
3.1 Method of Reimbursement for the Consultant
4 Terms and Conditions
Attachment A - Scope of Services
Attachment C - Fees and Payments
Attachment C-1 - Cost Analysis Worksheet
Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Attachment E - Certification of Consultant
Attachment F - Certification of Owner
Attachment G - Sample Invoice Form
Attachment H - Consultant Fee Proposal
Page 2 of 15
ARTICLE 1 INITIAL INFORMATION
This Supplemental Agreement No. 2 is based on the following information and assumptions.
1.1
Project Parameters
The objective or use is: provide limited construction engineering services to assist with the development
and completion of the Project.
1.2 Financial Parameters
1.2.1 Amount of the Owner's budget for the Consultant's compensation is:
$5,232.00
1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is:
$0
1.3 Project Team
1.3.1 The Owner's Designated Representative, identified as the Contract Administrator is:
Mohammad Elahi, Traffic Engineer
The Contract Administrator is the authorized representative, acting as liaison officer for the
Owner for purpose of coordinating and administering the work under the Agreement. The work
under this Agreement shall at all times be subject to the general supervision and direction of the
Contract Administrator and shall be subject to the Contract Administrator's approval.
1.3.2 The Consultant's Designated Representative is:
Jordan Dreyer, Project Manager
1.3.3 The subconsultants retained at the Consultant's expense are identified in the following table:
Subconsultant Amount Authorized Maximum Amount Payable Method of Payment
N/A
1.4 Time Parameters
1.4.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to
proceed from the Owner.
1.4.2 Milestones for completion of the work under this Agreement as follows:
1. Completion of all work under this agreement shall be on or before December 31, 2020 unless
extended by written approval of the Contract Administrator or adjusted by supplemental
agreement.
The original completion date was on or before December 31, 2018. The reason for the
schedule extension is related to the timeframe it took to receive approval to let the project
locally. Additionally, the professional services previously included only preliminary
engineering services and now have been increased to include services through construction
engineering as described within this Supplemental Agreement No. 2.
1.4.3 The Consultant shall not begin final design activities until after the Owner has been notified by
the Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such
notice, the Ownerwill provide the Consultant notice to proceed with final design activities.
Refer to the Original Standard Consultant Contract for Article 1.5, which shall remain in full effect.
Page 3 of 15
ARTICLE 2 ENTIRE AGREEMENT, REQUIRED GUIDANCE, AND APPLICABLE LAW
2.1 Entire Agreement of the Parties. This Supplemental Agreement No. 2 (along with the Supplemental
Agreement No. 1 dated 6-6-2019 and Original Standard Consultant Contract dated 9-6-2018), including
its attachments, represents the entire and integrated agreement between the Owner and the Consultant
and supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both Owner and Consultant. This
Agreement comprises the documents listed as attachments in the Table of Contents. The work to be
performed by the Consultant under this AgreemenIshall encompass and include all detail work,
services, materials, equipment and supplies necessary to prepare and deliver the scope of services
provided in Attachment A.
Refer to the Original Standard Consultant Contract for Article 2.2 and 2.3, which shall remain in full
effect.
ARTICLE 3 FORM OF COMPENSATION
3.1 Method of Reimbursement for the Consultant.
3.1.1 Compensation for the Consultant shall be computed in accordance with one of the following
compensation methods, as defined in Attachment C:
.1 [ ] Cost Plus Fixed Fee - Attachment C
.2 [ ] Lump Sum - Attachment C
.3 [X] Specific Rate of Compensation - Attachment C
.4 [ ] Unit Price - Attachment C
.5 [ ] Fixed Overhead Rate - Attachment C
3.1.2 When applicable, compensation for the subconsultant(s) shall be computed in accordance with
one of the payment methods listed in section 3.1.1. Refer to section 1.3.3 for identification of the method
of payment utilized in the subconsultant(s) contract. The compensation method utilized for each
subconsultant shall be defined within the subconsultant contract to the Consultant.
Refer to the Original Standard Consultant Contract for Article 3.2, which shall remain in full effect.
ARTICLE 4 TERMS AND CONDITIONS
Refer to the Original Standard Consultant Contract for Article 4 - Terms and Conditions, which shall
remain in full effect.
Page 4 of 15
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials
thereunto duly authorized as of the dates below.
Shive-Hattery, Inc.
By L �cit r / Date: (¢ — 2 Z — 'Za
Jordan Dreyer
Proj Manager
ATTEST:
By tSV
City of Waterloo
By
Quentin Hart
Mayor
Date:
Date:
IOWA DEPARTMENT OF TRANSPORTATION
Accepted for FHWA Authorization*
P��
By Date:
Name
Title
* The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating
the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds.
Page 5 of 15
ATTACHMENT A
Scope of Services
Refer to the Supplemental Agreement No. 1 and Original Standard Consultant Contract for Scope of Services A-
E, which shall remain in full effect.
Additional Scope of Services to -be added to the Standard Consultant Contract by this Supplemental Agreement
No. 2 are:
Construction Engineering
Item
Description
1.0
Attend Pre -Construction Meeting
2.0
Review Shop Drawing Submittals & Product Material Data
3.0
Respond to Contractor Questions
4.0
Perform On -Site Observations and Provide Written Summary (lea)
5.0
Conduct one (1) Post Punch List of the Work & Assist with Closeout
6.0
Project Management
Page 6 of 15
ATTACHMENT C (referenced from 3.1)
Specific Rate of Compensation
3.1.1 FEES AND PAYMENTS
3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the
terms of this Supplemental Agreement, the Consultant shall be paid fees not to exceed the maximum
amount payable under this Agreement of $ 5,232.00.
The maximum amount payable will not be changed unless there is a substantial change in the
magnitude, scope, character, or complexity of the services from those covered in this Agreement. Any
change in the maximum amount payable will be by Supplemental Agreement.
A contingency amount of $ 0.00 has been established for this Agreement and is included in the
maximum amount payable. Written request by the Consultant indicating the need and written
approval by the Contract Administrator and concurrence from the Iowa DOT are needed prior to
usage of the contingency amount.
The current schedule of billing rates (direct labor rate, overhead, and fixed fee) are set forth in
Attachment C-1.* The Consultant may submit for approval a revised rate schedule once during the
contract period.
This revision may include a revised overhead rate and revised direct labor rates. The revised
rate schedule should be submitted to the Contract Administrator for approval and by the
Contract Administrator's written approval it shall become a part of this Agreement.
3.1.1.2 Reimbursable Costs. The Consultant shall be reimbursed for direct non -salary costs which are
directly attributable and properly allocable to the work. 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 the
overhead expense pool. These costs may include travel and subsistence, reproductions, computer
charges, and materials and supplies.
Reimbursement of costs is limited to those that are attributable to the specific work covered by this
Agreement and allowable under the provisions of the Code of Federal Regulations (CFR), Title 48,
Federal Acquisition Regulation System, Subchapter E., Part 30 (when applicable), and Part 31,
Section
31.105 and Subpart 31.2. In addition to Title 48 requirements, for meals to be eligible for
reimbursement, an overnight stay will be required.
3.1.1.3 Premium Overtime Pay. Not applicable.
3.1.1.4 Payments. Monthly payments for work completed shall be based on the services completed at the
time of the billing and substantiated by monthly progress reports in a form that follows the specific rate
schedule. The Contract Administrator will check such progress reports and payment will be made
for the hours completed at each rate and for direct non -salary costs incurred during said month. The
Owner shall retain from each monthly payment for construction inspection or construction
administration services 0% of the amount due.
Invoices shall clearly identify the beginning and ending dates of the prime's and subconsultant's billing
cycles. All direct and indirect costs incurred during the billing cycle shall be invoiced. Costs incurred from
prior billing cycles and previously not billed, will not be allowed for reimbursement unless approved by
the Contract Administrator.
Upon completion, delivery and acceptance of all work contemplated under this Agreement, the
Consultant shall submit one complete invoice statement of costs incurred and amounts earned.
Payment of 100% of the total cost claimed, inclusive of retainage, if applicable, will be made upon
receipt and review of such claim. The Consultant agrees to reimburse the Owner for possible
overpayment determined by final audit.
Page 7 of 15
ATTACHMENT C-1
Cost Analysis Worksheet
Contract No. 2082080, Supplemental Agreement No. 2
Iowa DOT Project No. STP-U-8155(755)--70-07
I. Direct Labor Cost (Prime Only)
Category Hours Rate/Hour Amount
Project Manager 1.00 52.40 $ 52.40
Office Assistant 4.00 28.90 $ 115.60
Project Leader 1.50 51.44 $ 77.16
Architect 2.50 51.44 $ 128.60
Interior Designer 6.50 18.51 $ 120.32
Electrical Engineer 6.50 51.44 $ 334.36
Construction Representative 26.00 29.81 $ 775.06
Payroll Total:
$ 1,603
II. Combined Overhead (COH) & Facilities Capital Cost of Money (FCCM) Costs (Prime Only)
IIA. Indirect Cost Factor: ( 170.56% X I) $ 2,734.92
III. Direct Project Expenses (Prime Only)
Phone/Fax
Travel
Reproductions
Postage
242.85
0.00
Combined Overhead total:
445.60 miles @ 0.545
Total Direct Project Expenses:
IV. Estimated Actual Costs (EAC) (Prime Only) (I + II + III)
V. Fixed Fee (Prime Only) ( 15% X (I + IIA)) $ 650.76
VI. Contingency (Prime Only)
Fix Fee Total:
$ 2,735
$ 242.85
$ 4,581
(Rounded)
$ 651
(Rounded)
0% X(I+II+III) $
(Rounded)
VII. Subconsultant Expenses (Designage if Cost Plus Fixed Fee (CP), Lump Sum (LS), etc. and
include appropriate number of Attachment "I's" as necessary)
No Subconsultants
Total Subcontractor Costs: $
(Rounded)
VIII. Specific Rate of Compensation Agreement Total (IV + V + VI + VII) $ 5,232
(Rounded)
Page 8 of 15
ATTACHMENT D
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS
Instructions for Certification
1. By signing and submitting this proposal, the prospective primary participant is providing the certification set
out-below-
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective participant shall submit an explanation of why it
cannot provide the certification set out below. The certification or explanation will be considered in connection
with the department or agency's determination whether to enter into this transaction. However, failure of the
prospective primary participant to furnish a certification or an explanation shall disqualify such person from
participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective
primary participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate written notice to the department or agency to
whom this proposal is submitted if at any time the prospective primary participant learns that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person" "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the definitions and coverage sections of the rules
implementing Executive Order 12549. You may contact the department or agency to which this proposal is
being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this proposal that should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary participant further agrees by submitting this proposal that it will include the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction," provided by the department or agency entering into this covered transaction, without
modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency may terminate this transaction for cause or default.
Page 9 of 15
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
- (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State Antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; and
(d) Have not within a three-year period preceding this application /proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
State of Iowa
Blackhawk County
I Jordan Dreyer, Project Manager of the
Shive-Hattery, Inc. Company, being duly sworn (or under penalty of perjury under the laws of the United States
and tl} Stat of Iowa) do hereby certify that the above Statements are true and correct.
(Signature)
Subscri d and sworn to this day of 5u n _c , Z02(1 .
(month) (year)
JILL PISARCIK
Commission Number 801597
My Commission Expires
February 7, 2023
Page 10 of 15
ATTACHMENT E
CERTIFICATION OF CONSULTANT
I hereby certify that I, Jordan Dreyer, am the Project Manager and duly authorized representative of the firm of
Shive-Hattery, Inc., whose address is 222 Third Avenue SE, Suite 300, Cedar Rapids, Iowa 52401, and that
neither the above firm nor I has:
(a) Employed or retained fora commission, percentage; brokerage, contingent fee, or other consideration;
any firm or person (other than a bona fide employee working solely for me or the above Consultant) to
solicit or secure this contract,
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out the contract, or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above Consultant) any fee, contribution, donation or consideration of any kind for, or
in connection with, procuring or carrying out the contract; except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and the Federal
Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation
of Federal -aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil.
J
signatu Date
Page 11 of 15
ATTACHMENT F
CERTIFICATION OF OWNER
I hereby certify that I, Quentin Hart, am the Mayor and the duly authorized representative of the
Owner, and that the above consulting firm or his representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this contract to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the to the Iowa Department of Transportation and the
Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving
participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and
civil.
Signature Apbvc.efr Date
Page 12 of 15
Consultant Name
Consultant Address
Consultant Address
Invoice No.
Invoice Period Covered
Consultant Jab No.
ATTACHMENT G
Page 6
Specific Rate Progressive Invoice
Date
Client Project No.
County
Client Project Description
Client Contract No.
Contract Cumulative Current
Estimate To Date Period
Labor Dollars
Direct Expenses
Mileage
Per Diem
CADD
Estimated Actual Costs
[Prime Only] (See Note 1)
Subconsultants (including authorized
contingency)
Name
Name
Name
Total
Authorized Contingency
Total Authorized Amount
Total Billed To Date
Remaining Authorized Balance
Unauthorized Contingency
Prime
Subconsultant Name
Subconsultant Name
Labor Hours
Note 1: Do not include Subconsultant Expenses. Include Labor Dollars and Direct Expenses for Prime
Consultant only.
Page 13 of 15
Attachment H
City of Waterloo Traffic Control Center Remodel
STP-U-8155(755)--70-07
Staff -Hour Summary
Shive-Hattery, Inc.
Construction Engineering
Item
Dee<dptlon
Grade 6
Grade 4
Grade 6
Grade 6
Grade 1
Grade 8
Grade 1
TOTAL
Prof Staff
Tech Staff
Prof Staff
Prof Staff
Prof Staff
Prof Slag
Prof Slag
1.0
Attend Pre -Construction Meeting
0.60
0.60
0.50
0.50
4.00
6.00
2.0
Review Shop Drawing Submlllais& Product Material Data
0.50
2.00
2.00
4.00
8.50
3.0
Respond to Contractor Questions
0.50
2.00
2.00
4.00
8.50
4.0
Perform On -Site Observations and Provide Written Summary (bra)
0.50
0.50
1.00
1.00
4.00
7.00
5.0
Conduct ene(1) Post Punch Led of the Work S Assist with Closeout
D.50
0.50
1.00
1.00
10.00
13.00
7.0
Protect Management
1.00
4.00
5.00
Construction Engineering Subtotal 1.00
4.00
1.50
2.50
8.50
8.50 26.00
48.00
Subtotal 52.40 115.60 77.16 128.60 120.32 334.36 775.06 1,603.50
Overhead 170.56% 89.37 197.17 131.60 219.34 205.21 570.28 1,321.94 2,734.92
Subtotal 141.77 312.77 208.76 347.94 325.52 904.64 2,097.00 4,338.42
S-H Fixed Fee (1556) 21.27 46.92 31.31 52.19 48,83 135.70 314.55 650.76
Total 163.04 359.68 240.08 400.13 374.35 1,040.34 2,411.55 4,989.18
Page 14 of 16
Attachment H
City of Waterloo Traffic Control Center Remodel
STP-U-8155)755)--70-07
Staff -Hour Summary
Shlve-Hattery, Inc.
ESTIMATED DIRECT LABOR
Category
Staff Type
Grade
Labor
Cost
Project Manager
Prof Staff
Grada 6
52.40
Once Assistant
Tech Staff
Grade4
115.60
Project Laadet'_
_ Prof Stag —.
_. Grade 6 _..
-..- _- 77.16
Architect
Prof Staff
Grade6
-
128.60
Interior Designer
Prof Staff
Grade 1
120.32
Electrical Engineer
Prof Staff
Grade 6
334.36
Conshudion Representative
Prof Staff
Grade 1
775.06
Total Estimated Labor
170.56%
Total Estimated Labor Plus Overhead
of Dire t Labor
1,603.50
2,734.92
4,338.42
ESTIMATED DIRECT EXPENSES
Description
quantity
Unit
Unit Rate
Coat
Phone/Fax
Travel
446
Miles
0.545
242.85
Reproductions
Postage
Total - Shiva-HaBery Direct Expanses
NOTES:
1. Compensation changes are annual on January ist
Total Direct Expenses
Total Project - Labor + Overhead + Direct Expenses
S•H • Fixed Fee (15% of Labor + Overhead)
S-H - Contingency (0%)
Total Project Fee
242.85
S242.85
S4,581
S651
50.00
$5,232
Page 15 of 15